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HomeMy WebLinkAbout2013-05-28 - AGENDA REPORTS - UPDATE UDC MC 13-009 (2)Agenda Item: 14 CITY OF SANTA CLARIT." AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: DATE: May 28, 2013 SUBJECT: COMPREHENSIVE UPDATE OF THE SANTA CLARITA UNIFIED DEVELOPMENT CODE (MASTER CASE NO. 13-009) DEPARTMENT: Community Development RECOMMENDED ACTION City Council: 1. Receive the staff report and open the public hearing for testimony. 2. Close the public hearing. Introduce and pass to a second reading on June 11, 2013 an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NO. 13-009 (UNIFIED DEVELOPMENT CODE 13-001, ZONE CHANGE 13-001) AND AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE (UDC) AND ZONING MAP." BACKGROUND General Plan Adoption After several years of public outreach and planning, the City Council adopted the new Santa Clarita General Plan (General Plan) on June 14, 2011, by adoption of Resolution No. 11-61. The new General Plan provides a vision that will guide future development of the City through a set of goals, objectives and policies, outlined in each of the seven elements of the plan. The General Plan also includes implementation measures discussing how these goals, objectives and policies will be carried out to achieve the intended goals of the plan. One of the key General Plan imple- mentation measures is to update the current UDC and zoning map to ensure consistency with the new General Plan. Ordinance passed to Second reading UDC Amendments and Comprehensive UDC Update The City of Santa Clarita UDC was originally codified in 1992, following the adoption of the City's first General Plan. Since codification of the City's UDC, numerous amendments to the UDC have been adopted by the City, in order to address applicable new State planning laws and local planning related issues, as they arose. As was required in 1992 following adoption of the City's original General Plan, State law requires local jurisdictions to bring their zoning ordinances into compliance with their newly adopted general plans. Pursuant to Government Code Section 65860, zoning ordinances shall be amended to ensure consistency with a newly adopted or amended general plan. Since the adoption of the General Plan in .lune 2011, City staff has been working on a compre- hensive update of the UDC that implements applicable General Plan policies and new State zoning laws and bills. The proposed UDC Update was also prepared to implement Community Development Director's policies, to address comments raised by the public, and to make the UDC a more user-friendly document. A thorough review of the UDC was conducted and a comprehensive update was prepared. A broad summary of proposed amendments is provided below, in the Project Description. General Public Outreach Meetings At the outset of the project, staff conducted two public outreach meetings on October 27, 2011, and November 2, 2011, to solicit feedback from the general public on the UDC. Planning staff also conducted a series of meetings with members of the business and development community in 2011 to solicit feedback from them regarding the UDC. A draft of the UDC Update was made available to the public on January 28, 2013, and posted at the Santa Clarita Library (Canyon Country, Newhall, and Valencia Branches), at the Permit Center at Santa Clarita City Nall, and on the City's website (www.santa-clarita.com/udcupdate). Copies of the UDC Update were also distributed to the Planning Commission and City Council on January 28. Following the release of the public draft of the proposed UDC Update, staff conducted further public outreach meetings on February 13 and 19, 2013 to summarize the project and receive comments on the proposed UDC amendments. Commission Study Sessions and Council Subcommittee Meetings On November 15, 2011, the Planning Commission conducted the first of two study sessions on the UDC Update to review policies of the General Plan and implementation of these policies in the UDC Update. On June 19, 2012, the Planning Commission held a second study session on the UDC Update and received a progress report from staff on the UDC Update. Following the release of the public draft of the UDC Update, the City Council Development Subcommittee (Subcommittee), which includes Mayor Kellar and Councilmember Boydston, held duly noticed meetings on January 28, 2013, and March 4, 2013. At these meetings, City staff provided the Subcommittee with an overview of the proposed project and the comments received from the public on the project. There were follow-up meetings with Councilmember Boydston where there was further review of parking requirements, permit requirements, and allowable densities. Environmental Review An Initial Study was prepared for this project in accordance with the California Environmental Quality Act (CEQA). The Initial Study determined that all impacts related to the proposed project are considered to be less than significant. Therefore, a Negative Declaration was prepared in accordance with Section 15070 of CEQA. The Negative Declaration and Initial Study (Exhibit G) were made available during a thirty -day public review period from March 5, 2013, to April 4, 2013. Documents were posted at the Permit Center at the City of Santa Clarita City Hall, and the City of Santa Clarita Library (Canyon Country, Newhall, and Valencia Branches). PROJECT DESCRIPTION Summary The proposed project is a comprehensive update to the City of Santa Clarita UDC that was prepared by City staff, in coordination with the City Attorney's Office. The project consists of text amendments to the UDC and an update of the zoning map, in order to achieve consistency with the City's General Plan, as required by State law. Amendments are proposed in order to implement applicable policies of the General Plan, to incorporate new State zoning laws, to make user-friendly improvements to the UDC, and to comprehensively update the UDC. Project Components The proposed project can generally be categorized into six components, which include the following. Each of these project components are discussed in detail below. • Zoning Map/Designation and Overlay Map Update • General Plan Policy Amendments • State Zoning Laws and Bills • User-friendly Improvements • Public Comments Received • Update of the UDC (1) Zoning Map/Designation and Overlay Map Update With the adoption of the General Plan and the General Plan Land Use Map, an update of the zoning map and overlay map is necessary to ensure consistency between the General Plan and UDC. Whereas the General Plan Land Use Map describes and designates the distribution of land uses by type, location, and intensity through policies, the zoning map and overlay map implement these policies by establishing zones and standards applied to property within the City. The proposed zoning map update (Exhibit B) reflects and implements the General Plan Land Use Map. A description of these designations and their respective development standards can be found in Division 17.30 (Zones) of the UDC Update. The proposed overlay map update (Exhibit C) reflects overlay zones within the City. A description of these overlay zone designations and their respective standards can be found in Chapter 17.38 (Overlay Zones) of the UDC Update. (2) General Plan Policy Amendments Another component of the proposed project is UDC amendments that are a result of implement- ing General Plan policies. In order to achieve consistency with the General Plan, amendments to the UDC are proposed to implement applicable policies of the General Plan. Within the public review draft of the UDC Update (track change version), comment balloons are provided to indicate proposed UDC amendments that implement the General Plan. (3) State Zoning Laws and Bills Several State zoning laws have been enacted that require local jurisdictions to update their zoning codes. The following includes a description of the proposed UDC amendments that address these new laws. Assembly Bill 1881 (AB 1881) —Wafer Efficient Landscape Ordinance Commonly known as the State's Model Water Efficient Landscape Ordinance, AB 1881 requires local jurisdictions to adopt this ordinance or update their local landscaping ordinance to implement measures to promote the conservation and efficient use of water for landscaping. As part of the UDC Update, proposed changes to incorporate AB 1881 can be.found in Section 17.51.030 (Landscaping and Irrigation Standards). Proposed amendments specific to AB 1881 include, but are not limited to, setting limits on the amount of water usage, requiring water conserving equipment, and encouraging the use of drought -tolerant and low water -use plants. Assembly Bill 1616 (AB 1616) — Homemade Food Act Assembly Bill 1616 was signed into law by the Governor in 2012 and requires local jurisdictions to allow cottage food operators to make and sell certain foods (jams, jellies, and certain baked goods) at a residence. AB 1616 gives local jurisdictions the discretion to permit these home- based cottage food operations by right or require a discretionary permit for these uses. To incorporate this law, staff proposes a set of performance standards in addition to requiring an administrative permit to regulate cottage food operations. These proposed requirements can be found in Section 17.66.025 of the UDC Update. Senate Bill 520 (SB 520) — Reasonable Accommodations Senate Bill 520 amended State housing element law and required local jurisdictions, as part of their housing element updates, to establish programs that remove governmental constraints and provide reasonable accommodations for persons with disabilities to obtain access to housing. Program H 5.1 of the Santa Clarita Housing Element states that the City will amend the UDC to create an administrative procedure whereby property owners and residents can apply for a 4 reasonable accommodation for changes to make housing accessible to persons with disabilities. To implement this program, Section 17.23.180 of the UDC Update is proposed and creates an administrative procedure to afford individuals with a disability equal opportunity to enjoy a residential use. (4) User-friendly Improvements As part of the effort to improve the UDC and in response to suggestions received from the general public, a number of user-friendly improvements have been incorporated into the UDC Update. A summary of these user-friendly improvements are provided below: • Procedural regulations have been updated for more efficient administration of the UDC. e The numbering and formatting system for Title 17 has been updated and improved for more efficient use. • Graphics have been updated and modernized to illustrate development standards. • Three chapters (definitions for use classifications, the Permitted Use Chart, and parking requirements) are consolidated into one location (Division 17.40 (Use Classification and Required Parking)). • Definitions (found in multiple locations in the UDC) have been consolidated into Chapter 17.11 (Definitions). • Topics are logically grouped into distinct divisions, chapters, and sections; alphabetized where applicable. • A new matrix is provided to illustrate and simplify signing requirements. (5) Public Comments Received The following is a list of comments received during the initial public outreach efforts in the fall of 2011, and a summary of how staff has addressed these comments in the UDC Update. • Consider methods to streamline the project review and approval process. Several changes were identified and have been proposed that could streamline the project review process including the following: • Refined procedures for application filing and project review. Various updates have been proposed that would improve the efficiency of administering the UDC. Expanded administrative hearing process. Administrative hearings before the hearing officer are currently used for only requests for hearings of sign variance applications. Staff is proposing to expand this process to include reviews of requests for hearings of adjustments and minor use permits, which currently require public hearings before the Planning Commission (Commission). This change would expedite the hearing process and allow projects to be heard sooner, before the hearing officer. Decisions by the hearing officer would still be appealable to the Commission. 5 • One additional one-year time extension. Once the initial approval period for permits expires, applicants are currently allowed one one-year time extension. Staff proposes a change to allow applicants one additional one-year time extension to activate their planning entitlements. • Need to find ways to make the UDC easier to use for the general public. Following the initial outreach meetings, staff identified various ways to improve the document and to make the UDC more user-friendly, as mentioned above. • Provide a method to enable discretion for applying new codes to existing, older neighborhoods. Several amendments are proposed that would provide additional flexibility when applying code requirements to existing, older residential neighborhoods, including provisions for modifying wall/fence height standards, replacing roof -mounted air conditioning units, and setback reductions for reverse corner lots (from 20 feet to 10 feet in urban residential zones). In addition, the adjustment application has been modified to allow single-family residential property owners to apply for a modification to a development standard. Currently, a variance application is required for these types of modifications. • Incorporate General Plan policy for North Newhall into the Special Standards. After the General Plan was adopted, staff met with members of the Placerita Canyon Property Owners Association (PCPOA) on several occasions to discuss amendments to the Placerita Canyon Special Standards District. These proposed amendments can be found in Section 17.39.020 of the UDC Update (Section 17.16.080 of the current UDC). (6) Update of the UDC As part of the comprehensive update of the UDC, staff carefully reviewed all sections of the UDC and identified necessary amendments to the UDC. Updates to the UDC include, but are not limited to, updates to definitions, general procedures, grading, hillside development, overlay zones, parking standards, property development standards, sign standards, subdivisions, and use permit requirements. A detailed comparison of the existing UDC and all of the proposed changes is provided in the Draft UDC Update (Volume 2) in the track change format of the UDC Update. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted two public hearings on the project, with the first taking place on March 19, 2013. At this meeting, the Commission received an overview of the UDC Update, opened the public hearing, provided comments and questions for staff, and continued the public hearing. On April 16, 2013, the Planning Commission took action on the UDC Update and voted 5-0 to adopt Resolution No. P13-03, recommending that the City Council certify the Negative Declaration prepared for the project and approve the UDC Update. As a part of their recommendation, the Planning Commission recommended approval of the Errata Summary (Exhibit D), which is a comprehensive list of all corrections that address typos, errors and omissions in the UDC Update and zoning maps. With their recommended action, the Planning Commission provided the following additional recommendations to the City Council: 1) Amend an existing finding for parking reductions to include the words "private streets" to ensure that the granting of the permit will not result in the parking of vehicles onto private streets in such a manner as to interfere with the free flow of traffic. 2) Allow the continued flexibility of combining individual and common open space require- ments for mixed use developments. 3) Amend the commercial parking requirement ratio for live/work units from one space per 250 square feet (as proposed in the UDC Update) to requiring parking to be based on the specific commercial use type as provided in the UDC. 4) Increase the allowed number of students receiving instruction, as part of a home occupation permit, from one student to up to five students, with no more than two vehicles incidental to the home instruction. 5) Clarify that all appeals related to filming throughout the City are heard first before the City Manager and, if necessary, before the City Council. 6) Reinstate proposed deletions of duplicative definitional language in the Happy Valley Special Standards District and Oak Tree Preservation sections of the UDC. 7) Incorporate Animal Control and Health Department requirements as it relates to enclosures for the keeping of large animals. 8) City Attorney's Office research the ability to add an additional standard that would require an applicant/owner to post bonds for clean-up and remediation of Hazardous Waste Facilities. 9) Staff continue to work with Mr. Hunt Braly, representing Sierra Highway Holdings, LLC, on his request to allow a legal nonconforming light industrial use on Sierra Highway, north of Soledad Canyon Road, the ability to have up to two years, phis an additional year extension in order to re-establish a use that has been discontinued. With the exception of items 8 and 9, above, the Planning Commission's recommended changes to the UDC Update are reflected in the attached Exhibit E (Planning Commission Recommened Changes). With regards to the Planning Commission's recommendation to add a requirement for the posting of a bond for clean-up and remediation of hazardous waste facilities, the City Attorney's Office researched the State's Health and Safety Code and concludes that the Department of Toxic Substances Control would be the appropriate government agency that determines whether bonds for remediation would be required. Therefore, no additional amendments to the UDC are necessary. Since the April 19 Planning Commission meeting, staff has met with Mr. Braly to discuss his client's concerns that the provisions in the UDC related to legal nonconforming uses do not permit them enough time (180 days) to re -lease their property to another light industrial use (and re-establish the use) after such time that the subject building becomes vacant. Staff continues to work with Mr. Braly to approve a schedule for the resumption of the light industrial use after such time that its current tenant relocates and vacates the property. ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT No fiscal impact. ATTACHMENTS Ordinance - Exhibit A - Unified Development Code Update (Volume 1) in City Clerk's reading file Exhibit B - Zoning Map in City Clerk's reading file Exhibit C - Overlay Map in City Clerk's reading file Exhibit D - Errata Summary Exhibit E - Planning Commission Recommended Changes Exhibit F - Municipal Code Amendments for Title 17 References Exhibit G - Negative Declaration and Initial Study Unified Development Code Update (Volume 2 -Track Change Version) available in the City Clerk's Reading File Planning Commission Staff Reports, Resolution, and Minutes available in the City Clerk's Reading File Comment Letters available in the City Clerk's Reading File Public Hearing Notice available in the City Clerk's Reading File ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NO. 13-009 (UNIFIED DEVELOPMENT CODE 13-001, ZONE CHANGE 13-001), AND AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE (UDC) AND ZONING MAP THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following findings of fact: a. On June 14, 2011, the City Council adopted the Santa Clarita General Plan, by adoption of Resolution No. 11-63. The General Plan provides a vision that will guide future development in the City of Santa Clarita through a set of goals, objectives, and policies. b. Pursuant to Government Code Section 65860, local jurisdictions, with newly adopted general plans, are required to amend their zoning ordinances to ensure consistency with the newly adopted general plan. c. Following adoption of the General Plan in June 2011, the City of Santa Clarita (the "City") initiated the comprehensive update of the Unified Development Code, consisting of Master Case No. 13-009 (the "project" or "UDC Update"). d. The City of Santa Clarita's proposed project consists of the following: Unified Development Code (UDC) 13-001: To update the Unified Development Code, to ensure consistency with the General Plan. The Unified Development Code Update is incorporated herein by reference as Exhibit A. Zone Change (ZC) 13-001: To update the zoning map and overlay map to ensure consistency with the General Plan. The updated zoning map is incorporated herein by reference as Exhibit B and the updated overlay map is incorporated herein by reference as Exhibit C. The update to the zoning map includes those areas pending annexation, with approved prezone designations, including the North Saugus area (Ordinance No. 13-2) and Norland Road area (Ordinance No. 11-8). Municipal Code Amendments: To update certain sections in the Municipal Code with references to Title 17. Due to renumbering the UDC, existing references to the UDC, found in the Municipal Code, are updated as set forth in the attached Exhibit F. rp e. The Planning Commission held duly noticed study sessions on November 15, 2011 and June 19, 2012, in accordance with the City's noticing requirements. The study sessions were held at City Hall, 23920 Valencia Boulevard, Santa Clarita and at Old Orchard Park, Community Room, located at 25032 Avenida Rotella, Santa Clarita. The following occurred at the study sessions: . On November 15, 2011, the Planning Commission received a presentation on the project and proposed amendments to the Unified Development Code. At that meeting staff received comments from both the Planning Commission and the public. 2. On June 19, 2012, the Planning Commission received a presentation on the draft UDC Update and a progress report on the project. At that meeting staff received comments from both the Planning Commission and the public. f. On January 28, 2013, the draft of the UDC Update was made available to the public and posted at the Santa Clarita Library (Canyon Country, Newhall, and Valencia Branches), at the Permit Center at Santa Clarita City Hall, and on the City website. Copies of the UDC Update were also distributed to the Planning Commission and the City Council. g. The City Council Development Subcommittee held duly noticed meetings on January 28, 2013 and March 4, 2013, in accordance with the City's noticing requirements. The meetings were held at City Hall, Century Room, 23920 Valencia Blvd., Santa Clarita. The Planning Commission held duly noticed public hearings on March 19, 2013 and April 16, 2013, in accordance with the City's noticing requirements. The project was advertised in The Signal newspaper on February 26, 2013. The hearings were held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. The following occurred at the public hearings: 1. On March 19, 2013, the Planning Commission received City staff s presentation summarizing the proposed project, opened the public hearing, and received public testimony regarding the project and staff received comments and questions from the Planning Commission regarding the project. The Planning Commission continued the public hearing to April 16, 2013; 2. On April 16, 2013, staff provided responses to questions and comments that were raised by the Commission on March 19, 2013. Staff presented the necessary approval documents (resolution and associated attachments), including the Errata Summary, as shown in Exhibit D. The Planning Commission received public testimony regarding the project, provided final comments to staff, and closed the public hearing. The Planning Commission voted 5-0 to adopt Resolution No. P13-03 recommending that the City Council certify the Negative Declaration 10 prepared for the project, and approve the proposed UDC Update with additional recommended changes, as shown in Exhibit E. At its hearings on the project, listed above, the Planning Commission considered staff presentations, staff reports, and public comments and testimony on the UDC Update. The documents and other materials, which constitute the record of proceedings upon which the decision of the Planning Commission is based, are on file within the Community Development Department and are in the custody of the Director of Community Development. k. On May 28, 2013, the City Council held a duly noticed public hearing on the UDC Update, in accordance with the City's noticing requirements. The project was advertised in The Signal newspaper on May 7, 2013. The hearing was held at 6:00 p.m. at City Hall, located at 23920 Valencia Boulevard, Santa Clarita. The City Council received the staff report, received public testimony, and closed the public hearing. 1. On May 28, 2013, the City Council conducted the first reading of an ordinance for the UDC Update and passed the ordinance to a second reading on .lune 11, 2013. in. Based upon the staff presentations, staff reports, and public comments and testimony, the City Council finds that the Unified Development Code Update will not adversely affect the health, peace, comfort, or welfare of persons residing in the area; nor will the Unified Development Code Update jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare. n. The documents and other materials, which constitute the record of proceedings upon which the decision of the City Council is based, are on file within the Community Development Department and are in the custody of the Director of Community Development. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings, the City Council hereby finds as follows: a. An Initial Study and a Negative Declaration for this project have been prepared, as set forth in Exhibit G, 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 have been considered. The Negative Declaration was advertised on February 26, 2013 and posted on March 5, 2013, in accordance with CEQA. The public review period was open from March 5, 2013 through April 4, 2013; c. There is no substantial evidence that the project will have a significant effect on the environment. The Negative Declaration reflects the independent judgment of the City of Santa Clarita; d. The documents and other material which constitute the record of proceedings upon which the decision of the City Council is made is the Master Case No. 13-009 project file, located within the Community Development Department and is in the custody of the Director of Community Development; and e. The City Council, based upon the findings set forth above, hereby finds that the Negative Declaration for this project has been prepared in compliance with CEQA. SECTION 3. FINDINGS FOR UNIFIED DEVELOPMENT CODE 13-001 AND ZONE CHANGE 13-001. Based on the above findings of fact and recitals and the entire record, including, without limitation, oral and written testimony and other evidence received at the public hearings, reports and other transmittals from City staff to the City Council, and upon studies and investigations made by the City Council, the City Council finds as follows: a, That the proposed zone change or amendment is consistent with the objectives of the development code, the General Plan, and development policies of the City: Master Case No. 13-009, which consists of Unified Development Code 13-001 and Zone Change 13-001, is consistent with the objectives of the General Plan and development policies of the City. The comprehensive update of the Unified Development Code carries out a key General Plan implementation measure by updating the development code and zoning map to ensure consistency with the General Plan, as required by State law. The comprehensive update of the Unified Development Code implements applicable policies of the General Plan to ensure consistency with the goals, objectives and policies of the General Plan. The UDC Update does not require consistency with the development code because the request is to amend the entire Unified Development Code, SECTION 4. The City Council hereby adopts the Negative Declaration (Exhibit G) prepared for the project and approves the amendments to the Unified Development Code, which includes Master Case No. 13-009, Unified Development Code 13-001, Zone Change 13-001, consisting of the Unified Development Code Update (Exhibit A), the Zoning Map (Exhibit B), the Overlay Map (Exhibit C), the Errata Summary (Exhibit D), and the Planning Commission Recommended Changes (Exhibit E). Other sections of the Municipal Code are hereby amended as set forth on the attached Municipal Code Amendments for Title 17 References (Exhibit F). SECTION 5. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. 12 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. 13 PASSED, APPROVED, AND ADOPTED this day of 12013. MAYOR ATTEST: INTERIM CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA) I, Armine Chaparyan, Interim City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 13- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2013. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance _ and was published in The Signal newspaper in accordance with State Law (G.C. 40806). INTERIM CITY CLERK 6 11 j • • E TITLE 16 SUBDIVISIONS CHAPTERS: 16.01 General Provisions 16.03 General Requirements 16.05 Surveys 16.07 Design Standards 16.09 Highways 16.11 Local Streets and Ways 16.13 Lots 16.17 Special Requirements 16.19 Dedications 16.20 Covenants of Easement 16.21 Subdivision Improvements 16.23 Fees, Bonds and Deposits 16.25 Tentative Tract and Parcel Maps 16.27 Vesting Tentative Maps 16.29 Final Maps and Final Parcel Maps 16.31 Mapping Specifications 16.33 Modifications to Tentative and Recorded Maps 16.35 Certificates of Compliance—Notices of Violation 16.37 Waiver Conditions 16.39 Parcel Mergers 16.41 Recording of Lot Line Adjustments January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 1 Chapter 16.01 General Provisions SECTIONS: 16.01.010 Applicability of Subdivision Provisions—Statutory Authority. 16.01.020 Lease Projects, Condominiums and Community Apartment Projects—Provisions Applicable. 16.01.030 Violation—Penalty. 16.01.040 Severability. 16.01.050 Condition of Subdivision Approval. 16.01.060 Conformity with Title 17. 16.01.070 Title. 16.01.010 Applicability of Subdivision Provisions—Statutory Authority. Subject to the provisions of the Subdivision Map Act, and in addition to any other regulations provided by law, the regulations hereinafter in this Code shall apply to all subdivisions or parts of subdivisions hereafter made, of land within the City, and to the preparation of subdivision maps thereof, and to other maps provided for by the Subdivision Map Act, for approval; and each such subdivision within the City shall be made, and each such map shall be prepared and presented for approval, as hereinafter provided for and required in this Code. 16.01.020 Lease Projects, Condominiums and Community Apartment Projects— Provisions Applicable. Provisions of this Code which exempt a subdivider from complying with a design, improvement, dedication or fee requirement, or which provide for the waiver of such a requirement because of the size of parcels resulting from a subdivision, shall not be construed to apply to lease projects, condominiums, or community apartment projects subject to the provisions of the Subdivision Map Act. 16.01.030 Violation—Penalty. A violation of this Code which is not also prohibited by the Subdivision Map Act or by any other State statute is subject to the penalties as set forth in Title 23 of the Municipal Code. 16.01.040 Severability. If any provision of this Code, or the application thereof to any person or circumstances is held to be invalid, the remainder of the Code and the application of such provision to other persons or circumstances shall not be affected thereby. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 2 • • 16.01.050 Condition of Subdivision Approval. As a condition of the approval of a subdivision, the subdivider shall agree to reimburse the City for any court and attorney's fees which the City may be required by a court to pay because of any claim or action brought against the City because of such approval pursuant to Government Code Section 66499.37. Although the subdivider is the real party in interest in such an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the subdivider of its obligations under this condition. 16.01.060 Conformity with Title 17. Unless specifically modified by Title 16, all subdivisions are subject the requirements of Title 17 including, but not limited to, the following: A. Administration; B. Permits; C. Major Bridge and Thoroughfare Fees; D. Parkland Dedication and In -Lieu Fees; E. Property Frontage Improvements; F. Road Dedications G. Library Facilities and Technology Mitigation Fee; and H. Law Enforcement Mitigation Fee. 16.01.070. Title. Title 16 of the Municipal Code shall be known and cited as "Title 16," the "Subdivision Code," "this Title," When the term "this Code" is used, the term shall include both Title 16 and 17, which together are considered the Unified Development Code. Whenever reference is made to any portion of the Code set out in this Title 16 and/or 17, or of any other law or ordinance, the reference applies to all amendments and additions hereafter made to this Code. January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.41) Page 3 Chapter 16.03 General Requirements • SECTIONS: 16.03.010 Final and Final Parcel Maps Required—Exceptions. 16.03.020 Exceptions to Final Parcel Map Requirements. 16.03.030 Approval of Final Parcel Map—City Engineer Authority. 16.03.040 Lot Line Adjustment. 16.03.010 Final and Final Parcel Maps Required—Exceptions. A. A final map is required for all subdivisions, except where: The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required; or 2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or 3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or • commercial development; or 4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section. B. A final parcel map is required for all subdivisions for which a final map is not required. C. No person shall offer to sell, lease, finance or transfer title to; contract to sell, lease, finance or transfer title to; sell, lease, finance or transfer title to; commence construction of any building other than a model home; or permit the occupancy other than for model -home purposes of any building on any real property for which a final map or final parcel map is required, until the required map has been filed for record by the Recorder of Los Angeles County. These prohibitions shall not apply in the case of final parcel map requirements where a waiver has been approved pursuant to Section 16.39.020 (Requirements for the Merging of Substandard Parcels), and to minor lot line adjustments approved pursuant to Section 16.03.040 (Lot Line Adjustment), or in any instance where a certificate of compliance has been issued and any required conditions have been fulfilled as provided in the Subdivision Map Act. Nor do the provisions of this section apply to any parcel or parcels of a subdivision offered for sale, lease, financing or transfer, or sold, leased, financed or transferred in compliance with or exempt from any law, including this Code or any other ordinance of the City, regulating the design and improvement of subdivisions, in effect at the time the subdivision was established. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 4 i • 16.03.020 Exceptions to Final Parcel Map Requirements. Final parcel maps are not required for subdivisions created by short-term leases (terminable by either party on not more than thirty (30) days' notice in writing) of a portion of the operating right- of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way or facilities, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map. 16.03.030 Approval of Final Parcel Map—City Engineer Authority. A final parcel map shall be submitted to the City Engineer for examination and approval. The City Engineer shall, upon completion of his examination of the final parcel map and receipt of the reports from City officers and departments required pursuant to Section 16.25.040 (Contents and Submittal Requirements), approve the map if it conforms to the tentative map, as approved, and the conditions of approval of the tentative map and all applicable requirements of this Title 16 and of the Subdivision Map Act have been complied with. 16.03.040 Lot Line Adjustment. The adjustment of lot lines between two to four existing adjacent parcels shall be done in • accordance with the provisions of this Code. • January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 5 Chapter 16.05 Surveys SECTIONS: 16.05.010 Standards for Survey Work. 16.05.020 Boundary Monuments—Location and Materials. 16.05.030 Street Centerline Monuments. 16.05.040 Centerline Intersection Monuments—Notes to City Engineer. 16.05.050 Identification Marks on Monuments. 16.05.060 Boundary Monuments—Time for Setting—Deferment Conditions. 16.05.070 Inspection and Approval of Monuments. 16.05.010 Standards for Survey Work. A. The procedure and practice of all survey work done on any division of land, whether for preparation of a final map or final parcel map, shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code, and Land Surveyor's Act. The allowable error of closure on any portion of a final map or parcel map shall not exceed 1/10,000. B. In the event that the City Engineer, State Highway Engineer, County Engineer or any engineer shall have established the centerline of any street or alley in or adjoining a division of land, the final map or final parcel map shall show such centerline, together with reference to a field book or map showing such centerline and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map or final parcel map. 16.05.020 Boundary Monuments—Location and Materials. Each final map or final parcel map shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distances as may be made necessary by topography or culture to ensure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a two (2) inch outside diameter, not less than two and one- half (2 1/2) feet in length, with plug and tack, and set at least two (2) feet into the ground, or of such other character and stability as may be approved by the City Engineer. For the purpose of this Code, a lead and tack set in permanent concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map. January 2013 1 DRAFT Title 16—Subdivisions (16.01-16.41) Page 6 • 16.05.030 Street Centerline Monuments. A. Whenever necessary, as determined by the City Engineer, centerline monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary or to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points. B. Each such monument shall be not less durable and substantial than: 1. In asphaltic concrete or cement concrete pavements, a lead and tack; 2. In unsurfaced graveled or oiled surfaces, a two (2) inch iron pipe set not less than twelve (12) inches below the surface, or at such depth as may be approved by the City Engineer; or 3. In bituminous macadam pavements, a spike not less than six (6) inches long. 16.05.040 Centerline Intersection Monuments—Notes to City Engineer. A. For each centerline intersection monument set, the engineer or surveyor under whose supervision the survey has been made, shall furnish to the City Engineer a set of notes showing clearly the ties between such monument and a sufficient number (normally four • (4)) of durable, distinctive reference points or monuments. B. Such reference points or monuments may be leads and tacks in sidewalks, two (2) inch by two (2) inch stakes set back off the curb line and below the surface of the ground or such substitute therefore as appears to be not more likely to be disturbed. C. Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as a part of the permanent public records. 16.05.050 Identif►cation Marks on Monuments. All monuments found or set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was performed. 16.05.060 Boundary Monuments—Time for Setting—Deferment Conditions. A. All boundary monuments shall be set prior to filing of the final map or final parcel map unless, before the map is approved by the Council: January 2013 1 DRAFT Title 16 —Subdivisions (16.01-16.4 1) Page 7 1. The engineer or surveyor responsible for setting the monuments certifies on the map that the monuments will be set on or before a reasonable, specified later date; and 2. The subdivider enters into a written agreement with the City, which contains, at a minimum, the terms set forth below and furnishes security in an amount and in a manner as set forth in the agreement. B. The written agreement by and between the City and subdivider shall contain, at a minimum, the following terms: 1. That the engineer or surveyor has certified on the map that monuments will be set on or before a certain date specified in the agreement and that the notes required in Section 16.05.040 (Centerline Intersection Monuments — Notes to City Engineer) will be furnished to the City Engineer at the same time; 2. That concurrent with the execution by the subdivider of the agreement, the subdivider shall furnish to the City Engineer security in a specified amount sufficient to guarantee payment of the cost of setting survey/boundary monuments and in the form of a cash deposit, performance bond, letter of credit, or other form of security acceptable to the City; 3. That the engineer and/or surveyor is a third party beneficiary to the terms of the agreement; • 4. That the subdivider may agree, that upon receipt of written notice to the City Engineer and subdivider from the engineer or surveyor that the final setting of all monuments has been completed, the Council may release the security to the engineer or surveyor; and 5. Other terms governing the release of the security as provided under Government Code Section 66497. 16.05.070 Inspection and Approval of Monuments. All monuments shall be subject to inspection and approval of the City Engineer in conjunction with his checking of the map. January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 9 • ® Chapter 16.07 Design Standards SECTIONS: 16.07.010 General Requirements—Determination of Adequacy. 16.07.020 Restricted Residential Access. 16.07.030 Wildland Access. 16.07.040 Modifications to Access and Frontage Requirements. 16.07.010 General Requirements—Determination of Adequacy. A. Each street providing access to lots within a division of land shall connect directly or through one or more other streets to a highway which is shown on the General Plan Circulation Map Joint Highway Plan and which is maintained and open to public travel. Each route of access to a highway which is shown on the General Plan Circulation Map Joint Highway Plan shall be adequate to accommodate the composition and volume of vehicular traffic generated by the land uses which it serves. B. In determining the adequacy of a route of access, the Approving Authority shall consider the potential for blockage of the route by flood, fire or landslide and the effect of such blockage on the safe evacuation of future users and occupants of the subdivision and on the • deployment of fire equipment or other services under emergency conditions. The Approving Authority may disapprove a design which makes use of a residential street as a route of access to industrial, commercial, residential or other divisions of land generating traffic which would conflict with the residential character of the street. C� 16.07.020 Restricted Residential Access. The provisions of this section shall not apply to divisions of land referred to in Section 16.21.040 (Lots in Excess of Ten (10) Acres – Requirements), to divisions of land approved pursuant to Section 16.21.060 (Parcel Maps – Five -Acre Minimum Lot Size) or to the subdivision of four or less residential units. A. If a street or street system is restricted to a single route of access to a highway shown on the General Plan Circulation Map Joint Highway Plan, 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: I. One hundred fifty (150) dwelling units where the restriction is designed to be permanent and the street or street system does not traverse an area designated as a Very High Fire Hazard Severity Zone; January 2013 1 DRAFT Title 16 – Subdivisions (16.01-16.41) Page 9 2. Seventy-five (75) dwelling units where the restriction is designed to be permanent and the street or street system traverses an area designated as a Very High Fire • Hazard Severity Zone; 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 but more than twenty-eight (28) feet in width and is not to be widened to thirty-six (36) feet or more as a part of the division of land, the permitted number of dwelling units shall be reduced by twenty-five percent (25%). , If the pavement is less than twenty-eight (28) feet in width, the permitted number of dwelling units shall be reduced by fifty (50) percent. 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. C. Residential access shall not be permitted on any residential street with a projected traffic volume of two thousand (2,000) or more vehicle trips a day unless approved by the City Engineer. D. Residential access shall not be permitted on any residential street within the first one • hundred (100) feet of an intersection with a major or secondary highway. 16.07.030 Wildland Access. Notwithstanding the provisions of Section 16.07.020 (Restricted Residential Access) and 16.11.110 (Cul -De -Sacs — Length Restrictions), the Approving Authority may disapprove a design of a division of land which utilizes a cul-de-sac or branching street system or other single -access street or street system as the sole or principal means of access to lots within the division, where the Fire Department advises: A. That the street or street system will traverse a wildland area which is located in a Very High Fire Hazard Severity Zone ;or B. That the lack of a second route of access would unduly hinder public evacuation and the deployment of fire -fighting and other emergency equipment in the event of a brush or forest fire. 16.07.040 Modifications to Access and Frontage Requirements. The Approving Authority may modify the requirements of Sections 16.07.010 (General Requirements—Determination of Adequacy), 16.07.020 (Restricted Residential Access), 16.11.110 (Cul-De-Sacs—Length Restrictions) and 16.13.030 (Frontage for Lots) where it finds that • January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 10 • topographic conditions, title limitations, or the pattern of ownership or the state of development of parcels in the immediate vicinity of a division of land make the strict application of the provisions of these sections impossible or impractical and that the public health, safety and general welfare will not be adversely affected thereby. 0 January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.41) Page 11 Chapter 16.09 Highways 0 SECTIONS: 16.09.010 Major and Secondary Highways. 16.09.020 Conformity with General Plan Circulation Map Joint Highway Plan. 16.09.030 Right -of -Way and Roadway Width Requirements—Cross-Section Diagrams. 16.09.040 Part -Width Highways. 16.09.050 Grade Separation and Bridge Approaches. 16.09.010 Major and Secondary Highways. A. Where the General Plan Circulation Map Joint Highway Plan shows any highway so located that any portion thereof lies within any proposed division of land, right-of-way for such portion shall be provided within such division in the general location shown on the General Plan Circulation Map Joint Highway Plan, unless the Approving Authority finds that the General Plan Circulation Map Joint Highway Plan will be so amended as to remove or change the location of any portion of such highway within the proposed subdivision as part of the same entitlement application. B. Where the Approving Authority finds that the General Plan Circulation Map Joint Highway Plan will be amended as part of the entitlement application, right-of-way for such portion shall be provided within the subdivision in a width and at a location deemed appropriate by the Approving Authority. 16.09.020 Conformity with General Plan Circulation Map Joint Highway Plan. A. Each highway shall conform in width and substantially in alignment with that shown or indicated in the General Plan Circulation Map Joint Highway Plan. B. The centerline curve radius of a Major Highway shall be not less than one thousand five hundred (1,500) feet. C. The centerline curve radius of a Secondary Highway shall be not less than one thousand (1,000) feet. D. The centerline curve radius of a highway may be reduced if topographic features or title limitations make it impossible or impractical to conform to the standards contained in this section, at the discretion of the City Engineer. 16.09.030 Right -of -Way and Roadway Width Requirements—Cross-Section Diagrams. A. Each highway shall have a width of right-of-way, vehicular pavement and sidewalk where a sidewalk is required, to conform to the cross-sections or such other designs as approved by January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 12 • • the City Engineer and demonstrated in the general plan. The Approving Authority may modify the requirements of this section as to highway widths if topographic features, title limitations, existing improvements or safety considerations make such dedication impossible or impractical. B. Width of Limited Secondary Highways. Where the Approving Authority finds that the traffic or drainage conditions warrant, the area eight (8) feet outside of the eighty-four (84) foot right-of-way shall be shown as a future or dedicated right-of-way. If such finding is not made, said area shall be subject to all other provisions specified by the Code. 16.09.040 Part -Width Highways. Any part -width highway, or any reservation therefore, lying along and abutting any boundary of a division of land shall have such a width as will conform to the lines shown on the General Plan Circulation Map Joint Highway Plan covering the same portion of such subdivision. 16.09.050 Grade Separation and Bridge Approaches. A. Wherever any highway within a subdivision of land intersects any railroad, or other right- of-way, and such highway is shown upon the General Plan Circulation Map Joint Highway Plan, and the Approving Authority identifies the location of a separation of grades at such intersection, the road layout of the subdivision of land shall be such as to conform to such plan. B. Each lot abutting upon a proposed cut or fill necessary for the approach to such grade separation shall be given suitable access elsewhere as determined by the City Engineer. C. Wherever it is proposed to subdivide property abutting an approach to an existing or proposed bridge, the division shall be arranged so that any lot abutting such approach has suitable access elsewhere, and the street layout adequately provides for such approach. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 13 Chapter 16.11 Local Streets and Ways i SECTIONS: 16.11.010 16.11.020 16.11.030 16.11.040 16.1 1.050 16.11.060 16.11.070 16.11.080 16.11.090 16.11.100 16.11.110 16.11.120 16.11.140 16.11.010 Right -of -Way and Improvement Width Requirements—Cross-Section Diagrams. Street Grades. Right -of -Way. Future Streets. Centerline Curve Radius. Street Intersection Angle. Service Roads or Alleys Required. Alleys in Congested Districts. Alley Intersections. Turnarounds. Cul-De-Sacs—Length Restrictions. Mobile Home Divisions of Land—Street and Driveway Standards. Fire -Fighting Access Easements. Right -of -Way and Improvement Width Diagrams. Requirements—Cross-Section Right-of-way and improvement widths shall conform to that depicted in the Circulation Element of the General Plan. • 16.11.020 Street Grades. No highway or street shall have a grade of more than six (6) percent, except for short stretches where the topography makes it impractical to keep within such grade, and in no event shall the grade exceed ten (10) percent except where evidence, which is satisfactory to the Approving Authority, is given that a lower grade is not possible. 16.11.030 Right -of -Way. Intersections of road right-of-way lines where one or both roads are local residential shall be rounded with a curve having a radius of thirteen (13) feet, unless otherwise determined by the City Engineer. Intersections of road right-of-way lines, where both roads are shown as highways on the General Plan Circulation Map Joint Highway Plan. or one of the roads serves a commercial or industrial development, shall be rounded with a curve having a radius of twenty-five (25) feet, unless otherwise determined by the City Engineer. 16.11.040 Future Streets. Wherever the Approving Authority shall have determined that a street is necessary for the future division of property as shown on the tentative map, or for adjoining property, but that the present January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 14 L� • dedication and construction of such street is not warranted, the Approving Authority may require that the location, width and extent of such street shall be shown on the final map or final parcel map as a future street. No improvement of such future street shall be required of the subdivider. 16.11.050 Centerline Curve Radius. On any street the centerline curve radius shall not be less than one hundred (100) feet for streets having a pavement width of thirty-four (34) feet, two hundred fifty (250) feet radius for streets having a pavement width of thirty-six (36) feet and three hundred fifty (350) feet radius for streets having pavement width of forty (40) feet. A smaller radius may be approved where sufficient evidence is offered to the City Engineer by the subdivider to show that the specified radius is not practicable. 16.11.060 Street Intersection Angle. Except as provided in Section 16.09.020 (Conformity with General Plan Circulation Map Joint Highway Plan), any highway or street intersecting any other highway or street shall intersect it at an angle as nearly a right angle as practicable. Except as provided in Section 16.09.020 (Conformity with General Plan Circulation Map Joint Highway Plan), any highway or street shall intersect as nearly a right angle as practicable. The intersection centerlines shall not be more than ten (10) degrees from the right angle. • 16.11.070 Service Roads or Alleys Required. A. Whenever it is proposed to divide property abutting a major or secondary highway, a service road or other local street shall be provided unless the circumstances of such property or of adjoining property render it inadvisable or undesirable to provide access by such service road or other local street as determined by the City Engineer. B. Where a service road or local street is not required, the subdivider shall provide an alley at the rear of such lots unless the Approving Authority finds such alley inadvisable, undesirable, detrimental to adjoining property or contrary to the best community design. 16.11.080 Alleys in Congested Districts. The Approving Authority may require that any alley be provided at the rear of all lots where property is to be used for multiple residential use (not including two-family use) or commercial, industrial, mixed-use or other less -restrictive uses. 16.11.090 Alley Intersections. Where two (2) alleys intersect, a cutoff of not less than ten (10) feet along each alley shall be provided unless modifications are required by the City Engineer. January 2013 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 15 16.11.100 Turnarounds. • A. A turning area shall be provided at the end of cul-de-sac streets and dead-end alleys. The Approving Authority may require turnarounds: 1. Upon the recommendation of the City Engineer, at intermediate points on cul-de- sacs of more than seven hundred (700) feet in length, and on other local streets where the distance between intersections exceeds two thousand (2,000) feet; and 2. At the end of stub or dead-end streets of more than three hundred (300) feet in length. B. All such turnarounds shall conform to the specifications of the City Engineer and the Fire Department. 16.11.110 Cul-De-Sacs—Length Restrictions. A. Cul-de-sacs shall not be more than: 1. Five hundred (500) feet in length, when serving land zoned for industrial or commercial use; 2. Six hundred (600) feet in length, when serving land zoned for residential uses having a density of more than two (2) dwelling units per net acre; 3. One thousand (1,000) feet in length, when serving land zoned for residential uses having a density of two (2) or less dwelling units per net acre. B. This section shall not be construed to prohibit the approval of a division of land utilizing frontage on an existing cul-de-sac of more than the maximum permitted length nor shall it be construed to prohibit the Approving Authority from reducing the length of a proposed cul-de-sac to less than the maximum length permitted by this section or requiring the elimination of a proposed cul-de-sac in order to provide for the efficient circulation of traffic, the future development of the neighborhood street system or the deployment of emergency services. 16.11.120 Mobilehome Divisions of Land—Street and Driveway Standards. Those streets, existing or proposed within or contiguous to a mobilehome division of land which are to be dedicated or offered to be dedicated for public use, shall meet the standards outlined in Section 16.09.030 (Right -of -Way and Roadway Width Requirements—Cross-Section Diagrams). Driveways in such division shall have minimum widths of thirty (30) feet. However, greater driveway widths may be required by the Approving Authority if the design or magnitude of such division warrants the greater width or located in a Very High Fire Hazard Severity Zone. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 16 • • • 16.11.140 Fire -Fighting Access Easements. In areas where, in the opinion of the Fire Department, there will be fire hazard to the watershed for any other properties and/or is located in a designated Very High Fire Hazard Severity Zone, unobstructed Fre protection access easements, not less than fifteen (15) feet wide, shall be dedicated from the public highway to the boundary of the division of land. Where the design of a division of land will cause an existing fire road or fire break to be severed, and the Fire Department advises that this condition will impair the provision of adequate fire protection, the Approving Authority may require that the subdivider either revise the design of the division of land so that the fire road or fire break will not be severed or provide an alternate easement. The Fire Department shall make recommendations to the Approving Authority regarding the location, design and grading of easements required pursuant to the provisions of this section. Such location, design and grading shall be as found necessary by the Approving Authority. January 2013 1 DRAFT Title 16 —Subdivisions (16.01-16.41) Page 17 Chapter 16.13 Lots SECTIONS: 16.13.010 Area and Width—Requirements Generally. 16.13.020 City Boundary Line to be Lot Line. 16.13.030 Frontage for Lots. 16.13.040 Minimum Frontage. 16.13.050 Lot Sideline Angle. 16.13.060 Flag Lots. 16.13.010 Area and Width—Requirements Generally. A. Each.lot in any division of land shall have an area not less than either the required area or what will be the required area at the time of the submission of the final map or final parcel map for approval for the zone in which the lot or any portion thereof is located. Each lot shall have an average width of not less than the required width, or what will be the required width at the time of the submission of the final map or final parcel map for approval, or shall contain an area of not less than such required area within a portion which does have an average width of not less than such required width, except as provided in Sections 16.13.020 (City Boundary Line to be Lot Line) or 16.17.010 (Division of Land for Purpose of Lease Only). The required area and the required width shall be the same as those terms are defined, respectively, in this Code. • B. if any lot is in more than one zone, then the area and width thereof shall be not less than the area and width requirements, respectively, in that zone in which any part of the lot is located which has the largest area requirement and in that zone in which any part of the lot is located which has the greatest width requirement. C. This section does not apply to any land which the subdivider offers to deed or dedicate to any public agency or utility. D. Where public sewers are not available and private sewage disposal is to be used, every lot or parcel or building site shall be of sufficient size to provide for satisfactory sewage disposal for the land use intended as determined by the City Engineer and the Los Angeles County Health Department. 16.13.020 City Boundary Line to be Lot Line. No lot shall be divided by a City boundary line. Each such boundary line shall be made a lot line. January 2013 1 DRAFT • Title 16— Subdivisions (16.01-16.41) Page 18 • 16.13.030 Frontage for Lots. The alignment of streets shall be such as to provide frontage for lots in the division of land except as provided in Section 16.13.020 (City Boundary Line to be Lot Line). • 16.13.040 Minimum Frontage. Wherever practical, lot frontage at the right-of-way line shall be: A. Forty (40) feet or more, where a lot is oriented so that its side lot lines are radial or approximately radial to a turnaround or knuckle or to the convex side of a curved street centerline; and B. Equal to or greater than the average lot width, where a lot is not so oriented. 16.13.050 Lot Sideline Angle. In all cases where practicable, the side property lines of lots shall be at an approximate right angle to the street upon which such lots front. 16.13.060 Flag Lots. The Approving Authority may disapprove the platting of flag lots where this design is not justified by topographic conditions or the size and shape of the division of land, or where this design is in conflict with the pattern of neighborhood development. If flag lots are approved, the access strip for each lot shall be at least ten (10) feet in width where the strip is situated contiguous to other such access strips, so as to form a common driveway, and at least twenty (20) feet in width, where the strip is not situated contiguous to other such access strips, unless the City Engineer recommends the approval of lesser widths because of topographic conditions or the size and shape of a division of land. Each access strip shall be located so that, when improved as a driveway, the finished grade will not exceed fifteen (15) percent. The Approving Authority may require that easements for ingress and egress be provided over common driveways for the benefit of the lots served. Additional width may be required by the Fire Department January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 19 Chapter 16.17 Special Requirements SECTIONS: 16.17.010 Condominiums and Community Apartment Projects. 16.17.020 Mobilehome Divisions of Land. 16.17.030 Division of Land Adjacent to Existing Roads. 16.17.040 Transit and Non -motorized Access. 16.17.010 Condominiums and Community Apartment Projects. In a division consisting of a condominium project as defined in Section 1351 of the Civil Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code, maps of such subdivisions need not, but may, show the design of the buildings and manner in which the buildings or the airspace above the property shown on the map are to be divided. In all other respects, all of the provisions of the Code shall apply to such a subdivision. 16.17.020 Mobilehome Divisions of Land. A. The Approving Authority may approve a tentative map of a division of land which does not comply in all respects with the requirements of this chapter if: I. The Approving Authority finds: 0 a. The division of land is for mobilehome purposes only, b. The units of space proposed on the tentative map are for mobile homes and related facilities only and the development of a mobile home park on the property included within the division of land is in conformance with the Code; 2. On such tentative map and on the final map or parcel map, there appear, in letters no less than one-fourth inch in height, the words: "DIVISION OF LAND FOR MOBILEHOME PURPOSES ONLY." B. A person shall not use, lease, sell, mortgage, place a deed of trust or other lien upon a unit of space within a mobilehome division of land for any purpose other than a mobilehome and related facilities. C. Except that the units in a division of land for mobile home purposes need not comply with the provisions of Section 16.13.010 (Area and Width—Requirements Generally), this section does not modify in any way any requirements in the Code or any other ordinance or law as to area or width requirements. January 2013 1 DRAFT • Title 16— Subdivisions (16.01-16.4 1) Page 20 D. In a mobilehome land division, the owners of the units of space which are occupied by mobilehomes and which may also be occupied by accessory uses will hold an undivided interest in the common areas which will in turn provide the necessary access and utility easements for the units. A note to this effect shall be on the final map or parcel map. E. Title to the units and common areas in a mobilehome division of land and control and maintenance of the common areas shall be similar to those for condominiums as contained in the Civil Code. 16.17.030 Division of Land Adjacent to Existing Roads. A. If the Approving Authority finds that the proposed division of land abuts an existing road which has improvements insufficient for the general use of the lot owners and the division of land and local neighborhood and drainage needs, it may disapprove the design of the division unless the subdivider improves or agrees to improve such road to the same standards required of roads within all divisions of land by Chapter 16.07 (Design Standards). B. Where a subdivider proposes to connect to an existing dead-end or cul-de-sac street in which a turnaround has been installed, the Approving Authority may require the reconstruction of existing street improvements as a condition of such connection. If the • subdivider makes or agrees to make the required improvements, all of the provisions of the Code which apply to improvements and agreements to improve within a division of land shall apply. E 16.17.040 Transit and Non -Motorized Access. Developments shall incorporate and be designed to encourage access by public transit and non - motorized modes of travel (e.g., bicycle, pedestrian). This shall be accomplished by the incorporation of appropriate on-site bicycle and pedestrian amenities, in addition to convenient connections to the City's transit and non -motorized facilities. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 21 Chapter 16.19 Dedications SECTIONS: 16.19.010 Parcel Maps—Parties Having Record Title Interests. 16.19.020 Parcel Maps—Evidence of Title. 16.19.030 Easement Certificates. 16.19.040 Private Streets. 16.19.050 Streets Serving Minor Land Divisions—Two and One -Quarter (2 114) Acre Minimum Lot Size. 16.19.060 Minor Land Division and Parcel Map Requirements. 16.19.070 Sewer and Storm Drain Easements. 16.19.080 Drainage Facilities. 16.19.090 Natural Watercourses. 16.19.010 Parcel Maps—Parties Having Record Title Interests. The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the final parcel map. r� u 16.19.020 Parcel Maps—Evidence of Title. Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest • holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee and/or beneficiary and all easement holders. 16.19.030 Easement Certificates. A. Any map of a subdivision presented to the City with an offer of easements for public use shall have written thereon, in addition to or as part of any other certificate required, a certificate, signed by all parties whose signatures are required pursuant to Section 66436 of the Subdivision Map Act, in substantially one of the following forms: 1. "We hereby certify that except as shown on a copy of this map on file with the City Engineer, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easements." 2. "We hereby certify that we know of no easement or structure existing within the easements hereby offered for dedication to the public other than publicly owned water lines, sewers or storm drains; that we will grant no right or interest within the January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 22 • 0 • boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easement." B. The registered civil engineer or land surveyor who prepares the map shall notify the City Engineer that, as a result of his thorough research of records and a field inspection, there either are structures existing within the easements offered, or there are no structures existing within the easements offered. Form No. 1 above shall be used where there are structures, and Form No. 2 above shall be used where there are no structures. 16.19.040 Private Streets. Except as set out hereinafter, all parcels of land intended for public use in a division of land shown on the final map or final parcel map thereof, shall be offered for dedication for public use. However, with the approval of the Approving Authority, any road which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street; but in any such case, the final map or final parcel map shall contain a conditional offer of dedication, or the map may be accompanied by a conditional offer of dedication by separate instrument, either of which may be accepted by the Council. Any such private street shall be shown on such map by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries, as is required for a public street, and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by the Code for public streets, except where otherwise approved by the City Engineer and the Director. 16.19.050 Streets Serving Minor Land Divisions—Two and One -Quarter (2-1/4) Acre Minimum Lot Size. Streets other than service roads, which are intended to serve as a means of access to lots shown on a parcel map described by Section 16.21.060, (Parcel Maps—Five-Acre Minimum Lot Size Requirement), but which are not to be accepted for public use prior to the time the parcel map is filed with the County Recorder, shall be shown on the final parcel map as private and future streets. Service roads shall be shown as future streets. 16.19.060 Minor Land Division and Parcel Map Requirements. Dedications or offers of dedication of real property for streets, highways and other public ways; access rights and abutter's rights; drainage and public utility easements; building restriction rights; open space, and other public easements may be required for a minor land division or parcel map. 16.19.070 Sewer and Storm Drain Easements. If, in the opinion of the Approving Authority, either sewers or storm drains or both are necessary for the general use of lot owners in the division of land, and such sewers or storm drains or both are not to be installed in the streets of such division, then the subdivider shall show upon the maps and dedicate necessary easements for such sewers or storm drains or both. January 2013 1 DRAFT Title 16—Subdivisions (16.01-16.41) Page 23 16.19.080 Drainage Facilities. 40 If an artificial drainage facility is necessary for the general use of lot owners in the division of land and for adequate drainage needs, subdivider shall dedicate an adequate right-of-way for such drainage channel. 16.19.090 Natural Watercourses. In the event that a division of land or any part thereof is traversed by any watercourse, channel, stream or creek, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes if the Approving Authority determines such dedication is necessary. If the natural watercourse does not lie entirely within such dedication, the subdivider may either construct an adequate channel within such dedication or delineate the course of the watercourse upon the final map or final parcel map. • January 2013 1 DRAFT Title 16 —Subdivisions (16.01-16.41) Page 24 • Chapter 16.20 Covenants of Easement SECTIONS: 16.20.010 General. 16.20.020 Procedures. 16.20.030 Content of Covenant. 16.20.040 Release of Covenant—Procedure. 16.20.010 General. A. This chapter is adopted pursuant to Government Code Sections 65870 et seq. B. This chapter shall apply to all development projects approved by the City, its Council, Commission, voters, officers, and employees and acts independently from any other authority or method for the City to require an easement. The provisions of this chapter shall only apply when: 1. The covenant of easement is for: a. Parking; • b. Ingress, egress, or emergency access; C. Light and/or air access; d. Signage e. Landscaping; and/or f. Open space purposes. 2. At the time of recording the covenant of easement, all the real property benefited or burdened by said covenant is in common ownership. 16.20.020 Procedures. Whenever the Approving Authority determines, independently or based upon the recommendation of City staff, that a covenant of easement is needed for one or more of the purposes identified in Section 16.20.010, (General) the approval, permit, or designation shall not become effective unless or until said covenant of easement is recorded. A. Whenever a covenant of easement is required herein, the covenant shall either: • January 2013 � DRAFT Title 16 — Subdivisions (16.01-16.41) Page 25 1. Be in a form and manner approved by the City Attorney based upon the advice of the City Engineer and Director, executable by the City Engineer on behalf of the City; or 2. Be prepared by the City Attorney, executable by the City Engineer on behalf of the City. Whenever the City Attorney prepares a covenant of easement, the City shall be entitled to reimbursement from the applicant for the costs associated therewith. 16.20.030 Content of Covenant. Any covenant of easement prepared pursuant to this chapter shall contain, at a minimum, the following elements: A. Identification of the owner and/or owners of the real property to be burdened, including a statement that both the burdened and benefited parcels are under common ownership; B. A consent to said covenant of easement and the recording thereof by the record owner and/or owners to the covenant; C. Identification of the real property to be benefited and to be burdened by said covenant including a legal description of the same; D. A statement that said covenant shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, including • an express statement that said easement and covenant of easement shall not merge into any other interest in real property pursuant to California Government Code Section 65871(b); E. State that said covenant of easement shall run with the land, be binding upon all successors in interest to the burdened real property, inure to all successors in interest to the real property benefited, and shall be subject to California Civil Code Section 1104; F. Identify the approval, permit, or designation granted which required the covenant; G. A statement identifying the Code section, which sets forth the procedure for release of the covenant; H. Identification of the City as a third party beneficiary; 1. Provisions concerning maintenance and the scope of use of the easement; and J. An appropriate section for execution of said covenant of easement by the record owner or owners of the subject real property. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 26 ® 16.20.040 Release of Covenant—Procedure. Any person may request that the City make a determination as to whether or not the restriction imposed by the covenant of easement is still necessary to achieve the City's land use goals. The determination of the need for the covenant of easement shall be made by the Approving Authority that took final action on the original application. A person shall be entitled to only one such determination in any twelve (12) month period as indicated below: A. To obtain a determination mentioned above, a "request for determination" application shall be made and filed with the City Clerk. Said application shall include a fee as set by resolution of the Council. B. Upon receipt of a completed application, the City Clerk shall set the matter for public hearing before the Approving Authority and cause notice thereof to be given pursuant to Government Code Section 65090, and a copy of the notice shall be mailed to the record property owner or owners as shown on the Tax Assessor's latest equalized roll if other than the applicant and to all record property owners within one thousand (1,000) feet of the property. C. At the conclusion of the public hearing, the Approving Authority shall determine and make a finding, based upon substantial evidence in the record, whether or not the restriction imposed by the covenant of easement is still necessary to achieve the land use goals of the ® City. If the Approving Authority determines that the covenant for easement is still required, the Approving Authority, shall by resolution determine that the need still exists. • D. If the Approving Authority finds that the covenant of easement is no longer necessary, the Approving Authority shall by resolution make the determination and finding and direct the City Attorney to prepare a release thereof and transmit the same to the City Clerk for recording. E. Commission action on the continuing need for the covenant of easement is subject to appeal in accordance with Chapter 17.07 (Appeals and Certification of Review). F. The Council's determination in subsections (C) and (D) of this section shall be final and conclusive. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 27 Chapter 16.21 Subdivision Improvements SECTIONS: 16.21.010 Requirements Generally. 16.21.020 Agreement to Guarantee Completion—Required. 16.21.030 Installation and Construction Costs. 16.21.040 Lot Sizes in Excess of Ten (10) Acres—Requirements. 16.21.050 Minor Land Divisions—Requirements. 16.21.060 Parcel Maps—Five-Acre Minimum Lot Size Requirement. 16.21.070 Road Improvements. 16.21.080 Paving for Access Strips. 16.21.090 Improvements Other Than Highways and Street Lights. 16.21.100 Water Mains, Appurtenances and Fire Hydrants. 16.21.110 Supplemental Sewer or Drainage Improvements. 16.21.120 Fences for Watercourses or Drainage Facilities. 16.21.130 Street Lighting—Required. 16.21.140 Street Lighting Requirement Exception. 16.21.150 Street Tree Planting. 16.21.160 Planting Strips. 16.21.170 Sidewalks—Required. 16.21.180 Sidewalks—Not Required. 16.21.190 Communication Systems 16.21.010 Requirements Generally. A. The subdivider shall improve, or agree to improve, all land dedicated or to be dedicated on a final map or parcel map, or by separate instrument, for roads and easements and all private roads and private easements laid out on a final map or parcel map, with those improvements, including sanitary sewers, needed for the general use of the lot owners in the division of land, and for neighborhood traffic and drainage. B. This section does not require: 1. Improvements to flood -control channels, which improvements are not solely for the benefit of the divisions of land; 2. Improvements to freeways; 3. Improvements excepted by the provisions of Section 16.21.080 (Paving for Access Strips). January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 28 is • • 16.21.020 Agreement to Guarantee Completion—Required. A. If any improvements be not completed to the satisfaction of the City Engineer, Director of Parks, Recreation and Community Services and/or Director before the final map is filed, the subdivider shall, prior to the approval by the Council of the final map, enter as contractor into an agreement with the City whereby, in consideration of the acceptance by the Council of any dedication offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement. B. If any improvements are not completed to the satisfaction of the City Engineer, the Director of Parks, Recreation and Community Services or the Director before the final parcel map is filed with the County Recorder, the subdivider shall, prior to the approval by the Approving Authority of the final parcel map, enter as a contractor into an agreement with the City whereby, in consideration of the acceptance by the City of any dedications offered by the subdivider and the approval of the final parcel map by the Approving Authority, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement 16.21.030 Installation and Construction Costs. A. The cost of installing pipes and other facilities for the transmission of water may be paid for in whole or in part from revenues collected from the customers served at regular established water rates for the water utility pursuant to regulations of the Public Utilities Commission where applicable, or by a public agency, as defined in Section 4401 of the California Government Code, from the net operating income only, as payment for the sale of water thereto. B. The subdivider may be reimbursed for a portion of their costs as provided in Sections 66486 and 66487 of the Subdivision Map Act, or other reimbursement enabling acts. C. Except for assessments authorized after tentative map approval for the financing and completion of improvements required of the subdivider, all outstanding or remaining assessments on the land of the subdivision established for improvements contracted under special assessment district proceedings shall be paid by the subdivider. 16.21.040 Lot Sizes in Excess of Ten (I0) Acres—Requirements. A. Where each parcel resulting from a division of land has a minimum gross area of ten (10) acres and the entire division of land is zoned Non -Urban 4 (NU4), Non -Urban 3 (NU3), Non -Urban 2 (NU2) , Non -Urban l (NUI), Open Space (OS) or Open Space -Agriculture (OS -A), by the Code, streets or highways which traverse sloping terrain shall be graded in accordance with engineering plans approved by the City Engineer, unless all lots abutting January 2013 1 DRAFT Title 16– Subdivisions (16.01-16.4 1) Page 29 any such street or highway are within an area zoned to have a required area of ten (10) acres • or more by the Code. No other improvements shall be required. B. Where each parcel resulting from a division of land has a minimum gross area of twenty (20) acres no improvements shall be required in any land use zone. C. As used in this section, the term "improvements" does not refer to required monuments. The provisions of this section shall apply notwithstanding the provisions of any other section. 16.21.050 Minor Land Divisions—Requirements. Improvements shall not be required as a condition precedent to filing a parcel map on a minor land division where the Approving Authority finds that the existing systems and improvements adequately serve adjacent developed parcels, unless such improvements are necessary for the development of parcels within the division of land or are necessary to be consistent with the General Plan. 16.21.060 Parcel Maps—Five-Acre Minimum Lot Size Requirement. A. Except as otherwise provided in this section and Section 16.21.100 (Water Mains, Appurtenances and Fire Hydrant), no improvements shall be required when each parcel resulting from a division of land has a minimum gross area of five (5) acres or more and are within a Non -Urban or Open Space zone. B. As used in this section, the term "improvement' does not refer to required monuments. C. On parcel maps of five (5) acre lot size or more, this note shall be placed: "Further division of this property to lot sizes below five (5) acres will require standard improvements be completed as a condition of approval. The improvements will include, but not be limited to, providing access, installation of water mains, appurtenances and fire hydrants, and conformance to City development standards." 16.21.070 Road Improvements. A. All road improvements, including drainage structures incidental thereto and including two (2) foot cement concrete gutters wherever cement concrete curb is required, shall be installed to a grade approved by the City Engineer. Plans, profiles and specifications for such improvements shall be furnished to the City Engineer no later than the time of submitting the final or final parcel map to the City Engineer for checking, and such plans, profiles and specifications shall be subject to the approval of the City Engineer before any such map shall be approved or certified. Such plans, profiles and improvements shall be in accordance with the standards of the City, as adopted by the Council. January 2013 1 DRAFT Title 16 – Subdivisions (16.01-16.41) Page 30 • • • 1. The developer is responsible for refurbishing the half section of pavement along the frontage of the development to the satisfaction of the City Engineer. 2. The developer is responsible for all street improvements along the project frontage with transitions built beyond the project site. B. Where all lots in the division of land contain a net area of not less than twenty thousand (20,000) square feet or in an area allowed for by a Special Standards District, the rural street section, inverted shoulder, may be used in lieu of concrete curbs and gutters; provided, that curbs and. gutters are not necessary for drainage purposes or to maintain an existing neighborhood pattern. C. In all locations required by the City Engineer, bus stops shall be installed which shall include bus turnouts, bus shelter/benches, trash receptacles and signage to the satisfaction of the City Engineer. The right-of-way necessary to contain such improvements shall be dedicated by the developer. D. Developer shall pay street maintenance fees to cover the cost of one-time slurry seal of all pavements constructed as public streets within the development. E. Subject to the approval of the City Engineer, the developer shall install enhanced pedestrian crossing treatments adjacent to schools, parks, and facilities frequented by children, senior citizens and/or disabled persons. These treatments may include, but not be limited to, raised crosswalks, curb extensions, passive pedestrian detection systems, grade separated pedestrian crossings and in -pavement crosswalk lights. At the discretion of the City, in lieu of providing said improvements, the developer shall pay a fee equal to the City's cost of constructing the improvements. 16.21.080 Paving for Access Strips. A. The Approving Authority may require that single -access strips for a flag lot be paved to a width of fifteen (15) feet or to full width, whichever is less, and that multiple -access strips be paved to a total width of twenty-six (26) feet or to the full combined width of the access strips, whichever is less, with asphaltic concrete or portland cement concrete. The Fire Department may require additional width beyond that indicated above. B. Such surfacing shall be installed in accordance with the specifications for driveway paving within the Code. 16.21.090 Improvements Other Than Highways and Street Lights. In the event that fences, walls, water mains, sanitary sewers, other means of sewage disposal or storm drains (other than structures incidental to road improvements) are installed or are to be installed as part of the improvement of a division of land, plans, profiles, specifications and all necessary details of the proposed construction shall be submitted to the City Engineer no later than January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 31 the time of submitting the final map or final parcel map for checking, and shall be subject to final approval by the City Engineer before such final map shall be transmitted to the Council for • approval, or before the final parcel map shall be transmitted for filing with the County Recorder. Such plans, profiles and specifications shall show full details of the proposed improvement, which shall conform to the standards of the City. Plans for sanitary sewers shall comply with the Sanitary Sewer and Industrial Waste Ordinance. Plans for other methods of sewage disposal shall comply with the City Plumbing Code, Title 20 of the Municipal Code. Plans for water mains and fire hydrants shall comply with the Municipal Code. 16.21.100 Water Mains, Appurtenances and Fire Hydrants. A. The subdivider shall install, or agree to install, water mains, and fire hydrants adequate for the domestic demand and general use of the lot owners and for fire protection to the division of land with a gross area of five (5) acres, and the area is within a Non -Urban or Open Space zone. B. The water mains, appurtenances and fire hydrants required by this section shall comply in all respects with all statutes, ordinances, rules, and regulations applicable at the time of installation. Such water mains, appurtenances, and fire hydrants also shall be designed and constructed to deliver the fire flow and domestic water demands as determined by the Fire Department pursuant to the specifications of service, design and construction set out and in conformance with the Utilities Code and Water System Requirements. C. On all final and final parcel maps of five (5) acre lot size or more, the following note shall • be placed: "Further division of this property to lot sizes below five (5) acres will require that standard improvements be completed as a condition of approval. The improvements will include but not be limited to providing access, installation of water mains, appurtenances and fire hydrants, and conformance to standard City development standards." 16.21.110 Supplemental Sewer or Drainage Improvements. Sanitary sewer or drainage improvements installed by the subdivider for the benefit of the division of land may be required to contain supplemental size, capacity, length, depth or number, or to be altered in location, for the benefit of property not within the division of land in order to facilitate the orderly development of the surrounding area in a manner consistent with the policies of the General Plan. Such improvements shall be dedicated to the public. The Council shall enter into an agreement to provide for the payment of reimbursement to the subdivider and the collection of charges from the property benefited by the supplemental improvements, in conformance with applicable state laws. 16.21.120 Fences for Watercourses or Drainage Facilities. If, by reason of the location, shape, slopes, width, depth, velocity of water therein, or other characteristics of a watercourse or drainage facility on a dedicated easement, the proposed development of the division of land makes necessary the fencing of such watercourse or drainage January 2013 1 DRAFT • Title 16 — Subdivisions (16.01-16.41) Page 32 • facility, and the Approving Authority so finds, the subdivider shall improve such watercourse or drainage facility with a wrought iron or tubular steel fence or equal, not less than five (5) feet high. Such fence shall be provided with an adequate number of gates to permit access for cleaning and maintenance. There shall be no apertures below the fence large enough to permit a child to crawl under such fence. If any portion of the channel of such watercourse or drainage facility constitutes any portion of the boundary of the division of land, the subdivider shall fence the side of such portion which is within the division of land. All other portions within the division of land shall be fenced on both sides of such watercourse or drainage facility. • 16.21.130 Street Lighting—Required. The subdivider shall provide a street lighting system in each division of land. Plans for street lights shall be submitted accordance with the Municipal Code. 16.21.140 Street Lighting Requirement Exception. The requirement for street lighting systems may be waived if the Approving Authority finds that street lights will not be in keeping with the neighborhood pattern, is located in a Special Standards District that with street lighting requirements or all lots in the division of land contain a net area of not less than forty thousand (40,000) square feet and street lights are not necessary to serve such lots so as to maintain the continuity of an established neighborhood street lighting pattern. 16.21.150 Street Tree Planting. Except as otherwise provided in this section, a subdivider shall plant trees along the frontage of all lots shown on a final map or final parcel map. The number, species, and location of such trees shall be as specified by the City Engineer. Tree planting is not required unless it is determined to be in the public interest: A. Along a segment of a street or highway to which the right of direct access from abutting lots has been relinquished; and B. Along streets and highways which are not improved with curbs and would cause a traffic safety issue. 16.21.160 Planting Strips. The Director shall advise subdividers and their successors in interest in the selection and care of trees, ground cover, or shrubs to be planted in any required planting strip reservation on private property. 16.21.170 Sidewalks—Required. Except as otherwise provided in the Code, the subdivider shall install sidewalks not less than five (5) feet wide: January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 33 A. On both sides of entrance and collector streets within the division of land; B. On both sides of loop, interior and cul-de-sac streets; C. Along one side of service roads adjacent to abutting lots; D. Along highways shown on the General Plan Circulation Map Joint Highway Plan where no service road is provided, and lots in the division of land take direct access to the highway; and C� E. Along highways shown on the General Plan Circulation Map Joint Highway Plan where necessary in order to provide for the safety and convenience of pedestrians. 16.21.180 Sidewalks—Not Required. The construction of sidewalks is not required where any one or more of the following conditions exist and the Approving Authority so finds: A. The construction of sidewalks would be impractical because of topographical conditions or because of other physical obstacles; B. Sidewalks will not be in keeping with the neighborhood pattern; C. Sidewalks are not needed in, and will not benefit the area; or, D. Is located in a Special Standards District that allows the installation of sidewalks to be waived. 16.21.190 Communication Systems Pursuant to Government Code Section 66473.3, the Approving Authority may require the subdivider to provide infrastructure for appropriate cable television systems and communication systems including, but not limited to, television, telephone and intemet services. January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 34 r1 U E • Chapter 16.23 Fees, Bonds and Deposits SECTIONS: 16.23.010 Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents. 16.23.020 Plan Check and Inspection Fees—Payment of Deficiencies. 16.23.030 Improvement Agreement—Faithful Performance Bond Requirements. 16.23.040 Water Main Installation—Exemptions to Bond Requirements. 16.23.050 Improvement Agreement—Amounts. 16.23.060 Companies Authorized to Furnish Bonds—Conditions. 16.23.070 Security for Deferred Setting of Monuments. 16.23.080 Special Assessment Security. 16.23.090 Alternatives to Faithful Performance Bond Described—Procedures. 16.23.100 Reduction in Bond or Deposit on Portion of Work Completed. 16.23.110 Forfeiture on Failure to Complete. 16.23.010 Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents. Before commencing any improvement or recordation of a final or final parcel map, the subdivider shall deposit: • A. With the City Engineer, the sum required by the Code and the Municipal Code for all street lights or street light systems to be installed; B. With the City Engineer, the sum required by the Municipal Code, for all sewers and other improvements described in that division, to be constructed or installed; C. With City Engineer, a sum estimated by the City Engineer to cover actual cost of plan check and inspection of all improvements under their jurisdiction other than the improvements referred to in subsection (B) of this section and a sum estimated by the City Engineer to cover the actual cost of reviewing documents for the issuance of a final clearance for compliance with tentative map conditions under their jurisdiction. This section shall not affect the requirement for deposits or fees as may be prescribed in any other ordinance. This subsection applies to all tract maps, parcel maps, waivers or certificates of compliance processed by the City Engineer, whether the property is within the limits of an incorporated city or not; D. With the City Engineer, a sum estimated by the City Engineer, including drainage structures incidental thereto. • January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 35 16.23.020 Plan Check and Inspection Fees—Payment of Deficiencies. A. If any deposit made pursuant to Section 16.23.010 (Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents) is less than sufficient to pay all of the costs of plan checking or inspection, the subdivider, upon demand of the City Engineer, shall pay to the officer making the demand an amount equal to the deficiency. The fee shall be in accordance with the City's current fee schedule established by Council resolution. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered incomplete. B. All reviews by the City Engineer shall become invalid if more than 365 calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the City Engineer. 16.23.030 Improvement Agreement—Faithful Performance Bond Requirements. The agreement referred to in Chapter 16.21 (Subdivision Improvements) shall be accompanied by a faithful performance bond guaranteeing the performance of all work, the inspection of which is the duty of the City Engineer, in a sum which, in the opinion of the City Engineer equals the costs thereof, except for monumentation work, the agreement shall be accompanied by cash, or other surety as determined by the City Engineer, guaranteeing the faithful performance of the work. In the case of monumentation, the agreement shall be accompanied by cash guaranteeing the faithful • performance of work. 16.23.040 Water Main Installation—Exemptions to Bond Requirements. If the subdivider shows to the satisfaction of the City Engineer that he has entered into a contract with a water utility, as defined in the Water Ordinance set out in this code, to construct water mains as required by the Municipal Code, which contract makes the City a party thereto and provides that such contract may not be modified or rescinded without the consent of the City, except as required by the Public Utilities Commission, and has deposited with such water utility security for the payment of such water utility which the City Engineer finds adequate, the subdivider need not accompany his agreement to install such water mains with a faithful performance bond or a labor and materials bond. The City Engineer is hereby authorized to execute said contract on behalf of the City. 16.23.050 Improvement Agreement—Amounts. Improvement security shall be for the following amounts unless otherwise stated in the Code: A. An amount estimated by the City to be equal to the cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work, plus an amount equal to the cost of inspecting the improvement work; plus an amount estimated by the City to be necessary for the guarantee and warranty of the work for a period of one year January 2013 1 DRAFT Title 16—Subdivisions (16.01-16.41) Page 36 • following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. B. An amount estimated by the City to be equal to fifty (50) percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them. 16.23.060 Companies Authorized to Furnish Bonds—Conditions. All tax bonds furnished under authority of the Subdivision Map Act, and all faithful performance bonds referred to in this chapter shall be: A. Furnished by a surety company authorized to write the same in the State of California; and B. Subject to the approval and acceptance by the City Clerk and City Engineer. 16.23.070 Security for Deferred Setting of Monuments. The agreement referred to in Section 16.05.070 (Inspection and Approval of Monuments) shall be accompanied by cash in a sum which, in the opinion of the City Engineer, equals the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every respect complying with such agreement. A labor and materials • security shall not be required. 16.23.080 Special Assessment Security. The security required for unpaid special assessments by Section 66493(c) of the Subdivision Map Act shall be money, negotiable bonds, savings and loan shares or instruments of credit, and shall comply with Section 16.23.050 (Improvement Agreement—Amounts). 16.23.090 Alternatives to Faithful Performance Bond Described—Procedures. In lieu of any faithful performance bond required by this chapter and/or security as required by Sections 16.23.070 (Security for Deferred Setting of Monuments) and 16.23.080 (Special Assessment Security), the subdivider may deposit with the City Engineer, Director of Parks, Recreation and Community Services, or the Director, on behalf of the Council, a sum of money or negotiable bonds, or savings and loan certificates or shares equal to the required amount of the improvement security for the faithful performance thereof. If the subdivider deposits saving and loan certificates or shares, he also shall assign such certificates and shares to the City, and such deposit and assignment shall be subject to all of the provisions and conditions of this Code. Instruments of credit, pursuant to Section 66499(a)(3) of the Subdivision Map Act, may also be furnished in lieu of any faithful performance security required by this chapter. • January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 37 16.23.100 Reduction in Bond or Deposit on Portion of Work Completed. • A. When any portion of an improvement has actually been fully completed, the City Engineer, Director of Parks, Recreation and Community Services or the Director, whose duty it is to inspect such improvement may, in their discretion, authorize from time to time a reduction in the bonds or instruments of credit, or a partial withdrawal of funds, or a partial reassignment and withdrawal of savings and loan certificates or shares, which bonds, instruments of credit, funds, certificates, or shares were deposited in lieu of a faithful performance bond required by this chapter, equal to the estimated cost of such completed portion. B. This section does not authorize a reduction or withdrawal for partial completion of any or all of such improvement. 16.23.1 l0 Forfeiture on Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the City Engineer, the Director of Parks, Recreation and Community Services, or the Director, may, upon notice in writing of not less than ten (10) days, served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than twenty (20) days served by certified mail addressed to the last known address of the person, firm or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted, and may cause to be forfeited to the City such portion of said sum of money or bonds given for the faithful performance of said work, or may cash any savings and loan certificates or shares deposited and • assigned to assure faithful performance of said work in such amount as may be necessary to complete such improvement work. The City Attorney shall take legal action required for the enforcement of subdivision improvement agreements when requested to do so by the City Engineer, the Director of Parks, Recreation and Community Services, or the Director. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 38 • Chapter 16.25 Tentative Tract and Parcel Maps SECTIONS: 16.25.010 Processing. 16.25.020 Submission for Approval Required. 16.25.030 Fees Required. 16.25.040 Contents and Submittal Requirements. 16.25.050 Map Number. 16.25.060 Identity of Subdivider. 16.25.070 Fees for Notice to Tenants for Public Hearing on Condominium Conversion. 16.25.080 Revised Tentative Map Fee. 16.25.090 Access to Property. 16.25.100 Distribution of Copies. 16.25.110 Authority of the Planning Commission. 16.25.120 Rejection Where Use Prohibited. 16.25.130 Duration of Approval—Extensions. 16.25.010 Processing. A tentative map shall be filed and processed as outlined in Division 17.00 (General Procedures) and Division 17.20 (Applications) of this Code and as specified by Council resolution. • 16.25.020 Submission for Approval Required. A tentative map shall be submitted to the Planning Division and approved in accordance with the provisions of the Subdivision Map Act and the Code prior to the submittal of a final map, final parcel map or reversion to acreage for approval. 16.25.030 Fees Required. The filing fees shall be paid shall be in accordance with the City's current fee schedule established by the Council resolution. 16.25.040 Contents and Submittal Requirements. The subdivider shall provide the information and documents required by City resolution as well as the following: A. Approximate location of all areas subject to flooding and the location and directions of flow of all watercourses. B. A soil or geologic report when required by the City Engineer. • January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.41) Page 39 C. A relocation impact report, which contains the information required pursuant to Government Code Section 66427.4 and Municipal Code Section 6.04.030 (Relocation • Impact Report), if the tentative map or parcel map involves the subdivision of a manufactured home park or mobilehome park. 16.25.050 Map Number. The Los Angeles County Department of Public Works shall assign map numbers for tentative, final and parcel maps. Before submitting a map, the project engineer or surveyor shall obtain a number from the County Engineer. 16.25.060 Identity of Subdivider. When a tentative map is submitted, the City may require the subdivider to show the following: A. The applicant is the owner of the property shown on the proposed subdivision map. B. That the applicant has an option or contract to purchase the property or the portion which they do not own. C. That they are the authorized agent of one who meets the requirements of subsection (A) or (B) of this section. 16.25.070 Fees for Notice to Tenants for Public Hearing on Condominium Conversion. • The notification fees shall be paid pursuant to Government Code Section 66451.3 as required by City ordinance, resolution, and Division 17.00 (General Procedures). 16.25.080 Revised Tentative Map Fee. The revised map fees shall be paid beginning with each revision as required by Council resolution. 16.25.090 Access to Property. The Approving Authority may require as a condition of approval of a tentative map that the subdivider produce evidence that the property as divided will have access to a public street or highway. 16.25.100 Distribution of Copies. Upon the submittal of a tentative map, the appropriate number of copies and all other submittal requirements, the Director shall distribute copies of the map to all other agencies and City departments having an interest in the proposed division of land. 16.25.110 Authority of the Planning Commission. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 40 The Commission is authorized to approve, conditionally approve, or disapprove tentative maps and to exercise the responsibilities as specified by Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act. When tentative maps are part of an action that requires Council action, the Council shall be the Approving Authority. When the proposed tentative map or final parcel map involves the subdivision of a manufactured home park or mobilehome park, the Commission is not authorized to approve any tentative maps until the subdivider has obtained a tentative permit pursuant to Municipal Code Chapter 6.04 (Manufactured Home Parks — Change of Use). Further, the Approving Authority shall condition its approval of such a tentative map or parcel map on the granting of a final permit being granted to the park owner pursuant to Section 6.04.120 (Appeal from Imposition of Conditions for Change of Use). 16.25.120 Rejection Where Use Prohibited. The Approving Authority may reject a tentative map if the only practical use which can be made of the property as proposed to be divided is a use prohibited by any ordinance, statute, law or other valid regulation. 16.25.130 Duration of Approval. The approval of a tentative map shall be effective for a period as indicated in Section 17.06.230 (Time Limits and Extensions). • ® January 2013 1 DRAFT Title 16—Subdivisions (16.01-16.41) Page 41 Chapter 16.27 Vesting Tentative Maps SECTIONS: 16.27.010 Application. 16.27.020 Processing. 16.27.030 Fees Required. 16.27.040 Additional Contents. 16.27.050 Expiration. 16.27.060 Vesting on Approval of Vesting Tentative Map. 16.27.010 Application. When a provision of the Code requires the filing of a tentative tract or parcel map; the subdivider may instead file a vesting tentative map in accordance with these provisions. The filing of a vesting tentative map is at the exclusive option of the subdivider and shall not be a prerequisite to any proposed subdivision or an application for development. 16.27.020 Processing. A vesting tentative map shall be filed in the same form, possess the same contents and be processed in the same manner as a tentative tract or parcel map whichever is applicable, including, but not limited to, criteria for rejection, dedications, and the imposition of conditions, except as hereinafter provided. 16.27.030 Fees Required. The filing fees shall be in accordance with the City's current fee schedule established by Council resolution. 16.27.040 Additional Contents. At the time a vesting tentative map is filed, it shall contain on its face in a conspicuous manner the words "Vesting Tentative Map." The subdivider shall provide the information and documents required by the City. 16.27.050 Expiration. An approved or conditionally approved vesting tentative map for a tract shall be effective for the periods of time as specified for tentative maps. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 42 is is 16.27.060 Vesting on Approval of Vesting Tentative Map. A. The approval or conditional approval of a vesting tentative map by the Approving Authority shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code. B. Notwithstanding the above provisions, a permit, approval, extension and/or entitlement may be made conditioned or denied if any of the following are determined by the Approving Authority: Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety; or 2. The condition or denial is required in order to comply with the mandates of either state or federal law. C. The vested rights created herein by the approval or conditional approval of a vesting tentative map shall lapse, expire and be of no force and effect if the final map, final parcel map, or grant of waiver is not approved by the Council or other entity authorized to grant approval prior to the time limits set forth. If a final map, final parcel map, or grant of waiver • is approved in compliance with said section, these vested rights shall be effective for an initial period of not to exceed one year thereafter. Prior to the expiration of the initial one- year period, the subdivider may apply for an additional one-year extension of the period of the vested right to the Director. D. Where several final maps, final parcel maps, or grants of waiver are recorded on various phases of a development project covered by a single vesting tentative map, the aforesaid one-year time period shall run for each phase when the final map, final parcel map, or grant of waiver for that phase is recorded. The subdivider may file for a one-year extension as provided for in subsection (C) of this section. E. Where a complete application for a building permit is submitted by the subdivider within the time periods set forth above, the vested rights conferred by this chapter shall continue in full force and effect until the expiration of that permit, or any valid extension of the permit which may be granted by the Director. F. The precise amount of fees required to be paid as a condition precedent to recording a map and/or completing a development shall be the amount in effect at the time of payment of fees. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 43 Chapter 16.29 Final Maps and Final Parcel Maps SECTIONS: 16.29.010 Separated Parcels—Restrictions. 16.29.020 Evidence of Title. 16.29.030 Matters Required for Submittal. 16.29.040 Street Improvement Plan Checking Fees. 16.29.050 Final Parcel Map Processing Fees. 16.29.060 Tract Map Processing Fees. 16.29.070 City Engineer Action. 16.29.010 Separated Parcels—Restrictions. E No parcel of land shall be created on any single map when such parcel is separated or divided into two (2) or more parcels or portions by any parcel of land other than a street, alley, railroad right-of- way, and when such land is so separated, each parcel or portion thereof, if divided, shall be divided as a separate parcel and shown on a separate map. 16.29.020 Evidence of Title. The evidence of title required by Section 66465 of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of� California to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on any such final map of land in City, the said certificate of title or policy of title insurance shall be issued for the benefit and protection of the City. Such certificate or policy shall be dated and delivered upon request of the City Engineer when such final map is ready for recordation. 16.29.030 Matters Required for Submittal. At the time of submittal of the final tract map or parcel map, or prints thereof, the following matters shall be submitted to the City Engineer as an aid in the processing of the final maps: A. Complete copies of all deeds referenced on the map or required for the interpretation of deeds referenced on the map; B. Complete copies of all field -book pages referenced on the map; C. Complete copies of all other documents and information referenced on the map; January 2013 1 DRAFT Title 16 – Subdivisions (16.01-16.41) Page 44 D. Mathematical traverses, in a form acceptable to the City Engineer, of the boundary of the division of land, block boundaries, not -a -part areas, centerline loops and each lot or parcel shown on the map; E. A print of the most recent Assessor Map Book page or pages covering the proposed division of land; F. Complete copy of final map in digital format as designated by the City Engineer. 16.29.040 Street Improvement Plan Checking Fees. A. Where the City Engineer is required to check street improvement plans for a parcel or tract map under the provisions of the Subdivision Map Act, the subdivider shall pay a plan check fee to the City Engineer in addition to all other fees and charges required by law. These fees, payable upon submission or resubmission of the plans for checking by the City Engineer, shall be based on estimated construction costs and number of resubmittals, and are based on the fee schedule as approved by the Council. B. All reviews by the City Engineer shall become invalid if more than 365 calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the City Engineer. • 16.29.050 Final Parcel Map Processing Fees. A. Where the City Engineer processes a final parcel map, waiver, or certificate of compliance under the provisions of the Subdivision Map Act, the subdivider shall pay a processing fee to the City Engineer in addition to all other fees and charges required by law. This fee, payable upon submission of the final parcel map, waiver, or certificate of compliance or a print thereof, for review by the City Engineer or determination of compliance with the Section 66492 of the Subdivision Map Act by the City, shall be the total of the following application fees based on the current fee schedule established by Council resolution: 1. An analysis fee based on the number of parcels; 2. An easement checking fee where easements other than those of the local agency are delineated on the final map; 3. A monument inspection fee; 4. A fee for verification that the final parcel map, waiver, or certificate of compliance is consistent with, and is in compliance with the requirements of the conditions of tentative approval; 5. A fee shall be paid for the processing of each improvement shown on an agreement • and/or improvement security, other than security for payment of taxes; a fee for the January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 45 processing of each request for an extension of time in which to complete the work® required under an agreement or agreements per City ordinance and/or resolution; 6. A fee shall be paid for processing documents if dedications or offers of dedication are made by separate instrument in conjunction with a certificate of compliance processed under the provisions of Chapter 16.35 (Certificates of Compliance — Notices of Violation). B. If dedications or offers of dedication are made by separate instrument in conjunction with a final parcel map, or grant of waiver and certificate of compliance, the subdivider shall reimburse the City Engineer for the cost of preparing or checking the separate instruments. C. All reviews by the City Engineer shall become null and void if more than 365 calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the City Engineer. 16.29.060 Tract Map Processing Fees. A. Where the City Engineer processes a tract map under the provisions of the Subdivision Map Act, the subdivider shall pay a map processing fee to the City Engineer in addition to all other fees and charges required by law. This fee, payable upon submission of the final tract map, or a print thereof, for review by the City Engineer or determination of compliance with Section 66492 of the Subdivision Map Act by the City, shall be the total of the following applicable fees: An analysis fee based on the number of lots; An easement checking fee where easements other than those of the local agency are delineated on the final tract map; A monument inspection fee; 4. A fee for verification that the final map is consistent with, and is in compliance with the requirements of the conditions of tentative approval; A fee shall be paid for the processing of each improvement shown on an agreement and/or improvement security, other than security for payment of taxes; a fee shall be paid for the processing of each request for an extension of time in which to complete the work required under an agreement or agreements; B. If dedications or offers of dedication are made by separate instrument, the subdivider shall reimburse the City Engineer for the cost of preparing the separate instruments. January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.41) Page 46 is • C. All reviews by the City Engineer shall become null and void if more than 365 calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the City Engineer. 16.29.070 City Engineer Action. A. Upon acceptance of the final map and accompanying documents, fees and materials for filing, the City Engineer shall cause the same to be examined and, if found to be in substantial conformity with the approved tentative map and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of these regulations, planned streets and other applicable specific plans and ordinances, shall execute the City Engineer's certificate on the map, and shall file said map and accompanying materials with the City Clerk. No final map shall be certified or filed with the City Clerk until the required improvements have been installed or agreed to be installed in accordance with Chapter 16.21 (Subdivision Improvements). Where the City Engineer determines that the final map is not in substantial conformity with the approved tentative map, no final map shall be approved. The subdivider shall either revise the final map such that it is in substantial conformity; or file a new tentative map application; or file an application to modify the tentative map. B. Should the map or other accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised, in writing, of the • changes or additions that must be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the City Engineer, does not materially affect the validity of the map, the City Engineer may waive the defect and execute the certificate of approval. • C. The City Engineer need not approve a final map which is substantially similar to the approved tentative map if, in their opinion, circumstances concerning the design and improvement of the subdivision, as they relate to the public health, safety and welfare, have changed since approval of the tentative map, and such changed circumstances warrant reconsideration thereof by the advisory agency. In such instance, the City Engineer shall return the map to the advisory agency for further consideration. D. The City Engineer shall approve all final maps which include only irrevocable offers of dedication or no dedications or easements. The Council shall approve all other final maps. Both the City Engineer and Council shall act upon final maps within the time period prescribed by the Subdivision Map Act (Sections 66442(b) and 66458 for final maps, and Sections 66450(c) and 66463(c) for parcel maps). For any final maps subject to City Engineer approval, the City Engineer shall: a. Notify the Council at its next available regular meeting that the City Engineer is reviewing the map for final approval; and January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 47 b. Approve or disapprove the final map within ten (10) days of the above • meeting. 2. The City Clerk shall include with the agenda for the meeting described in subsection (D)(1)(a) of this section, as well as post with such agenda, notice of the pending review of such final map by the City Engineer, and shall mail copies of such notice to any interested parties who request notice. 3. The City Engineer's action on a final map may be appealed to the Council, pursuant to Section 2.04. 100 (Council) et seq. 4. The Council shall periodically review the designation of approval authority to the City Engineer. 5. Any final map that is approved but not recorded within twelve (12) months of the date of such approval or by such date as established by the Director, shall be null and void and such final map, and any associated tentative map, shall be of no further force and effect, unless such tentative map has not expired by the expiration date, in which case the tentative map shall still be valid for the remainder of its approved term. E. The Council or City Engineer shall act to either accept, modify or reject all subdivision improvements. • January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 48 Chapter 16.31 Mapping Specifications SECTIONS: 16.31.010 Title Sheet Contents. 16.31.020 Reversion to Acreage Title Sheet Information. 16.31.030 Evidence Determining Boundaries. 16.31.040 Orientation of Map and Map Sheets. 16.31.050 Title, Scale, North Point, Number and Cross References. 16.31.055 Additional Information. 16.31.060 Block Designation. 16.31.070 Lot Numbers. 16.31.080 Bearings and Lengths of Lines. 16.31.090 California Coordinate System as Basis of Bearings. 16.31.100 Curve Data. 16.31. l 10 Area Designation. 16.31.120 City Boundary Lines. 16.31.130 Highway and Street Names. 16.31.140 Highway Widths and Centerlines. 16.31.150 Easements—Identification. 16.31.160 Easements Designation on Map. 16.31.170 Easements—Lines, Ties and Other Evidence. • 16.31.180 Easements—Widths and Ties. 16.31.190 Easements—Bearings on Lot Lines. 16.31.200 Easements—Notes and Figures. 16.31.210 Easements—Dedication. 16.31.220 Land Subject to Overflow, Ponding or High Groundwater. 16.31.230 Land Subject to Flood Hazard, Inundation, or Geological Hazard. 16.31.240 Flood -Hazard Area, Floodway or Natural Watercourse Designation. 16.31.250 Open Space Dedication/Easements. 16.31.010 Title Sheet—Contents. A. The title sheet of each map shall contain a title consisting of the words "Tract No." and the number of the division of land on a final map, or the words "Parcel Map No." and the number of division of land on a parcel map; also the words "in the City of Santa Clarita"; also except as provided in Section 16.31.020 (Reversion to Acreage—Title Sheet Information) of this chapter, a subtitle consisting of a description of all the property being divided, by reference to such map or maps of the property shown thereon, as shall have been previously filed or recorded in the office of the County Recorder or shall have been previously filed with the City Clerk pursuant to a final judgment in an action in partition, or shall have been previously filed in the office of the County Recorder under authority of Division 3 of Title 7 of the Government Code or by reference to the plat of any United ® January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 49 States survey. When necessary for greater clarity or definiteness, supplemental reference • may be made to any other map on file in the office of the County Recorder. B. Each reference, in such description, to any division of land shall be spelled out and worded identically with the original record thereof, and must show a complete reference to a book and page of records of the county. C. Upon such title sheet the certificate of the surveyor or engineer referred to in Section 66449 or 66441 of the Subdivision Map Act shall appear. Also upon such title sheet, or upon at least one map sheet shall appear the basis of bearings, making reference to a recorded subdivision map, County Surveyor's Map or other record acceptable to the City Engineer, or to a solar or polaris observation. D. Pursuant to Sections 66434 and 66445 of the Subdivision Map Act, certificates, affidavits and acknowledgements may be legibly stamped or printed upon the title sheet of the final map or parcel map with opaque ink. All stamped or written matter, including signatures, shall be so made with opaque ink that legible blue -line prints may be obtained therefrom. 16.31.020 Reversion to Acreage—Title Sheet information. A. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "A Reversion to Acreage of..." (insert a legal description of the land being reverted). • B. A parcel map may be used to revert to acreage land previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership. 16.31.030 Evidence Determining Boundaries. A. On each final map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining divisions of land, by lot and block number, subdivision name or number and place of filing, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision. B. The City Engineer may require that field survey be performed in order to establish the boundary of any final parcel map and shall examine such survey for compliance with the Subdivision Map Act and Land Surveyor's Act. 16.31.040 Orientation of Map and Map Sheets. The map on each sheet and the lettering thereon shall be so oriented that, with the north point direction away from the reader, the map may be read most conveniently from the bottom or lower January 2013 1 DRAFT Title 16 —Subdivisions (16.01-16.41) Page 50 right corner of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book, the left page being always blank. 16.31.050 Title, Scale, North Point, Number and Cross References. Each sheet of a final map or final parcel map, excepting the title sheet or sheets thereof, shall bear the main title of the map, the scale of the map, north point and sheet number, together with a designation of the relation, if any, between each sheet and each other sheet thereof. 16.31.055 Additional Information. Additional information which does not affect record title interests shall be placed on a separate document or additional map sheet which shall indicate that it is for informational purposes and is not intended to affect record title interests. Such additional information may include without limitation, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping and archaeological sites. The final or final parcel map shall contain a notation of reference to the separate document or additional map sheet. 16.31.060 Block Designation. In the event that the subdivider elects to number or letter the blocks in any division of land, all blocks therein shall be numbered or lettered in numerical or alphabetical order, respectively, • commencing with the number "1" or the letter "A," and continuing without omission or duplication. Such numbers or letters shall be solid and of sufficient size and thickness as to be conspicuous on the map, and shall be so placed as not to obliterate any figure, dimension or course, and shall not be enclosed in any circle or other design. Except where necessitated by a scale sufficiently large to show all details clearly, no block shall be divided between. two (2) or more sheets. • 16.31.070 Lot Numbers. In the event that the blocks of any division of land are numbered or lettered, the lots in each block therein shall be numbered beginning with the number 1 and continuing without omission or duplication in any such block. Otherwise, the lots shall be numbered beginning with the number "l," and continuing without omission or duplication throughout the entire division of land. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one sheet. 16.31.080 Bearings and Lengths of Lines. The bearing and length of each lot line, block line and boundary line shall be shown on the final map or final parcel map; provided, that when bearings and lengths of lot lines in any series of lots are the same, either the bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full, and no ditto mark or other January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 51 designation of repetition shall be used. Bearings shall be shown to the nearest second and distances • shall be shown to the nearest one one-hundredth (1/100) of a foot. 16.31.090 California Coordinate System as Basis of Bearings. Each map shall use a nearby bearing shown on a recording map or record of survey for its "Basis of Bearings" and shall express all measured and calculated bearing values in terms of said system. The angle of grid divergence from a true meridian (theta or mapping angle) and the north point of said map shall appear on each sheet thereof. Establishment of said basis of bearings may be by use of existing horizontal control stations or astronomic observations. 16.31.100 Curve Data. The length, radius and total central angle or bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, or the central angle of each segment within each lot, shall be shown thereon. 16.31.110 Area Designation. Upon each lot containing an area of three-fourths of an acre or more shall be designated the acreage of such lot shown to the nearest one one-hundredth (1/100) of an acre. 16.31.120 City Boundary Lines. Upon the final map or final parcel map shall be shown on each city boundary line adjoining the division of land, and such line shall be clearly designated and tied in. 16.31.130 Highway and Street Names. W Highway names within the boundaries of a division of land shown on a final map or final parcel map shall be submitted to the City Engineer for approval, and if duplicated elsewhere in the City or so nearly the same in spelling or pronunciation as to cause confusion, the City Engineer may require some other name. 2. Unless a name is so duplicated or confusing, it shall be the same as the name of any highway of which it is on line of extension, or the name to which said street or highway may be in the process of being changed. B. Highways (except alleys or walks) extending approximately northerly and southerly shall be designated "avenue" and those extending approximately easterly and westerly shall be designated "street," except where such highway is on line of extension of a major or secondary highway or a highway of unusual prominence in the City highway system, and which bears an established name not conforming to this requirement, in which case the established name may be approved by the City Engineer. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 52 • • C. Highways which materially change direction shall bear the name and suffix designated by the City Engineer as most closely conforming to a suitable house numbering system. D. The word "avenue," "boulevard," "place," or other designation of any such highway, shall be spelled -out in full. E. The name of each newly dedicated portion of any highway shall be shown in or arrowed to such newly dedicated portion. 16.31.140 Highway Widths and Centerlines. A. There shall be shown upon each final map or final parcel map the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated and, in the case of any existing highways, streets, or ways, the width thereof, and the width of each highway, street or way on each side of the centerline thereof. On each such centerline shall be shown the bearing and length of each tangent, and radius, central angle and length of each curve. B. The final map or final parcel map shall show the width of each railroad right-of-way, flood control or drainage easement and each other easement, appearing on such map, whether previously of record or offered for dedication on such map. is 16.31.150 Easements—Identification. Each easement shall be clearly labeled and identified and, if of record, the record reference shall be shown thereon. 16.31.160 Easements—Designation on Map. Each easement shown for any storm drain or sewer or fire access shall be designated on the final map or final parcel map by fine dashed lines. 16.31.170 Easements—Lines, Ties and Other Evidence. Upon a final tract map or parcel map shall be shown the centerline or side lines of each easement to be dedicated to the City or previously dedicated to the City, and those easements required to be shown by the Approving Authority to which the lots in the division of land are subject. In the event that such easement is not definitely located of record, a statement showing the existence of such easement shall be placed on the map. A statement showing the existence and purpose of all easements other than those of the City shall be placed on the map to the satisfaction of the City Engineer. January 2013 1 DRAFT Title 16 – Subdivisions (16.01-16.41) Page 53 16.31.180 Easements—Widths and Ties. i The width of easements or the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate such easements with respect to a division of land shall be shown on the final map or final parcel map. 16.31.190 Easements—Bearings on Lot Lines. Distances and bearings on the side lines of lots which are cut by easements shall be arrowed or so shown as to indicate clearly the actual length of each lot line. 16.31.200 Easements—Notes and Figures. All notes or figures pertaining to each easement shall be subordinated in form and appearance to those relating to the division of land itself. 16.31.210 Easements—Dedication. If an easement is being dedicated by a final map, it shall be properly set out in the owner's certificate of dedication on the map. 16.31.220 Land Subject to Overflow, Ponding or High Groundwater. If any portion of such land is subject to sheet overflow or ponding of local storm water, or should the depth to groundwater be less than ten (10) feet from the ground surface, the City Engineer shall so inform the State Real Estate Commissioner. 16.31.230 Land Subject to Flood Hazard, Inundation, or Geological Hazard. A. If any portion of the land within the boundaries shown on the tentative map of a division of land is subject to flood hazard, inundation or geological hazard, and the probable use of the property will require structures thereon, the Approving Authority may disapprove the map or that portion of the map so affected and require protective improvements to be constructed as a condition precedent to approval of the map. B. Approvals of land subject to flood hazard shall comply with the current federal floodplain management regulations. C. If any portion of a lot or parcel of a division of land is subject to flood hazard, inundation or geological hazard, such fact and portion shall be clearly shown on a separate document or additional map sheet. A dedication of building -restriction rights over the flood hazard, inundation or geological hazard area may be required. D. The provisions of this section shall not apply to divisions of land in which each resultant parcel has a gross area of forty (40) acres or more or in which each resultant parcel has a • January 20t3 � DRAFT Title 16 –Subdivisions (16.01-16.41) Page 54 • gross area of forty (40) acres or more or is a quarter -quarter section of a government plat or larger. 16.31.240 Flood -Hazard Area, Floodway or Natural Watercourse Designation. In the event that a dedication of right-of-way for storm drainage purposes is not required, the location of any watercourse, channel, stream or creek, flood -hazard area or floodway shall be shown on a separate document or additional map sheet to the satisfaction of the City Engineer. 16.31.250 Open Space Dedication/Easements. All lands that are designated as open space shall be designated on the final map as open space either as a dedicated separate lot or as a recorded easement to the City. This dedication/easement shall prohibit the construction of any structures and include provisions for the permanent maintenance, including brush abatement, by a homeowners' association or other entity to the satisfaction of the Director of Parks, Recreation and Community Services, Director of Administrative Services, or the Director. • • January 2013 1 DRAFT Title 16—Subdivisions (16.01-16.41) Page 55 Chapter 16.33 Modifications to Tentative and Recorded • Maps SECTIONS: 16.33.010 Modification or Waiver of Provisions Authorized. 16.33.020 Modifications to Recorded Maps. 16.33.010 Modification or Waiver of Provisions Authorized. A. Whenever, in the opinion of the City, the land involved in a subdivision is of such size or shape, or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical for the subdivider to conform fully to a regulation contained in the Code, the Approving Authority may, at the time of action on the tentative map of the subdivision, modify the regulation; provided, that in the case of each modification the Approving Authority shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this title; and provided further, that the Approving Authority shall make a report in writing setting forth each modification and the facts relied upon for making the modification. B. The City Engineer shall waive the provisions of the title and of Section 66473 of the Subdivision Map Act requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the City does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negotiation of any substantive requirement of this title, the Subdivision Map Act or any other ordinance, statute or regulation. 16.33.020 Modifications to Recorded Maps. A. Purpose. The provisions of this section provide findings, procedures, and fees for modifications of the design and conditions of recorded maps where physical problems associated with the development of the site or technical problems occur after recordation, in conformity with Government Code Section 66472.1. B. Fees. The fees charged for such modification of a final or final parcel map shall be in accordance with the City's current fee schedule established by the Council. C. Materials for Filing. A proposed change to a final or final parcel map shall require submittal of the following: January 2013 1 DRAFT • Title 16 — Subdivisions (16.01-16.41) Page 56 • • • The materials indicated by Section 16.25.040 (Contents and Submittal Requirements), and 2. A detailed written description of the manner in which the proposed modification meets the findings described in subsection (G) of this section. D. Applicant. An applicant for a revision to a recorded map shall be either: 1. The owner of title to the subject property or his authorized representative; or 2. The City Engineer; or 3. The Commission; or 4. The Council E. Review. The proposed change of design or modification of conditions shall be reviewed by the City Engineer which shall submit its recommendation to the Commission. F. Public Hearing. Any proposed change of design and/or modification to conditions of a final map or parcel map will require a public hearing before the Commission according to the procedures specified in Chapter 17.06 (Common Procedures). The subject of the hearing must be confined to consideration and action on the proposed modification. G. Findings. The applicant must substantiate the following facts to the Approving Authority: 1. That there are changes in circumstances which make any or all of the conditions or the design of such a map no longer appropriate or necessary; 2. That the proposed modifications do not impose any additional burdens on the present fee owner of the property; 3. That such modifications would not alter any right, title, or interest in the real property; 4. That the modifications requested result from either physical problems associated with the development of the site or technical difficulties arising which are not under the control of the developer and which make it impossible to comply with certain conditions; 5. That the modifications requested do not result in an increased number of dwelling units or a greater density than the recorded map; 6. That the proposed map and the design and improvements of the proposed subdivision are consistent with applicable general and special plans; January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.41) Page 57 7. That the site is physically suitable for the type and proposed density of the development; and 8. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or serious public health problems, or conflict with public easements. H. Final Action. If the Approving Authority determines that the findings specified by subsection (G) of this section have been met, the requested modification shall be approved and the applicant shall submit to the City Engineer: 1. An amending map; or 2. A certificate of correction, as determined by the City. January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 58 • Chapter 16.35 Certificates of Compliance — Notices of Violation SECTIONS: 16.35.010 Purpose of Chapter Provisions. 16.35.020 City Engineer Authority. 16.35.030 Certificate of Compliance—Matters Required for Applications. 16.35.040 Certificates of Compliance for Undersized Parcels. 16.35.050 Certificate of Compliance—Fees. 16.35.060 Appeals. 16.35.070 Notices of Violation. 16.35.010 Purpose of Chapter Provisions. This chapter supplements those provisions of Section 66499.34, 66499.35 and 66499.36 of the Subdivision Map Act pertaining to notices of violation and certificates of compliance. 16.35.020 City Engineer Authority. The City Engineer is authorized to make all required determinations on certificates of compliance ® and notices of violations. 16.35.030 Certificate of Compliance—Matters Required for Applications. • Except where a request for waiver has been approved, applications for the issuance of a certificate of compliance shall be submitted to the City Engineer. Application of issuance of a certificate of compliance shall be made in writing on a standardized form. The City Engineer may require the submission of such supporting information as he deems necessary to determine compliance. All submissions shall be legible and readily reproducible. 16.35.040 Certificates of Compliance for Undersized Parcels. Where a certificate of compliance has been issued for a parcel of less than required area that was created prior to March 4, 1972, the owner may request: A. A review by the City Engineer to determine satisfaction of the following criteria: 1. The parcel of land has frontage on a road as specified by the Code, except for flag lots as specified in the Code; 2. The parcel of land is served by public sewers or it is of sufficient size to provide for satisfactory on-site sewage disposal for the land use intended; January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 59 3. The width of the parcel of land will be as required by the Code; 4. The setbacks of the underlying zone will be adhered to, unless a modification has been received pursuant to the Code; 5. There is sufficient area available on the parcel of land to provide automobile storage for the land use intended, as required by the Code; 6. The parcel of land has adequate fire flow and hydrant spacing as required; and 7. The owner of the parcel of land does not own any contiguous lots or parcels of land. B. Approval of a variance pursuant to the provisions of the Code. 16.35.050 Certificate of Compliance—Fees. Upon submission of a request for issuance of a certificate of compliance, other than provided in the provisions for parcel map waivers, the applicant shall pay a processing fee based upon the current fee schedule established by Council resolution for a maximum of four (4) lots. 16.35.060 Appeals. All appeals shall be submitted and acted upon in the manner prescribed in the Chapter 17.07 • (Appeals or Certification of Action). 16.35.070 Notices of Violation. A. Any city official having knowledge of a possible violation of the provisions of the Subdivision Map Act or of the Code shall direct such information to the City Engineer. B. If the City Engineer, either on their own initiative or upon investigation of information received from another city official or any other interested person, determines that real property has been divided in violation of the Subdivision Map Act or of this title, they may initiate the procedures set forth in Section 66499.36 of the Subdivision Map Act. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 60 C� • Chapter 16.37 Waiver Conditions SECTIONS: 16.37.010 Eligibility for Waiver. 16.37.020 Request for Waiver—Information Required. 16.37.030 Fees. 16.37.040 Procedures—Action by the Planning Commission. 16.37.060 Lease-Projects—Duration of Approval. 16.37.010 Eligibility for Waiver. The following minor land divisions shall be eligible for waiver of the requirement that a final parcel map be filed, provided a request for waiver, as provided for in this chapter, is approved by the Approving Authority: A. Those in which each resultant parcel is a part of one or more lots shown on the final map, parcel map or approved record of survey map, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of the Code provide for or require the delineation of flood or geological hazard, or building restrictions; • B. Property line adjustments, or the distribution of all of an existing parcel(s) between adjacent parcels; C. Those of a lease -project, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of this title provide for or require the delineation of flood or geological hazards, or building restrictions; D. For the purpose of this section, the term "approved Record of Survey Maps" refers to Record of Survey Maps which were filed for record pursuant to various provisions of the Subdivision Map Act prior to the effective date of Chapter 1180, Statutes 1965. 16.37.020 Request for Waiver—Information Required. A. Waiver requests shall be made in writing on a standardized form provided by the City Engineer. The request shall include: A request for wavier signed and acknowledged by all owners of record of the land comprising the minor land division; 2. A description of each proposed parcel; January 2013 j DRAFT Title 16—Subdivisions (16.01-16.41) Page 61 3. If requested by the City Engineer, a plat map, showing sufficient ties, dimensions and bearings to adequately establish the boundaries of the parcel map and of each • proposed parcel. Record information, when available, may be utilized. B. The City Engineer may require the submission of documentation, i.e. preliminary title report, as it deems necessary to verify the information presented to the request for waiver. All submissions shall be legible and readily reproducible. C. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed. 16.37.030 Fees. A. Upon submission of a request for waiver, the subdivider shall pay a filing fee based upon the current fee schedule established by Council resolution. B. The subdivider shall also pay a sum of money equal to the amount required by law for filing with the County Recorder a certificate of compliance for the parcels comprising the division. 16.37.040 Procedures—Action by the Planning Commission. A. Within the time designated for tentative map processing and as part of the tentative map • approval, the Commission shall waive the requirement that a parcel map be filed if it finds: 1. That the design of each parcel described in the request for waiver is in substantial accordance with the tentative map, as approved; 2. That the proposed minor land division complies with all applicable requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and of the Code. B. When a waiver is granted pursuant to this section, the City Engineer, upon review and approval, shall cause a certificate of compliance, describing each approved parcel, to be filed for record with the County Recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the parcels comprising the division may be sold, leased, financed or transferred in full compliance with all applicable provisions of the Subdivision Map Act and of this chapter. C. The procedures set forth in this section shall be completed within the period prescribed for filing a tentative parcel map after approval or any extension thereof. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 62 ® 16.37.060 Lease-Projects—Duration of Approval. The approval of a waiver of filing a parcel map for a lease -project shall be effective for a period of five (5) years. After such time, if such lease -project is not established, a new request may be made in accordance with this section. L� • January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 63 Chapter 16.39 Parcel Mergers 40 SECTIONS: 16.39.010 Purpose. 16.39.020 Requirements for the Merging of Substandard Parcels. 16.39.030 Notification of Intent to Merge Substandard Parcels. 16.39.040 Request for Hearing. 16.39.050 No Hearing Requested. 16.39.060 Planning Commission Public Hearing. 16.39.070 Notice of Merger for Substandard Parcels. 16.39.080 Appeal of Planning Commission Action. 16.39.090 Merger of Parcels Other Than Substandard Parcels. 16.39.100 Application and Fees. 16.39.110 Requirements for Merger of Standard Parcels. 16.39.120 Planning Commission Hearing. 16.39.130 Record of Survey. 16.39.140 Extensions. 16.39.150 Appeal of Planning Commission Action. 16.39.160 Parcel Merger Initiated by Owner 16.39.010 Purpose. A. The purpose of this chapter is to provide procedures by which the City may initiate the merging of two (2) or more contiguous substandard parcels and to provide regulations for the merger of standard parcels as a simply, quick alternative to parcel maps for the assembly of small parcels of land into larger parcels of land in order to encourage revitalization in the City. This section is adopted pursuant to Sections 66451.10 through 6645.21 and 66499.20- 3/4 of the Government Code. B. An owner may initiate the merging of two (2) or more contiguous parcels. This section is adopted pursuant to Section 66499.20-3/4 of the Government Code 16.39.020 Requirements for the Merging of Substandard Parcels. The Director or City Engineer may initiate a merger of substandard parcels held by the same owner pursuant to Section 66451.11 of the Government Code, if one of the contiguous parcels does not conform to the City's standard for minimum lot area as provided by the City's zoning regulations or applicable specific plan, and if all of the following requirements are satisfied: A. At least one of the affected parcels is undeveloped but may be developed only with an accessory structure(s) or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel; and January 2013 1 DRAFT Title I6— Subdivisions (16.01-16.4 1) Page 64 • B. With respect to the affected parcel, one or more of the following conditions exists: 1. The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger. 2. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its establishment. 3. The parcel does not meet slope stability standards. 4. The parcel does not meet current standards for sewage disposal and domestic water supply. 5. The parcel has inadequate legal access for vehicular and safety equipment maneuverability. 6. Its development would create health and safety hazards. 7. The parcel is inconsistent with the City's general plan or any specific or corridor plan. C. The requirements of this section shall not apply if any one of the conditions set forth in • Subsections 66451.11(b)(7)(A) through 66451.11(b)(7)(E) inclusive, of the Government Code exists. 16.39.030 Notification of Intent to Merge Substandard Parcels. Prior to merging parcels, the Director shall, by certified mail to the property owner, mail a notice of intent to merge, notifying the owner that the affected parcels may be merged pursuant to the provisions of this section. The notice shall include the statement that the owner will be given the opportunity to request a hearing and present evidence that the proposed substandard merger does not meet the criteria for a merger. The notice of intent to merge shall be recorded with the Los Angeles County Recorder on the date that the notice is given to the property owner of record. Ownership of continuous parcels shall be determined as of the date that notice of intent to merge is recorded. 16.39.040 Request for Hearing. At any time within a thirty (30) day period after recording of the notice of intent to merge, the owner of the affected property may file a request for public hearing regarding the proposed merger, with the Director. January 2013 I DRAFT Title 16 — Subdivisions (16.01-16.41) Page 65 16.39.050 No Hearing Requested. If the owner does not file a request for a public hearing within the thirty (30) day period specified above, the Commission may make a determination that the affected parcels are or are not to be merged and release the notification of intent to merge. The Commission shall direct the Director to record, as specified in Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), a release of the notice of intent to merge and mail a copy to the property owner. 16.39.060 Planning Commission Public Hearing. If the parcels are to be merged, the Commission shall cause the notice of merger to be recorded as provided for in Section 66451.12 of the Government Code, and in Section 16.39.030. A. Notice of Hearing. The Director shall set a time, date and location for a Commission public hearing upon receiving a request for a hearing from the property owner of the affected property in accordance with the Subdivision Map Act Section 66451.15. The hearing shall be conducted not more than sixty (60) days following the receipt of the owner's request, but may be continued with the mutual consent of the Commission and the property owner. Notice of the hearing shall be given to the property owner by certified mail. B. Evidence of Noncompliance. The property owner shall be given the opportunity at the hearing to present any evidence that the affected property does not meet the merger requirements as set forth in Section 16.39.030 (Notification of Intent to Merge Substandard Parcels). C. Findings. After completion of the hearing by the Commission, or if no hearing is requested, after completion of the thirty (30) day period specified in Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), the Commission shall make the following findings in order to merge a substandard parcel: 1. The merged parcel complies with Sections 66451.11(a) and 66451.11(b) of the Subdivision Map Act; 2. The merged parcel complies with all applicable City requirements for the merging of substandard parcels; and, 3. The merged parcel does not adversely affect the purpose and intent of the City's General Plan or the public health, safety and welfare. D. Determination Following Hearing. At the conclusion of the hearing the Commission shall make a determination to whether the affected parcels are to be merged or not to be merged notwithstanding the affected parcels meeting all the requirements set forth in Section 16.39.020 (Requirements for the Merging of Substandard Parcels). If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by certified mail. The Commission shall notify the owner of its determination no later than five January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 66 E • (5) working days after the hearing. A determination of merger shall be recorded within thirty (30) days after the conclusion of the hearing through a notice of merger. If the Commission determines that the subject parcels shall not be merged, it shall cause to be recorded a release of the notice of intent to merge, and the property owner shall be mailed a clearance letter. 16.39.070 Notice of Merger for Substandard Parcels. A merger of substandard parcels shall become effective upon recordation with the County Recorder. A notice of merger shall specify the determination of the Commission, the names of the recorded owners and a legal description of the properties. 16.39.080 Appeal of Planning Commission Action. Appeal of a Commission determination shall be made in accordance with the provisions for appealing Commission actions in Chapter 17.07 (Appeals and Certification of Action). 16.39.090 Merger of Parcels Other Than Substandard Parcels. The City shall regulate the merger of other parcels according to the purpose and intent of the Subdivision Map Act and the provisions of this section. • 16.39.100 Application and Fees. An application and fees for parcel mergers shall be required in compliance with the parcel merger submittal requirements, which are available in the City Engineer. 16.39.110 Requirements for Merger of Standard Parcels. A. The merged parcels must comply with the current lot area standards. B. The proposed parcel must have legal access for ingress and egress to a street with irrevocable dedication for public street. C. The proposed parcel must be served by all necessary rights-of-way or utility easement dedications. D. The proposed parcel must be in compliance with applicable vehicular parking and parking access requirements. E. The parcels to be merged must be contiguous and held in common ownership as of the date the application is filed. January 2013 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 67 16.39.120 Planning Commission Hearing. • A. Notice of Hearing. The Director shall set a time, date and location for a Commission hearing after determining the application complete for parcel merger. Notice of the hearing shall be given to the applicant and property owners within a one -thousand (1000) foot radius of the subject parcels for merger. The hearing may be postponed or continued with mutual consent of the Commission and the applicant. B. Notice of Intention to Merge Other Than Substandard Parcels. Upon determining the application complete, the Director shall mail a notice of intent to merge to the County Recorder. The notice of intent to merge shall be filed on all affected parcels indicating that the property owner has filed an application to merge parcels. C. Findings. After completion of the hearing, the Commission shall make the following findings in order to merge parcels other than substandard parcels: 1. The merged parcel conforms with the General Plan, development code and applicable specific plans. 2. Development of the merged parcel does not adversely affect the public health, safety or welfare. 3. The merged parcel has adequate access as determined by the City Engineer and is served by all necessary utilities. 4. The merged parcel does not require right-of-way of utility easement dedications. D. Determination/Procedures Following Hearing. At the conclusion of the hearing, the Approving Authority shall make a determination as to whether the affected parcels shall be merged or shall not be merged. If the Commission determines that the parcels shall be merged, pursuant to Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), it shall cause to be recorded a notice of merger. The notice of merger shall contain the names of the recorded owners, legal description of the existing parcels, maps of the existing standard parcels prior to merger and the new merged parcel(s). 2. The applicant shall have one year to complete the merger in accordance with the specifications of the City Engineer and record the merger with the County Recorder. 3. If, in accordance with Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), the Commission determines that the parcels cannot be merged, it shall cause to be recorded a release of the notice of intent to merge. January 2013 1 DRAFT • Title 16—Subdivisions (16.01-16.41) Page 68 • 4. The Commission may determine that certain standard parcels are not to be combined by merger and require the filing of a parcel map or tentative map in order to merge the parcels, in which case the map would have to comply with the requirements for a parcel or tentative map in Chapter 16.25 (Tentative Tract and Parcel Maps). 16.39.130 Record of Survey. A record of survey or other document approved by the City Engineer for the merged parcel shall be completed in compliance with the City's engineering requirements for survey of record, unless determined by the City Engineer to be unnecessary. Monumentation for the subject parcel shall be made in accordance with the City's Engineering standards. 16.39.140 Extensions. The initial two (2) year approval period may be extended for one year in accordance with the provisions of Section 17.06.230 (Time Limits and Extensions). 16.39.150 Appeal of Planning Commission Action. Appeals of Commission determinations regarding parcel mergers shall be made in accordance with Chapter 17.07 (Appeals or Certification of Action). • 16.39.160 Procedures for Parcel Merger Initiated by Owner. A. Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s), pursuant to Government Code Section 66499.20 3/4 and this chapter. • B. Record owner(s) of contiguous lots may file a request with the City Engineer to merge said contiguous parcels. An application and fees for parcel mergers shall be required in compliance with the parcel merger submittal requirements, which are available in the Public Works Department. C. A lot merger, upon application filed with the Public Works Department shall be subject to review and approval, with or without conditions, by the City Engineer. D. A parcel merger shall become effective when the City Engineer causes a notice of merger to be filed with the office of the County Registrar/Recorder. January 2013 1 DRAFT Title 16— Subdivisions (16.01-16.4 1) Page 69 Chapter 16.41 Recording of Lot Line Adjustments SECTIONS: 16.41.010 Recording of Lot Line Adjustments. 16.41.010 Recording of Lot Line Adjustments. When recording lot line adjustments, the following requirements shall be met: Issuance of Certificate of Compliance. The approval of the request for lot line adjustment by the Director, the City Engineer, the Commission or the Council shall be effectuated by the issuance by the City Engineer of a certificate of compliance for lot line adjustment. The property description or descriptions on the certificate shall describe the reconfigured parcel or parcels which will be recognized by the City as legal lots. The certificate shall be void and of no further force in effect unless it is recorded as hereinafter provided within two (2) years of the date of the decision to approve the request for lot line adjustment. 2. Grant Deed Requirements. Section 66412(d) of the California Subdivision Map Act states: "The lot line adjustment shall be reflected in a deed, which shall be recorded." A certificate of compliance for lot line adjustment does not become effective, nor will it be reflected on assessor's parcel maps, until the required grant deeds have been recorded. Each grant deed shall include a legal description which accurately reflects the legal description and references the recording information for the certificate of compliance for lot line adjustment. All deeds exchanging property between the affected parcels or consolidating the affected parcels accompanied by reconveyances or partial reconveyances or other releases of deeds of trust or similar encumbrances on the subject property or amended deeds of trust or similar encumbrances describing the reconfigured parcels shall be submitted to the City Engineer for review; provided, however, the City Engineer may cause such recordation through an escrow if such has been opened by the applicant. The applicant, or their authorized representative, shall be notified of any corrections requested by the City, and any corrected or new documents shall be promptly submitted to the City Engineer. 3. Recordation of Certificate of Compliance for Lot Line Adjustment. The recordation as hereinabove provided of the certificate of compliance for lot line adjustment shall precede the recordation of the required deeds exchanging property between the affected parcels or consolidating the affected parcels. At the direction of the City Engineer, the applicant or his/her authorized representative shall ascertain the recording fee from the County Recorder and insert into the appropriate blank spaces on the certificate of compliance for lot line adjustment. The City Engineer shall cause, or may instruct the applicant or their authorized representative to cause, the certificate of compliance for lot line adjustment to be recorded in the office of the County Recorder for Los Angeles County, California. January 2013 1 DRAFT Title 16 — Subdivisions (16.01-16.41) Page 70 • • 4. Recordation of Deeds and Other Documents. At the direction of the City Engineer, the applicant or his/her authorized representative shall ascertain the recording fee from the County Recorder and insert into the appropriate blank spaces on the grant deed; which shall then be signed by the owner(s) and notarized. The City Engineer shall cause, or may instruct the applicant or their authorized representative to cause, the grant deed to be recorded in the office of the County Recorder subsequent to recordation of the certificate of compliance for lot line adjustment. The certificate of compliance for lot line adjustment recording information shall be inserted into the appropriate blank spaces on the grant deed. • • 5. Payment of Recording Fees. The fees for the recording of all documents as established by the County Recorder shall be remitted by the applicant to the City prior to the time of recordation of such documents including the certificate of compliance for lot line adjustment. Such remittance shall be made payable to the City in the amount required to have all deeds and other documents, including the certificate, recorded. January 2013 1 DRAFT Title 16 —Subdivisions (16.01-16.41) Page 71 • TITLE 17 ZONING Division 17.00 General Procedures Chapter 17.01 Title, Purpose, Components, and Authority Chapter 17.02 Planning Agency Chapter 17.03 Rules for Provisions, Language, Measurement, and Interpretation Chapter 17.04 Interpretations Chapter 17.05 Legal Nonconforming Uses, Lots, and Structures Chapter 17.06 Common Procedures Chapter 17.07 Appeals or Certification of Review Chapter 17.08 Revocations and Revisions Chapter 17.09 Minor Permit Modifications Division 17.10 Definitions Chapter 17.11 Definitions Division 17.20 Applications Chapter 17.22 Class I Applications - Ministerial • Chapter 17.23 Class 11 Applications - Discretionary Chapter 17.24 Class III Applications - Discretionary Chapter 17.25 Class IV Applications - Discretionary Chapter 17.26 Class V Applications - Discretionary Chapter 17.27 Class VI Applications - Discretionary Chapter 17.28 Class VII Applications - Legislative Division 17.30 Zones Chapter 17.31 Zoning Designation Purpose Chapter 17.32 Non -Urban Zones Chapter 17.33 Urban Residential Zones Chapter 17.34 Commercial and Industrial Zones Chapter 17.35 Mixed Use Zones Chapter 17.36 Open Space Zones Chapter 17.37 Other Zones Chapter 17.38 Overlay Zones Chapter 17.39 Special Standards Districts Division 17.40 Use Classifications and Required Parking Chapter 17.41 General Chapter 17.42 Residential Use Types Chapter 17.43 Commercial Use Types • Chapter 17.44 Industrial Use Types January 2013 1 DRAFT Table of Contents Page I Chapter 17.45 Public and Semi -Public Use Types Chapter 17.46 Agricultural Use Types • Chapter 17.47 Temporary Use Types Chapter 17.48 Accessory Structures and Uses Use Types Chapter 17.49 Development Activities/Miscellaneous Use Types Division 17.50 Development Standards Chapter 17.51 Property Development Standards - All Zones Chapter 17.53 Property Development Standards - Commercial and Industrial Chapter 17.55 Property Development Standards - Mixed Use Chapter 17.57 Property Development Standards - Residential Division 17.60 Specific Development Standards Chapter 17.61 Adult Business Regulations Chapter 17.62 Animal Keeping Chapter 17.63 Automotive Uses Chapter 17.64 Historic Preservation Chapter 17.65 Home Occupations Chapter 17.66 Other Specific Development Requirements Chapter 17.67 Temporary Uses Chapter 17.68 Transfer of Development Rights, Density Bonus, and Cluster Developments Chapter 17.69 Wireless Communication Facilities and Satellite Dish Antennas Division 17.70 Reserved • Division 17.80 Grading Chapter 17.80 Scope and Administration Chapter 17.81 Permits Chapter 17.82 Existing Grading Chapter 17.83 Permit Application Chapter 17.84 Security Chapter 17.85 Precautions Chapter 17.86 Import, Export, Evacuations, and Fills Chapter 17.87 Drainage and Terracing Chapter 17.88 Grading Designation and Location Chapter 17.89 Dust Prevention and Control Chapter 17.90 National Pollutant Elimination Systems (NPDES) Compliance Chapter 17.95 Standard Urban Stormwater Mitigation Plan Implementation January 2013 1 DRAFT Table of Contents Page 2 • 0 • i Division 17.00 General Procedures Chapter 17.01 Title, Purpose, Components, and Authority Chapter 17.02 Planning Agency Chapter 17.03 Rules for Provisions, Language, Measurement, and Interpretation Chapter 17.04 Interpretations Chapter 17.05 Legal Nonconforming Uses, Lots, and Structures Chapter 17.06 Common Procedures Chapter 17.07 Appeals or Certification of Review Chapter 17.08 Revocations and Revisions Chapter 17.09 Minor Permit Modifications January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 1 0 • Chapter 17.01 Title, Purpose, Components, and Authority SECTIONS: 17.01.010 Title. 17.01.020 Purpose. 17.01.030 Consistency with the General Plan. 17.01.040 Applicability of Zoning Regulations. 17.01.050 Administration of Use Classifications. 17.01.060 Application Where Violations Exists. 17.01.070 Severability. 17.01.080 Repeal of Conflicting Development Codes. 17.01.090 Private Agreements. 17.01.100 Condition of Approval 17.01.010 Title. Title 17 of the City Municipal Code shall be known and cited as "Title 17," the "Zoning Code," the "Zoning Ordinance," "this Title." When the term "this Code" or the "Development Code" is used, the term shall include both Title 16 and 17 which together shall comprise the Unified Development Code. Whenever reference is made to any portion of the code set out in Title 16 and/or 17, or of any other law or ordinance, the reference applies to all amendments and additions hereafter made to this Code. 17.01.020 Purpose. The purpose of this Code is to define the duties and powers of the discretionary and administrative bodies responsible for implementation of this Code and to implement the General Plan, implement the Municipal Code, and promote the public health, safety, and general welfare. Nothing in this Code shall supersede any other section or requirement of the Municipal Code. 17.01.030 Consistency with the General Plan. Any permit or approval issued pursuant to this Code must be consistent with the General Plan. In the event of inconsistency of this title with the goals, policies, and objectives of the adopted General Plan and its elements, the General Plan goals, policies, and objectives shall govern. 17.01.040 Applicability of Zoning Regulations. A. Applicability. This Code shall apply to all property within the City of Santa Clarita, including all uses, structures and land owned by any private person, firm, corporation or organization, or the County or other local, State, or federal agencies. Governmental and quasi -government agencies may be exempt from portions of this Code per the State Government Code. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 3 B. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved unless it is in accordance with the provisions of this Code. No permit or entitlement may be issued or renewed for any use, construction, improvement, or other purpose unless specifically provided for, or permitted by, this Code. No person shall use, or permit to be used, any structure, or land, nor shall any person erect, structurally alter, or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this Code. C. Provisions Interpreted as Minimum Requirements. In interpreting and applying the provisions of this Code, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. 17.01.050 Administration of Use Classifications. A. Primary Use. In determining compliance with the provisions of this Code as it applies to the uses listed in the various zones, each primary use shall be considered a separate use, provided: The accessory uses and structures shall be deemed an integral part of each primary use; and 2. That more than one primary use may be placed on a single lot where not in conflict with other provisions of this Code. • B. Accessory Use. The Director shall determine whether a use or structure may be considered accessory pursuant to the definitions contained in this Code, in compliance with Chapter 17.04 (Interpretations). 17.01.060 Application Where Violation Exists. With the exception of uses in conformance with Chapter 17.05 (Legal Nonconforming Uses, Lots and Structures), no application for any permit required pursuant to this Code shall be accepted for processing where an unauthorized land use and/or structure is operating in violation of this Code. The Director may determine that the use in question is consistent with the objectives, goals and policies of the General Plan, or that the continuation of the use is essential or desirable to the public convenience or welfare, this provision shall not apply. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 4 0 17.01.070 Severability. If any portion of this Code is held invalid or unconstitutional by the decision of any court, such decision shall not affect the validity of the remainder of this Code. 17.01.080 Repeal of Conflicting Development Codes. Whenever the provisions of this Code are more restrictive upon construction or use of buildings or structures or upon the use of lands or premises than required by other previously adopted development codes, the provisions, regulations, and rules of this development code shall govern. 17.01.090 Private Agreements. The provisions of this Code are not intended to abrogate any easements, covenants, conditions and restrictions, or other existing agreements which are more restrictive than the provisions of this Code. 17.01.100 Condition of Approval. As a condition of the approval of an application, the applicant shall agree to reimburse the City for any court and attorney's fees which the City may be required by a court to pay because of any claim or action brought against the City because of such approval pursuant to Government • Code Section 66499.37. Although the applicant is the real party in interest in such an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the applicant of its obligations under this condition. • January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 5 Chapter 17.02 Planning Agency Is SECTIONS: 17.02.010 Purpose. 17.02.020 City Council. 17.02.030 Planning Commission. 17.02.040 Hearing Officer. 17.02.050 Director. 17.02.010 Purpose. This chapter identifies the powers and duties of the officials responsible for administering this Code. 17.02.020 City Council. The Council has the following powers and duties: A. Initiate, adopt, deny, or modify amendments to the City of Santa Clarita General Plan, Code, and Zoning Map, and all other Class V, VI and VII Applications as described in Section 17.06.020 (Authority). B. Consider and certify environmental documents and hear appeals on environmental • determinations by the Director, Hearing Officer, or the Commission as provided for by the California Environmental Quality Act (CEQA). C. Affirm, deny, or modify decisions of the Commission through appeals or calls for review pursuant to the provisions of Chapter 17.07 (Appeals or Certification of Review) and the State Government Code. D. Establish fees for filing applications and services provided by the City. E. Appoint commissioners to the Commission as provided for in City of Santa Clarita Municipal Code. 17.02.030 Planning Commission. The Commission is established pursuant to the City Municipal Code and the California Government Code and has the following powers and duties: A. Recommend to the Council amendments to the General Plan, Code or Zoning Map, and all other Class V and VII applications. B. Affirm, deny, or modify decisions of the Hearing Officer pursuant to Chapter 17.07 (Appeals or Certification of Review) and the State Government Code. January 2013 1 DRAFT • Division 17.00 — General Procedures (17.01-17.09) Page 6 C. Consider and adopt, deny, modify, or certify Class IV applications and environmental documents as described in Section 17.06.020 (Authority). 17.02.040 Hearing Officer. The Hearing Officer is the Director or their appointee, who has the powers and duties to conduct public administrative hearings and approve or deny Class III applications pursuant to Section 17.06.020 (Authority), and approve or certify environmental documents. 17.02.050 Director. The Director has the following powers and duties, which the Director may delegate to staff of the Department who are supervised by, and report to, the Director: A. Approve or deny Class I, II and III applications pursuant to Section 17.06.020 (Authority). B. Consider and adopt, deny, modify, or certify environmental documents for Class II and III applications subject to CEQA and the City's environmental review requirements. C. Consider and adopt, deny, modify, or certify environmental documents subject to CEQA and the City's environmental review requirements for other City Departments not requiring Council action. D. Review all applications and notify the applicant if any additional information is necessary to conduct review in compliance with this Code. E. Issue interpretations of this Code pursuant to Chapter 17.04 (Interpretations). • January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 7 Chapter 17.03 Rules for Provisions, Language, Measurement and Interpretation SECTIONS: 17.03.010 Purpose. 17.03.020 Rules for Language. 17.03.030 Rules for Measurement. 17.03.010 Purpose. The purpose of this chapter is to provide precision in the interpretation of this Code. The definitions and use of the words and phrases in this chapter apply throughout the Code. 17.03.020 Rules for Language. Except where the context indicates otherwise, the following rules for language shall apply: A. The following conjunctions shall be interpreted as follows: "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions may apply singly or in any combination. 3. "Either ... or" indicates that the connected words or provisions shall apply singly but not in combination. B. All references to departments, committees, commissions, boards, or other public agencies and public officials are to those of the City, unless otherwise specified. C. Any reference to the Fire Department is to that of the Los Angeles County Fire Department. D. All references to days are to calendar days, unless otherwise specified.. E. All references to lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples; not to be exhaustive lists of all possibilities. F. The words "shall," "will," "must," and "is to" are mandatory requirements. G. The words "should" or "may" are optional and may be required by the Department at its discretion. January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 8 • H. The present tense includes the past and future tenses, and the future tense includes the • past and present. 1. Plural words shall include the singular and, singular words shall include the plural. J. Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. 17.03.030 Rules for Measurement. The purpose of this section is to explain how measurements are calculated in this Code. A. Fractions. 1. Parking Spaces. When the application of this Code requires a fractional part of a parking space, such fraction equal to or greater than one-half shall be construed as a whole and fractions less than one-half shall be eliminated. 2. Dwelling Units. a. Rounding. Whenever this Code requires consideration of dwelling units and the result of a calculation contains a fraction of a whole number, the results shall be rounded down to the nearest whole number. • b. Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density pursuant to Section 65915 of the State Government Code or any successor statute, any fractional number of permitted bonus density units shall be rounded up to the next whole number. • 3. Other Fractions. Besides subsections (A) (1) and (A) (2), above, when a regulation is expressed in terms of maximum or minimum limits or requirements, any other fractional result shall not be rounded. For example, if a maximum height for a building is 35 feet and the proposed building actually measures 35 feet and 6 inches, then the height is not in compliance. B. Distance. Measurements are Shortest Distance. a. When measuring a required distance, the measurement is made at the closest or shortest distance between the two objects (for example, the minimum distance between a structure and a lot line or another structure). b. The following shall be excluded when measuring required distances. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 9 i. Projections, as permitted in Section 17.57.050 (C) (Projections Permitted Between Buildings); and is ii. Basements. — — — shortest Distance � I 'Shortest. ' I� Distance Shortest Distance � I . ---- —_—.— Property Line Figure 17.03 — l Measurements Are Shortest Distance 2. Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. Distances are not measured by following the topography or slope • of the land. 2 o Distance measured III11 ® Fl= Figure Figure 17.03 — 2 Distances Are Measure Horizontally 3. Measurement of Parking Spaces, Aisle Widths, and Stacking Areas. a. Measurement of parking space length, aisle widths and stacking areas are measured from across the entire area. January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 10 • b. Where single striping lines are used, parking space widths shall be • measured from the center of the striping line. Double striping is preferred and where it is used, parking space widths shall be measured from the midpoint between the striping lines. • 0 C. Obstructions, unless expressly permitted by the Director, are not permitted in a parking space. Wheel stops are permitted in a parking space. Figure 17.03 — 3 Measuring Of Parking Spaces, Aisle Widths, And Stacking Areas 4. Measurement of Minimum Distances Between Land Uses. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from the exterior boundaries of the property to the exterior boundary of the property of the other land use. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 11 Standardstall measured across 'entire '- ,/, j width' of required area, .asrz' C.l from center of parking stripe Measmtdacross entire length of required area' �qa £",a 'L u opre9 YONsedhr a d e Angled measuied . stall across entire width of required area, of P from center parking stripe: Yrw PAing Aisle measured across Angle entire width d required area. 3 > �. _'ark Figure 17.03 — 3 Measuring Of Parking Spaces, Aisle Widths, And Stacking Areas 4. Measurement of Minimum Distances Between Land Uses. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from the exterior boundaries of the property to the exterior boundary of the property of the other land use. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 11 Figure 17.03 — 4 Measurement of Minimum Distances Between Land Uses C. Height. I Measuring Height. Measurement of the height of building or structure is the plumb line distance from the point being measured to the grade. Lowest Adjacent Gradc0rNi"�'—_ Figure 17.03 — 5 Measuring Height D. Flag Lot Width and Depth. Flag Lots. Average width and depth of flag lots shall exclude the access strip for the lot. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 12 0 • • • EA'15 Ship forFlag-t.oC Excluded from-�ob'Area ;� Property Line Figure 17.03 — 6 Flag Lot Width and Depth E. Floor Area. Floor area is the total gross area of all floors of a building expressed in square feet. 1. Included in Floor Area. Gross floor area shall include the area of all the floors of a building within and including the outer building walls, all habitable and non - habitable rooms, basements, and interior walls and partitions. 2. Excluded from Floor Area. Gross floor area does not include: a. Parking structures, garages, carports, or other areas designated for parking and loading, or vehicular access to parking and loading spaces, as these structures shall be counted separately; b. Unenclosed exterior balconies, decks, porches, courts, and stairs; C. Cellars; and d. Attics, if not a habitable space as defined by the Building Code. 3. Floor Area Ratio. Floor area ratio is the numerical value obtained through dividing the gross floor area of a building or buildings located on a lot by the total area of such lot. Floor area ratio is expressed as a decimal number and shall be rounded to the hundredth place (for example, 0.25). F. Lot Coverage. Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, expressed as a percentage with a decimal number to the hundredths place (for example, 50.15%) according to the following: 1. Included in Lot Coverage. Lot coverage shall include: a. The footprints of all primary and accessory structures, including garages, carports, covered patios, and roofed porches. January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 13 b. Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, • balconies and stairways; C. Eaves and roof overhangs when projecting more than two -and -one-half feet from the building wall; and d. The first floor of atrium and all lobby areas. 2. Excluded from Lot Coverage. Lot coverage shall not include: a. Uncovered walkways, driveways, and landscaping; b. Eaves and roof overhangs when projecting less than two -and -one-half feet from the building wall; and C. Swimming pools and hot tubs that are not enclosed in roofed structures or decks. January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 14 • • • Chapter 17.04 Interpretations • • SECTIONS: 17.04.010 Purpose. 17.04.020 Applicability. 17.04.030 Interpretation for Unlisted Uses. 17.04.040 Record of Interpretation. 17.04.010 Purpose. This chapter establishes the authority of the Director to interpret this Code. Whenever the Director determines that the meaning or applicability of any provision of this Code is subject to interpretation, the Director may issue a verbal or written interpretation. 17.04.020 Applicability. Interpretations made by the Director include the following: A. Defining unlisted uses; B. Determination of the location of boundaries on the Zoning Map; C. Applicability of development standards; D. Definitions, terms or phrasing, and language construction; E. Determining measurement; and F. Interpretation of how any of the subsections (A) through (E), above, apply to a specific site. 17.04.030 Interpretation for Unlisted Uses. A. Similar Uses. The Director may determine that an unlisted use in this Code is allowed in compliance with this chapter. B. Required Findings. The Director may determine that an unlisted use is similar to a listed use and may be allowed in the underlying zone, after making the following findings: 1. The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone; January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 15 2. The use will be consistent with the purposes of the applicable zone; 3. The use will be consistent with the General Plan; 4. The use will be compatible with the other uses allowed in the zone; and 5. The use is not listed as allowed in another zone. C. Underlying Zone Standards. When the Director determines that an unlisted use is similar to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where it is allowed, the application required, and the applicable development standards and requirements of this Code. 17.04.040 Record of Interpretation. Any written interpretation made by the Director shall be kept on file with the Department and be made available to the public. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 16 • • • ® Chapter 17.05 Legal Nonconforming Uses, Lots and Structures SECTIONS: 17.05.010 Purpose. 17.05.020 Continuation and Maintenance. 17.05.030 Discontinuation of Legal Nonconforming Use. 17.05.040 Restoration of a Damaged Structure. 17.05.050 Elimination of Legal Nonconforming Uses and Structures. 17.05.060 Zoning Compliance Review. 17.05.010 Purpose. This chapter is intended to allow for the continuation, maintenance, and limited expansion of uses, lots, and structures established in compliance with development codes in effect at the time of establishment of the use or structure but not in compliance with current development codes. 17.05.020 Continuation and Maintenance. A. A use legally occupying a structure or a site, as of the effective date of this Code, that • does not conform with the use regulations or the performance standards for the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued in perpetuity, except as otherwise provided in this chapter. B. A structure, legally occupying a site, as of the effective date of this Code, that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located, shall be deemed to be a legal nonconforming structure and may be used and maintained in perpetuity, except as otherwise provided in this chapter. C. Routine maintenance and repairs may be performed on a structure or site, the use of which is legal nonconforming. D. A structure which does not meet the property development standards of the zone in which it is located shall be permitted to expand up to the floor area ratio permitted for that zone in the event that the Director determines that the expansion will not increase the degree of nonconformity, or adversely affect or be materially detrimental to, adjacent uses, residents, buildings, structures, or natural resources. 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. Unless specifically stated elsewhere in this Code, a conditional use legally established • prior to the effective date of this Code, or prior to the effective date of subsequent zone January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 17 changes or amendments to the Code, shall be permitted to continue and be permitted to expand or be modified pursuant to the Code. G. A parking lot previously constructed with or without a surplus of parking spaces over what was required at the time of approval of the development shall be subject to the parking provisions of Section 17.51.060 (Parking Standards) of this Code for all new uses or structures, notwithstanding general office and retail uses for developments approved by Los Angeles County and remaining in conformance with such approval. H. When interpreting setbacks for a residential use in a residential zone that are legal nonconforming, new construction shall be permitted to maintain continue the existing setback, provided the structure does not further encroach into the existing setback area by either further reducing the existing setback, or expanding (either vertically or horizontally) the building square footage by more than 20%. Any further expansion in excess of the 20% described above, or any further reduction in the setback shall be considered an increase in the degree of nonconformity and will be required to obtain the appropriate entitlement as described in this Code. L A lot that was legally created, as of the effective date of this Code, that does not conform with the Code regulations for minimum lot size or dimensions for the zone in which the lot is located, shall be deemed to be a legal nonconforming lot and may be utilized for a structure that would otherwise be allowed in that zone as long as all development standards are achieved or an adjustment or variance, whichever is applicable, is obtained for any such standards that cannot be achieved. 17.05.030 Discontinuation of Legal Nonconforming Use. Whenever a legal nonconforming use, or use of a legal nonconforming structure, has been discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) calendar days or more, the legal nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the Director is notified in writing of the intent to resume and has approved a schedule for resumption of said use. 17.05.040 Restoration of a Damaged Structure. A. Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty (50) percent or more, the structure may be restored and the legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of re- establishment. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 18 11 El L • B. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the building code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use. C. Whenever a structure is damaged less than 50%, the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the Code. 17.05.050 Elimination of Legal Nonconforming Uses and Structures. A. Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County Title 22) shall be screened in compliance with the provisions of this Code within one year of the effective date of this Code. B. With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made legal nonconforming by this Code shall be allowed to continue and/or remain. Legal nonconforming signage shall be eliminated as follows: ® I. Signs as prohibited by subsection (U) of Section 17.51.080 (Sign Regulations (Private Property)), thirty (30) days. is In the case of outdoor advertising signs or structures in residential zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows: Fair Market Value on Date of Notice of Removal Requirement Years Allowed to Remain Under $1,999 2 $2,000 to $3,999 3 $4,000 to $5,999 4 $6,000 to $7,999 5 $8,000 to $9,999 6 $10,000 and over 7 January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 19 The amounts provided in this section shall be adjusted each January 1st from and after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States is Department of Commerce Composite Cost Index for Construction Costs. 3. All other signs and sign structures, nine (9) years from November 13, 1990. 17.05.060 Zoning Compliance Review. Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 20 r1 L—A C • Chapter 17.06 Common Procedures SECTIONS: 17.06.010 Purpose. 17.06.020 Authority. 17.06.030 Application Types. 17.06.040 Multiple Applications. 17.06.050 Environmental Review. 17.06.060 Application Filing and Withdrawal. 17.06.070 Fees and Deposits. 17.06.080 Initial Application Review. 17.06.090 Project Evaluation and Staff Reports. 17.06.100 Type I Public Noticing. 17.06.110 Type I1 Public Noticing (Public Hearing). 17.06.115 Hearing Officer Administrative Hearing Procedure. 17.06.120 Public Hearing Procedure. 17.06.130 Findings and Decision. 17.06.140 Recommendations after Public Hearing. 17.06.150 Decision after Administrative Hearing or Public Hearing. 17.06.160 Notice of Action and Findings. 17.06.170 Effective Date of Decision. • 17.06.180 17.06.190 Scope of Approvals. Conditions of Approval. 17.06.200 Use of Property Before Final Action. 17.06.210 Approvals Run with the Land. 17.06.220 Performance Guarantees and Covenants. 17.06.230 Time Limits and Extensions. 17.06.240 Resubmission of Application. 17.06.010 Purpose. This chapter establishes zoning application and processing procedures for the Code. 17.06.020 Authority. Table 17.06-1 (Review Authority) identifies the authority body responsible for making decisions on each type of application. The following authority bodies are listed within this Table: A. Advisory Body. The Advisory Body makes recommendations to a higher level review authority. B. Review Authority. The Review Authority is the decision maker that approves or denies an application. The Review Authority may refer an application to a higher level review authority for a decision on the application. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 21 C. Appeal Body. The Appeal Body makes decisions on an appeal of a decision of a lower level Review Authority. D. Review Authority Levels. The levels of review authorities, from highest to lowest are: Council; 2. Commission; 3. Hearing Officer; and 4. Director. Table 17.06-1: Review Authorit Application Chapter Public Public Advisory Review Appeal Body Class Noticing Hearing Body Authority Required Required Class I 17.22 None No N/A Director Commission/ (Ministerial) Council Class II 17.23 None No N/A Director Commission/ Discretion Council Class III 17.24 Type I No N/A Director * Commission/ (Discretionary) Council Class IV 17.25 Type II Yes Director Commission Council (Discretionary) Class V 17.26 Type 11 Yes Commission Council N/A (Discretionary) Class VI 17.27 Type II Yes Director Council N/A (Discretionary) Class VII 17.28 Type II Yes Commission Council N/A (Legislative) * If a request for an administrative hearing is filed, the Review Authority shall be the Hearing Officer, in conformance with this chapter. 17.06.030 Application Types. This Code establishes the application type required for a specific permit request. Application types include the following: A. Class !Applications. Class I applications include the following: Ministerial Approvals. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 22 � ] • B. Class II Applications. Class II Applications include the following: Administrative • Permits, Architectural Design Review, Development Review, Hillside Development Review, Home Occupation Permits, Landscape Plan Review, Lot Line Adjustments, Oak Tree Permits, Requests for Reasonable Accommodations, Sign Reviews, and Temporary Use Permits. C. Class III Applications. Class III applications include the following; Adjustments, Administrative Sign Variance and Historic Sign Designation, and Minor Use Permits. D. Class IV Applications. Class IV applications include the following: Conditional Use Permits, Tentative Subdivision Maps, and Variances. E. Class V Applications. Class V applications include the following: General Plan Amendments, Master Plans, and Ridgeline Alteration Permits. F. Class VI Applications. Class VI applications include the following: Pre -Annexation Agreements. G. Class VII Applications. Class VII applications include the following: Development Agreements, Specific and Corridor Plans, and Zone Changes and Amendments. 17.06.040 Multiple Applications. • A. Review Authority in Multiple Applications. When a project requires two or more applications to be considered by different Review Authorities, all applications for the project shall be subject to jurisdiction by the highest Review Authority. B. Associated Ministerial and Discretionary Applications. If associated uses and/or structures on a property require both ministerial and discretionary applications, a separate ministerial application may not be required. The discretionary application may include authorization for the ministerial uses and/or structures, unless otherwise noted within this Code. C. Advisory Recommendation by Commission. if the Commission is reviewing a discretionary application that requires associated Council approvals, the Commission shall make recommendations to the Council on both the environmental documentation and the discretionary and legislative applications. The Council takes final action on all such environmental documentation, discretionary and legislative applications. 17.06.050 Environmental Review. All applications for development, which are subject to the California Environmental Quality Act (CEQA) and City adopted guidelines, may be required to submit a completed Environmental Questionnaire (Initial Study Part A) form as part of the application. The Director may request additional information or studies of the applicant in order to make an environmental •determination. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 23 17.06.060 Application Filing and Withdrawal. • A. Application Forms and Information for Submitted Materials. 1. The Director shall prepare application forms, including checklists that specify the information and materials necessary for processing each type of application. 2. The applicant shall submit an application, all information and materials listed for the specific type of application on the checklist, and the filing fee, as listed in Section 17.06.070 (Fees and Deposits). 3. The accuracy of all applications, information, and materials submitted shall be the responsibility of the applicant. 4. Any materials submitted by an applicant for an application becomes City property and shall be available for public review. B. Applicants. The following persons may file applications: The owner(s) of the subject property; 2. An agent for the applicant with written authorization by the owner(s) of the • property; 3. The plaintiff in an action in eminent domain to acquire the subject property, or any portion thereof; or 4. A public agency in negotiation to acquire a portion of the subject property or any portion thereof. C. Withdrawal. An applicant may withdraw an application at any time before a decision is made by the responsible Review Authority by filing a written request with the Director. Refunds shall comply with Section 17.06.070 (C) (Fee Refunds). 17.06.070 Fees and Deposits. A. Schedule of Fees and Deposits. The Council shall establish a schedule of fees and deposits for application processing by resolution. This shall be referred to as the Filing Fee Schedule. B. Filing Fee(s). No application shall be accepted without payment of the required fee or deposit per subsection (A), above. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 24 • E L� E C. Fee Refunds. If any application is withdrawn as provided in Section 17.06.060 (C) (Withdrawal), the Director shall refund the following fraction of the filing fee: One-half of the payment shall be refunded if the application is withdrawn by the applicant prior to the preparation and mailing of the notice of completeness or after a Development Review Committee meeting is held. 2. One-quarter of the payment shall be refunded if the application is withdrawn by the applicant prior to publication or mailing of the required notice. 3. There shall be no refund of any portion of the payment after: a. Mailing or publication of the required notice; b. Denial or withdrawal of application; C. Preparation of any environmental documents; or d. After an action has been taken by the Review Authority. D. Deposit Refunds. The Director may approve a refund of deposits after all fees and expenses incurred have been paid. 17.06.080 Initial Application Review. A. Review of Applications Filed. Within 30 days from the date the City accepts an application for processing, the Director shall review and provide notice to the applicant regarding the application to determine whether any additional information or detail is required to take action on the application. The Director shall also determine if the project is subject to review as determined by CEQA Guidelines. B. Determining Completeness. An application filing shall be complete when: All required application materials have been submitted as specified in the Department's filing instructions per Section 17.06.060 (A) (Application Forms and Information for Submitted Materials); and 2. Fees have been submitted as required by Section 17.06.070 (B) (Filing Fees). 3. All required environmental documentation and materials as required by CEQA have been submitted. C. Additional Information. 1. The Director may request additional information to clarify, correct, or otherwise supplement information required after the application has been accepted by the January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 25 Department for processing. The Director may suspend application processing if the additional information is not submitted. 2. If an application is subject to environmental review, the Director may require the applicant to submit additional information needed to conduct an initial study to determine if the project may have a significant effect on the environment. The Director may suspend application processing if the additional information is not submitted. D. Consultation. The Director may consult with any local, county, state, or federal agency after the application has been accepted by the Department for processing. The applicant shall pay any required fee for such consultation. Application processing may be suspended if any required fee is not paid. E. Inspections. Every applicant seeking a permit in compliance with this Code shall allow any City or County official participating in review of the application access to the premises or property that is the subject of the application. Failure to cooperate with any City or County official may result in suspension of application processing until the inspection is completed. if access is not granted, the Director may render an application inactive per subsection (F), below. F. Inactive Application. If an application is deemed incomplete, the Director shall provide written notification or correction letter to the applicant listing the applications, exhibits, revisions to plans, information, additional fees, or any other materials that are necessary to complete the review of the application. If the applicant does not provide the items required by the Director within 30 days of notification, the application shall become inactive. The Director may extend the time limit for a maximum of 30 days upon written request from the applicant. G. Denial of Inactive Application. The Director may deny, without a public hearing, an application for a discretionary permit if such application becomes inactive per subsection (F), above. The Director may permit the applicant to amend such application without the filing of additional permit fees if the amendments are made before the application is denied. In all other cases, the Director's denial of an inactive application closes the application file. Once an application is denied, the applicant shall submit a new application and fees in compliance with Section 17.06.060 (Application Filing and Withdrawal) in order to proceed with the request. 17.06.090 Project Evaluation and Staff Reports. When a staff report is required, the Director shall make a report in writing to the Review Authority based on consideration of information in the record at the time the Director prepares the report. The staff report shall be made available to the applicant no less than 72 hours prior to the administrative hearing or public hearing. The report shall include: A. A recommendation based on: January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 26 • I�L C� ® 1. Evaluation of the project's conformance with the applicable goals, objectives, policies, and proposals of the General Plan and any other applicable adopted plans and policies; 2. Determination of compliance with all applicable development standards and requirements for the underlying zone in which the subject property is located; 3. Determination of the provision of adequate, essential services for the subject property. The Director may consult with local agencies that provide essential facilities or services to determine if the project will be adequately served. Essential facilities and services include, but are not limited to, Fire, Sheriff, schools, water, sanitation, and roads; and 4. Information in the record including, but not limited to, the application, exhibits, maps, site plan; initial study, environmental determination or CEQA statutory exemption, agency comments, and review comments received prior to the hearing. B. A recommendation on the environmental determination: 1. If the project is subject to environmental review, a recommendation shall be made to adopt a Negative Declaration, Mitigated Negative Declaration, or certify an • Environmental Impact Report. 2. If the project is found to meet the standards for a categorical exemption under CEQA Guidelines, a statement that the project is exempt from environmental review and the class of exemption in which the project qualifies for shall be prepared. 17.06.100 Type I Public Noticing. When this Code requires a Type I public noticing, a notice shall be provided in compliance with this section. A. Notice Content. A Type I Notice shall include the following information: Action Information. a. The date, time, place, and the name of the Review Authority of the proposed action; b. A general description of the City's procedure concerning the conduct of the action; January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 27 C. A statement that written comments may be submitted to the Director prior to the action; d. A statement that any interested person or authorized agent may request that the action be heard before the Hearing Officer; and e. The phone number, street address, and website of the City, where an interested person can call or visit to obtain additional information. 2. Project Information. a. The name of the applicant; b. The application number(s); C. A general description of the project and location of the subject property; and d. A statement that the Review Authority will also consider the project's environmental document, if applicable. Distribution. Notice shall be provided as follows: 1. Mailing. Notice shall be mailed or delivered at least 15 calendar days before the scheduled action to the following, unless stated otherwise in this Code. a. Owner(s) and Applicant. The owner(s) of the subject property, the applicant and the applicant's agent, if one has been provided; b. Surrounding Properties. Unless otherwise indicated in this Code, all owners of property located adjacent to, and directly across the street from, the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll shall be noticed. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall also be mailed the notice; C. Persons Requesting Notice. A person who has filed a written request for notice with the Director within one year prior to the action; d. Additional Notification Radius Requirements. i. In the case of a minor use permit for the sale of alcohol, all owners of property located within a 500 -foot radius of the exterior boundaries of the subject site, as shown on the County's last equalized assessment roll. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 28 40 0 0 • ii. In the case of a minor use permit, a written notice shall be transmitted to the Council and Commission. e. In the case of a minor use permit for the transportation of earth (haul routes), no mailing of notifications is required; and f The Director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the proposed project. C. Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the Review Authority. D. Action. If a written request for an administrative hearing before the hearing officer is received prior .to the close of business on the 15`h day after the notice is dated, an administrative hearing shall be scheduled. If the request for a hearing officer review is rescinded prior to the noticing of the administrative hearing, no administrative hearing shall be required. 1. The contents of the notice shall be in conformance with subsection (A), above. 2. Those that received the notice of the proposed project and any additional persons who submitted comments shall receive notice not less than seven (7) days prior to the administrative hearing. 17.06.110 Type II Public Noticing (Public Hearing). When this Code requires a public hearing, notice of the hearing shall be provided in compliance with this section and the State Government Code. A. Notice Content. Notice of a public hearing shall include the following information: 1. Hearing Information. a. The date, time, and place of the hearing and the name of the Review Authority; b. A general description of the City's procedure concerning the conduct of the public hearing; C. A statement that written comments may be submitted to the Director prior to the hearing; January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 29 d. A statement that any interested person or authorized agent may appear and be heard at the public hearing; 0 C. The phone number, street address, and website of the City, where an interested person can call or visit to obtain additional information; and f. Prior action by an Approving Authority, if applicable. 2. Project Information. a. The name of the applicant; b. The application number(s); C. A general description of the project and location of the subject property; and d. A statement that the Review Authority will also consider the project's environmental document, if applicable. B. Distribution. Notice shall be provided as follows: Publication. Notice shall be published once in a newspaper of general circulation as determined by the City. The publication shall be at least 21 calendar days • before the scheduled hearing, unless stated otherwise in this Code. 2. Mailing. Notice shall be mailed by first class mail no less than 21 calendar days before the scheduled hearing to the following, unless stated otherwise in this Code: a. Owner(s) and Applicant. The owner(s) of the subject property, the applicant and the applicant's agent, if one has been provided. b. Surrounding Properties. 1. Unless otherwise indicated in this Code, all owners of property located within a 1,000 -foot radius of the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll. ii. Multi -Unit Housing. In the case of where multi -unit housing (a structure containing more than one dwelling unit) exists within the required noticing radius, a notice addressed to "Occupant" shall be mailed to each dwelling unit, in addition to those mailed to the owner when the dwelling unit's address is different than the January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 30 r1 L.J owner's address. For this chapter a mobile home park shall be • considered a multi -unit housing complex. iii. If the project site is located within a multiple tenant commercial or industrial center, all tenants within the center shall also be mailed the notice. C. Persons Requesting Notice. A person who has filed a written request for notice with the Director within one year prior to the public hearing. d. Additional Notification Radius Requirements. In the case of a conditional use permit, a written notice shall be transmitted to the Council. e. Exception. In lieu of the public mailing provisions as indicated above, public hearings that require public notifications that identify more than one thousand (1,000) property owners to be noticed by mail, the Director shall require that a larger advertisement (minimum one-eighth (1/8) page) be placed in the newspaper of general circulation in lieu of individual mailings to property owners. f. The Director may require additional notification requirements such as additional site posting and increased notification radius based upon the possible impacts of the proposed project. • 3. Notice Sign Posting. Where required by the application type, notice shall be posted on the subject property at least 14 calendar days before the scheduled public hearing in the following manner, unless otherwise stated in this Code. a. Dimensions, Materials, and Content. The size, height, materials, colors, content and lettering of the notice sign shall adhere to the specifications described in the checklist by the Department. b. Location. One sign shall be erected on each public road frontage adjoining the subject property, legible and accessible by foot from said public road(s). Additional signs may be required by the Director, based on the size and location of the project. The sign(s) shall not create sight distance problems along the adjacent rights-of-way. If the subject property is not visible from an existing public road, the sign posting requirement may be modified by the Director. C. Additional Posting Requirements. The Director may require sign(s) to be larger and/or constructed of stronger weather-proof materials to improve visibility and legibility at the posted location(s) as the Director deems appropriate. • January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 31 d. Verification. The applicant shall provide the Director with a photograph showing the sign(s) erected on the subject property. The applicant shall • also sign an affidavit stating that the sign(s) have been placed on the subject property in compliance with subsection (B) (3). e. Maintenance and Display. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and continuously displaying the sign prior to the public hearing. f. Removal. The sign(s) shall be removed from the subject property within three weeks following the close of the final public hearing. g. Failure to Comply. Failure of the applicant to comply with subsection (B) (3) shall result in postponement of the public hearing. h. Exception. The sign posting provisions of this subsection (B) (3) shall not apply to public hearings on matters initiated by the Director, Commission or Council. The Director may post signs for such public hearings at locations deemed appropriate. C. Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the Review Authority. 17.06.115 Hearing Officer Administrative Hearing Procedure. • When this Code requires an administrative hearing by the hearing officer, it shall be conducted in compliance with this chapter. A. Time and Location. As determined by the Director, an administrative hearing shall be held at the date, time, and location for which notice was given. B. Continued Hearing. 1. An administrative hearing may be continued without further notice, provided that the Review Authority announces for the record, the date, time, and location where the hearing will be continued before the adjournment of the hearing. 2. If the administrative hearing is continued to an undetermined date, or taken off the calendar, the applicant may be required to pay for the cost of a rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06. 100 (Type I Public Noticing). 17.06.120 Public Hearing Procedure. When this Code requires a public hearing, it shall be conducted in compliance with this chapter January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 32 • • • A. Time and Location. As determined by the Director or City Clerk, a hearing shall be held at the date, time, and location for which notice was given. B. Continued Hearing. A hearing may be continued without further notice, provided that the Review Authority announces for the record, the date, time, and location where the hearing will be continued before the adjournment of the hearing. 2. If the public hearing is continued to an undetermined date, or taken off the public hearing calendar, the applicant may be required to pay for the cost of a rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). 17.06.130 Findings and Decision. A. Authorized Actions. The Review Authority may approve, conditionally approve, or deny the application. B. Required Findings. The Review Authority shall approve the application only after the applicant substantiates the following required findings: 1. The proposal is consistent with the General Plan; 2. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of this Code; 3. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and, 4. The proposal is physically suitable for the site. The factors related to the proposal's physical suitability for the site shall include, but are not limited to, the following: a. The design, location, shape, size, and operating characteristics are suitable for the proposed use; b. The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate; January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 33 C. Public protection services (e.g., Fire protection, Sheriff protection, etc.) are readily available; and • d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. C. Additional Findings. In addition to the findings stated in subsection (B), above, additional findings may be required for individual entitlements found in this Code. D. Failure to Substantiate Findings. The Review Authority may deny the application where the information submitted by the applicant and/or presented at the public hearing fails to substantiate all of the required findings to the satisfaction of the Review Authority. 17.06.140 Recommendations after Public Hearing. A. Commission. 1. After the Commission's public hearing on a legislative action or action requiring a Council action, the recommendation and findings of the Commission shall be forwarded to the Council unless the Commission denies the request. 2. After the Commission's public hearing on a discretionary application, which is heard concurrently with a legislative or other entitlement requiring a Council • action, the recommendation and findings of the Commission on the legislative and quasi-judicial matters shall be forwarded to the Council concurrently unless the Commission denies the request. B. Copy of Recommendation to Applicant. A copy of the recommendations shall be mailed to the applicant at the mailing address stated in the application. 17.06.150 Decision after Administrative Hearing or Public Hearing. A. Hearing Officer Action. At the conclusion of an administrative hearing, the Hearing Officer shall take action on the application. The decision is final unless the decision is appealed to the Commission. B. Commission Action. At the conclusion of a public hearing, the Commission shall take action on the application. The decision is final unless the Commission's action is advisory to the Council, or the decision is appealed to the Council. C. Council Action. At the conclusion of a public hearing, the Council shall take action on the application. The decision of the Council shall be final on any matter. 17.06.160 Notice of Action and Findings. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 34 A. Once the Review Authority takes action on a discretionary application, it shall issue a • Notice of Action. The Notice of Action shall describe the action taken, list the findings that were the basis for the decision, and include any applicable conditions. B. Findings, where required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports and other materials that constitute the administrative record and shall be stated in writing. C. The Director shall mail the Notice of Action to the applicant in compliance with Sections 17.06.140 (B) (Copy of Recommendation to Applicant). 17.06.170 Effective Date of Decision. A. The decision of the Review Authority shall be effective on the 15th calendar day following the date of the decision, except when the decision is appealed or a request for a certification of review is initiated by the Appeal Body, according to Table 17.06-1 (Review Authority) before the effective date of the decision. When a case is heard before the Council, the action is final on the date of the decision. However, in the case of a legislative action, the project is effective 30 days after the second reading of the ordinance by the Council. B. If the last day to file an appeal or certification of review falls on a non -business day for the Appeal Body, then the deadline is extended to the next business day and the effective date of the decision is also extended to the following business day. C. Appeals or certification of review shall be filed pursuant to Chapter 17.07 (Appeals and Certification of Review). 17.06.180 Scope of Approvals. A. Only legally established uses and development, authorized by a permit issued from the Department, may be used on a property. All other uses and activities are not permitted unless they are permitted by the underlying zone. B. Unless otherwise specified by the Review Authority, the approved site plan, floor plans, building elevations, and any additional items considered for approval during the process shall be deemed part of the approval by the Review Authority. C. For a Class I application, an approval or denial may be in the form of a stamp, signature, electronic stamp, or other official notation or documentation on the site plan and/or in the form of a letter. D. For Class 11, Class III, Class IV, Class V and Class VI applications, the plans, upon approval by the Review Authority, shall be stamped and referred to as "Approved Site Plan." Unless otherwise indicated in the approval, the approved site plan shall not be • stamped approved until the permit has become effective in compliance with Section January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 35 17.06.170 (Effective Dale of Decision), all performance guarantees and covenants in compliance with Section 17.06.220 (Performance Guarantees and Covenants) and any • applicable conditions of approval have been completed. E. If the use or structure is contrary to the description in the application, so as to either violate this Code and/or the conditions of approval, or require additional permits, then the approval shall be deemed null and void. Enforcement measurements will be taken until the violation is corrected. F. All permits may be subject to periodic review to determine compliance. If a condition specifies that uses allowed under the permit are subject to periodic reporting, monitoring or assessments, or a time limitation, it shall be the responsibility of the property owner and their successors to comply with these conditions. 17.06.190 Conditions of Approval. In approving any discretionary application, the Review Authority may impose conditions deemed reasonable and necessary to ensure that the permit will be in compliance with the findings required by Section 17.06.130 (Findings and Decision). 17.06.200 Use of Property Before Final Action. Any property involved in a discretionary application shall not be used for the use requested in an application until, and unless, the permit has become effective, in compliance with Section • 17.06.170 (Effective Date of Decision) and an approved site plan has been issued by the Department in compliance with Section 17.06.180 (Scope of Approvals). 17.06.210 Approvals Run with the Land. Unless specifically prohibited by this Code, any approval granted pursuant to the provisions of this Code, and that is valid and in effect, shall adhere to the land. The approval, including any applicable conditions or requirements, shall continue to be valid upon change of ownership of the subject land or any lawfully existing structure from the effective date of the permit, except when a permit expires and becomes void in compliance with this chapter or as otherwise specified in the conditions of approval. 17.06.220 Performance Guarantees and Covenants. Approval of an application may require that the permittee guarantee, warrant or ensure compliance with the provisions of this Code; approved plans or conditions. To ensure compliance, the City may require the permittee to: A. Record the terms and conditions of the approval with the Registrar-Recorder/County Clerk. Upon any transfer or lease of the property during the term of this grant, the permittee shall provide a copy of the permit approval and its conditions to the transferee or lessee; • January 2013 ( DRAFT Division 17.00—General Procedures (17.01-17.09) Page 36 B. Deposit a financial assurance or bond or other mechanism in a reasonable amount, as determined by the Director or City Engineer, to ensure the faithful performance of one or more of the conditions of approval; C. Record a covenant restricting the use of the subject property (e.g., limitations on occupancy or maintenance of affordability) with the Registrar-Recorder/County Clerk; or D. Record a covenant guaranteeing use and maintenance on a separate property necessary to comply with requirements (e.g. adequate access) with the Registrar-Recorder/County Clerk. 17.06.230 Time Limits and Extensions. A. A permit shall be used within the time limit specified in the permit, or, if no time limit is specified, two years after the date the decision is made by the Review Authority. If the permit is not used within the applicable time limit, the approval becomes null and void. B. The Director may extend the time limit in which to initiate a permit for a maximum of one year at a time. An application requesting the extension shall be filed prior to the expiration date. A maximum of two one-year extensions may be granted by the Director. Subdivisions shall be limited to the requirements of the Subdivision Map Act. • C. In the case of applications heard concurrently with a land division, the limits and extensions shall be concurrent and consistent with those of the land division. D. In the case of a permit for a publicly owned use, no time limit shall apply to use the approval provided that the public agency acquires the property involved or commences legal proceedings for its acquisition, within one year of the effective date of the approval. E. A permit shall be considered used when activity authorized by the permit has commenced that would otherwise be prohibited in the underlying zone if no permit had been granted. For this subsection (E), activity shall include grading with required grading permits, construction with required building permits, or the commencement or initiation of the permitted use. F. A discretionary permit shall automatically cease to be of any force and effect if the use for which the permit was granted has ceased or has been suspended for a consecutive period of two or more years. 17.06.240 Resubmission of Application. No discretionary application shall be filed or accepted if a denial has been taken within one year on an application requesting the same, or substantially the same application unless, the Review Authority finds that the denial was without prejudice. ® January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 37 Chapter 17.07 Appeals or Certification of Review SECTIONS: 17.07.010 Purpose. 17.07.020 Authorization. 17.07.030 Filing of Appeals. 17.07.040 Initiation of Appeals. 17.07.050 Initiation of Certification of Review. 17.07.060 Procedures for Appeals and Certification of Review. 17.07.070 Additional Procedures for Appeals to the Council. 17.07.080 Effective Dates. 17.07.010 Purpose. The purpose of this chapter is to provide procedures for the appeal and certification of review of determinations and decisions of the Review Authority. 17.07.020 Authorization. A. Appeals. To avoid results inconsistent with the purposes of this Code, unless otherwise specified or limited by specific provisions of this Code, decisions of the Director may be appealed to the Hearing Officer; decisions of the Hearing Officer may be appealed to the • Commission; and decisions of the Commission may be appealed to the Council. B. Certification of Review. To avoid results inconsistent with the purposes of this Code, decisions of the Director or Hearing Officer may be certified for review by the Commission; and decisions of the Commission may be certified for review by the Council, unless otherwise more specifically stated regarding a specific permit or review. 17.07.030 Filing of Appeals. A. Eligibility. Any interested person dissatisfied with the action of the Review Authority may file an appeal to the next higher Review Authority in compliance with this chapter, unless otherwise specified or limited by this Code. B. Time Limits. Appeals of decisions and certification of review shall be initiated prior to the effective date of the decision. However, if the deadline for initiation of an appeal or call of review falls on a non -business day for the relevant appel body, then the deadline for an appeal or certification of review is extended to the next business day and the effective date of the decision shall be the following day. 17.07.040 Initiation of Appeals. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 38 • i A. Filing. An appeal shall be filed with the Commission Secretary in the case of the Hearing Officer and Commission or the City Clerk in the case of the Council in the form of a letter, along with any accompanying appeal fee, and shall state specifically: 1. A determination or interpretation is not in accord with the purposes of this Code; or 2. It is claimed that there was an error or abuse of discretion; or 3. The record includes inaccurate information; or 4. A decision is not supported by the record. B. Required Information. An appeal shall contain the following information: 1. The file or case number identifying the matter which is being appealed; and 2. The street address of the property included in the action being appealed or if no street address, the legal description or the Assessor's Parcel Number of the property; and 3. Whether the appeal is: a. An appeal of the denial of such application; or b. An appeal of the approval of such application; or C. An appeal of a condition or conditions of an approval (specifying the particular condition(s)); and 4. Any other information that is requested on the appellate body's appeal form. C. Appeal Vacates Decision. The filing of an appeal vacates the decision from which the appeal is taken. Such decision is only reinstated if the appellate body fails to act, the appeal is rescinded or the Review Authority affirms the decision in its action. D. Appeal Rescinded. An appellant may submit a written request to withdraw their appeal anytime up to seven (7) 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 seventh day prior to the scheduled appeal hearing, the hearing shall be conducted by the Review Authority. 17.07.050 Initiation of Certification of Review. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 39 A. A certification of review may be initiated for a decision on any discretionary application by one or more of the members of the next level of designated Review Authority. For decisions of the Director or Hearing Officer a certification of review may be requested by any one member of the Commission; and for decisions of the Commission a certification of review may be requested by any one member of the Council. A certification of review shall be made no later than one day prior to the day on which an appeal of the decision is due pursuant to Section 17.07.030 (Filing of Appeals). B. Certification shall not require any statement of reasons, and shall therefore, not represent opposition to or support of an application. No fee shall be required. 17.07.060 Procedures for Appeals and Certification of Review. A. Hearing Dates. The appeal body may delegate the setting of hearing dates to the Commission Secretary or City Clerk. B. Notice and Public Hearing. An appeal or certification of review hearing shall be a public hearing if the decision being appealed or reviewed required a public hearing. 2. Notice of public hearings shall be given in the manner required by Section 17.06.110 (Type II Public Noticing (Public Hearing)). C. Plans and Materials. 1. At an appeal or certification of review hearing, the appeal body shall consider only the same application, plans and materials that were the subject of the original decision. 2. if new plans and materials which differ substantially from the original are submitted, the applicant shall file a new application. Changes to the original submittal made to meet objections by the staff, the decision -maker, or members of the public at the hearing below need not be the subject of a new application. 3. As part of the decision, the appeal body may impose additional or modify conditions on a project in granting approval to a modified project. D. Hearing. Notwithstanding Title 2 (Administration and Personel) of the Municipal Code an dteh procedures provided therein, at the public hearing, the appeal body shall consider the matter directly by reviewing the record of the decision below, receiving a report from the Director, and hearing testimony from the applicant, the appellant in the case of an appeal, and any other interested party and, at their discretion, the party or body whose decision is being appealed or reviewed. The appeal body shall conduct a "de novo" review of the record and all testimony and shall not be bound by the findings of the original Review Authority. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 40 • C� • E. Decision and Notice. After the hearing, the appeal body shall render a decision on the application or refer the matter back for further review. 2. When a decision is made by the appeal body, the body shall base the decision on findings supported by facts in the record. When a referral is made by the appeal body, the referral shall indicate the absence of facts in the record that prevent the making of a final decision and the need to develop such facts at the original review authority level. 3. The Commission Secretary or City Clerk of the appeal body shall mail notice of the decision within five working days after the date of the decision to the applicant, and the appellant pursuant to Section 17.06.110 (Type II Public Noticing (Public Hearing)). 17.07.070 Additional Procedures for Appeals to the City Council. In addition to the foregoing procedures, upon receiving an appeal or initiating a certification of review, the Council may take one of the following additional actions: A. Affirm the action of the Commission without holding any hearing on the matter; or B. Refer the matter back to the Commission for further proceedings with or without instructions; or C. Require a transcript of the testimony and any other evidence relevant to the decision and take such action as in its opinion is indicated by the evidence. 17.07.080 Effective Dates. Unless otherwise specified in this chapter, the following effective dates shall apply to all approved applications issued pursuant to this Code: A. Except as set forth in subsection (B), below, the decision of the Director, Hearing Officer, or the Commission shall be effective on the 16th calendar day following the date of the decision, except and unless the decision is timely appealed or a request for a certification of review, where available. B. To be timely, an appeal or certification of review shall be filed before the end of the business day on the 15th calendar day following the date of the decision. If the 15th day falls on a non -business day of the applicable appeal body, in which case, the appeal deadline shall be extended to the next business day and the effective date of the decision shall be the following business day. January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 41 Chapter 17.08 Revocations and Revisions SECTIONS: 17.08.010 Purpose. 17.08.020 Initiation. 17.08.030 Allowable Actions. 17.08.040 Project Notice and Required Actions. 17.08.050 Grounds for Revocation or Revisions. 17.08.060 Nonconforming Uses and Structures. 17.08.070 Commercial and Industrial Uses. 17.08.080 Variances and Adjustments. 17.08.090 Conditional Use Permit and Minor Use Permit. 17.08.010 Purpose. This chapter establishes procedures for the City to revoke or revise previously approved permits. These include existing land uses which have become public nuisances or are being operated or maintained in violation of this Code, approved permit provisions, or any other provision of law. These actions, which supplement the enforcement provisions in the Municipal Code, are intended not only to serve a corrective purpose, but also as a deterrent to violating this Code. This chapter does not address modifications to approved permits that are being requested by the permittee. 17.08.020 Initiation. Hearings on revocations or revisions of permits may be initiated: A. If the Council collectively instructs the Commission to set the matter for a public hearing; or B. Upon the initiative of the Commission, or, C. Upon the initiative of the Director. 17.08.030 Allowable Actions. A. Revocations. The City's action to revoke a permit or approval shall have the effect of terminating the permit and denying the privileges granted by the original approval. B. Revisions, 1. The City's action to revise a permit instead of revocation may include revising or changing any permit conditions or operational aspect of the project, including, buffers, duration of the permit or entitlement, hours of operation, landscaping and January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 42 n u • • maintenance, lighting, parking, performance guarantees, property maintenance, • signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the permit is used in a manner consistent with the original findings for approval. 2. Permit revisions prescribed in this chapter are initiated by the City. Permit revisions requested by the applicant or permitee, shall be in compliance with Chapter 17.09 (Minor Permit Modifications). 17.08.040 Project Notice and Required Actions. A. Public Hearing. In all cases where a revocation or revision is initiated per Section 17.08.020 (Initiation), a public hearing shall be scheduled before the Commission. B. Procedures. Procedures relative to notification, public hearing, and appeal shall comply with Chapter 17.25 (Class IV Applications — Discretionary), unless stated otherwise in this chapter. C. Notice. The Director shall give notice to the record owner and the lessee, if applicable, of the real property affected: To appear at a public hearing at a time and place fixed by the Commission; and • 2. At the public hearing, to show cause why the permit should not be revoked or revised, or why the use, building, or structure should not be modified, discontinued, or removed, as the case may be. • D. The Commission shall hold a public hearing and shall give notice of such public hearing in compliance with Section 17.06.1 10 (Type II Public Noticing (Public Hearing)). E. The Commission may approve, modify, disapprove, or refer to the Council, a revocation or revision of a permit or approval. Any action shall be supported by the written grounds for the revocation or revisions prescribed in this chapter. F. The Commission shall serve a notice of its action in compliance with Section 17.06.160 (Notice of Action and Findings). G. At the conclusion of a public hearing, the Commission shall take action on the application. The decision is final unless the decision is appealed to the Council. 17.08.050 Grounds for Revocation or Revisions. After a public hearing, as provided for in this chapter, the Commission may revoke or revise any approval which has been granted by the Review Authority, in compliance with either the provisions of this Code or on any one or more of the following grounds: January 2013 1 DRAFT Division 17.00 —General Procedures (17.01-17.09) Page 43 A. That such approval was obtained by fraud; B. That the use for which such approval was granted is not being used, has ceased or has been suspended for six months or more; C. That any person making use of or relying upon the permit, variance or other approval is violating or has violated any conditions of such permit, or has been used contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation; D. That the use for which the approval was granted is being used to be detrimental to the public health or safety, or is a public nuisance; or E. Upon final judgment of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more conditions of approval, the permit or entitlement shall cease to be valid. 17.08.060 Nonconforming Uses and Structures. In addition to the grounds for revocation or revisions contained in Section 17.08.050 (Grounds for Revocation or Revisions), a nonconforming use or structure may be revoked or revised after a public hearing if the Commission finds: A. That the condition of the improvements, if any, on the property requires the property be • used only for uses permitted in the underlying zone where it is located and would not impair the constitutional rights of any person; and B. That the nature of the improvements are such that they can be altered to be used in conformity with the uses permitted in the underlying zone in which such property is located, without impairing the constitutional rights of any person. 17.08.070 Commercial and Industrial Uses. A. Findings. The Commission my revoke or require a revision of a commercial or industrial use if the Commission finds that as operated or maintained such use: 1. Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area; or 2. Constitutes a public nuisance; or 3. Has resulted in repeated nuisance activities including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive _ January 2013 1 DRAFT 14W Division 17.00 — General Procedures (17.01-17.09) Page 44 littering, illegal parking, loud noises in late night or early morning hours, traffic isviolations, curfew violations, lewd conduct, or police detentions and arrests; or 4. Violates any provision of any county, state, or federal regulation, ordinance or statute. B. Violation. It shall be unlawful to violate or fail to comply with any requirement or condition imposed by the Review Authority pursuant to this chapter. Such violation or failure to comply shall constitute a violation of this Code and shall be subject to the same penalties as any other violation of this Code. 17.08.080 Variances and Adjustments. A variance or adjustment may be revoked or revised by the Review Authority, if the Review Authority makes any one of the following findings: A. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings cannot be made, and the grantee has not substantially used the rights granted by the variance or adjustment; or B. One or more of the conditions of the variance or adjustment have not been met within the time limits prescribed in Section 17.06.230 (Time Limits and Extensions), or have been violated, and the grantee has not substantially used the rights granted by the variance or • adjustment. 17.08.090 Conditional Use Permit and Minor Use Permit. Any conditional or minor use permit granted or approved under this Code shall be granted or approved, with the City's designated Approving Authority retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, change of use, or impacts to surrounding uses or landowners not previously considered at the time of original approval. These changed circumstances could create nuisances to adjacent uses or the community in general including, but not limited to, litter, noise, traffic, and parking impacts. The reservation of right to review any permit granted or approved under this Code by the City's designated approving body is in addition to, and not in lieu of, the right of the City's Review Authority to review and revoke or modify any permit granted or approved under this Code for any violations of the conditions imposed on such permit. ® January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 45 Chapter 17.09 Minor Permit Modifications • SECTIONS: 17.09.010 Purpose. 17.09.020 Applicability. 17.09.030 Findings. 17.09.040 Conditions of Approval. 17.09.010 Purpose. This chapter establishes procedures and requirements for minor modifications or elimination of certain condition(s) of a previously approved Class II through Class IV application without requiring a new application. 17.09.020 Applicability. A. Application. All expansions or minor permit and/or condition modifications of permitted uses or structures, including accessory uses and structures, are subject to the following requirements unless specifically prohibited in the original approval: I. Any expansion or other minor modification of a Class II approval requires a determination by the Director that such request is in substantial conformance with • the permitted use. Expansions may be subject to development review to the satisfaction of the Director. 2. A cumulative expansion of ten (10) percent or less of approved building area or approved site area for a Class III and IV approval shall be permitted by right. Such expansions require a determination by the Director that such request is in substantial conformance with the conditionally permitted use. Expansions may be subject to development review to the satisfaction of the Director. 3. A cumulative expansion of ten (10) percent to fifty (50) percent of approved building area or approved site area for such use shall be subject to a Class III application for both Class III and Class IV approvals. 4. A cumulative expansion greater than fifty (50) percent of approved building area or approved site area for such use shall be subject to the approval of a new Class III or Class IV application whichever the appropriate entitlement is. B. Prohibited Modifications. Minor permit modifications are prohibited for the following and require a new application to be submitted: 1. Class IV applications for Oak Tree Permits and the selling of alcohol for both off and on site consumption; January 2013 1 DRAFT Division 17.00—General Procedures (17.01-17.09) Page 46 0 E 2. Any modification to a variance or adjustment; 3. Any modification to a Class V application; 4. . Any modification to a Class VI application; 5. Any modification to a Class VII application; or, 6. A substantial alteration or material deviation from the terms and conditions of the previously approved discretionary permit. 17.09.030 Findings. The Review Authority shall approve the minor permit modification where the applicant substantiates the following findings: A. That the required findings for the original application have been satisfied as required by Section 17.06.130 (Findings and Decision); B. That approval of the minor permit modification will not substantially alter or materially deviate from the terms and conditions imposed in the granting of the previously approved permit; and C. That approval of the minor permit modification is necessary to allow the reasonable operation and use granted in the previously approved permit. 17.09.040 Conditions of Approval. A. The Review Authority may impose new conditions deemed reasonable and necessary to ensure that the minor permit modification is in compliance with the findings of the approved permit. B. In addition to Section 17.09.020 (B) (Prohibited Modifications) and subsection (A), above, the Review Authority shall not modify or eliminate a condition specified as mandatory in this Code or a condition which may only be modified pursuant to the approval of a variance. January 2013 1 DRAFT Division 17.00 — General Procedures (17.01-17.09) Page 47 • 0 Division 17.10 Definitions Chapter 17.11 Definitions January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 1 0 i January 2013 1 DRAFT Division 17.10—Definitions (17.11) Page 2 • Chapter 17.11 Definitions SECTIONS: 17.11.010 Purpose. 17.11.020 Definitions (A -Z). • 17.11.010 Purpose. It is the purpose of this chapter to provide definitions of terms and phrases used in the Code that are technical or specialized, or that may not reflect common usage. If a definition in this chapter conflicts with a definition in another provision of the Santa Clarita Municipal Code, these definitions shall control for the purposes of the Code. If a word is not defined in this chapter, or in other provisions of the Municipal Code, the Director shall determine the correct definition, giving deference to common usage. 17.11.020 Definitions. Words, phrases and terms used in this Code have the meaning assigned to them by the Director. Any interpretation of a word, phrase or term shall be in conformance with Chapter 17.04 (Interpretations). Definitions, "A. " Abut. Two (2) adjoining parcels of property with a common property line, including two (2) or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way, which shall be considered street frontage. "Adjacent' or "contiguous" shall mean the same as abutting. Access or access way. The place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Code. Accessory building or structure. A detached subordinate building or structure, the use of which is incidental to that of the main building or main use of the land, which is located on the same lot or parcel of land and is located in the same zone as the main building or use. Accessory use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. Activity area. A neighborhood -serving retail center, generally located in a residential area, with supportive commercial uses such as grocery stores, restaurants, personal services, and retail sale of specialty goods. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 3 Adult. A person who is eighteen (18) years of age or older. Adult Business. The following terms and phrases are defined for the purposes of Chapter • 17.61 (Adult Business Regulations). 1. Adult bookstore. An establishment that devotes more than fifteen (15) percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock -in -trade and does not devote more than fifteen (15) percent of the total floor area of the establishment to the sale of adult only books and periodicals. 2. Adult cabaret. A nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 3. Adult hotel or motel. A hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 4. Adult motion picture arcade. Any place to which the adult public is permitted or invited where coin or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image -producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation of patrons. 5. Adult motion picture theater. An establishment, with the capacity of five (5) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of • January 2013 1 DRAFT Division 17.10— Definitions (17.11) Page 4 material which is characterized by an emphasis upon the depiction or description of • specified sexual activities or specified anatomical areas for observation by patrons. 6. Adult tanning salon. A business establishment where patrons receive tanning services in groups of two (2) or more and where patrons, employees, or independent contractors thereof of the establishment expose specified anatomical areas. "Adult tanning salon" or "parlor" shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose "specified anatomical areas." An "adult tanning salon" or "parlor" shall also include a business establishment where the employees or independent contractors thereof are nude or expose "specified anatomical areas." 7. Adult novelty store. An establishment having, as a substantial portion of its stock -in - trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate, "specified anatomical areas," or "specified sexual activities," or goods which are designed to be placed on or in "specified anatomical areas," or to be used in conjunction with "specified sexual activities," to cause sexual excitement, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas. 8. Anatomical Areas. See "Specified anatomical areas." • 9. Employee. A person who works or performs in and/or for an adult business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and regardless of technical status as employee or independent contractor. 10. Escort. A person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 11. Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip, or other consideration. 12. Individual viewing area. A viewing area designed for occupancy by one person. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area. 13. Massage parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation, or service related thereto, exposes "specified anatomical areas." The definition of "adult business" regarding the January 2013 1 DRAFT Division 17. 10 —Definitions (17.11) Page 5 "practice of massage" does not apply to any licensed physician, surgeon, chiropractor or osteopath office, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. 14. Nude or state of nudity. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast. 15. Permitted or licensed premises. Any premises that requires a license and/or permit and that is classified as an adult business. 16. Private viewing area. An area or areas in an adult business designed to accommodate no more than five (5) patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area. 17. Regular and substantial course of conduct shall mean: a. Devoting more than fifteen (15) percent of total display area to the display of sex -oriented merchandise or sex -oriented material; or b. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any ten (10) or more separate or consecutive days within any thirty (30) day period; or C. Deriving at least fifty (50) percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 18. Semi-nude. A stage of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. 19. Semi-nude model studio. Any place where a person, who appears semi-nude or displays "specified anatomical areas," is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. 20. Sex -oriented material. Any sex -oriented merchandise, or any book, periodical magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by January 2013 1 DRAFT • Division 17. 10 —Definitions (17.11) Page 6 an emphasis on matter depicting, describing, or relating to specified sexual activities • or specified anatomical areas. 21. Sex -oriented merchandise. Includes but not be limited to dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas. 22. Sexual encounter establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical area. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments. 23. Specific anatomical areas shall mean: a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or • b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 24. Specified criminal acts. Acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult business including but not limited to distribution of obscenity or material harmful to minors, prostitution, or pandering. 25. Specified sexual activities shall mean: a. The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or C. Masturbation, actual or simulated; or d. Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (c) of this definition. 26. Substantial enlargement of an adult business. An increase in the floor areas occupied by the business by more than fifteen (15) percent as the floor areas exist on effective • date of the ordinance codified in this definition. January 2013 1 DRAFT Division 17.10— Definitions (17.11) Page 7 27. Transfer of ownership or control of an adult business shall mean and includes any of the following: a. The sale, lease or sublease of the business; or b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or C. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. 28. Waiter or waitress. A man or woman who waits on tables. Alley. Any highway as defined in Chapter 12.08 (Definitions) of the Santa Clarita Municipal Code, having a width of less than twenty-six (26) feet, not provided with a sidewalk or sidewalks. Ambient noise level. General noise level in the area at the given time. Antenna. Typically a metallic device used in communications which transmits or receives radio signals. • Antenna equipment. A cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna. Antenna height. The vertical distance from the existing or proposed grade, whichever is lower, to the top of the antenna or its support. Antique. A work of art, piece of furniture, or decorative object made at an earlier period and at least fifty (50) years in age. Apartment. A dwelling unit in an apartment house. Apartment house. A building, under the same ownership, containing three (3) or more dwelling units, designed for occupancy by three (3) or more families living independently of each other. Approving Authority. The Approving Authority is the decision maker who ultimately approves the project. Architectural treatment. Shall include any parapet, projection, cornice, screen wall, etc., that is used to provide articulation when breaking up building massing. Signs shall not be considered an architectural treatment and must be designed in accordance with this Code. January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 8 ® Area of benefit. A specified area wherein it has been determined that the real property located therein will benefit from the construction of a bridge and/or major thoroughfare or other designated improvement. Area of special flood hazard. The land in a floodplain, as identified by the Flood Insurance Rate Map (FIRM) of Los Angeles County, subject to a one percent or greater chance of flooding in any given year. Attached. Any building or structure that has a wall or roof in common with another building or structure. Attic. That part of a building that is immediately below and wholly or partly within the roof framing and not accessed by permanent fixed stairs, ladders, or other such equipment from the floor below. Definitions, 'B. " Base or underlying zone. The primary zone established on the official zoning map of the City as an alpha symbol on the property or lot. All requirements of the base zone must be met in addition to any overlay zone and special uses and conditions of this Code. Basement. Defined as a story, that is either partly or completely underground. When • calculating the number of stories of a structure, a basement shall be counted when greater than one-half (1/2) of any given side is above grade. When calculating height of a structure, measurement shall be taken from the lowest point of the building to the highest and shall always include any exposed portion of a basement. • Block. The parcels or buildings contained within a segment of a street bounded by consecutive cross streets or intersections. Bridge facility. Any crossing for a highway or local road, involving a railway, freeway, stream or canyon, which is required by the General Plan. Buildable area. A legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this Code, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof. Building. Anything constructed having a roof supported by columns or walls for the purpose of housing, shelter or enclosure. Building Code. The adopted building code for the City of Santa Clarita and all amendments with the Municipal Code and as approved by the Council. January 2013 1 DRAFT Division 17. 10 — Definitions (17.11) Page 9 Building Official. The Director of Public Works or the duly appointed person in charge of the administration of the building codes. Building site. That portion of the lot or parcel of land upon which the building and appurtenances are to be placed, or are already existing, including adequate areas for sewage disposal, clearances, proper drainage, appropriate easements and, if applicable, the requirements of other ordinances. Definitions, "C. " California Coordinate System. The coordinate system as defined in Sections 8801 through 8819, inclusive, of the California Public Resource Code. The specified zone for the City of Santa Clarita is "Zone 5" of CCS83 and the official datum is the "North American Datum of 1983." Canopy. A small roof or awning attached to the wall of a structure which is supported by no means other than its attachment to the wall. Caretaker. A person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision, or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land. Carport. Any structure or portion of a building or structure open on three (3) sides, other than an attached or detached garage, used to shelter vehicles. Centerline. The centerline established by the City Engineer for any proposed or dedicated public way which, in whole or in part, is included in any such highway. Certificate of compliance. A document describing a unit or contiguous units of property and stating that the property complies with applicable provisions of the State Subdivision Map Act and City ordinances enacted pursuant thereto. Cit . The City of Santa Clarita, a municipal corporation. City Engineer. The Director of Public Works or the duly authorized representative(s). City Surveyor. The City Engineer or the duly authorized representative(s). Civil Engineer. A professional engineer registered in the State to practice in the field of civil engineering. Civil Engineering. The application of knowledge of the forces of nature, principles of mechanics, and properties of materials, to the evaluation, design, and construction of civil works. January 2013 1 DRAFT Division 17.10—Definitions (17.11) Page 10 Club. An association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service as a business for profit. Cluster development. The concentration of dwelling units on a portion or portions of a lot or parcel of land resulting in the remainder of said lot or parcel being free of buildings or structures, as opposed to development spread throughout the entire lot or parcel. Such development shall be accomplished by computing density on a project level rather than a parcel -by -parcel basis, and by the use of smaller lots than are customarily permitted in the zone in which the development is proposed, while retaining the remaining portion of such lot or parcel in permanent open space. Commission. The Planning Commission of the City of Santa Clarita. Community apartment. A development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building or buildings on such real property, such as an apartment, detached single family residence, office, or store. Condominium conversion. The conversion of rental units, residential, commercial, or • industrial units into a condominium project. • Contiguous parcel of land. Those units of land which border or abut each other on any side, and which are shown as such on the latest equalized assessment reveal of the County of Los Angeles. Land shall be considered as contiguous units, even if it is separated by utility easements or railroad rights-of-way. Council. The City Council of the City of Santa Clarita. County. The County of Los Angeles. County Recorder. The County Recorder of the County of Los Angeles. Crawl space. The space between bare soil and the underside of the first floor or basement of a structure. Crawl spaces shall not exceed a height of four (4) feet. In cases where the height exceeds four (4) feet, the area shall be considered a basement. Cul-de-sac. A street which is designed to remain permanently closed at one end. For the purpose of this Code, the length of a cul-de-sac shall be measured along the centerline of the cul-de-sac from the point where the centerline terminates within the turnaround to the right-of-way line of the street with which the cul-de-sac intersects. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page I1 Definitions, "D. " Density. The total number of dwelling units permitted on a gross acre of land exclusive of all existing public or private streets and rights-of-way. Developer. A person, firm, corporation, partnership, or association, or a combination thereof, who proposes development. Development. Any manmade change to improved or unimproved real estate, including but not limited to the construction of new or modification to existing buildings or other structures, mining, filling, grading, paving, excavation, or drilling operations. Development project. Any project undertaken for the purpose of development. Development project includes a project involving the issuance of any permit for construction or reconstruction, but not a permit to operate. Director. The Director of Community Development, or department in charge of administering Titles 16 and 17, of the City of Santa Clarita or duly authorized representative(s). Driveway. A paved (or unpaved in the Special Districts of Placerita and Sand Canyon and lots over a half acre) path of travel, connecting a public or private street to a garage, carport, accessory structure, side yard, or the same/adjacent public or private street. Definitions, "E. " Enclosed patio. Includes any improvement or addition which encloses an existing open air structure with the intention of expanding the floor area of the residence. Environmental document. Documentation prepared in accordance with the California Environmental Quality Act (CEQA) which can include, but is not limited to, an environmental impact report, mitigated negative declaration, or a negative declaration. Explosive. Any substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not be limited to, the following: 1. Substances determined to be Class A and Class B explosives, as classified by the United States Department of Transportation; 2. Nitro carbo nitrate substances (blasting agent), as classified by the United States Department of Transportation; 3. Any material designated as an explosive by the State Fire Marshall; January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 12 • r 1 L._J 4. Certain Class C explosives, as designated by the United States Department of • Transportation, when listed in regulations adopted by the State Fire Marshall. 5. The term "explosive" shall not include the following: a. Small arms ammunition of 0.75 caliber or less when designated as a Class C explosive by the United States Department of Transportation; b. Fireworks regulated under Part 2 (commencing with Section 12500) of Division 1 I of the Health and Safety Code. Definitions, "F. " Family. One (1) or more individuals living together as a single housekeeping unit in a single dwelling unit. Family shall also mean the persons living together in a licensed "residential facility" as that term is defined in California Health and Safety Code Section 1502(a)(1), which services six (6) or fewer persons, excluding staff. Fee. A monetary requirement, other than a tax or special assessment, which is charged by the City to the applicant in connection with approval of a development project for the purpose of defraying all or portions of the cost. Fire Department. The Fire Department for Los Angeles County or duly designated ® representative. Frontage, Building. The exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street, or highway. Building frontage shall be measured continuously along said building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall. Frontage, Street or Highway. That portion of a lot or parcel of land which borders a public street, or highway. Street or highway frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, or highway. Fuel-efficient vehicle. See "low -emitting vehicle." "Definitions, "G. " Garage. A detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles. Gate. Any barrier across a roadway that restricts the access of vehicles and/or pedestrians. For purposes of gating, a roadway shall also mean driveways. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 13 General Plan. The General Plan of the City, and shall consist of the General Plan maps and text and any amendments adopted by the Council. • Grading. The following terms and phrases are defined for the purposes of Division 17.80 Grading). 1. As built grading plan. A grading plan that is prepared at the completion of grading activities that demonstrates the as built conditions as required in Chapter 17.88 (Grading Designation and Location). 2. As graded. The surface configuration upon completion of grading. 3. Bedrock. The relatively solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of alluvium, colluvium, and/or soil. 4. Bench. A relatively level step that is excavated into earth material onto which fill is to be placed. 5. Best Management Practice (BMP). The practices, prohibitions of practices, or other activities to reduce or eliminate discharge of pollutants to surface water. BMPs include structural and nonstructural controls, management practices, operation and maintenance procedures, and system, design, and engineering methods. 6. Borrow. Earth material acquired from an off-site location for use in grading on a • site. 7. Borrow pit. Any place on a lot or parcel of land where dirt, soil, clay, decomposed granite or other similar material is removed by excavation or otherwise for any purpose other than surface mining operations or a grading project with off-site transport. 8. Clearing, brushing and grubbing. The removal of vegetation (grass, brush, trees, and similar plant types) by a mechanical means. 9. Compaction. The densification of a fill by mechanical or other acceptable means. 10. Cut slope (face). Any bank or slope that has been created by removing material below the pre-existing ground surface. 11. Design engineer. The civil engineer responsible for the preparation of grading plans for the site grading work. 12. Desilting basins. The physical structures constructed for the removal of sediments from surface water runoff. r, January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 14 13. Down drain. A device for collecting water from a Swale or ditch, which is located on ® or above a slope, and safely delivers water to an approved drainage facility. 14. Earth material. Any rock, natural soil, or fill, and/or any combination thereof. 15. Engineering geologic report. A report prepared under the supervision of an engineering geologist providing a geologic map of a site, information on geologic measurements, and exploration performed on the site and surrounding area and providing recommendations for remedial measures necessary to provide a geologically stable site for its intended use. 16. Engineering geologist. A person holding a valid certificate of registration as a Geologist in the specialty of Engineering Geology issued by the state of California under the applicable provisions of the Geologist and Geophysicist Act of the Business and Professions Code. 17. Engineering geology. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil work. 18. Erosion. The process by which the ground surface is worn away as a result of the movement of wind, water, and/or ice. 19. Erosion control system. Any combination of desilting facilities, retarding basins, and erosion protection, including effective planting and the maintenance thereof, to protect adjacent private property, watercourses, public facilities, and receiving waters from the deposition of sediment or dust. 20. Excavation. The removal of earth material by artificial means, which is also referred to as "cut". 21. Fault. A fracture in the earth's crust along which movement has occurred. A fault is considered active if the movement has occurred within the past eleven thousand (11,000) years (Holocene geologic time). 22. Field engineer. The civil engineer responsible for performing the functions as set forth in this Code. 23. Fill or embankment. Deposition of earth materials by artificial means. 24. Geohydrology. All groundwater, information, well development requirements and seepage evaluations appropriate to site development. 25. Geotechnical hazard. An adverse condition due to landslide, settlement, and/or slippage. These hazards include, but are not limited to, loose debris, slopewash, and . mud flows from natural, or graded slopes. January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 15 26. Geotechnical report. A report which contains all appropriate soil engineering, geologic, geohydrologic, and seismic information, evaluation, recommendations, and findings. This type report combines both engineering geology and soil engineering reports. 27. Grade. The vertical location of the ground surface. a. Existing or natural grade. The ground surface prior to grading. b, Final grade. The grading stage after the grading of the site is complete, all drainage devices are installed and all slopes have been planted. C. Finished grade. The final grade of the site at the conclusion of all grading efforts without installation of drainage devices, plantings and other required improvements. d. Initial grade. The grading stage after a site is cleared of all vegetation and unapproved fill materials. e. Rough grade. The grading stage after a site has been graded to the approximate final elevations and drainage devices have been installed. 28. Grading. Any process of excavation or fill or combination thereof. 29. Grading approval. The proposed work or completed work conforms to the provisions as set forth in the Code as determined by, and to the satisfaction of the City Engineer. 30. Grading contractor. A contractor licensed and regulated by the State who specializes in grading work or is otherwise licensed to do grading work. 31. Keyway. A compacted fill placed in a trench that is excavated into competent earth material, which is generally constructed at the toe of a slope. 32. Landslide. The downward and outward movement of soil, sand, gravel, rock or fill or a combination thereof. 33. Natural grade. The vertical location of the ground surface prior to any excavation or fill. 34. Pad. A building site prepared by artificial means including grading, excavation, filling or any combination thereof. January 2013 1 DRAFT • Division 17.10—Definitions (17.11) Page 16 • 35. Precise grading permit. A permit that is issued on the basis of approved plans which show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property. 36. Preliminary grading permit. A permit that is issued on the basis of approved plans which show finished elevations, interim building pad elevations and drainage to the degree required by the City Engineer. 37. Professional inspection. The inspection required by this Code to be performed by the project consultants. Such inspections shall be sufficient to form an opinion relating to the conduct of the work. 38. Project consultants. The professional consultants required by this code, who may consist of the design engineer, field engineer, soils engineer, engineering geologist, and landscape architect, as applicable to this Code. 39. References. Unless indicated otherwise, references in this Code to civil engineer, soil engineer, geologist, landscape architect and engineering geologist refer to the professional person(s) preparing, signing or approving the project plans and specifications which comprise the approved grading or landscape -irrigation plan, or his successor. 40. Rough grade. The elevation of the ground surface established by grading that • approximates the final elevation shown on the approved design. • 41. Site. Any lot or parcel of land or contiguous lots or parcels or combination thereof, under the same ownership, where grading is performed or permitted. 42. Slope. An inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 43. Slope stability shall be defined as follows: a. Gross stability. The factor of safety against failure of slope material located below a surface approximately three (3) to four (4) feet deep, measured from and perpendicular to the slope face. b. Surficial stability. The factor of safety against failure of the outer three (3) to four (4) feet of slope material measured from and perpendicular to the slope face. 44. Sloping terrain. Any ground surface having a grade of eight (8) percent or more. The latest available six (6) and seven and one-half (7.5) minute United States Geological Survey quadrangles or a survey by a registered civil engineer or licensed land surveyor shall be utilized to determine such grade. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 17 45. Soil. Naturally occurring superficial deposits, which overlie parent bedrock. 46. Soil engineer. A civil engineer registered in the State, who: • a. Is engaged in the practice of civil engineering and spends a majority of his time in the field of applied soil mechanics and foundation engineering; b. Has at least four (4) years of responsible practical experience in the field of applied soil mechanics; C. Has access to an adequately equipped soils testing laboratory. 47. Soil engineering. The application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. 48. Soil engineering report. A report prepared under the responsible supervision of a soils engineer which includes: a. Preliminary information concerning engineering, properties of soil and rock on a site prior to grading, describing locations of these materials and providing recommendations for preparation of the site for its intended use; b. Grading report including information on-site preparation, compaction of fills • placed, providing recommendations for structural design, and approving the site for its intended use. 49 Soil testing agency. An agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing. 50. Stockpile. A temporary, uncompacted fill or embankment placed by artificial means, which is designated to be moved at'a later date. 51. Suitable material. Any soil or earth material which, under the criteria of this division or under the criteria of an approved geotechnical report is suitable for use as fill or for other intended purpose. 52. Sulfate (SO4). A chemical compound occurring in soil or water, which in concentration has a corrosive effect on ordinary Portland cement concrete and some metals. 53. Surface drainage. Flows over the ground surface. 54. Terrace. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. January 2013 1 DRAFT • Division 17.10 —Definitions (17.11) Page 19 55. Unsuitable material. Any soil or earth material having properties or characteristics which, under the criteria of this division or under the criteria contained in any approved geotechnical report, make it unsuitable for use as fill or for any other intended use. These properties or characteristics include, but are not limited to, the following: organic content of the material exceeds three (3) percent; rock diameters exceeding eight (8) inches; the presence of concrete or asphalt; or the presence of expansive soils within four (4) feet of finish grade of any area intended or designed as a location for a building. Gross area. The total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Definitions, "H. " Hearing Officer. The Hearing Officer of the Community Development Department of the City of Santa Clarita or duly authorized representative(s). Height. The vertical dimension from the finish grade or lowest point of the building, structure or wall exposed above the ground surface, whichever is lower, to the highest point of the roof, parapet wall or uppermost part. Vents or utility service structures shall not be included in the measurement of vertical dimensions. • Highway. A highway shown as a freeway, major, primary or secondary highway as designated in the Circulation Element of the City's General Plan. • Historic Resource. Structures or site features on properties listed on the National Register of Historic Places, the California Register of Historic Landmarks, the list of California Historical Landmarks, or the list of California Points of Historical Interest, or those structures designated under this ordinance. A listing of properties and structures designated shall be available with the Community Development Department. Definitions, '7 " Individual with a disability. Individuals with a mental or physical disability as those terms are defined in Section 12926 (i), (k), and (1) of the State Government Code, as that section may be amended, and the regulations promulgated thereunder, or individuals with a handicap as that term is defined in 42 U.S.C. Section 3602 of the federal Fair Housing Amendments Act of 1988, as that section may be amended, and the regulations promulgated thereunder, Definitions, "J " No specialized terms beginning with the letter "J" are defined at this time. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 19 Definitions, "K. " Kitchen. Any habitable space which includes a refrigerator and an oven or a range. • Definitions, "L. " Landscapine. An area set aside from structures and parking/driveway uses, which is developed to include predominately living, thriving, trees, vines, shrubs, flowers, grasses, synthetic turf and other plants. Porous materials, such as rock, mulch and decomposed granite, can be used in conjunction with living plant materials, however landscaped areas must be predominantly of living materials. The following terms and phrases are defined for the purposes of Section 17.51.030 (Landscaping and Irrigation Standards). 1. Estimated annual applied water use or "EAWU." The portion of the estimated total water use that is derived from applied water. The EAWU is calculated according to the formula set out in the landscape documentation package. The estimated applied water use shall not exceed the maximum applied water allowance. 2. Evapotranspiration rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. 3. Invasive species. Non indigenous species that adversely affect the habitats they • invade economically, environmentally, or ecologically. 4. Irrigation efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this Code is 0.71. 5.. Landscape architect. A landscape architect registered by the State of California under the provisions of Division 3, Chapter 3.5 of the Business and Professions Code. 6. Landscape concept plan. The portion of a landscape documentation package that includes a design statement, irrigation notes, planting notes, and the plant palette. 7. Landscape construction drawings. The portion of a landscape documentation package that includes the irrigation plan, plant and soils plan, and water management plan. 8. Landscape documentation package or documentation package. The complete packet of documents required to be submitted to the Director to apply for a permit for landscaping projects under this Code. Documentation packages include the landscape concept plan and landscape construction drawings. • January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 20 • 9. Mulch. Any organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose, a minimum of two inches deep, and applied to the soil surface to reduce evaporation. 10. Planting plan. A plan submitted with the construction drawings indicating a list and quantity of plants. 11. Project net landscape area, landscaped area, or landscape project area. All of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non -pervious hardscapes, and other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation). 12. Recycled water. Water that, as a result of treatment of waste water, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. 13. Soil management plan. The plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments. • 14. Special landscape area. An area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing surface. 15. Turf. A surface layer of earth containing mowed grass or grasslike sedge with its roots, a groundcover surface of mowed grass, or grass -like sedge. Common types of "cool season turf' are Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue. Common types of "warm season turf' are Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and Buffalo grass. 16. Water efficient landscape worksheet. A worksheet which calculates a site's water budget. 17. Water feature. Any water applied to the landscape for non -irrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features. 18. Water management plan. A plan submitted with the construction drawings as part of the landscape documentation package. 19. Water schedule. Schedule of irrigation times throughout a given year. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 21 Land development permit. Any approval of development or use of property including but not limited to a minor use permit, conditional use permit, adjustment, variance, development review, or subdivision. Legal lot. The definition includes any of the following: 1. A parcel of real property shown as a delineated parcel of land with a number or letter designation, on a subdivision map or parcel map recorded in the office of the County Recorder and created in conformance with the State Subdivision Map Act; 2. A parcel of real property shown on a recorded record of survey map, lot division plat or other official map filed in the office of the County Recorder or County Engineer, when such map or plat was filed as the result of and was made a condition of a lot division approved by the County of Los Angeles under the authority of prior or existing County ordinances; 3. Any parcel of real property which existed as a separate parcel on or before March 4, 1972, as evidenced by a valid deed recorded on or before that date; 4. A parcel of real property described in a recorded certificate of compliance, approved and filed by the City of Santa Clarita in the County of Los Angeles in accordance with the State Subdivision Map Act and Code. Legal nonconforming structure. A structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district. Legal nonconforming use. A use or activity that was lawful prior to the adoption, revision, or amendment of this code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district. Library facilities. Public library improvements, public library services and community amenities, the need for which is directly or indirectly generated by a residential development project, including but not limited to acquiring, through purchase, lease, lease - purchase, installment purchase or otherwise, improving, constructing, altering, repairing, augmenting, equipping and furnishing real property, buildings, equipment, materials and other facilities for the conduct of public library services and programs; providing collection development and maintenance, including acquiring books, magazines, newspapers, audio- visual, electronic media, and other informational materials; and all other auxiliary work which may be required to carry out that work, such as administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring such projects, indirect costs, and other incidental expenses of providing those library facilities, or all or any combination thereof. January 2013 1 DRAFT Division 17.10—Definitions (17.11) Page 22 • Licensed bed. A bed for which a hospital holds a license to operate by the State of is California Office of Statewide Health Planning and Development (OSHPD). Loading space. An off-street space or berth used for the loading or unloading of commercial vehicles. Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. Lot type. Lot types are as follows: Corner lot. A lot located at the intersection or interception of two (2) or more streets, either public or private and either existing or future, at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot." 2. Flag lot. A lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing vehicular access to the lot. The required front, side and rear yards shall be established on the main portion of a flag lot exclusive of the access strip. In addition, the access strip shall be maintained clear except for driveways, landscaping, fences or walls, which shall be subject to the same requirements for setbacks on adjoining properties fronting the same street, highway or parkway. is 3. Interior lot. A lot other than a corner lot. A key lot shall also be considered an interior lot. • 4. Key lot. An interior lot adjoining the rear lot line of a reverse corner lot. 5. Reverse corner lot. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. 6. Through lot. A lot having frontage on two (2) dedicated parallel or approximately parallel streets. Lot line. Any line bounding a lot as herein defined. Types of lot lines are as follows: 1. Front lot line. On an interior lot, the "front lot line" is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision, parcel map, or Director specifies another line as the front lot line. On a through lot or a lot with three (3) or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of the Code. On a private street or easement, the front lot line shall be designated as the edge of the easement. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 23 2. Interior lot line. A lot line not abutting a street. 3. Rear lot line. A lot line not abutting a street, which is opposite and most distant from • the front lot line. In the case of an irregular-shaped lot, a line parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet within the lot. A lot which is bounded on all sides by streets may have no rear lot line. 4. Side lot line. Any lot line not a front lot line or rear lot line. Lot line adjustment. A minor shift or rotation or alteration of existing lot lines or property lines between four (4) or less existing legal lots where land taken from one parcel is added to another, and where a greater or lesser number of lots than originally existed is not created provided the lot line adjustment is approved by the City Engineer. Lot width. The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Low -emitting vehicle. A low -emitting vehicle shall include: 1. Zero emission vehicle (ZEV), including neighborhood electric vehicles (NEV), partial zero emission vehicle (PZEV), advanced technology PZEV (AT ZEV) or CNG fueled (original equipment manufacturer only) regulated under Health and Safety Code section 43800 and CCR, Title 13, Sections 1961 and 1962. • 2. High -efficiency vehicles regulated by U.S. EPA, bearing High -Occupancy Vehicle (HOV) car pool lane stickers issued by the Department of Motor Vehicles. Definitions, W. " Major thoroughfare. Those roads designated in the Circulation element of the General Plan, the primary purpose of which is to carry through traffic and provide a network connecting to the State highway system. Mezzanine. An intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total of any such mezzanine floor exceeds thirty- three and one-third (33-1/3) percent of the total floor area in that room, it shall constitute a story. A clear height above or below a mezzanine floor shall not be less than seven (7) feet. A loft shall be considered a mezzanine. Minor land division. A subdivision creating four or less parcels, a condominium project creating four (4) or less condominiums as defined in Section 783 of the Civil Code, a community apartment project containing four (4) or less parcels or a lease project containing four (4) or less building sites. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 24 • Mobilehome. A movable or transportable vehicle, other than a motor vehicle, designed as a • permanent structure intended for occupancy for one family and having no foundation other than jacks, piers, wheels or skirtings. • Mobilehome unit space. A plot of ground within a mobilehome park designed for the accommodation of one mobilehome unit. Mounted. Attached or supported. Mural. Any graphic image, drawing or painting or pattern covering in total or part of a building wall, window or other architectural feature, whose purpose is primarily intended as art. Murals shall not contain name brands, branding, or direct advertising unless directly related to an historic or cultural use which the mural is intended to memorialize. Murals are encouraged to promote recognition of cultural and historic events and activities. Definitions, "N. " Natural vegetation. The native plants, grasses, shrubs, and trees and roots thereof having the characteristic of intercepting, holding, and more slowly releasing rainfall than bare earth surfaces. Net area. All land within a given area or project including residential lots, and other open space which directly serves the residents of the net area; but exclusive of all public or private streets and other easements. Definitions, "O." Oak tree. Any oak tree of the genus Quercus, including but not limited to, Valley Oak (Quercus lobata), California Live Oak (Quercus Agrifolia), Canyon Oak (Quercus chrysolepis), Interior Live Oak (Quercus wislizenii) and Scrub Oak (Quercus dumosa), regardless of size. The following terms and phrases are defined for the purposes of Section 17.51.040 (Oak Tree Preservation). 1. Oak tree, cutting. The detaching or separating, either partial or whole, from, a protected tree, any part of the tree, including but not limited to, any limb branch, root, or leaves. Cutting shall include pruning and trimming. 2. Oak tree, damage. Any action undertaken which causes or tends to cause injury, death, or disfigurement to an oak tree. This includes, but is not limited to, cutting, poisoning, burning, overwatering, relocating or transplanting a protected tree, changing or compacting the natural grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of an oak tree. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 25 4. Oak tree, deadwood. Limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one year, inclusive of prime growing weather. 5. Oak tree, dripline. The outermost edge of the tree's canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest extension of the limbs and leaf canopy. 6. Oak tree, encroachment. Any intrusion into the protected zone of an oak tree which includes, but is not limited to, pruning, grading, excavating, trenching, dumping of materials, parking of commercial vehicles, placement of incompatible landscaping or animal corrals, storage of materials or equipment, or the construction of structures, paving or other improvements. For purposes of this definition, encroachment shall not include the action of a person physically entering the protected zone of an oak tree. a. Major encroachment. For oak trees located on properties occupied by a single-family residence, any intrusion into the protected zone of an oak, as defined above, in an area between the outer edge of the trunk and fifty percent (50%) of the diameter of the protected zone. b. Minor encroachment. For oak trees located on properties occupied by a single-family residence, any intrusion into the protected zone of an oak, as defined herein, in an area between the outermost edge of the protected zone and fifty percent (50%) of the diameter of the protected zone. 7. Oak tree, heritage oak tree. Any oak tree measuring one hundred eight (108) inches or more in circumference or, in the case of a multiple trunk oak tree, two (2) or more trunks measuring seventy-two (72) inches each or greater in circumference, measured four and one-half (4.5) feet above the natural grade surrounding such tree. In addition, the Commission and/or Council may classify any oak tree, regardless of size, as a heritage oak tree if it is determined by a majority vote thereof that such tree has exceptional historic, aesthetic and/or environmental qualities of major significance or prominence to the community. S. Oak tree, oak tree preservation and protection guidelines. The policy established by the Council and the administrative procedures and roles established by the Director for the implementation of this Code. 9. Oak tree, protected zone. A specifically defined area totally encompassing an oak tree within which work activities are strictly controlled. Using the dripline as a point of reference, the protected zone shall commence at a point five (5) feet outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of an oak tree. January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 26 10. Oak tree removal. The physical removal of an oak tree or causing the death of a tree • through damaging, poisoning or other direct or indirect action. • 11. Oak tree, routine maintenance. Actions taken for the continued health of an oak tree such as insect control spraying, limited watering, fertilization, deadwooding, and ground aeration. For the purposes of this Code, routine maintenance shall include pruning pursuant to the requirements of Section 17.51.040 (Oak Tree Preservation). Operator. Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises. Owner. Any person, agency, firm or corporation having a legal, possessory, or equitable interest in a given real property. Definitions, `P. " Parcel of land. A contiguous quantity of land, in the possession of or owned by, or recorded as the property of the same claimant or person. Parking. The following terms and phrases are defined for the purposes of Division 17.40 (Use Classifications and Required Parking) and 17.51.060 (Parking Standards). 1. Parking, as determined by the Director. That the Director shall determine the adequate amount of parking. Parking shall be provided in an amount which the Director finds adequate to prevent traffic congestion and excessive on -street parking. Whenever practical, such determination shall be based upon the requirements for the most comparable use specified in this Code. 2. Parking, customer service area. The area within a facility where patrons and/or customers of the facility are provided service and includes fixed and non -fixed seating areas, waiting areas, and any other areas were customers are served. It excludes bathrooms and areas off limits to patrons. 3. Parking, enclosed. Covered on the top and at least three (3) sides with an opaque material. 4. Parking, occupant. An employee, patron, customer, or other individual who, combined with other occupants, comprise the occupancy of a building, structure, tenant space or other area. See "Parking, occupancy." 5. Parking, occupancy. The maximum number of occupants within a building, structure, tenant space, or area as determined by the California Building Code. 6. Parking, fixed seating. Seating that is permanently fixed and immobile. It may include booths, immobile seats/tables, and immobile benches and pews. January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 27 7. Parking, fully enclosed. Covered on the top and all sides with opaque material, including the garage door, except for necessary ventilation areas. 0 8. Parking, square feet/footage. The gross square feet or footage of a building, tenant space, or area, unless indicated otherwise. Parks and recreation facilities. Construction of new park and recreational facilities, improvements to existing park and recreation facilities, public services provided thereon, and community amenities provided thereto. Passive use common area. 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 uses that shall be permitted are improved trails and appurtenant facilities. Permittee. Any person or owner to whom a permit is issued pursuant to this Code. Person. Any natural person, partnership, firm, corporation, governmental agency or other legal entity, and the plural as well as the singular. Private sewage disposal system. A septic tank with effluent discharging into a subsurface disposal field, into one or more seepage pits, or into a combination of subsurface disposal field and seepage pit, or into such other facilities as may be permitted in accordance with the procedures and requirements set forth in the building code. i Public building. Any building owned, leased or held by the United States, the State, the County, the City, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used for governmental purposes. Public park or recreation area. Public land which has been designated for park, recreational, or art activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City Department of Parks, Recreation and Community Services, or a homeowner's association. Definitions, "Q. " No specialized terms beginning with the letter "Q" are defined at this time. Definitions, "R. " Reasonable accommodation. A waiver or modification to regulations, policies, procedures, and standards that is both reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use. Examples of reasonable • January 2013 1 DRAFT Division 17.10—Definitions (17.11) Page 28 ® accommodation include, if reasonable and necessary, allowing a wheelchair ramp in a required setback, allowing an increase in building height to permit an elevator installation, or allowing an applicant additional time to submit material. Reasonable Accommodation Acts. The federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Acts are amended from time to time. Reasonable accommodation residential use. Any dwelling as defined by 42 U.S.C. 3602, Subsection (b), as that section may be amended from time to time. Recreational vehicle. A motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundred (400) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. Residential development. The construction or installation of one or more dwelling units pursuant to a building permit. Retaining wall. A wall designed to resist the lateral displacement of soil or other materials. Review Authority. The Review Authority is the decision maker that approves or denies an • application but whose decision may be appealed. The Review Authority becomes the Approving Authority if the project is not appealed 0 Roof -mounted. Mounted above the eave line of a building. Definitions, "S." Satellite dish antennas. Any system of wires, cables, amplifiers, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, whether the system is internal to or attached to the exterior of any building. Setback, Front Yard. The area which defines the depth of the required front yard. Said setback shall be measured from the ultimate street right-of-way or the line established by the General Plan, whichever is greater, and be removed therefrom by the perpendicular distance prescribed for the front yard setback of the zone in which the property is located. Where the location of the required yard is not clear as herein defined, it shall be determined by the Director. Setback, Rear Yard or Side Yard. The area which defines the width or depth of the required rear or side yard setbacks. Said setbacks shall be measured from the property line, removed therefrom by the perpendicular distance prescribed for the yard setback in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in the January 2013 1 DRAFT Division 17.10—Definitions (17.11) Page 29 "Setback, front yard" definition. Where the location of the required yards. is not clear as herein defined, they shall be determined by the Director. Sheriff. The Sheriff of the County of Los Angeles or the Sheriff s designated representative. Shopping center. Two (2) or more contiguous or separate retail commercial stores that share access and/or parking, which function by design, or ultimately function, as a single entity. Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. The following terms and pharses are defined for the purposes of Section 17.51.080 (Sign Regulations (Private Property)). 1. Automobile dealership identification placards sign. An on-site sign permanently attached to a light standard that identifies the name of the dealership and the make of vehicle sold on-site. 2. Automotive -oriented sign. A sign that is primarily representing a business devoted to automotive sales or service. 3. Awning sign. A sign printed on or attached flat against the surface or fascia of a • permitted awning. 4. Banner signs. See "grand opening banner sign" or "special event banner sign." 5. Building identification sign. A sign that contains no advertising matter other than the name, trademark, or address of the building to which it is affixed, or of the occupant located therein. 6. Changeable copy sign. A sign that is characterized by changeable copy, letters, symbols, or numerals. 7. Commercial sign. Any sign, wording, logo, picture, transparency, mechanical device or other representation that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. 8. Community identification sign. A sign that contains the name of a recognized community (e.g., Canyon Country, Newhall, Saugus, or Valencia) or the City, but contains no other advertising matter. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 30 • 9. Construction sign. A temporary sign denoting the architects, engineers, owners, • lenders, contractors, future tenants, and others associated with a construction project, but which contains no other advertising matter. 10. Corporate flag sign. Any flag identifying a business or development, whether permanent or temporary. 11. Directional or informational sign. A sign which indicates the route to, direction of or location of a given goal, or which provides regulatory or service information of a nonadvertising character. 12. Electronic readerboard sign. A sign which uses an electronic and/or computer or a functionally similar means to display messages or graphics. Electronic readerboard signs do not include displays showing time and temperature. 13. Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. 14. Flashing sign. Any sign which, by method or manner of illumination, flashes, winks, or blinks with varying light intensity, shows motion, or creates the illusion of motion; or revolves in a manner to create the illusion of being on or off. 15. Freestanding sign. A sign which is placed on the ground or has as its primary • structural support one or more columns, poles, uprights, or braces in or upon the ground and not attached to a building. 16. Freeway commercial center sign. A sign used to identify a commercial center or area of at least fifty (50) acres. 17. Freeway -oriented sign. A sign oriented to be viewed primarily from an adjacent freeway which identifies a business engaged in the provision of food, lodging or motor vehicle fuel, and which is primarily dependent upon motorists traveling on such freeway. 18. Fuel pricing sign. A sign indicating, and limited to, the brand or trade name, method of sale, grade designation and price per gallon of gasoline or other motor vehicle fuel offered for sale on the business premises, and such other information as may be required by law. 19. Gas sales canopy sign. A sign affixed to the fascia of a permitted gas sales canopy and is not projecting more than eighteen (18) inches from the canopy fascia. Gas sales canopy signs include business emblems, sign bands, and text associated with the business. 20. Grand opening banner sign. A temporary sign publicizing a grand opening for a new • business. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 31 21. Hand-held sign. A sign that is held by or otherwise mounted on a person. • 22. Historic sign. A sign of cultural or architectural significance to the citizens of the City of Santa Clarita, the State of California, the Southern California region, or the nation, which may be eligible for nomination or designation and determined to be appropriate for preservation by the City pursuant to the provisions of subsection (D) of Section 17.51.080 (Sign Regulations (Private Property)). 23. Illegal sign. Illegal sign means: a. Any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; b. Any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good„ or . service available on the site of the sign for more than ninety (90) days; C. Any unsafe sign; d. Any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this Code; and C. Any sign that is in violation of the provisions of Section 17.51.080 (Sign Regulations (Private Property)). 24. Incidental business sign. A business sign indicating credit cards accepted, trading stamps offered, trade affiliations, and similar matter. 25. Lighted sign. A sign that is illuminated by any source, whether internal, external or indirect. 26. Legal nonconforming sign. A sign that was originally erected or installed in compliance with all structural, locational, design, building and electrical regulations at the time of its erection or installation, but which no longer conforms to the provisions of Section 17.51.080 (Sign Regulations (Private Property)). 27. Menu board sign. A sign displaying the menu of a drive-through restaurant where customers place their food and drink orders while seated in vehicles in drive-through service lanes. 28. Marquee sign. Any sign affixed to the perimeter or border of a permanently roofed structure constructed as part of a building and protruding over public or private sidewalks or rights-of-way. These signs are to identify movie or live January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 32 • performances/theaters and shall be considered wall signs for the purpose of • regulation. 29. Mobile sign. The use of a moving trailer, automobile, truck, non -wheeled vehicle, bicycle, or any other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle. 30. Monument sign. A sign that is completely self-supporting, has its sign face or base on the ground, and has no air space, columns, or supports visible between the ground and the bottom of the sign. 31. New Business. A for-profit or not-for-profit organization or company located in the C, I, and MX zones and is relocating into a new tenant space not previously occupied by said business. A business that exists in a tenant space and transfers ownership and/or undergoes a remodel, without a change in business name, is not considered a new business. 32. Noncommercial sign. A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. 33. Off-site sign. A commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained. 34. On-site sign. Any commercial sign which directs attention to a commercial or industrial occupancy, business, commodity, good, product, service, or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. For purposes of Section 17.51.080 (Sign Regulations (Private Property)), all signs with noncommercial speech messages shall be deemed to be "on-site," regardless of location. 35. Painted sign. A sign that is painted directly on a wall or other vertical or non - horizontal surface, and does not project from the surface to which it is applied. 36. Permanent sign. Any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear), and position and in a permanent manner affixed to the ground, wall, or building. 37. Permit holder. A person who has received a sign permit pursuant to Section 17.51.080 (Sign Regulations (Private Property)). 38. Portable sign. A freestanding sign that is not permanently affixed, anchored or • secured to either the ground or a structure on the premises it is intended to occupy. January 2013 1 DRAFT Division 17.10—Definitions (17.11) Page 33 39. Preview board sign. A sign displaying the menu of a drive-through restaurant where customers seated in vehicles in drive-through service lanes preview the menu before pulling up to a menu board sign. 40 Projecting sign. A sign, other than a wall sign, that projects more than eighteen (18) inches from and is supported by an exterior wall of a building or structure. 41. Pylon sign. A freestanding sign, taller than a monument sign, in which the sign face is separated from ground level by means of one or more supports such as poles, pole covers, or columns. 42. Real estate sign. A temporary sign advertising the sale, lease, or rental of the premises on which the sign is located. 43. Revolving sign. A sign or any portion thereof that rotates, moves, or appears to move in some manner by electrical or other means. 44. Roof sign. Any sign erected upon and wholly supported by the roof of any building or structure. Roof sign shall not include a wall sign affixed to the roof eaves or that portion of an actual or false roof varying less than forty-five (45) degrees from a vertical plane. 45. Sign area. 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. 46. Sign face. That portion of a sign intended to be viewed from one direction at a time. 47. Sign structure. A structure serving exclusively as a stand, frame, or background for the support or display of signs. 48. Signs, zone. Unless otherwise specifically stated in Section 17.51.080 (Sign Regulations (Private Property)), references to the "residential" or the "R" zone include all residential zones (e.g., NUI, URI, etc.), references to the "commercial' or "C" zone include all commercial zones, (e.g., CR, CC, etc.), references to the "mixed use" or "MX" zone include all mixed use zones, (e.g., MXN, MXC, etc.), references to the "industrial' or "I" zone include all industrial zones (e.g., BP and I), references to the "public/institutional' or "PI" zone include the public/institutional zone, and references to the "open space" or "OS" zone include all open space zones (e.g., OS and OS -NF). 49. Special event banner sign. A temporary sign publicizing a unique happening, action, purpose or occasion. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 34 50. Subdivision directional sign. A temporary on or off-site sign providing necessary • travel direction to a subdivision, located within the city, offering properties for sale for the first time, but which contains no other advertising matter. 51. Subdivision entry sign. A temporary sign that provides necessary travel directions to and within a subdivision offering properties for sale or lease for the first time, but which contains no other advertising matter. 52. Subdivision identification sign. An on-site sign that identifies a subdivision offered for sale or lease for the first time, but which contains no other advertising matter. 53. Subdivision sales sign. A temporary sign that contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time, but contains no other advertising matter. 54. Temporary sign. Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time. 55. Under -canopy sign. Any lighted or unlighted display attached to the underside of a projecting canopy protruding over a private sidewalk and having the required ground clearance as otherwise required in Section 17.51.080 (Sign Regulations (Private Property)). 56. Unsafe sign. A sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism. 57. Wall or wall -mounted sign. A sign, other than a roof sign, affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building and is not projecting more than eighteen (18) inches from the building face or from a permanent roofed structure projecting therefrom. a. Sign, Primary Wall. A sign along the main elevation of a building with the primary entrance or facing a street or on-site parking area or parking as part of a contiguous shopping center. b. Sign, Secondary Wall. A sign along an elevation other than the main elevation with a secondary entrance or facing a street or on-site parking area or parking as part of a continuous shopping center. 58. Window sign. Any sign painted on a window or constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, and affixed to the interior side of a window. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 35 59. Signs that are not within the definition of "sign." For the regulatory purposes of Section 17.51.080 (Sign Regulations (Private Property)), the following shall not be considered signs: a. Any public or legal notice required by a court or public agency; b. Decorative or architectural features of buildings, except letters, trademarks or moving parts; C. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; d. License plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease, or exchange of the vehicle; e. Traffic, directional, emergency, warning, or informational signs required or authorized by a government agency having jurisdiction; f Permanent memorial or historical signs, plaques, or markers; g. Public utility signs; • h. Newsracks; and I. Noncommercial flags not exceeding fifteen (15) square feet in area for each lot in a residential zone or twenty-four (24) square feet for each lot in a non- residential zone, provided that the pole or other structure, upon which such flag is flown, meets applicable setback and height limitations of the zone in which it is located. Site plan. A plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. Solar Energy System. Solar energy system shall mean: 1. Any solar collector or other solar energy device, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating; or January 2013 1 DRAFT • Division 17.10 —Definitions (17.11) Page 36 2. Any structural design feature of a building, whose primary purpose is to provide for is the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. State. The State of California. Story. Any portion of a building considered habitable or uninhabitable which is included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor, and the ceiling next above it. Crawl spaces are not considered to be a story. Street. A public thoroughfare or right-of-way or approved private thoroughfare or right-of- way determined by the City Engineer to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except as excluded in this Code. The word "street' shall include all major and secondary highways, traffic collector streets and local streets. Structure. A mobilehome or anything constructed or erected, building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including walls, fences, swimming and wading pools and covered patios, excepting paved areas, sport courts and similar outdoor areas. isStructural alteration. Any change in or alteration to a structure involving a bearing wall column, beam or girder, floor or ceiling joists, roof rafters, foundations, piles, retaining walls, or similar components. Subdivision. The division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, Iease, financing or transfer of title, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or drainage or railroad rights-of-way. 2. The provisions of the Subdivision Map Act concerning the merger of contiguous parcels of land shall be applied in determining whether the sale, lease, financing or transfer of title of contiguous parcels is subdivision under the terms of this section. 3. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code; or a lease project, as defined in Title 16. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 37 4. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of • parcels. 5. The qualification contained in Section 66424.1 of the Subdivision Map Act concerning the division of a unit of land before a change in the equalized County assessment roll shall apply to subdivisions as defined in this definition. 6. The term "subdivision" shall also refer to any area or tract of land designed to accommodate mobilehomes used for human habitation approved as a division of land for mobilehome purposes and for which a final map or final parcel map has been recorded pursuant to the provisions of Title 16. For the purpose of this Code, this type of subdivision shall be considered a residential subdivision. Subdivision Map Act. Shall mean Division 2, Title 7 of the Government Code. Definitions, "T. " Telephone communication services. "Communication services" as defined in Sections 4251 and 4252 of the Internal Revenue Code and the regulations thereunder, and shall include any telephonic quality communication that is interconnected to a public switched network, and shall include, without limitation, for the purpose of transmitting messages or information (including, but not limited to, voice, telegraph, teletypewriter, data, facsimile, video or text) by electronic, radio, or similar means through "interconnected service" with the "public switched network," as these terms are commonly used in the Federal Communications Act, 47 U.S.C. Section 332(d), and the regulations of the Federal Communications Commission, whether such transmission occurs by wire, cable, fiber-optic, light wave, laser, microwave, radio wave, including, but not limited to, cellular service, commercial mobile service, personal communications service (PCS), specialized mobile radio (SMR), and other types of personal wireless service telecommunications (see 47 U.S.C. Section 332(c)) regardless of radio spectrum used, switching facilities, satellite, or any other similar facilities. Tobacco paraphernalia business. An establishment that devotes more than a two (2) foot by four (4) foot (two (2) feet in depth maximum) section of shelf space for equipment, products and materials of any kind (excluding lighters and matches) which are intended or designed for use of tobacco, and includes, but is not limited to, the following: Kits intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of tobacco plant; 2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing tobacco; 3. Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant; January 2013 1 DRAFT Division 17.10—Definitions (17.11) Page 38 ® 4. Testing equipment intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of tobacco; 5. Scales and balances intended for use or designed for use in weighing or measuring tobacco; 6. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds, or other foreign material from, or in otherwise cleaning or refining, tobacco; 7. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding tobacco substances or substances containing tobacco; 8. Envelopes, pouches, capsules, balloons, and other containers intended for use or designed for use in packaging small quantities of tobacco; 9. Containers and other objects intended for use or designed for use in storing or concealing tobacco; 10. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing tobacco into the human body, such as the following: • a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, or punctured metal bowls, • b. Water pipes, C. Carburetion tubes and devices, d. Smoking and carburetion masks, C. Clips or other devices intended to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand, f. Chamber pipes, g. Carburetor pipes, h. Electric pipes, i. Air -driven pipes, j. Chillums, January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 39 k. Bongs, • 1. Ice pipes or chillers. Truck, large. A truck with a gross vehicle weight (GVW) of twelve thousand (12,000) pounds or more. Truck, light. A truck with a gross vehicle weight (GVW) of less than (12,000) pounds. Definitions, "U. " Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. Definitions, "V. " Vanpool vehicle. Any motor vehicle, other than a motor truck or truck tractor, designed for carrying more than 10 but not more than 15 persons, including the driver, which is maintained and used primarily for the nonprofit, work-related transportation for adults, for the purposes of ridesharing. Definitions, "W. " Wireless communications facilities. The site, support structures, antennas, accessory • equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. Wireless communications facilities include, but are not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronic, and switching equipment. The following terms and phrases are defined for the purposes of Chapter 17.69 (Wireless Communications Facilities and Satellite Dish Antennas). Building -mounted. Mounted to the side of a building, to the facade of a building or to the side of another structure such a water tank, church steeple, freestanding sign or similar structure, but not to include the roof of any structure. 2. Co -location. The locating of wireless communications equipment from more than one provider on a single building -mounted, roof -mounted, or ground -mounted wireless communication facility. 3. Ground -mounted. Mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purpose of supporting such antenna. These antennas do not use a building or ancillary structures for mounting purposes. January 2013 1 DRAFT Division 17.10 —Definitions (17.11) Page 40 • 4. Monopole. A structure composed of a single spire used to support antennas or • related equipment. 5. Stealth facility. Any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as concealed antenna. 6. Wireless communications support structures. Any structure erected to support telephone communications services. Wireless communications support structures may include, but are not limited to, lattice tower, monopoles, and guyed towers. 7. Wireless communications systems. The sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites), and including, but not limited to, cellular radio, telephone, personal communications services (PCS), enhanced/specialized mobile radio (ESMR), commercial paging services, wi-fi, and any other technology which provides similar services. Definitions, "X. " No specialized terms beginning with the letter "Y' are defined at this time. Definitions, "Y. " • Yard. Any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this Code. Front yard. A space between the front yard setback and the front lot line or future street line, and extending the full width of the lot. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director. 2. Rear yard. A space between the rear yard setback and the rear lot line, extending the full width of the lot. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director. 3. Side yard. A space extending from the front yard, or from the front yard lot line where no front yard is required by this Code, to the rear yard, or rear lot line between a side lot line and the side yard setback line. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director. Definitions, "Z. " No specialized terms beginning with the letter "Z" are defined at this time. January 2013 1 DRAFT Division 17.10 — Definitions (17.11) Page 41 E 11 • Division 17.20 Applications Chapter 17.22 Class I Applications — Ministerial Chapter 17.23 Class II Applications — Discretionary Chapter 17.24 Class III Applications — Discretionary Chapter 17.25 Class IV Applications — Discretionary Chapter 17.26 Class V Applications — Discretionary Chapter 17.27 Class VI Applications — Discretionary Chapter 17.28 Class VII Applications — Legislative January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 1 • January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 2 • • U Chapter 17.22 Class I Applications—Ministerial SECTIONS: 17.22.010 Purpose. 17.22.020 Applicability. 17.22.030 Application Filing, Fees, and Initial Review. 17.22.040 Decision. 17.22.050 Notice of Action. 17.22.060 Effective Date of Decision. 17.22.070 Post Decision Procedures. 17.22.080 Procedures for Revisions to a Site Plan. 17.22.010 Purpose. The Class I application is a ministerial process to verify that a proposed use or structure is allowed in the applicable zone, and complies with all of the applicable requirements and development standards. 17.22.020 Applicability. A. Underlying Zones. A Class I application is required to authorize uses identified by Division 17.40 (Use Classifications and Required Parking) as being permitted in the applicable underlying zone, subject to the approval of a Class I application. B. Site Plan as Part of Application. Where a site plan is required in an application for a Class II, III, IV, V or VI application, the site plan shall be considered a part of the application and shall not require separate Class I approval in compliance with this chapter. C. Additional Requirements. The Director may require a site plan for any development of land, structure, use, or modification of standards that involves the approval of the Director and supplemental information or material as may be necessary, including revised or corrected copies of any site plan or other document previously submitted. 17.22.030 Application Filing, Fees, and Initial Review. Applications for a Class I application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), and 17.06.080 (Initial Application Review). 17.22.040 Decision. The Director shall approve, approve with modifications, refer the request to the Commission, or deny the proposed use, development, or modification as requested in the Class I application and January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 3 as indicated in the required site plan based on an assessment that the use, development of land and development standards are or are not in compliance with all applicable provisions of this Code. 17.22.050 Notice of Action. A. Notification Requirements. The Director shall notify the applicant of the action taken on the application by first class mail, or other means deemed appropriate by the Director. Such notification may also be hand delivered to the applicant. If the project only requires an approval of the Site Plan, a stamp, either physical or electronic, shall constitute a notification. B. Time Limit for Decision. If the Director takes no action on a Class I application within 90 days from the date of filing, it shall constitute a denial of such application and the Director shall send a notice to the applicant of such action. C. Scope of Approvals. Only legally established uses and development, authorized by an . approved permit from the Department, may be used on a property per Section 17.06.180 (Scope of Approvals). 17.22.060 Effective Date of Decision. A. The decision of the Director on a Class I application is effective the date the site plan or letter is stamped or signed. B. Appeals shall be filed pursuant to Chapter 17.07 (Appeals or Certification of Review). 17.22.070 Post -Decision Procedures. Class I application post -decision procedures shall be in compliance with Sections 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), and 17.06.230 (Time Limits and Extensions). 17.22.080 Procedures for Revisions to a Site Plan. Procedures for application filing, review, decision, notice of action, post -decision procedures and time limits for revisions to a site plan shall be the same as for the original site plan approved. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 4 C� ® Chapter 17.23 Class II Applications—Discretionary SECTIONS: • 17.23.010 Purpose. 17.23.020 Applicability. 17.23.030 Review Authority and Related Procedures. 17.23.040 Application Filing, Fees, and Initial Review. 17.23.050 Decision. 17.23.060 Post -Decision Procedures. 17.23.100 Administrative Permit. 17.23.110 Architectural Design Review. 17.23.120 Development Review. 17.23.130 Hillside Development Review. 17.23.140 Home Occupation Permit. 17.23.150 Landscape Plan Review. 17.23.160 Lot Line Adjustment. 17.23.170 Oak Tree Permit. 17.23.180 Requests for Reasonable Accommodations. 17.23.190 Sign Review. 17.23.200 Temporary Use Permit. 17.23.010 Purpose. The Class II application is a discretionary process for reviewing uses that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class II applications do not require noticing nor a public hearing unless otherwise stated. 17.23.020 Applicability. A. Underlying Zones. A Class II application is required to authorize uses identified in Division 17.40 (Use Classifications and Required Parking) as being permitted with a Class II application in the applicable underlying zone. B. Other Specific Uses. A Class II application may also be required for use types having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjacent properties and in the surrounding area. January 2013 1 DRAFT Division 17.20—Applications (17.22-17.28) Page 5 17.23.030 Review Authority and Related Procedures. A. Decision. A Class II application shall be approved or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class II application established in this Code. B. Referral. The Review Authority may refer a Class II application to the next higher Review Authority for consideration and decision. 17.23.040 Application Filing, Fees, and Initial Review. Applications for a Class II application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), and 17.06.080 (Initial Application Review). 17.23.050 Decision. The Director shall either approve, approve with conditions, approve with modifications, refer the request to the Planning Commission, or deny the application for a proposed use, modification, or development based on the following: A. That the use, development of land, or application of development standards is in compliance with all applicable provisions of this Code; B. That the use, development of land, or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety, and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice; and, C. That the use will be consistent with the General Plan. 17.23.060 Post -Decision Procedures. Class II application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), and 17.06.240 (Resubmission of Application). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 6 Cl i • E 17.23.100 Administrative Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the construction of permitted structures and uses and the initiation of permitted uses as required by the Director. Through an administrative permit, the Director shall ensure that the project complies with all of the provisions of the Code and the general plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of an administrative permit. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, administrative permit approval shall be required prior to the issuance of any building permit for new single-family homes, second units, additions, and activities or construction of improvements which are permitted at the discretion of the Director. An administrative permit shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications — Discretionary). C. Application Filing, Fees, and Project Review. Applications for an administrative permit shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditions of Approval In approving a Class II permit application for an administrative permit, the Review Authority may impose such conditions as deemed necessary to ensure that the administrative permit will be in accordance with the findings required by Section 17.23. 100 (D) (Findings), above, subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Code, general plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: In order to ensure the performance of conditions imposed concurrent with the granting or modification of an administrative permit, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the administrative permit. Such security shall be furnished as required by this Code; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 7 2. Whenever an administrative permit approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the administrative permit. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City. 3. Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. January 2013 1 DRAFT Division 17,20—Applications (17.22-17.28) Page 8 11 • • C • 17.23.110 Architectural Design Review. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the redesign, renovation, or alteration of existing permitted structures as required by the Director. Through architectural design review, the Director shall ensure that the architecture com- plies with all of the provisions of the Code, the general plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of an architectural design review. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, architectural design review approval shall be required prior to the issuance of any building permit for additions, alterations, and/or redevelopment of single-family, multi -family, commercial, industrial buildings, and/or parking facilities at the discretion of the Director. An architectural design review shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications —Discretionary). C. Application Filing, Fees, and Project Review. Applications for an architectural design review shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditions of Approval. In approving a Class II permit application for a architectural design review, the Review Authority may impose such conditions as deemed necessary to ensure that the architectural design review will be in accordance with the findings required by Section 17.23.110 (D) (Findings), above subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Code, general plan, adopted design guidelines, Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: In order to ensure the performance of conditions imposed concurrent with the granting or modification of an architectural design review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the architectural design review. Such security shall be furnished as required by this Code; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 9 2. Whenever an architectural design review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural design review approval; 3. Whenever an architectural design review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural design review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City. 4. Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. • January 2013 1 DRAFT • Division 17.20 —Applications (17.22-17.28) Page 10 17.23.120 Development Review. • SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the construction of permitted structures and the initiation of permitted uses. Through development review, the Director shall ensure that the project complies with all of the provisions of the Code, the general plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of a development review. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments, multiple - family developments, mobilehome parks, commercial, or industrial establishments, including additions, major alterations, and/or redevelopment thereof, at the discretion of the Director. A development review shall be filed as a Class I1 application, subject to ® Chapter 17.23 (Class II Applications — Discretionary). C. Application Filing, Fees, and Project Review. Applications for a development review shall be in compliance with Chapter 17.23 (Class II Applications— Discretionary). D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditions of Approval In approving a Class II permit application for a development review, the Review Authority may impose such conditions as deemed necessary to ensure that the development review will be in accordance with the findings required by Section 17.23.120 (D) (Findings), above subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Code, general plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: 1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development review Such security shall be • furnished as required by this Code; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 11 2. Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the development review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City; 3. Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare; and 4. Whenever a development review application is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such conditions shall constitute a violation of the Code and project approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 12 • • 17.23.130 Hillside Development Review. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. A. Purpose. This section establishes procedures and requirements for development on hillside properties. It is the intent of this section to regulate the development and alteration of hillside areas, to minimize the adverse effects of hillside development B. Applicability. The provisions of this section shall be applied to parcels of land having average cross slopes of ten (10) percent or more as determined to be applicable by the Director, shall be subject to the issuance of a permit for hillside development review. C. Application Filing, Fees, and Project Review. Applications for a hillside development review shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary) and 17.25 (Class IV Applications — Discretionary) as determined below: 1. Director Level Review (Class II Application). The Director shall review all site • development applications and shall impose conditions deemed appropriate when one or more of the following activities are proposed: is a. Development activities on natural slopes which are greater than ten (10) percent average but less than fifteen (15) percent average on all or part of the developable portions of the site; b. Grading excavations or fills or any combination thereof equal to or exceeding one hundred (100) cubic yards, but less than one thousand five hundred (1,500) cubic yards; or, C. Projects that require minor grading or are limited in scope such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures may be approved by the Director through a grading permit or building permit without hillside development review. Projects which require grading of large, flat areas, such as tennis courts or riding rings may be reviewed by the Director when consistent with this Code. 2. Commission Review (Class IV Application). The Commission shall review hillside development review applications and shall impose conditions deemed appropriate when one or more of the following occurs: January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 13 a. Development activities on natural slopes which are greater than fifteen (15) percent average on all or part of the developable portions of the site; b. Grading excavations or fills, or any combination thereof, exceeding one thousand five hundred (1,500) cubic yards; or, C. The proposed project includes a Class IV, V, VI or VII application; D. Project Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). E. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following findings, where applicable: 1. That the natural topographic features and appearances are conserved by means of landform grading to blend any manufactured slopes or required drainage benches into the natural topography; 2. That natural, topographic prominent features are retained to the maximum extent possible; 3. That clustered sites and buildings are utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and prominent landmark features and are compatible with existing neighborhood; 4. That building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain are utilized; 5. That plant materials are conserved and introduced so as to protect slopes from slippage and soil erosion and to minimize visual effects of grading and construction on hillside areas, including the consideration of the preservation of prominent trees and, to the extent possible, while meeting the standards of the Fire Department; 6. That street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillsides are utilized; 7. That grading designs that serve to avoid disruption to adjacent properties are utilized; and January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 14 • • is 8. That site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed development are utilized. January 2013 DRAFT Division 17.20 —Applications (17.22-17.28) Page 15 17.23.140 Home Occupation Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the use of an existing residential unit to have a home occupation as an accessory use. Through a home occupation permit, the Director shall ensure that the project complies with all of the provisions of the Code, the general plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of a home occupation permit. B. Applicability. In order to safeguard of existing neighborhoods, the home occupation permit process will establish provisions for the use of an existing residential unit with an appropriate accessory home occupation subject to development standards in Chapter 17.65 (Home Occupations). A home occupation permit shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications—Discretionary). C. Application Filing, Fees, and Project Review. Applications for a home occupation permit shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditions of Approval. In approving a Class II permit application for a home occupation permit, the Review Authority may impose such conditions as deemed necessary to ensure that the home occupation permit will be in accordance with the findings required by Section 17.23.140 (D) (Findings), above subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Code, general plan, adopted design guidelines, Commission and Council policies shall be achieved. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 16 • • • • 17.23.150 Landscape Plan Review. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the installation of any new landscaping, and the redesign, renovation, or alteration of existing landscaping as required by the Director. Through landscape plan review, the Director shall ensure that the landscaping complies with all of the provisions of the Code and the general plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of landscape plan reviews. B. .Applicability. In order to safeguard and enhance the appearance and quality of development in the City, landscape plan review approval shall be required prior to the issuance of any grading and/or building permit for additions, alterations, and redevelopment of single-family, multi -family, commercial, industrial buildings, and/or parking facilities at the discretion of the Director. A landscape plan review shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications — Discretionary). C. Application Filing, Fees, and Project Review. Applications for a landscape plan review shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditions of Approval. In approving a Class II permit application for a landscape plan review, the Review Authority may impose such conditions as deemed necessary to ensure that the landscape plan review will be in accordance with the findings required by Section 17.23.150 (D) (Findings), above subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Code, general plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: 1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a landscape plan review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the landscape plan review. Such security shall be furnished as required by this Code; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 17 2. Whenever a landscape plan review approval is granted or modified, subject to the • condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant, and approved and accepted by the City, pursuant to local ordinance to make such improvements prior to the time of events specified in the landscape plan review approval; 3. Whenever a landscape review plan application is approved or modified by the Approving Authority subject to a condition or conditions, use, or enjoyment of the landscape plan review approval in violation of, or without observance of any such conditions, shall constitute a violation of the Code and project approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions); and 4. Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 18 • CI 17.23.160 Lot Line Adjustments. ® SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Standards of Approval. A. Purpose. This section establishes procedures and requirements for the modification of an existing lot line or lot lines. Through a lot line adjustment, the Director shall ensure that the project complies with all of the provisions of the Code, the Subdivision Map Act, the general plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with modifications for lot line adjustments in zones as prescribed in this Code and the Subdivision Map Act. B. Applicability. The provisions of this section shall be applicable to the modification of a lot line, or lot lines, between four (4) or fewer contiguous existing parcels where the land taken from one parcel is added to an adjacent parcel or parcels and where a greater number of parcels than originally existed are not thereby created. In the case of a modification of the lot lines that affect more than four (4) parcels under common ownership within a subdivision even if submitted as separate lot line adjustments, an • application and approval of a parcel map or tract map will be required per Section 17.25.110 (Tentative Subdivision Maps). A lot line adjustment shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications — Discretionary). C. Application Filing, Fees, and Project Review. Applications for a lot line adjustment shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). In addition, prior to submittal of the request for lot line adjustment, a recorded "Unconditional Certificate of Compliance" shall be required for each existing parcel not complying with the provisions of the Subdivision Map Act, as determined by the City Engineer. The City shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the general plan, zoning, and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or tract map shall be required as a condition to the approval of a lot line adjustment. D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Standards of Approval. hi approving a Class II permit application for a lot line adjustment, the Review Authority may impose such standards as deemed necessary to • ensure that the lot line adjustment review will be in accordance with the findings required January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 19 by Section 17.23.160 (Findings) and the Subdivision Map Act. Standards include, but are not limited to, provisions for, or limitations to, the following: • 1. The existing parcels are contiguous; 2. The existing parcels comply with the provisions of the Subdivision Map Act, as determined by the City Engineer; 3. A greater number of parcels than originally existed will not be created; 4. The adjusted parcels will comply with the goals and policies of the general plan, provisions of the Code and zoning, and any other applicable statutes or regulations. Pre-existing, nonconforming lots or parcels may be merged into a single nonconforming parcel at the discretion of the Director; 5. The adjusted configuration of the parcels will be in accord with the established neighborhood lot design patterns and will not violate good planning practices; 6. There will be no impairment of any existing access or creation of a need for any new access to any adjacent parcels; 7. There will be no impairment to any existing easements or creation of a need for any new easements serving any adjacent parcels; 8. There will be no need to require substantial alteration to any existing improvements or create the need for any new improvements; 9. There is no adjustment of the boundary between existing parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements; and 10. Parcels to be created by the lot line adjustment or merger which contain an average cross slope of ten (10) percent or greater may be required to comply with Section 17.51.020 (Hillside Development) prior to or concurrently with the lot line adjustment. January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 20 i 17.23.170 Oak Tree Permit. • SUBSECTIONS: • A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. A. Purpose. This section establishes procedures and requirements to protect and preserve oak trees in the City and to provide regulatory measures designed to accomplish this purpose. B. Applicability. The provisions of this chapter shall be applied to the removal, relocation, encroachment, or impacting of any oak tree as determined to be applicable by the Director, and shall be subject to the issuance of an oak tree permit. C. Application Filing, Fees, and Project Review. Applications for an oak tree permit shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary) and 17.25 (Class IV Applications — Discretionary) as determined below: 1. Director Level Review (Class II Application). The Director shall review all Class 11 oak tree permit applications and shall impose conditions deemed appropriate when one or more of the following activities are proposed: a. A request for the removal of three (3) or fewer oak trees on a single parcel excluding the removal of any tree designated as a heritage oak tree; b. A request for the removal of five (5) or fewer oak trees, excluding the removal of any tree designated as a heritage oak tree, when the applicant is the owner of a single-family residence and the trees in question are on the same parcel; C. A request for pruning of oak trees, unless otherwise exempted by this Code; d. A request for encroachment of oak trees, unless otherwise exempted by this Code; or e. The Director may refer any request for an oak tree permit directly to the 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. January 2013 J DRAFT Division 17.20—Applications (17.22-17.28) Page 21 2. Commission Review (Class IV Application). The Commission shall review all Class IV oak tree permit applications and shall impose conditions deemed • appropriate when one or more of the following occurs: a. A request for the removal of four (4) or more oak trees on a single parcel; b. A request for the removal of six (6) or more oak trees when the applicant is the owner of a single-family residence and the trees in question are on the applicant's lot; C. The proposed project includes a Class I-V, V, VI or VII application; or d. The removal of any oak tree designated as a heritage oak tree. D. Project Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings: 1. The Approving Authority shall make one or more of the following findings before granting an oak tree permit: a. The condition or location of the oak tree(s) requires cutting to maintain or aid its health, balance, or structure; b. 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; C. 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; or d. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the Code. 2. No heritage oak tree shall be removed unless one or more of the above findings are made and the Review Authority 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 • January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 22 physical constraints of the property. It shall further be found that the removal of • such heritage oak tree will not be unreasonable detrimental to the community and surrounding area. • • January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 23 17.23.180 Requests for Reasonable Accommodations. • SUBSECTIONS: A. Purpose. B. Applicability. C. Application. D. Findings. E. Concurrent Review with Other Applications. F. Notice of Decision. G. Effective Date. H. Expiration of Reasonable Accommodation. I. Recorded Agreement. J. Appeals. K. Waiver of Fees. A. Purpose. This section implements part of the City's General Plan Housing Element and provides a procedure for individuals with disabilities to request reasonable accommodations, consistent with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Reasonable Accommodation Acts are amended from time to time. The sole intent of this section is to ensure that individuals with disabilities have an equal opportunity to use and enjoy housing by allowing an accommodation(s) with respect to certain City regulations, policies, procedures, and standards if said accommodation(s) are both reasonable and necessary to • provide such equal opportunity without compromising the City commitment to protecting community character and environmental quality. B. Applicability. The provisions of this section shall apply to all requirements of this Code well as all other regulations, policies, procedures, and standards regulated by the Department. C. Application. Any individual with a disability, someone acting on their behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain a reasonable accommodation in accordance with this section shall file a Class II application with the Director. Information requested on the application shall be provided on the checklist as provided by the City. The Director may request additional information as they deem reasonably necessary where such request is consistent with the Reasonable Accommodation Acts and the privacy rights of the individual with a disability. All procedures for processing the application shall. be in compliance with Chapter 17.06 (Common Procedures), except where otherwise stated in this section. D. Findings. The findings for a request for reasonable accommodation are as follows: 1. Where a request for a reasonable accommodation is sought in connection with a reasonable accommodation residential use for which no other concurrent January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 24 • • application for entitlement is required, the Director shall grant the request based upon the following findings, which they shall make in writing: a. The requested accommodation is intended to be used by an individual with a disability who resides or will reside on the property; b. The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use; C. The requested accommodation will not impose an undue financial or administrative burden on the City; and requested accommodation will not require a fundamental alteration in the nature of the land use and zoning of the City. 2. The Director shall deny a request for a reasonable accommodation where the findings set forth in subsection (D) (1) (Findings), above, cannot be substantiated, and shall make written findings to that effect. 3. Any reasonable accommodation approval shall include the requirement that such accommodation be removed when it is no longer necessary for the original purpose granted, unless, in the reasonable discretion of the Director, it is so physically integrated into the property or the improvements thereon that the cost or effort to remove it would create an unreasonable hardship. E. Concurrent Review with Other Applications. When a request for reasonable accommodation is filed in conjunction with an application for another application, variance, or any other discretionary land use entitlement, the Approving Authority shall grant or deny a request for a reasonable accommodation concurrently with the decision rendered for such application, variance, or other discretionary land use entitlement, and shall make findings addressing the criteria set forth in Section 17.23.180 (D) (Findings). F. Notice of Decision. I. The Director shall notify the applicant by mail of the action taken on an application for reasonable accommodation; said notice shall include the following: a. Notices of decision on applications considered by the Director pursuant to Section 17.23.180 (D) (Findings) shall be issued within 30 days of the date of the application, or within an extended period as mutually agreed upon, in writing, by the applicant and the Director. In addition to the applicant, a copy of the notice of decision by the Director shall be provided by mail to the property owner; b. Notices of decision on applications considered by a Approving Authority in conjunction with another land use entitlement application, pursuant to January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 25 Section 17.06.040 (Multiple Applications), shall be provided along with the decision for such other entitlement, in accordance with the • requirements for such other entitlement. In addition to any other persons required to receive notice of an action on the related entitlement application, a copy of the notice of decision shall also be provided by mail to the property owner. 2. The notice of decision shall include notice of the right to appeal, as set forth in Chapter 17.07 (Appeals or Certification of Review). G. Expiration of Reasonable Accommodation. A reasonable accommodation which is not used within the time specified in the notice of decision or, if no time is specified, within two years after the date of grant of the reasonable accommodation, shall expire and be of no further effect, except that: a. In cases in which the Director granted the original reasonable accommodation, the Director may extend the time as indicated in 17.06.230 (Time Limits and Extensions); and b. In the case of a reasonable accommodation granted concurrently and in conjunction with another land use entitlement, the Approving Authority may extend the time to use it to correspond with any extensions granted • for the use of such related entitlements. 2. A reasonable accommodation shall be considered used within the intent of this section when construction, development, or use authorized by such reasonable accommodation, that would otherwise have been prohibited in the absence of an accommodation being granted, has commenced. 3. A reasonable accommodation shall automatically cease to be of any further force and effect if the use for which such accommodation was granted has ceased or has been suspended for a consecutive period of two or more years and may be required to be physically removed in accordance with Section 17.23.180 (D) (Findings). H. Recorded Agreement. The Approving Authority may require the applicant to record with the Registrar- Recorder/County Clerk an agreement that the reasonable accommodation granted will be maintained in accordance with the terms of the reasonable accommodation and this section as a covenant running with the land for the benefit of the City in those instances described in subsection (2), below. The recorded agreement shall also provide that any violation thereof shall be subject to the enforcement procedures of this Code and the Municipal Code. January 2013 1 DRAFT Division 17.20 — Applications(17.22-17.28) Page 26 • 2. The Approving Authority may require the recorded agreement, as described in subsection (1), above, if: a. The accommodation is physically integrated on the property and cannot feasibly be removed or altered, and the structure would otherwise be subject to Chapter 17.05 (Legal Nonconforming Uses, Lots and Structures); or b. The accommodation is temporary and required to be discontinued no longer maintained in compliance with this section. 3. The Approving Authority may authorize termination the agreement to maintain the reasonable accommodation, as described in subsection (A), above, after making written findings that the lot is in compliance with all applicable land use and zoning regulations. 4. The property owner is required to record the termination or release of any agreement provided by this subsection. I. Appeals 1. An appeal regarding a decision to grant or deny reasonable accommodation shall • be made in writing, pursuant to the procedures and the time limits established in Chapter 17.07 (Appeals or Certification of Review). • 2. All decisions on an appeal shall address and be based upon the same findings required by Section 17.23.180 (D) (Findings). 3. Decisions on an appeal of a decision made by a Review Authority, made in conjunction with other land use entitlements, as set forth in Section 17.06.040 (Multiple Applications), shall be effective on the same date as is provided for an appeal of the related land use entitlement and any further rights of appeal will be the same as is provided for an appeal of the related land use entitlement. J. Waiver of Fees. An applicant requesting a reasonable accommodation shall not be required to pay the City environmental assessment fee if the project that is the subject of said request qualifies for either a categorical exemption or statutory exemption under the California Environmental Quality Act. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 27 17.23.190 Sign Review. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the installation of any new signage. Through sign review, the Director shall ensure that the signage complies with all of the provisions of the development code, the general plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for signage in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of a sign review. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, sign review approval shall be required prior to the issuance of any installation and/or permit for any signage at the discretion of the Director. A sign review shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications — Discretionary). C. Application Filing, Fees, and Project Review. Applications for a sign review shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). D. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings: 1. Complies with all applicable design guidelines; 2. Would not interfere with pedestrian or vehicular safety; 3. Would not detract from the character of a historic or architecturally significant structure; 4. Would not be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property; 5. Would not detract from the pedestrian quality of the street or area; 6. Would not add to or create an over -proliferation of signs on a particular property; and January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 28 7. Would enhance the overall development, be in harmony with, and relate visually • to other signs on-site, to the structures or developments they identify, and to surrounding development. E. Conditions of Approval. In approving a Class II permit application for a sign review, the Approving Authority may impose such conditions as deemed necessary to ensure that the sign review will be in accordance with the findings required by Section 17.23.190 (D) (Findings), above subject to the performance of such conditions, including the provision of required improvements as the Approving Authority shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the devel- opment code, general plan, adopted design guidelines, Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: 1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a sign review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the sign plan. Such security shall be furnished as required by this Code; 2. Whenever a sign review approval is granted, or modified, subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant ® to local ordinance to make such improvements prior to the time of events specified in the sign review approval; and • 3. Such other conditions as the Approving Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 29 17.23.200 Temporary Use Permit. SECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees and Project Review. D. Project Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Extension or Modification of Limitations. A. Purpose. This section establishes procedures and requirements for temporary activities and events that may not otherwise be allowed in the underlying zones, but may be acceptable because of their limited or temporary nature. This section also establishes procedures for both short-term and extended -term special events. B. 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. A temporary use permit shall be applicable as follows: A temporary use permit for a short-term temporary use or event shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications — Discretionary), as listed in Chapter 17.67 (Temporary Uses). 2. Extended -Term Temporary Use Permit. A temporary use permit for an extended term shall be filed as a Class IV application, subject to Chapter 17.25 (Class IV Applications Discretionary), except that outside display or sales of goods, equipment, merchandise or exhibits in commercial zones shall not be authorized for an extended term. C. Application Filing, Fees and Project Review. Applications for a temporary use permit shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary) for a standard temporary use permit and 17.25 (Class IV Applications — Discretionary) for extended -term temporary use permits D. Project Notice and Required Actions. The notice of the public hearing for an extended - term temporary use permit shall be in compliance with Section 17.06.110 (Type Il Public Noticing (Public Hearing)). E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings: 1. That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 30 • • • E 11 acceptable to the Director in any case where such temporary use is proposed for a period longer than one weekend or three consecutive days; 2. That approval of a temporary use permit will not result in the use of a lot for a cumulative time period in excess of the maximum time period such temporary use may be authorized during any 12 -month period, except where a longer period is specifically approved in accordance with the provisions of Section 17.23.200 (B) (2) (Extended -Term Temporary Use Permits); and 3. In addition, the following findings shall be required for the approval of an extended -term temporary use permit: 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 are in accordance with the purpose of this development code, the purpose of the zone in which the site is located, the 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; d. That the use and facilities will not adversely affect or conflict with adjacent uses, or impede the normal development of, surrounding properties; and e. The extended -term temporary use permit shall not exceed a period of five years. F. Conditions of Approval. In approving a Class II temporary use permit or Class IV extended -term temporary use permit, the Approving Authority may impose such conditions as deemed necessary to ensure that the permit will be in accordance with the findings required by Section 17.23.200 (E) (Findings), above. Conditions imposed by the Approving Authority may involve any pertinent factors affecting the operation of the use for which such temporary use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following: In approving an application for a temporary use permit or extended -term temporary use permit, the Approving Authority may impose such conditions as they deem necessary to ensure that the permit will be in accord with the findings required by Section 17.06.130 (Findings and Decisions). These conditions may involve any pertinent factors affecting the operation of such special event or use including but not limited to: January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 31 a. Requirement of temporary parking facilities including vehicular access • and egress; b. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, garbage and heat; C. Requirement of noise mitigation, when necessary, to reduce potential noise impacts to adjacent sensitive uses, which may include notification to affected residents and other means as appropriate; d. Regulation of temporary buildings, structures, and facilities including placement, height and size, limitations on commercial rides or other equipment permitted, the location of open spaces including buffer areas and other yards, and signs; e. Regulation of operating hours and days including limitation of the duration of such temporary use to a shorter or longer time period than the maximum period authorized; f Requirement of a performance bond or other surety device to assure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within one week following such event and the property restored to a neat condition. The Director may designate a different time period and/or require cleanup of additional surrounding property at their discretion; g. Requirement of a site plan indicating all details and data as prescribed in this Code; h. Requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other City ordinances; i. Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Code. 2. In addition to such other conditions as the Approving Authority may impose, it shall also be deemed a condition of every temporary use permit, whether such condition is set forth in the temporary use permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of, any permanent building, structure, or facility January 2013 1 DRAFT Division 17.20 — Applications(17.22-17.28) Page 32 • 3. The Director in approving a temporary use permit for the outside display or sales • of goods, equipment, merchandise, or exhibits may permit a temporary banner, limited in time for the duration granted in the permit, at any location on the subject property deemed appropriate. However, in no event shall the Director authorize a banner that exceeds 60 square feet of total sign area. E 4. In the granting of a temporary use permit, the Review Authority may authorize temporary use of parking and related facilities established to serve permanent uses as follows, provided, that such temporary usage is specifically recognized in the temporary use permit: a. Joint usage of required automobile parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or their authorized legal representative submits written consent, and it is determined by the Approving Authority that such joint utilization will not have a substantially detrimental effect on the surrounding area; b. Temporary occupation by a temporary use of a portion of parking facilities or structures established to serve a permanent use provided the owner or occupant of such use or their authorized legal representative submits written consent, and it is determined that such joint utilization will not have a substantially detrimental effect on the surrounding area. • C. The temporary reduction in required parking for such permanent use shall not be construed to require a variance with respect to parking requirements of this Code. G. Extension or Modification of Limitations. Upon written application, the Director may extend the time within which temporary uses may be operated for up to a total of one year for a temporary use permit and five years for an extended -term temporary use permit, 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. Should a reasonable case be presented to the Director that there is a public nuisance created as a result of the temporary use permit, additional review in the form of a noticed public hearing before the Commission may be required. At that hearing, additional conditions may be imposed to mitigate any nuisance, or the temporary use permit may be revoked in accordance with the provisions of this Code. H. Successive Permits. After the submission of a new application, the Director may allow successive applications for temporary use permits for a like use on the same parcel of land. January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 33 Chapter 17.24 Class III Applications—Discretionary 0 SECTIONS: 17.24.010 Purpose. 17.24.020 Applicability. 17.24.030 Review Authority and Related Procedures. 17.24.040 Application Filing, Fees, and Project Review. 17.24.050 Project Notice. 17.24.060 Required Actions. 17.24.070 Post -Decision Procedures. 17.24.080 Revisions to an Approved Site Plan. 17.24.100 Adjustments. 17.24.110 Administrative Sign Variances and Historic Sign Designation. 17.24.120 Minor Use Permit. 17.24.010 Purpose. The Class III application is a discretionary process for reviewing uses that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class III applications require public notification, but do not require a hearing unless one is requested. 17.24.020 Applicability. A. Underlying Zones. A Class III application is required to authorize uses identified in Division 17.40 (Use Classifications and Required Parking) as being allowed in the applicable underlying zone, subject to the approval of a Minor Use Permit or other Class III applications. B. Other Specific Uses or Standards. A Class III application may also be required for use or structure types having unusual site development features, or operating characteristics requiring special consideration so that they may be designed, located, and operated compatible with uses on the same or adjacent properties and in the surrounding area. 17.24.030 Review Authority and Related Procedures. A. General Requirements. A Class III application shall be approved, conditionally approved, or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class III review established in this Code. B. Referral. The Director may refer a Class III application to the Hearing Officer for consideration and decision. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 34 CJ U i17.24.040 Application Filing, Fees, and Project Review. Applications for a Class III application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). 17.24.050 Project Notice. The Department shall provide notice of the request in compliance with Section 17.06. 100 (Type I Public Noticing) on a Class III application before taking any action. 17.24.060 Required Actions. A. Approval. The Approving Authority may approve a Class III application if: 1. No valid written requests for an administrative hearing, pursuant to subsection (D), below, are received within the period specified; and 2. The findings, principles, and standards of Section 17.06.130 (Findings and Decision), are substantiated. ® B. Referral. The Director shall refer a Class III application to the Hearing Officer for consideration if, during the public noticing period, a request for a hearing is filed with the Director. is C. Denial. The Approving Authority shall deny the Class III application if the findings, principles, or standards of Section 17.06.130 (Findings and Decision), are not substantiated. D. Written Requests. The written requests for a public hearing shall be based on issues of significance directly related to the application; provision of evidence that the request cannot meet one or more of the findings, principles, or standards identified in Section 17.06.130 (Findings and Decisions) in order to be considered valid. 17.24.070 Post -Decision Procedures. Class III application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing) and 17.06.240 (Resubmission of Application). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 35 17.24.080 Revisions to an Approved Site Plan. The Director may approve revisions to a site plan for an approved Class III application in accordance with Chapter 17.09 (Minor Permit Modifications). January 2013 j DRAFT Division 17.20—Applications (17.22-17.28) Page 36 is • • 17.24.100 Adjustments. • SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees and Project Review. D. Project Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This Section establishes procedures and requirements for granting adjustments, a form of relief from development standards within this Code. An adjustment may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Code develop through the strict literal interpretation and enforcement of such development standards provisions. B. Applicability. Unless specifically modified by an adjustment, all regulations prescribed in the underlying zone in which such adjustment is granted shall apply. An adjustment shall be filed subject to Chapter 17.24 (Class III Applications — Discretionary). Any modification not listed below shall be subject to Section 17.25.120 (Variances). An adjustment is required as described below: • 1. An adjustment may be granted to allow the modification of any development standard by not more than 20 percent of the development standard; 2. An adjustment may be granted for modifications to a development standard on an existing single-family home including, but not limited to, the required yard, fence, or wall height. Structures exceeding 35 feet in height shall be subject to Section 17.25. 100 (Conditional Use Permit); or 3. An adjustment may be granted to modify a development standard to be consistent with the prevailing standard (more than fifty (50) percent of the block). C. Application Filing, Fees, and Project Review. Applications for an adjustment shall be in compliance with Chapter 17.24 (Class III Applications — Discretionary). D. Project Notice and Required Actions. The notice shall be in compliance with Section 17.24.050 (Project Notice) and Section 17.24.060 (Required Actions). E. Findings. The Review Authority shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision) in addition to the following: • January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 37 I . That the adjustment does not authorize a use or activity that is not allowed in the zone; • 2. 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 3. That the granting of 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. F. Conditions of Approval. In approving a Class III permit application for an adjustment, the Review Authority may impose such conditions as deemed necessary to ensure that the adjustment will be in accordance with the findings required by Section 17.24. 100 (E) (Findings), above. Conditions imposed by the Approving Authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested. 2. All development standards prescribed in the zone shall apply unless specifically modified by the adjustment. G. Expiration and Extensions. In the granting of a Class III permit for an adjustment, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 38 11 17.24.110 Administrative Sign Variance and Historic Sign Designation. • SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting a variance from the standards contained in Section 17.51.080 (Sign Regulations (Private Property)), or designating a sign as historic and therefore exempt from the standard size, height, and type regulations of this Code. An administrative sign variance may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Code develop through the strict literal interpretation and enforcement of such development standards and provisions. B. Applicability. 1. Unless specifically modified by an administrative sign variance or a historic sign • designation, all regulations prescribed in the underlying zone in which such an administrative sign variance or historic sign designation is granted shall apply. A Class III application shall be filed subject to Chapter 17.24 (Class III Applications — Discretionary). The additional rules are applicable as described below: a. No administrative sign variance may be granted, however, that would permit any of the prohibited types of signs provided in Section 17.5 1.080 (U), (Prohibited Signs); or b. If a sign is designated as historic, the sign area of the subject sign counts toward the overall allowable sign area. C. Application Filing, Fees, and Project Review. Applications for an administrative sign variance or historic sign designation shall be in compliance with Chapter 17.24 (Class III Applications — Discretionary). D. Project Notice and Required Actions The notice shall be in compliance with Section 17.24.050 (Project Notice) and Section 17.24.060 (Required Actions). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 39 E. Findings. The Approving Authority shall approve an application only after the applicant • substantiates the following required findings per Section 17.06.130 (Findings and Decision) in addition to the following: These additional findings are required for an administrative sign variance: a. That no other signage alternative or design would be feasible or be able to provide reasonable signage in accordance with this Code; b. 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: C. That the variance does not authorize a use or activity that is not allowed in the zone; d. That, because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification; e. That the variance authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; f That strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and, g. That such variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of properties of other persons located in the vicinity. h. That the sign contains at least one of the following: i. Creative image reflecting the current or historical character of Santa Clarita, or other community as determined by the Director; ii. Symbols representing the use, name or logo of the building or business; iii. Unusual lighting techniques; iv. Hand sculptured elements of wood, metal or other materials; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 40 • i • • V. Classic historic design style; vi. Hand painted lettering or graphic 2. These additional findings are required for a historical sign designation: a. That it meets the criteria for listing on the National Register of Historic Places or the California Register of Historical resources; or b. That it is at least fifty (50) years old or is of exceptional importance; and is one or more of the following: That it exemplifies or reflects special elements of the City's history; ii. That it embodies distinguishing architectural characteristics of a style, type, period or method of construction; iii. That it has a unique location, a singular physical characteristic or is an established and familiar visual feature of a neighborhood community or the City; iv. That it is of a business over fifty (50) years old, considered to have extensive local significance within the Santa Clarita Valley; C. The sign does not obstruct vehicular or pedestrian traffic or visibility. F. Conditions of Approval. In approving a Class III permit application for an administrative sign variance or historical sign designation, the Approving Authority may impose such conditions as deemed necessary to ensure that the administrative sign variance or historical sign designation will be in accordance with the findings required by Section 17.24.110 (E) (Findings), above. Conditions imposed by the Approving Authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such variance or designation is requested. 2. All development standards prescribed in the zone shall apply unless specifically modified by the administrative sign variance or historical sign designation. G. Expiration and Extensions. The granting of a Class III permit for an administrative sign variance or historical sign designation, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 41 17.24.120 Minor Use Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting a minor use permit, in order to give the use regulations the flexibility necessary to achieve the objectives of this Code. Because of their unusual characteristics, certain land uses require special consideration so that they may be located properly with respect to the objectives of the Code and with respect to their effects on surrounding properties. In order to achieve these goals, the Approving Authority is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of minor use permits. B. Applicability. A minor use permit shall be filed as a Class III application, subject to Chapter 17.24 (Class III Applications — Discretionary). The Reviewing Authority shall review an application for a minor use permit as required below: I. A land use, as indicated in Division 17.40 (Use Classifications and Required Parking), requires that a minor use permit be approved for the use; 2. Request for reduction of parking; 3. Certain land development processes; ,4. As required by an approved Specific Plan or Corridor Plan; or 5. As identified in this Code. C. Application Filing, Fees, and Project Review. Applications for a minor use permit shall be in compliance with Chapter 17.24 (Class III Applications — Discretionary). D. Project Notice and Required Actions. The notice shall be in compliance with Section 17.24.050 (Project Notice) and Section 17.24.060 (Required Actions). E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 42 r 1 LJ • • 0 • 1. These additional findings are required for a minor use permit for parking reductions: a. 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; b. That the granting of the permit 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; C. The permit will facilitate access to nonresidential development by patrons of public transit facilities; d. That the parking demand would be less than the requirements identified in Section 17.51.060 (M) (Schedule of Off-street Parking Requirements); and, e. That sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel. F. Conditions of Approval. In approving a Class III permit application for a minor use permit, the Approving Authority may impose such conditions as deemed necessary to ensure that the minor use permit will be in accordance with the findings required by Section 17.24.120 (E) (Findings), above. Conditions imposed by the Review Authority may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such minor use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following: 1. Special yards; 2. Open spaces; 3. Buffers; 4. Fences; 5. Walls; 6. Height of buildings, walls or other structures; 7. Installation and maintenance of landscaping; 8. Street dedications, medians, and improvements; 9. Regulations of points of vehicular ingress and egress; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 43 10. Regulation of traffic circulation; • 11. Regulation of signs; 12. Regulation of hours of operation and methods of operation; 13. Control of potential nuisances; 14. Architectural standards; 15. Establishment of development schedules and development standards; and, 16. Such other conditions as the Approving Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. G. Expiration and Extensions. In the granting of a Class III permit for a minor use permit, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 44 Chapter 17.25 Class IV Applications—Discretionary SECTIONS: 17.25.010 Purpose. 17.25.020 Applicability. 17.25.030 Review Authority and Related Procedures. 17.25.040 Application Filing, Fees, and Project Review. 17.25.050 Project Notice and Required Actions. 17.25.060 Public Hearing, Findings and Decision. 17.25.070 Post -Decision Procedures. 17.25.080 Zone Regulations. 17.25.090 Revisions to an Approved Site Plan. 17.25. 100 Conditional Use Permits. 17.25.110 Tentative Subdivision Maps. 17.25.120 Variance. 17.25.010 Purpose. The Class IV application is a discretionary process for reviewing uses and standards that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class IV applications require • public notification and a public hearing. 17.25.020 Applicability. A Class IV application is required to authorize actions by the Commission. 17.25.030 Review Authority and Related Procedures. A. General Requirements. A Class IV application shall be approved, conditionally approved, or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class IV application established in this Code. B. Referral. The Review Authority may refer a Class IV application to the next higher Review Authority for consideration and decision. 17.25.040 Application Filing, Fees, and Project Review. Applications for a Class IV application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review) and 17.06.090 (Project Evaluation and Staff Reports). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 45 17.25.050 Project Notice and Required Actions. 0 The Department shall provide notice of the hearing in compliance with Section 17.06.110 (Type I1 Public Noticing (Public Hearing)) on a Class IV application before taking any action. 17.25.060 Public Hearing, Findings and Decision. Class IV application public hearing, findings and decision shall be in compliance with Sections 17.06.120 (Public Hearing Procedure), 17.06.130 (Findings and Decision), and 17.06.150 (Decision after Administrative Hearing or Public Hearing). 17.25.070 Post -Decision Procedures. Class IV application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing) and 17.06.240 (Resubmission of Application). 17.25.080 Zone Regulations. Unless specifically modified by an approved Class IV application, all regulations prescribed in • the underlying zone in which such permit is granted shall apply. 17.25.090 Revisions to an Approved Site Plan. The Review Authority may approve revisions to a site plan for an approved Class IV application in accordance with Chapterl7.08 (Revocations and Revisions) and Chapter 17.09 (Minor Permit Modifications). January 2013 4 DRAFT Division 17.20 —Applications (17.22-17.28) Page 46 0 17.25.100 Conditional Use Permit. • SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting conditional use permits, in order to give the use regulations the flexibility necessary to achieve the objectives of this Code. Because of their unusual characteristics, certain land uses require special consideration so that they may be located properly with respect to the objectives of the development code and with respect to their effects on surrounding properties. In order to achieve these goals, the Approving Authority is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of conditional use permits. B. Applicability. A conditional use permit shall be filed as a Class IV application, subject to Chapter 17.25 (Class IV Applications — Discretionary). The Reviewing Authority shall • review an application for a conditional use permit as required below: 1. A land use, as indicated in Division 17.40 (Use Classifications and Required Parking), requires that a conditional use permit be approved for the use; 2. Certain land development requirements and activities; 3. Any structure exceeding the height established for the underlying zone; 4. As required by an approved Specific Plan or Corridor Plan; or 5. As identified in this Code. C. Application Filing, Fees, and Project Review. Applications for a conditional use permit shall be in compliance with Chapter 17.25 (Class IV Applications — Discretionary). D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision); • January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 47 F. Conditions of Approval. In approving a Class IV permit application for a conditional use permit, the Approving Authority may impose such conditions as deemed necessary to ensure that the conditional use permit will be in accordance with the findings required by Section 17.25.100 (E) (Findings), above. Conditions imposed by the Review Authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such conditional use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following: 1. Special yards; 2. Open spaces; 3. Buffers; 4. Fences; 5. Walls; 6. Height of buildings, walls, or other structures; Installation and maintenance of landscaping; 8. Street dedications, medians, and improvements; 9. Regulations of points of vehicular ingress and egress; • 10. Regulation of traffic circulation; 11. Regulation of signs; 12. Regulation of hours of operation and methods of operation; 13. Control of potential nuisances; 14. Architectural standards; 15.. Establishment of development schedules and development standards; and, 16. Such other conditions as the Approving Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. G. Expiration and Extensions. In the granting of a Class IV permit for a conditional use permit, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Division 17.20—Applications (17.22-17.28) Page 48 17.25.110 Tentative Subdivision Maps. ® SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. F. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for requirements for the review and approval of tentative subdivision maps for the division of all land within the City, in accordance with the Subdivision Map Act and this Code. B. Applicability. This section shall regulate the content of tentative subdivision maps for all land within the City and the filing of tentative tract maps and tentative parcel maps as indicated below: 1. A tentative parcel map shall be required for a subdivision of land consisting of four (4) or less lots. 2. A tentative tract map shall be required for a subdivision of land consisting of • more than four (4) lots or any condominium project. 3. A vesting tentative tract map or vesting tentative parcel map may be submitted for all subdivisions. • C. Application Filing, Fees, and Project Review. Applications for a tentative subdivision map shall be in compliance with Chapter 17.25 (Class IV Applications — Discretionary). D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). Approval of a vesting tentative map shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 49 F. Expiration and Extensions. In the granting of a Class IV permit for a tentative subdivision map, the applicant shall record the map in compliance with Section 17.06.230 (Time Limits and Extensions) and Subdivision Map Act. Is January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 50 17.25.120 Variances. • SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting variances, a form of relief from development standards within this Code. A variance may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Code develop through the strict application and enforcement of such development standards and provisions. B. Applicability. Unless specifically modified by a variance, all regulations prescribed in the underlying zone in which such variance is granted shall apply. A variance shall be filed as a Class IV application, subject to Chapter 17.25 (Class IV Applications — Discretionary). • 1. A variance may be granted to allow the modification of any development standard. 2. A variance shall not be granted to permit a use that is prohibited in a zone. C. Application Filing, Fees, and Project Review. Applications for a variance shall be in compliance with Chapter 17.25 (Class IV Applications — Discretionary). D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: 1. That the variance does not authorize a use or activity that is not allowed in the zone; 2. That, because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification; January 2013 1 DRAFT Division 17.20— Applications (17.22-17.28) Page 51 3. That the variance authorized will not constitute a grant of special privilege • inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; 4. That strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and 5. That such variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment, or valuation of properties of other persons located in the vicinity. F. Conditions of Approval. In approving a Class IV permit application for a variance, the Approving Authority may impose such conditions as deemed necessary to ensure that the variance will be in accordance with the findings required by Section 17.25.120 (E) (Findings), above. Conditions imposed by the Review Authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such variance is requested. 2. All development standards prescribed in the zone shall apply unless specifically modified by the variance. G. Expiration and Extensions. In the granting of a Class IV permit for a variance, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 52 • 0 E • Chapter 17.26 Class V Applications—Discretionary SECTIONS: 17.26.010 Purpose. 17.26.020 Applicability. 17.26.030 Review Authority and Related Procedures. 17.26.040 Application Filing, Fees, and Project Review. 17.26.050 Project Notice and Required Actions. 17.26.060 Public Hearing. 17.26.070 Post -Decision Procedures. 17.26.110 General Plan Amendment. 17.26.120 Master Plans. 17.26.130 Ridgeline Alteration Permit. 17.26.010 Purpose. The Class V application is a discretionary process for reviewing uses that are non -legislative but require Council approval. Class V applications require public notification and public hearings before both the Commission and the Council. 17.26.020 Applicability. A Class V application is required to authorize non -legislative actions by the Council. 17.26.030 Review Authority and Related Procedures. A. General Requirements. Class V applications shall be approved, conditionally approved, or denied by the Approving Authority in compliance with Table 17.06-1 (Review Authority), any additional requirements, or review criteria for a Class V review established in this Code. B. Assignment. The Director shall assign a Class V application to the Commission for a public hearing and recommendation to the Council. 17.26.040 Application Filing, Fees, and Project Review. Applications for a Class V application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). 17.26.050 Project Notice and Required Actions. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 53 The Director shall provide notice of the hearing in compliance with Section 17.06.110 (Type I1 • Public Noticing (Pubic Hearing)) on a Class V application before taking any action. 17.26.060 Public Hearing. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 17.26.070 Post -Decision Procedures. Class V application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). January 2013 1 DRAFT Division 17.20—Applications (17.22-17.28) Page 54 • 17.26.110 General Plan Amendments. • SUBSECTIONS: A. Purpose. B. Initiation. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Commission and Council Actions. F. Findings. A. Purpose. This section establishes procedures for consideration of amendments, additions, deletion, or changes to the general plan and associated maps and/or exhibits. The general plan and associated maps and/or exhibits may be amended in accordance with the procedure prescribed in this section as authorized by the State Government Code. B. Initiation. Initiation by the City. A general plan amendment may be initiated by the following Review Authorities: a. Council. The Council may instruct the Director to initiate an amendment; b. Commission. The Commission may instruct the Director to initiate an amendment; or C. Director. The Director may initiate an amendment. 2. Initiation by the Applicant. A general plan amendment may be initiated by the filing of a Class V application. 3. Timing of General Plan Amendments. Each mandatory element of the General Plan may be amended up to four times in a single calendar year in compliance with Section 65358 of the State Government Code. C. Application Filing, Fees, and Project Review. Applications for a general plan amendment shall be in compliance with Chapter 17.26 (Class V Applications — Discretionary). D. Project Notice and Required Actions. The notice of the public hearings shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). rJanuary 2013 DRAFT Division 17.20 — Applications (17.22-17.28) Page 55 E. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public • hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a general plan amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a general plan amendment, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a general plan amendment, provided that any modification of the proposed general plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing, 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). F. Findings. The Council shall approve an application only after the applicant substantiates the following: 1. The proposed general plan amendment meets all of the findings per Section 17.06.130 (Findings and Decision); 2. Properties which benefit from increased density or intensity of development resulting from the general plan amendment shall fully mitigate their increased sewer impact at the time that development occurs on the properties. 3. In addition, the Council shall make at least one of the following findings: January 2013 , DRAFT • Division 17.20 —Applications (17.22-17.28) Page 56 a. The proposed general plan amendment is consistent with other elements of • the City's general plan pursuant to Government Code § 65300.5. • b. The proposed general plan amendment, if applicable, responds to changes in State and/or federal law pursuant to Government Code § 65300.9. C. The proposed general plan amendment has been referred to the County of Los Angeles and any adjacent cities abutting or affected by the proposed action, the Local Agency Formation Committee (LAFCO), and any federal agency whose operations or lands may be affected by the proposed decision pursuant to Government Code § 65352. January 2013 1 DRAFT Division 17.20 — Applications (1722-17.28) Page 57 17.26.120 Master Plans. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Commission and Council Actions. F. Findings. G. Procedure and Review. H. Permitted Uses. I. Property Development Standards. A. Purpose. This section establishes procedures for consideration of master plans as authorized by the State Government Code. A master plan is intended to achieve the following purposes: Establish a procedure by which multiple uses and development can be evaluated, considered, and approved concurrently, thereby reducing processing time and uncertainty by eliminating the need for multiple entitlements to be obtained over the life of a development project; U 2. Ensure orderly and comprehensive City review of development plans resulting in more compatible and desirable development; and. Is 3. Master plans shall be considered only for development projects in which the site can be developed in such a way that buildings, structures, pedestrian and vehicular circulation, landscaping and open space relate harmoniously to create a campus -like setting. B. 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. January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 58 Cl 2. Projects That Are Inconsistent. If a project that is inconsistent with an approved is 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 Code. C. Application Filing, Fees, and Project Review. Applications for a master plan shall be in compliance with Chapter 17.26 (Class V Applications – Discretionary). D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). E. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a master plan shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a plan, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). • 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by the Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a master plan, provided that any modification of the proposed plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner. prescribed by Section 17.06.160 (Notice of Action and Findings). F. Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). January 2013 1 DRAFT Division 17.20 – Applications (17.22-17.28) Page 59 G. Procedure and Review. I. Expiration. A master plan shall expire on the date designated by the Council. 40 2. Renewal. An approved master plan may be renewed for a period approved by the Council, with notice and public hearing in accordance 17.06.110 (Type II Public Noticing (Public Hearing)), if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the plan. Application for renewal shall be made in writing between thirty (30) and sixty (60) days prior to lapse of the original approval. 3. Amendments. Any amendments to such master plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below: a. A master plan may be amended in the same. manner as provided for adoption of a master plan by this section. b. An amendment to a master plan may be initiated by the Director, Commission, or Council. An amendment may also be initiated by the applicant for the master plan 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 master plan. C. The City's review of the proposed amendment shall be limited to the scope of the application, and shall not address reconsideration of aspects of the existing master plan, including conditions of approval, that are not the subject of the application,' except as such aspects that may be affected by the proposed amendment. 4. Review. All approved master plans may be periodically reviewed by the Director, Commission, or other body designated by the Council, for compliance with the features of the plan and conditions of approval, at time intervals identified by the Director. The review may take place at a noticed public hearing as provided with Section 17.06.110 (Type It Public Noticing (Public Hearing)). The owner shall be notified in writing of the Approving Authority's determination. If the Approving Authority finds noncompliance with the plan or the conditions of approval, it may direct the Director to withhold building and other permits for any development within the area covered by the plan until compliance is achieved and/or direct the Director to schedule a public hearing before the Council for revocation of the master plan. Such hearing shall be noticed as required with Section 17.06.110 (Type lI Public Noticing (Public Hearing)). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 60 • H. Permitted Uses. Master plans may be considered for development projects, which meet the following: 1. Multiple uses can be included and considered as part of a master plan. The following uses may be approved as part of a master plan: a. Uses permitted or conditionally permitted in the underlying zone; b. Uses accessory to a permitted or conditionally permitted use; and/or C. Uses similar in nature and directly associated with and dependent upon the primary function of the master plan. 1. Property Development Standards. All development standards of the underlying zone shall apply to master plans. The Approving Authority shall be permitted to increase the setback requirements of the underlying zone and also to modify or delete the following requirements when it can be shown that the alternative achieves a similar purpose. 1. The master plan shall be designed and developed in a manner compatible with and complementary to existing development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. ® The applicant shall include the anticipated architectural themes for the master plan area with the submittal of the master plan for review and approval. • 2. Building architecture throughout the project is consistent and complementary. 3. If the project is to be developed in stages, the master plan shall coordinate improvement of the site, the construction of structures, and improvements in such open space in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development. 4. Master plans shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, ridgelines, oak trees, significant flora and/or fauna, and similar features and areas. These areas shall be designed to use and retain the features and amenities to the greatest extent possible. 5. Accessory uses and structures shall be located as specified on the development plans as approved by the Council; provided, however, that accessory structures shall meet all of the setbacks for site development as specified in the master plan and the underlying zone in which it is located. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 61 17.26.130 Ridgeline Alteration Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Commission and Council Actions. F. Findings. 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 alteration permit is established to regulate development located in the Ridgeline Preservation (RP) Overlay Zone. B. Applicability. A ridgeline alteration permit shall be filed as a Class V application, subject to Chapter 17.26 (Class V Applications — Discretionary). The Reviewing Authority shall review an application for a ridgeline alteration permit for any development including but not limited to grading permits, building permits and land use entitlements, in the vicinity of a generally designated significant ridgeline designated on the Ridgeline Preservation Overlay Zone. C. Application Filing, Fees, and Project Review. Applications for a ridgeline alteration permit shall be in compliance with'Chapter 17.26 (Class V Applications — Discretionary). D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). E. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a ridgeline alteration permit shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a ridgeline alteration permit, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 62 CJ 11 3. Notice of Commission Action. The Commission shall serve a notice of its action • in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type 11 Public Noticing (Public Hearing)). Council Action on Commission Recommendations. The Council may approve, modify, or reject the recommendation of the Commission involving a general plan amendment, provided any modification of the proposed ridgeline alteration permit by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). F. Findings. The Council shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: • 1. 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. 2. The appearance of the use or development will not be substantially different than the appearance of adjoining ridgeline areas so as to cause depreciation of the ridgeline appearance in the vicinity. 3. The establishment of the proposed use or development will not impede the normal and orderly development and improvement of surrounding properties, nor encourage inappropriate encroachments to the ridgeline area. 4. The proposed use or development demonstrates creative 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 as a whole. The use or development minimizes the effects of grading to the extent practicable to ensure that the natural character of the ridgeline is preserved. 6. The proposed use or development is designed to mimic the existing topography to the greatest extent possible through the use of landform contour grading. • January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 63 7. The proposed use or development does not alter natural landmarks and prominent • natural features of the ridgelines. January 2013 1 DRAFT • Division 17.20 —Applications (17.22-17.28) Page 64 0 • • Chapter 17.27 Class VI Applications—Discretionary SECTIONS: 17.27.010 Purpose. 17.27.020 Applicability. 17.27.030 Review Authority and Related Procedures. 17.27.040 Application Filing, Fees, and Project Review. 17.27.050 Project Notice and Required Actions. 17.27.060 Public Hearing. 17.27.070 Findings, Decision and Post -Decision Procedures. 17.27.100 Pre -Annexation Agreement. 17.27.010 Purpose. The Class VI application is a discretionary process for reviewing uses that are non -legislative and require Council approval. Class VI applications require public notification and a public hearing before the Council only. 17.27.020 Applicability. A Class VI application is required to authorize non -legislative actions. 17.27.030 Review Authority and Related Procedures. A. General Requirements. Class VI applications shall be approved, conditionally approved, or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VI review established in this Code. B. Assignment. The Director shall assign a Class VI application to Council for a public hearing and action. 17.27.040 Application Filing, Fees and Project Review. Applications for a Class VI application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review) and 17.06.090 (Project Evaluation and Staff Reports). 17.27.050 Project Notice and Required Actions. The Directort shall provide notice of the hearing in compliance with Section 17.06.110 (B) (1) (Publication) on a Class VI application before taking any action. 17.27.060 Public Hearing. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 65 The Council shall conduct public hearing in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing). 17.27.070 Findings and Decision Procedures. Class VI application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decision). 17.27.080 Post -Decision Procedures. Class VI application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). January 2013 1 DRAFT Division 17.20—Applications (17.22-17.28) Page 66 • CI 17.27.100 Pre -Annexation Agreement. • SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Council Actions. F. Findings. A. Purpose. The purpose of this section is to provide procedures, requirements, and a formal agreement for consideration of the acceptance of existing County entitlements and standards that do not meet the City's development standards as part of an annexation. B. Applicability. The Council may grant exceptions to the following provisions of the Code in accordance with County -approved entitlements that annex to the City upon a finding that the impacts of such minor exceptions are consistent with the General Plan and proposed zoning and will not adversely affect or be materially detrimental to adjacent uses or residents: Permitted uses; ® 2. Parking; 3. Setbacks; 4. Floor area ratio; 5 Signage; 6. Architectural design elements; 7. Right-of-way improvements; 8. Landscaping; 9. Hillside development; and 10. Other development standards as determined by the Council. C. Application Filing, Fees, and Project Review. Applications for a pre -annexation agreement shall be in compliance with Chapter 17.27 (Class VI Applications — Discretionary). • January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 67 D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (B) (1) (Publication). E. Council Action. 1. Commission Action. A pre -annexation agreement shall not require a public hearing before the Commission for action, unless directed by the Council. 2. Public Hearing by Council. The Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 3. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). F. Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). • January 2013 1 DRAFT Division 17.20 –Applications (17.22-17.28) Page 68 Chapter 17.28 Class VII Applications—Legislative SECTIONS: 17.28.010 Purpose. 17.28.020 Applicability. 17.28.030 Review Authority and Related Procedures. 17.28.040 Application Filing, Fees, and Project Review. 17.28.050 Project Notice and Required Actions. 17.28.060 Public Hearing. 17.28.070 Findings and Decision Procedures. 17.28.080 Post -Decision Procedures. 17.28.100 Development Agreements. 17.28.110 Specific and Corridor Plans. 17.28.120 Zone Changes and Amendments. 17.28.010 Purpose. The Class VII application is a discretionary process for reviewing uses that are legislative and require Council approval. Class VII applications require public notification and public hearings before both the Commission and the Council. 17.28.020 Applicability. A Class VII application is required to authorize legislative actions. 17.28.030 Review Authority and Related Procedures. A. General Requirements. Class VII applications shall be approved, conditionally approved, or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VII review established in this Code. B. Assignment. The Director shall assign a Class VII application to the Commission for a public hearing and recommendation to the Council. 17.28.040 Application Filing, Fees, and Project Review. Applications for a Class VII request shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 69 17.28.050 Project Notice and Required Actions. The Department shall provide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class VII application before taking any action. 17.28.060 Public Hearing. The Department shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 17.28.070 Findings and Decision Procedures. Class VII application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decisions). 17.28.080 Post -Decision Procedures. Class VII application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). • January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 70 • 17.28.100 Development Agreements. • SUBSECTIONS: A. Purpose and Interpreting Provisions. B. Application Filing, Fees, and Project Review. C. Content of Development Agreement. D. Commission and Council Actions. E. Findings. F. Execution and Recordation. G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. H. Enforcement. I . Amendment and Cancellation of Development Agreements. J. Periodic Review. K. Violation of Agreement — Commission Review. L. Violation of Agreement — Council Review, A. Purpose and Interpreting Provisions. The purpose of this section is to provide procedures, requirements for consideration of development agreements, implementing, amending, and enforcing development agreements. 1. Intent of Agreement. A development agreement is a contract between the City and • an applicant for a development project, in compliance with Chapter 4, Article 2.5 (Development Agreements) in Title 7, Division 1 (Planning and Land Use) of the State Government Code. It is intended to assure to an applicant that an approved project may proceed, subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City zoning and various other policies, rules, and regulations after project approval as included within this section. In return, the City would be provided with significant, tangible benefits above and beyond those that may be required by the City through normal review procedures and project conditions of approval that would otherwise apply. 2. Interpreting Provisions. a. In interpreting the provisions of any development agreement entered into compliance with this section, those provisions shall be read to be consistent with the language of this section, and Chapter 4, Article 2.5, in Title 7, Division I of the State Government Code, and the agreement itself. b. Should any apparent discrepancies between the meanings of these documents arise, reference shall be made to the following documents, and in the following order: January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 71 In C. i. The plain terms of the development agreement itself, ii. The provisions of this section; and iii. The provisions of Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code. Application Filing, Fees, and Project Review. Applications for a development agreement shall be in compliance with Chapter 17.28 (Class VII Applications — Legislative). Content of Development Agreement. 1. Mandatory Contents. A development agreement shall contain the applicable provisions in compliance with the State Government Code including: a. The duration of the agreement, including a specified termination date if appropriate; b. The uses to be permitted on the property; C. The density or intensity of use permitted; d. The minimum height, size and location of buildings permitted; e. The reservation or dedication of land for public purposes to be accomplished, if any; and f The time schedule established for periodic review as required by Section 17.28. 100 (K) (Periodic Review); Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision or other ordinances, laws, or regulations applicable to the proposed development. 2. Permissive Contents. A development agreement may contain the applicable provisions in compliance with State Government Code including: a. The requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods; b. The construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights- of-way, drainage and flood -control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 72 • C. The prohibition of one or more uses normally listed as a use subject to • application in the underlying zone where placed; d. The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur; e. The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement. f The requirements of specified design criteria for the exteriors of buildings and other structures, including, but limited to, the permitted uses of the property, the density and/or intensity of the use, the maximum height and size of proposed structures, signs, any land dedications, and reservations; g. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress; h. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct • illumination of adjacent properties; and i. The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. U D. Commission and Council Actions. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a development agreement shall be by resolution carried by the affirmative vote to the Council. if the Commission has recommended against the approval of a development agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 73 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a development agreement, provided any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.16.160 (Notice of Action and Findings). E. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following; 1. The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations; 2. That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit; 3. Any development agreement that contains a subdivision shall comply with the provisions of Government Code Section 66473.7; F. Execution and Recordation. Adopted by Ordinance. a. Approval by the Council of a development agreement shall be by ordinance. b. The ordinance shall not be adopted and the Mayor or Mayor's designee shall not execute a development agreement until it has been executed by the applicant. G. Ordinances, Regulations and Requirements Applicable to Development. Unless otherwise provided by a development agreement, the General Plan, the Code, and other ordinances, rules, regulations, and official policies January 2013 1 DRAFT Division 17.20—Applications (17.22-17.28) Page 74 i governing permitted uses of land, governing c. If the applicant has • not executed the agreement, or the agreement as modified by the Council, and returned the executed agreement to the City Clerk within 30 days following Council approval, the approval shall be deemed withdrawn, and the Mayor or designee shall not execute the agreement. The 30 -day time period may be extended upon approval of the Council. 2. Ordinance Becomes Effective. The City shall not execute a development agreement until on, or after the date upon which the ordinance approving the agreement, becomes effective. 3. Recordation of Agreement. A development agreement shall be recorded by the City Clerk with the Registrar-Recorder/County Clerk no later than 10 days after it is executed in compliance with Section 65868.5 of the State Government Code. 4. Development agreements approved by the Council shall be on file with the City Clerk G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. In the event that special district, County, State, or Federal laws, mandates, or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply • with the subsequently enacted special district, County, State, or Federal laws, mandates, or regulations. Unless modified by the development agreement, all structures shall be constructed using the building, plumbing, mechanical, electrical, and fire codes in effect at the time of building permit issuance. • H. Enforcement 1. Responsibility for Enforcement. Unless and until amended or cancelled in whole or in part in compliance with Section 17.28. 100 (J) (Amendment and Cancellation of Development Agreements), below, a development agreement shall be enforceable by any party to the agreement notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in Section 17.28.100 (H) (Subsequently Enacted Special District, County, State and Federal Laws or Regulations), above. 2. Burden of the Agreement. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in- interest to the parties to the agreement. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 75 I. Amendment and Cancellation of Development Agreements, 1. Proposed Amendment or Cancellation. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of all parties to the agreement or their successor(s)-in-interest. 2 Initiation of Amendment or Cancellation. Either party to the agreement may propose and initiate an amendment to or cancellation of a development agreement. 3. Amendment and Cancellation Procedures. The procedures and notice requirements for amendment or cancellation of a development agreement are the same as the procedures for entering into an agreement in compliance with this section except as otherwise set forth in the development agreement and permitted by the Government Code. 4. City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first give notice to the property owner of its intention to initiate the proceedings at least 30 days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.06 (Common Procedures). J. Periodic Review. 1. Basic Requirements for Periodic Review. Every development agreement entered • into by the Council shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than 12 months. 2. Procedure for Periodic Review. a. Purpose of Periodic Review. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in- interest has complied in good faith with the terms or conditions of the development agreement: The Director shall determine on the basis of substantial evidence that the applicant or the successor(s)-in-interest has or has not complied with the agreement; ii. if as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 76 • than 30 calendar days, may result in legal action to enforce compliance, termination, or modification of the agreement; iii. It is the duty of the applicant or the successor(s)-in-interest to provide evidence of good -faith compliance with the agreement to the Director's satisfaction at the time of the review; iv. Refusal by the applicant or the successor(s)-in-interest to provide the required information shall be deemed prima facie evidence of violation of the development agreement; V. If, at the end of the time period established by the Director, the applicant or the successor(s)-in-interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating compliance, the Director shall notify the Commission of the findings recommending the action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement; vi. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider an applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of the hearing shall be the same as provided in this section for initiation and consideration of a development agreement; and vii. If as a result of the hearing, the Commission finds that the applicant or the successor(s)-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending action as it deems appropriate. b. Council Actions Following Periodic Review. Where the Commission reports the violation of a development agreement, the Council may take one of the following actions: Approve the recommendation of the Commission instructing that action be taken as indicated in cases other than a recommendation to terminate or modify an agreement; ii. Refer the matter back to the Commission for further proceedings with or without instructions; or iii. Schedule the matter for public hearing before the Council where termination or modification of an agreement is recommended. • Procedures for conduct of the public hearing shall be the same as January 2013 1 DRAFT Division 17.20 — Applications (17.22-17.28) Page 77 provided in this section for initiation and consideration of a development agreement. K. Violation of Agreement—CommissionReview. 1. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement. 2. If, as a result of such hearing, the Commission finds that the applicant or the successor in interest is in violation of a development agreement, it shall notify the Council of its findings, recommending such action as it deems appropriate. L. Violation ofAgreement—Council Review. Where the Commission reports the violation of a development agreement, the Council may take one of the following actions: 1. Approve the recommendation of the Commission, instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or 2. Refer the matter back to the Commission for further proceedings with or without instructions; or 3. Schedule the matter for Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.06.110 (Type II Public Noticing (Public Hearing)). January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 78 • E E 0 17.28.110 Specific and Corridor Plans. SUBSECTIONS: A. Purpose. B. Application Filing, Fees, and Project Review. C. Contents. D. Additional Contents for a Specific Plan. E. Project Notice and Required Actions. F. Commission and Council Actions. G. Findings. H. Adoption and Amendments. I. Administration. J. List of Specific Plans. K. List of Corridor Plans. A. Purpose. This section establishes procedures for consideration of specific and corridor plans as authorized by the State Government Code. The specific plan and corridor plan are intended 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 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 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 are 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 and public amenities and preservation of natural and scenic qualities of open space; January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 79 8. In the case of a specific plan, to provide a process for initiation, review and • regulation of large-scale comprehensively planned communities that afford 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; and 9. In the case of a corridor plan, to continue implementing policies and goals set forth in the General Plan relating to preservation of community characteristics and community vitality, appropriate urban form, and smart growth principles emphasizing pedestrian orientation, integration of land uses, treatment of streetscapes as community living space, and environmentally sensitive building design and operation. B. Application Filing, Fees, and Project Review. Applications for a specific or corridor plan shall be in compliance with Chapter 17.28 (Class VII Applications — Legislative). C. Contents. The specific or corridor plan shall include the text and a diagram or diagrams, which specify the following in detail and includes: 1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; 2. The plan shall include a statement of the relationship between the plan and the • general plan; and 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. D. Additional Contents for a Specific Plan. In addition to the above, the following contents shall be included as part of a specific plan application: 1. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the project; and 2. The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. E. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type 11 Public Noticing (Public Hearing)). F. Commission and Council Actions January 2013 1 DRAFT Division 17.20—Applications (17.22-17.28) Page 80 • 1. Public Hearing by the Commission. The Commission shall conduct public • hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a specific or corridor plan shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of an plan, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a specific or corridor plan, provided any modification of the proposed plan by the Council not ® previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. is 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). G. Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). H. Adoption and Amendments. Adoption. Specific and corridor plans, including any associated regulations, conditions, programs, and proposed legislation shall be adopted by ordinance according to the procedures established in Article 8, Chapter 3, in Division 1, Title 7 (Planning and Land Use) and other applicable provisions of the State Government Code. 2. Amendments. Any amendments to such specific or corridor plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 81 a. A specific or corridor plan may be amended in the same manner as provided for adoption of a specific or corridor plan by this section. b. An amendment to a specific or corridor plan may be initiated by the Director, Commission, or Council. An amendment may also be initiated by the applicant for the specific or corridor plan 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. 1. Administration. 1. Administration. Specific and corridor plans and their associated regulations shall be administered in accordance with the State Government Code. Such plans and regulations may reference existing provisions and procedures of this Code or they may develop different administrative procedures to use in the implementation of the plan. 2. Specific and Corridor Plan Supersedes. Except as otherwise expressly provided in a plan, property may be used for any purpose and subject to all of the standards and requirements of the Code. Where the regulations of a specific plan or cooridor plan differ from the provisions of the code, such regulations shall supersede the provisions of the underlying zone as specified in the specific or corridor plan. 3. Operation and Enforcement of Development Codes. All uses and all development r carried out, or proposed to be carried out, within the boundaries of an area for which a specific plan or corridor plan has been adopted must comply with the requirements, standards, regulations, and all other provisions set forth in that specific plan or corridor plan in addition to all other provisions of law. Any failure to comply with a requirement, standard, regulation, or any other provision set forth in an adopted specific plan or corridor plan shall constitute a violation of the Code. All such violations shall be subject to the enforcement provisions of the Municipal Code. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 82 • J. List of Specific Plans. • • The following specific plans are added by reference, together with all maps and provisions pertaining thereto: Specific Plan Number Specific Plan Name Ordinance of Adoption Date of Adoption I North Valencia 97-020 11/04/1997 2 North Valencia 11 00-001 1/11/2000 3 Downtown Newhall 05-018 11/22/2005 4 Porta Bella 95-006 10/12/1995 5 * Canyon Park 86-022 12/23/1986 6 Vista Canyon 11-010 1 5/10/2011 * Approved by Los Angeles County and annexed into the City on 09/11/12 K. List of Corridor Plans. The following corridor plans are added by reference, together with all maps and provisions pertaining thereto: Corridor Corridor Plan Name Ordinance of Date of Adoption Plan Adoption Number 1 Lyons Avenue TBD TBD January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 83 17.28.120 Zone Changes and Amendments. SUBSECTIONS: A. Purpose. B. Initiation. C. Review Authority and Related Procedures. D. Application Filing, Fees and Project Review. E. Project Notice and Required Actions. F. Commission and Council Actions. G. Findings. H. Additional Requirements for Zone Changes. I. Additional Requirements for Amendments. J. Change of Zoning Map. K. Consistency with Proposed Zone Changes or Amendments. A. Purpose. This section provides procedures and criteria for zone changes and amendments of zoning maps, and this Code, whenever the Council determines that public convenience, general welfare, and/or zoning practice justify a zone change or an amendment. All such zone changes and amendments shall be made pursuant to the provisions of this Code and Title 7 (Planning and Land Use) of the State Government Code. A prezone for areas to be included in an annexation area shall be considered a zone change in accordance with this Code. B. Initiation • Initiation by the City. A zone change or amendment to the zoning map or this Code may be initiated by the following: a. Council. The Council may instruct the Director to initiate a zone change or an amendment; b Commission. The Commission may instruct the Director to initiate a zone change or an amendment; or C. Director. The Director may initiate a zone change or an amendment. 2. Initiation by the Applicant. In the case of a zoning map amendment, it may also be initiated by the filing of a Class VII application. 3. Urgency Ordinance. In the case of the Zoning Ordinance, the Council may also adopt an urgency measure as an interim ordinance in compliance with Section 65858 of the State Government Code. C. Review Authority and Related Procedures. Zone changes and amendments shall be approved or denied by the Council in compliance with Table 17.06-1 (Review Authority), • January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 84 and any additional requirements or review criteria for a Class VII application and • amendment review established in this Code. D. Application Filing, Fees, and Project Review. Applications for a zone change or amendment shall be in compliance with Chapter 17.28 (Class VII Applications — Legislative). E. Project Notice and Required Actions. Public Hearings and Notice Required. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)). 2. Additional Area May be Included. Where an application is filed requesting a zone change, the Director may elect to expand the boundaries of the area to be studied when, in the opinion of the Director, good zoning practice justifies the proposed expansion. F. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a zone change or amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a zone change or amendment, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a zone change or amendment, provided that any modification of the proposed zone change or amendment by the Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and • recommendation. The Commission shall not be required to hold a public hearing. January 2013 1 DRAFT Division 17.20—Applications (17.22-17.28) Page 85 G. H. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a • notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). Additional Requirements for Zone Changes. Principles and Standards for Zone Changes. The Council shall approve a zone change only after the applicant substantiates all of the following required findings: a. That modified conditions warrant a revision in the zoning map as it pertains to the area under consideration; b. That a need for the proposed zone classification exists within such area; C. That the particular property under consideration is a proper location for said zone classification within such area: i. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice; and ii. That the proposed zone change is consistent with the adopted general plan for the area unless a general plan amendment is filed concurrently and approved with said zone change. Additional Requirements for Amendments. 1. Principles and Standards for Amendments. The Council shall approve an amendment other than a zone change only after all of the following required findings can be substantiated: a. The amendment is consistent with the adjacent area, if applicable; b. The amendment is consistent with the principles of the general plan; C. Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare and in conformity with good zoning practice; and d. The amendment is consistent with other applicable provisions of this Code. • January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 86 • e. Is necessary to implement the general plan and/or that the public convenience, the general welfare or good zoning practice justifies such action. J. Change of Zoning Map. A zone change shall be adopted by ordinance and shall become the zoning for the property. The City Clerk shall notify the County Assessor of any changes of zone within ninety (90) calendar days of adoption by the Council. K. Consistency with Proposed Zone Changes or Amendments. Upon the determination of completeness by the Director of a zone change or development code amendment, a permit and/or application may be approved for the erection, construction, alteration, or change of any building, structure, or improvement covered by the proposed zone change or amendment which would conform to the requirements for the proposed zone. Permits and/or applications for the erection, construction, alteration, or change of any building, structure, or improvement in compliance with the existing zone and/or amendment under consideration, shall be held in abeyance until the effective date of the proposed zone change or amendment. January 2013 1 DRAFT Division 17.20 —Applications (17.22-17.28) Page 87 • Division 17.30 Zones Chapter 17.31 Zoning Designation Purpose Chapter 17.32 Non -Urban Zones Chapter 17.33 Urban Residential Zones Chapter 17.34 Commercial and Industrial Zones Chapter 17.35 Mixed Use Zones Chapter 17.36 Open Space Zones Chapter 17.37 Other Zones Chapter 17.38 Overlay Zones Chapter 17.39 Special Standards Districts January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 1 January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 2 0 • E ® Chapter 17.31 Zoning Designation Purpose SECTIONS: 17.31.010 Purpose. 17.31.020 Consistency with the Zoning Map. • 17.31.010 Purpose. The non -urban, urban residential, commercial, industrial, mixed use, open space, public/institutional, specific plan, and corridor plan zones are established to achieve the following purposes: A. To reserve appropriate areas for the continuation of existing farms and ranches, residential living at a broad range of dwelling unit densities; for office uses, retail stores, service establishments, and wholesale businesses, offering commodities and services required by residents of the City and its surrounding market area; for industrial uses and the protection of these areas from intrusion by dwellings and other inharmonious uses consistent with the Santa Clarita General Plan and with sound standards to preserve public health, safety and welfare. B. To minimize traffic congestion and to avoid the overloading of public services and utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them. C. To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities and service requirements. D. To promote high standards for site planning, architecture and landscape design for development within the City while preserving the City's historical and natural resources such as oak trees, river areas and ridgelines. E. To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic and other objectionable influences and to prevent fire, explosion, radiation, and other hazards incidental to certain industrial activities. F. To ensure adequate light, air, privacy and open space for each dwelling and to provide sufficient open space around commercial and industrial structures to protect them from hazard and to minimize the impact of commercial and industrial operations on nearby residential zones. G. To encourage commercial and industrial uses to concentrate for the convenience of the public and for a more mutually beneficial relationship. January 2013 1 DRAFT Division 17.30 — Zones(17.31-17.39) Page 3 17.31.020 Consistency with the Zoning Map. The zoning designations contained within this Code shall correspond and be consistent • with the Zoning Map as approved by Council ordinance. January 2013 j DRAFT Division 17.30 — Zones (17.31-17.39) Page 4 • • • Chapter 17.32 Non -Urban Zones SECTIONS: Minimum Density (units per acre) _ 17.32.010 Non -Urban 1 (NU 1) Zone. 17.32.020 Non -Urban 2 (N -U2) Zone. 17.32.030 Non -Urban 3 (NU3) Zone. 17.32.040 Non -Urban 4 (NU4) Zone. 17.32.050 Non -Urban 5 (NU5) Zone. • • 17.32.010 Non -Urban 1 (NUI) Zone. The Non -Urban I (NUI) zoning designation identifies lands in the planning area that are distinguished by significant environmental features and extreme development constraints. Lands in this designation are largely undeveloped and consist of rolling hillside areas, steep slopes, and remote mountain lands with limited access. Uses in this designation include single-family homes at a maximum density of one (1) dwelling unit per 20 acres, agriculture, equestrian uses, private recreation, filming, and public and institutional facilities serving the local area. A. Development Standards. Property in the NUI zone shall be subject to the following general development standards: Maximum Density_(units per gross acre) -.-.-.. 0.05 Minimum Density (units per acre) _ N/A _.-. .. Minimum Net Lot Area (in acres) _... 20 Lot Width (in feet) �� 200 Cul-de-sac/knuckle lot width infect) 40 Front yard setback (in feet) 20 Side yard setback, each side in feet) --5/-5- /5Side Sideyard setback, reverse corner lot (in feet)20 Rea_r yard setback (m feet) _ ---'n 15 Maximum height of structure without a CUP (in feet) 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet) Distance between main structures (in feet) 10 Distance between main and accessory structures (in feet) ._.... . 6 Setbacks for public and semi-public uses from residential 25 propertylines in feet) January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 5 Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. B. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 6 i 17.32.020 Non -Urban 2 (NU2) Zone. ® The Non -Urban 2 (NU2) zoning designation identifies lands in the planning area that include environmental features and are not appropriate for intense development requiring urban services. Lands in this category are largely undeveloped and consist of rolling hillside areas, slopes, and mountain lands with limited access. Uses in this designation include single-family homes at a maximum density of one (1) dwelling unit per 10 acres, agriculture, equestrian uses, private recreation, and public and institutional facilities serving the local area. • is A. Development Standards. Property in the NU2 zone shall be subject to the following general development standards: Maximum Density (units per gross acre) 0.1 Minimum Densit�Lunits per acrd _ _ ; N/A Minimum Net Lot Area (in acres) -- 10 --- --- ---- ---- Lot Width (in feet) 200 Cul-de-sac/knuckle. - lot width (in feet) — — 40 Frontand setback in feet 20 _Side yard setback, eachside (in fee W 5/5 Side yard setbackZ reverse corner lot (in feet) 20 Rear yard setback (in feeg -- -- 15 Maximum height of main structure witho . Maximum height of accessory structures not exceeding the main _. i 35 height of the main structure without a CUP _On feet Distance between main structures (in feet) 10 - ... Distance between main and accessory structures (in feet) - ...... .-- - 6 -- Setbacks for public and semi-public uses from residential 25 property lines in feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. B. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 7 17.32.030 Non -Urban 3 (NU3) Zone. The Non -Urban 3 (NU3) zoning designation identifies lands in the planning area that include environmental features and are not appropriate for intense development requiring urban services. Lands in this category are undeveloped or partially developed and consist of rolling hillside areas with limited access. Uses in this designation include single- family homes at a maximum density of one (1) dwelling unit per five (5) acres, agriculture, equestrian uses, private recreation, and public and institutional facilities serving the local area. I:11 Development Standards. Property in the NU3 zone shall be subject to the following general development standards: Maximum Densitv (units ner Qross acre) ! 0.2 Minimum Net Lot Area (in acres) 5 Lot Width (in feet) .....- ....- ..... 200 Cul-de-sae/knuckle lot width (in feet) 40 Front yard setback (m feet) 20 _- Side yard setback, each side in feet 5/5 Side yard setback, reverse comer lot (in feet) 20 Rear yard setback (in feet) 15 Maximum height of main structure without a CUP (in feet) ! 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without the CUP (in feet)____ Distance between main structures (in feed - _ 10 Distance between main and accessorystructures (in feet) 6 Setbacks for public and semi-public uses from residential 25 property lines (in feet) Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 8 • • 17.32.040 Non -Urban 4 (NU4) Zone. • The Non -Urban 4 (NU4) zoning designation provides for the maintenance and expansion of rural communities in the planning area that are distinguished by large lot sizes (generally two acres or greater), agricultural and equestrian uses, and an absence of urban services. Uses in this designation could include single-family homes at a maximum density of one (1) dwelling unit per two (2) acres, agriculture, equestrian uses, private recreation, and public and institutional facilities serving the local area. • • Supportive commercial uses serving the local area, such as grocery stores, restaurants, personal services, and retail sale of specialty goods for rural residents, such as feed and tack stores, may be allowed in "activity areas" within this designation without a General Plan Amendment, provided that the size, location, design, and use types are determined to be compatible with the surrounding area. Such "activity centers" must be at least 1 mile from any commercial land use designation and must not exceed 5 acres in size. A. Development Standards. Property in the NU4 zone shall be subject to the following general development standards: Minimum Net Lot Area 0.5 N/A 2 100 Cul-de-sac/knuckle lot widthJin feet 40 Front yard setback (in feet) J 20 Side yard setback, each side (in_feet)5/5 Side and setback reverse corner lot m feet 20 Y — , ---- --- - -- (in f _) - --- Rear yard setback (in feet) 15 Maximum height of main structure without a CUP (in feet) 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet)_ Distance between main structures 10 Distance between main and accessory structures _ 6 Setbacks for public and semi-public uses from residential 25 2roperty lines Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 9 B. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. • January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 10 • • 17.32.050 Non -Urban 5 (NU5) Zone. The Non -Urban 5 (NU5) zoning designation provides for the maintenance and expansion of rural communities in the planning area that are distinguished by large lot sizes (generally one acre or greater), agricultural and equestrian uses, and the absence of urban services. Uses in this designation include single-family homes at a maximum density of one (1) dwelling unit per acre, agriculture, equestrian uses, private recreation, and public and institutional facilities serving the local area. Supportive commercial uses serving the local area, such as grocery stores, restaurants, personal services, and retail sale of specialty goods for rural residents, such as feed and tack stores, may be allowed in "activity areas" within this designation without a General Plan Amendment, provided that the size, location, design, and use types are determined to be compatible with the surrounding area. Such "activity centers" must be at least I mile from any commercial land use designation and must not exceed 5 acres in size. A. Development Standards. Property in the NU5 zone shall be subject to the following general development standards: Maximum Density (units per gross acre) _ 1.0 Minimum Density (units per acre) N/A Minimum Net Lot Area (in square feet) ..... _._ j 43,560 ----- Lot Width (in feet) ; 100 Cul-de-sac/knuckle lot width (in feet) 40 Front yard setback in feet) 20 Side yard setback, each side (in feet) /5 5/5 Side yard setback, reverse corner lot (in feet) — 20 Rear yard setback (in feet) 15 Maximum height of main structure without a CUP Lnfeet)___I 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet) - -- .......... Distance between main structures (in feet) 10 Distance between main and accessory structures (in feet) _6 _ Setbacks for public and semi-public uses from residential 25 property lines in feet) Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 11 B. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. • January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 12 ® Chapter 17.33 Urban Residential Zones SECTIONS: 17.33.010 Urban Residential 1 (URI) Zone. 17.33.020 Urban Residential 2 (UR2) Zone. 17.33.030 Urban Residential 3 (UR3) Zone. 17.33.040 Urban Residential 4 (UR4) Zone. 17.33.050 Urban Residential 5 (UR5) Zone. 17.33.010 Urban Residential 1 (URI) Zone. The Urban Residential 1 (URI) zoning designation provides for residential neighborhoods at densities that require urban services. Many of these neighborhoods provide a transition between higher density, urban development and rural communities throughout the planning area, and this designation is appropriate in such urban/rural interface areas. Uses in this designation include single-family homes and other residential uses at a maximum density of two (2) dwelling units per acre. A. Development Standards. • Property in the URI zone shall be subject to the following general development standards: Maximum Density (units per gross acre) 2.0 Minimum Density (units per acre N/A { Minimum Net Lot Area (m square feet) 20,000 _.. Lot Width (in feet) -- 75 -_ .........-- Cul-de-sac/knuckle lot width in feet 40 Front yard setback (in feet) 20 Side yard setback, each side (in feet) --- — 5/5 Side yard setback, reverse comer lot (in feet) 10 Rear yard setback (in feet)15 Maximum height of mam structure without a CUP�in fee 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet) -- Distance between main structures (in feet) .-_ ._ 10 Distance between main and accessory structures (in feet) ...-.-....- 6 Setbacks for public and semi-public uses from residential 25 property lines (in feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. January 2013 1 DRAFT Division 17.30 – Zones (17.31-17.39) Page 13 B. Permitted Uses. • Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 14 • • 17.33.020 Urban Residential 2 (UR2) Zone. • The Urban Residential 2 (UR2) zoning designation provides for residential neighborhoods that typify much of the planning area. Uses in this designation include single-family homes and other residential uses at a maximum density of five (5) dwelling units per acre. Specific allowable uses and development standards shall be determined by the underlying zoning designation. • A. Development Standards. Property in the UR2 zone shall be subject to the following general development standards: Maximum Density (units per gross acre) 5.0 Minimum Density (units per acre) N/A -- Minimum Net Lot Area(in square feet j 5,000 Lot Width in feet 50 Cul-de sac/knuckle lot width (in feet) 40 ----- Front yard setback (in feet) -------------- 20 Side yard setback each side(m feet) ----- .- _-...-_ 5/5 Side yard setback, reverse corner lot (in feet) 10 Rear yard setback in feet ' 15 Maximum height of main structure with .............. - .............. - -- Maximum height of accessory structures not exceeding the 20 height of the main structure (in feed Distance between main structures (in feet) 10 Distance between main and accessory structures (in feet) 6 Setbacks for public and semi-public uses from residential 25 property lines (in feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. B. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 15 17.33.030 Urban Residential 3 (UR3) Zone. The Urban Residential 3 (UR3) zoning designation provides for neighborhoods of single- family attached and detached housing, and small-scale attached multi -family dwellings such as duplexes and triplexes. Allowed uses include single-family homes, duplexes, triplexes and small-scale multi -family dwellings of a scale and character that complement and are consistent with a single-family residential neighborhood at a maximum density of 11 dwelling units per acre provided associated recreational facilities are provided. a Development Standards. Property in the UR3 zone shall be subject to the following general development standards: Maximum Density(units per gross acre) 11.0 Minimum Density (units per acre) 6.0 Minimum Net Lot Area (in square feet) _ ; 5,00 Lot Width (in feet)50 .....-- Cul-de-sac/knuckle lot width n feet) ( i _ 40 Front yard setback (in feet) j 20 Side yard setback, each side (in feet)_ 5/5 _Side yard setback, reverse corner lot (in feet) 10 Rear yard setback (in feet) 15 Maximum height of mam structure without a CUP (m feet) j 35 Maximum height of accessory structures not exceeding the 20 height of the main structure (in feet) Distance between between main structures (in feet) - _ 10 Distance between ss main and acceorystructures ((in feet) 6 Setbacks for public and semi-public uses from residential i 25 property lines (in feet) Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 16 C r 1 L_J • • • • 17.33.040 Urban Residential 4 (UR4) Zone. The Urban Residential 4 (UR4) zoning designation provides for mixed residential neighborhoods of detaching and attached dwellings. Allowable uses in this designation include detached and attached single-family homes, duplexes, multiple family dwellings, and other residential uses at a maximum density of 18 dwelling units per acre. Q Development Standards. Property in the UR4 zone shall be subject to the following general development standards: Maximum Density (units per gross acre) 1 18.0 Minimum Density (units per acre) 9.0 Minimum Net Lot Area (in square feet) 4,500 Lot Width (in feet) 1 40 Cul-de-sac/knuckle lot width (in feet) 40 Front yard setback (in feet) : 20 Side yard setback, each side (in feet) — 515 Side yard setback, reverse corner lot (in feet) ! 10 Rear yard setback (in feet) 15 Maximum height of main structure without a CUP (in feet)_ 1 35 Maximum height of accessory structures not exceeding the 20 height of the main structure (in feet) Distance between main structures (m feet) ..-.- 10 Distance between main and accessory structures (in feet) _.. 6 Setbacks for public and semi-public uses from residential 25 propertylines in feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 17 17.33.050 Urban Residential 5 (UR5) Zone. The Urban Residential 5 (UR5) zoning designation provides for medium to high-density apartment and condominium complexes in areas easily accessible to transportation, employment, retail, and other urban services. Allowable uses in this designation include multiple family dwellings at a minimum density of 18 dwelling units per acre and a maximum density of 30 dwelling units per acre. IN Development Standards. Property in the UR5 zone shall be subject to the following general development standards: Maximum Density (units per gross acre) 30.0 Minimum Density (units per acre) 18.0 Minimum ..... _.......... Lot Width (in feet) _ _.. __ 40 Cul de sac/knuckle lot width (in feed 40 Front yard setback (in feet) 20 Side yard setback, each side (in feet) f 5/5 Side yard setback, reverse corner lot (in feet) 10 Rear yard setback (in feet 15 Maximum height of main structure without a CUP (in feet) 35 Maximum height of accessory structures not exceeding the 20 height of the main structure (in feet) Distance between main structures in feet_ 10 Distance between main and accessory structures (in feed 6 _ Setbacks for public and semi-public uses from residential _ 20 property lines (in feet) Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 18 i • iChapter 17.34 Commercial and Industrial Zones SECTIONS: 17.34.010 Community Commercial Zone (CC) Zone. 17.34.020 Neighborhood Commercial (CN) Zone. 17.34.030 Regional Commercial (CR) Zone. 17.34.040 Business Park (BP) Zone. 17.34.050 Industrial (I) Zone. 17.34.010 Community Commercial Zone (CC). The Community Commercial (CC) zoning designation is intended for business providing retail and service uses that primarily serve the local market. Representative uses include restaurants, clothing stores, hardware and auto parts stores, grocery markets, pharmacies, banks and financial services, specialty retail, theaters and nightclubs, day care centers, and medical services. These areas are typically located along arterial streets or at the intersections of high traffic corridors. Multiple family dwellings (including live/work units) may be permitted in this zone. Development Standards. Property in the CC zone shall be subject to the following general development standards: Maximum Floor Area Ratio (FAR) of nonresidential uses 0.75 -. - -.-.. ---- Maximum Lot Coverage f 80% Maximum Density (units per gross acre) 18 Minimum Density (units per gross acre) N/A Setback from public right of way (Major or Secondary Highway) i 10 Setback from public right of way (not on a Major or Secondary ' S Maximum height of a structure without a CUP (in I �et_J 35 - ---- - Setbacks from residential property lines (in feet) 125 Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in commercial zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 -Zones (17.31-17.39) Page 19 17.34.020 Neighborhood Commercial Zone (CN). The Neighborhood Commercial (CN) zoning designation provides for small neighborhood commercial districts that serve the short-term needs of residents in the immediate area. Allowable uses in this designation include supermarkets; drug stores; restaurants; personal services; repair services; light automotive services; day care centers; and other local -serving shops and services for neighborhood residents. Multiple family dwellings (including live/work units) may be permitted in this zone. Q Development Standards. Property in the CN zone shall be subject to the following general development standards: Maximum Floor Area Ratio (FAR) of nonresidential uses 0.5 Maximum Lot Coverage i 75% Maximum Density (units per gross acre) 18 Minimum_ Density (units per gross acre N/A Setback from public right of way (Major or Secondary Highway) 10 Setback from public right of way (not on a Major or Secondary 5 Maximum height of a structure without a CUP (in feet) 35 Setbacks from residential property lines (in feet) 25 Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in commercial zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 20 • U • • • 17.34.030 Regional Commercial Zone (CR). The Regional Commercial (CR) zoning designation is applied to central and regional commercial districts in the planning area, generally located around the Valencia Town Center and other major community centers. This designation is intended to promote the development of regional focal points for commercial, entertainment, cultural, and business uses serving the public and drawing from a market area encompassing the entire Santa Clarita Valley. Multiple family dwellings (including live -work units) may be allowed in this zone. a Development Standards. Property in the CR zone shall be subject to the following general development standards: Maximum Floor Area Ratio (FAR) of nonresidential uses — — .... 2.0 Maximum Lot Coverage without a CUP 90% Maximum Density (units per gross acre) 50 Minimum Density (units per gross acre) 18 Setback from public right -of --way (Major or Secondary 10 Setback from public right-of-way (not on a Major or Secondary 1 5 Maximum height of a structure without a CUP (in feet) ! -35 Setbacks from residential property lines (in feet) 25 Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in commercial zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 21 17.34.040 Business Park Zone (BP). The Business Park (BP) zoning designation provides for mixed employment districts in areas accessible to transportation and visible from freeways and major arterials and is intended to promote the development of master -planned environments with a high quality of design and construction. a Development Standards. Property in the BP zone shall be subject to the following general development standards: Maximum Floor Area Ratio (FAR) 2.0 Maximum Lot Coverage :90% Maximum Density (units per gross acre) N/A Minimum Density (units per gross acre) N/A Setback from public right of way (Major or Secondary Highway) 10 Setback from public right of way (not on a Major or Secondary ' 5 Maximum height of a structure without a CUP _-- Setbacks from residential property lines (in fee Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in commercial/industrial zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 22 is is LJ • Cl • 17.34.050 Industrial Zone (I). The Industrial (I) zoning designation provides for industrial districts in areas with adequate access, infrastructure, and services and is intended to accommodate the most intensive types of industrial uses allowed in the planning area. Heavy industrial uses that involve processing of raw materials, generation or treatment of large amounts of hazardous substances, or that result in an excessive emission of odors, fumes, pollutants, vibration, noise, or other noxious, hazardous, or nuisance conditions, will not be allowed. a It Development Standards. Property in the I zone shall be subject to the following general development standards: Maximum Floor Area Ratio (FAR) 1.0 Maximum Lot Coverage90% .. .- _...-.-.-.- Maximum Density (units per gross acre) N/A Minimum Density units er gross acre N/A — - Setback from public right of way (Major or Secondary Highway) 10 Setback from public right of way (not on a Major or Secondary 5 Maximum height of a structure without a CUP 35 Setbacks from residential property lines 25 Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in commercial/industrial zones. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Division 17.30 –Zones (17.31-17.39) Page 23 Chapter 17.35 Mixed Use Zones SECTIONS: 17.35.010 Mixed Use Commercial (MXC) Zone. 17.35.020 Mixed Use Neighborhood (MXN) Zone. 17.35.030 Mixed Use Urban Village (MXUV) Zone. 17.35.010 Mixed Use Commercial (MXC) Zone. This zone is intended for mixed use development, which is encouraged along specified commercial corridors in which revitalization of underutilized parcels or aging buildings is desired, subject to the applicable requirements of the Code. Mixed uses along corridors may be either vertical or horizontal, provided that residential units in these areas should be protected from adverse impacts of high-volume arterial streets, and will typically be located an appropriate distance from the roadway. Non-residential uses consistent with this district include those in the Neighborhood Commercial (CN) and Community Commercial (CC) districts. The residential density range in mixed use corridors shall be a minimum of eleven (11) to a maximum of thirty (30) dwelling units per acre, and maximum floor area ratio for the non-residential portion of the development shall be 1.0. A. Development Standards. Property in the MXC zone shall be subject to the following general development standards: 1. Maximum Density units per gross acre 30 I Minimum Densi units per gross acre 11 3. Maximum Floor Area Ratio (FAR) of non-residential 1.0 component 4. Minimum Floor Area Ratio (FAR) of non-residential 0.25 comported 5. Building setback from public right-of-way (major or secondary 5 highway) in feet 6. Building setback from public right-of-way (not on a major or 0 secondary highway) in feet 7. Surface -level parking setback from major/secondary highway 10/5 in feet 8. Structure setback from neighboring residential zones or uses (in 25 feet 9. Maximum bei ht of buildin /structure without a CUP (in feet 50 [votes: I Floor area ratios less than the minimum required shall be subject to a minor use permit. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 24 CJ Additional property development standards contained in Division 17.50 • (Development Standards) shall apply to all property and structures permitted in mixed use zones. 11 B. Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where a "T" appears; an administrative permit is required where the symbol "AP" appears; and a hillside development review is required where an "H" appears. Any use not listed is considered a prohibited use in this zone. The Director may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection, in accordance with Chapter 17.04 (Interpretations). Land use descriptions are contained in Division 17.40 (Use Classifications and Required Parking). Parking requirements for mixed uses shall be subject to Section 17.55.050 (Parking Requirements). Residential Use Types 1. Caretaker's Residence P 2. Community Care Facility C 3. Dwelling a. Single -Family b. Two -Family c. Multi -Family P P P 4. Family Day Care Homes P 5. Home -Based Cottage Food Operation AP 6. Home Occupation Business P 7. Joint Living/Working Quarters M 8. Model Homes M 9. Residential Health Care Facility C 10. Residential Service/Care Home C 11. Second Unit P 12. Supportive Housing C 13. Fransitional Housing C Commercial Use Types • I L (Animal Sales and Services January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 25 January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 26 • C L� a. Day Care M b. Grooming and Pet Stores P c. Veterinary Clinic M d. Veterinary Hospital M 2. Banks and Financial Services P 3. Business Support Services P 4. Day Care Centers M 5. Eating and Drinking Establishments a. Banquet Facilities 1) Without alcohol p 2) With alcohol C b. Bars and Alcohol Drinking Establishments C c. Catering Establishment P d. Restaurants 1) Limited Service P - With alcohol AP 2) Full Service p - With alcohol AP 3) Take out/Delivery P e. Alcohol Production (on-site consumption) M 6. Lodging M 7. Medical Services P 8., Nightclubs M 9. Personal Services P 10. Professional Offices P a. Call Center M 11. Recreation, Commercial a. Indoor Entertainment M b. Indoor Sports and Recreation M c. Outdoor Entertainment C d. Recreation Facilities C e. Residential Recreation Facilities P 12. Retail Sales, General P 13. Retail Sales Specific a. Department Stores M b. Discount Stores P c. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores M January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 26 • C L� E • • Industrial Use Types g. Vendors, Long Term M 14. Schools, Specialized Studios, Recording C a. Vocational Schools M Museums, Private b. Instructional Schools M 15. Self Storage C Industrial Use Types 1. Light Manufacturing C 2. Studios, Recording C Public and Semi -Public Use Types 1. Community Assembly C 2. Heliport/Helipad C 3. Museums, Private M 4. Parks, Public and Private C 5. Public Parking Facilities P 6. Public Services, General P 7. Public Services, Specific a. Flood Control Facilities P b. Paramedic and Ambulance Dispatch M c. Park and Ride Lots M d. Preservation of Historic Landmarks P e. Utility Substations C 8. Schools, Public and Private a. Private Primary and Secondary Schools C b. Public Primary and Secondary Schools C 9. Small Wind Energy System P 10. Wireless Communication Facilities a. Above thirty-five feet C b. Up to thirty-five feet M c. Flush -mounted M d. Co -located M Agricultural Use Types 1. Farmer's Market M 2. Riding Trails P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 27 Temporary Use Types 1. Temporary Residence a. Short Term b. Long Term T M 2. Temporary Real Estate Office T 3. Holiday Sales T 4. Temporary Uses in Accordance with this Code T Accessory Structures and Uses Use Types 1. Accessory Structures P 2. Accessory Uses P 3. Incidental Services for Employees P 4. Live Entertainment M Development Activities/ Miscellaneous Use Types 1. Development Activity on Natural Slopes a. Less than 10% P b. 10% to 15% H c. Greater than 15% H 2. Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% a. 100 to 1,500 Cubic Yards P b. 10,000 to 100,000 cubic yards H 3. Cluster development in accordance with this Code C 4. Affordable housing density bonus in accordance with P this Code 5. Amenities Density/FAR Bonus C January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 28 0 • • • • • 17.35.020 Mixed Use Neighborhood (MXN) Zone. This zone is intended for mixed use development, which is encouraged in order to create neighborhoods that integrate residential uses with complementary commercial services, including retail and office uses. Mixed use neighborhoods should be designed in consideration of surrounding development patterns, proximity to public transit, providing roadway and trail linkages to adjacent development where appropriate. Non-residential uses consistent with this district include those in the Neighborhood Commercial (CN) and Community Commercial (CC) districts. The residential density range in mixed use neighborhoods shall be a minimum of six (6) to a maximum of eighteen (18) dwelling units per acre, and maximum floor area ratio for the non-residential portion of the development shall be 0.5. Building heights shall not exceed 50 feet. Q Development Standards. Property in the MXC zone shall be subject to the following general development standards: 1. Maximum Density units per gross acre) 18 _ 2. Minimum Density units er gross acre) 6 3. Maximum Floor Area Ratio (FAR) of non-residential 0.5 component 4. Minimum Floor Area Ratio (FAR) of non-residential _ 0.2 component' 5. Building setback from public right-of-way (major or 5 seconda highway) in feet 6. Building setback from public right-of-way (not on a major or i 0 secondary highway) in feet 7. Surface -level parking setback from major/secondary highway 10/5 _ (in feet) S. Structure setback from neighboring residential zones or uses 25 (in feet) 9. Maximum height of building/structure in feet 50 Notes: 1 Floor area ratios less than the minimum required shall be subject to a minor use permit. Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in mixed use zones. Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where a "T" appears; an administrative permit is required where the symbol "AP" January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 29 appears; and a hillside development review is required where an "H" appears. Any use not listed is considered a prohibited use in this zone. The Director may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection, in accordance with Chapter 17.04 (Interpretations). Land use descriptions are contained in Division 17.40 (Use Classifications and Required Parking). Parking requirements for mixed uses shall be subject to Section 17.55.050 (Parking Requirements). Residential Use Types 1. Caretaker's Residence P 2. Community Care Facility C 3. Dwelling a. Single -Family b. Two -Family c. Multi -Family P P P 4. Family Day Care Homes P 5. Home -Based Cottage Food Operation AP 6. Home Occupation Business P 7. Joint Living/Working Quarters M 8. Model Homes M 9. Residential Health Care Facility C 10. Residential Service/Care Home C 11. Second Unit P 12. Supportive Housing C 13. Transitional Housing C Commercial Use Types 1. Animal Sales and Services a. Day Care M b. Grooming and Pet Stores P c. Veterinary Clinic M d. Veterinary Hospital M 2. Banks and Financial Services P 3. Business Support Services P 4. Day Care Centers M 5. Eating and Drinking Establishments January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 30 • F_ -I L J • • • Industrial Use Types January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 31 a. Banquet Facilities 1) Without alcohol P 2) With alcohol C b. Bars and Alcohol Drinking Establishments C c. Catering Establishment P d. Restaurants 1) Limited Service P - With alcohol AP 2) Full Service P - With alcohol AP 3) Take out/Delivery P e. Alcohol Production (on-site consumption) C 6. Lodging M 7. Medical Services P 8. Nightclubs C 9. Personal Services P 10. Professional Offices P b. Call Center M 1 I. Recreation, Commercial a. Indoor Entertainment b. Indoor Sports and Recreation M c. Outdoor Entertainment M d. Recreation Facilities C e. Residential Recreation Facilities C P 12. Retail Sales, General P 13. Retail Sales Specific a. Department Stores M b. Discount Stores M c. Drugstores P d. Food Stores P e. Liquor Stores C f Second Hand Stores M g. Vendors, Long Term M 14. Schools, Specialized a. Vocational Schools M b. Instructional Schools M 15. Self Storage C Industrial Use Types January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 31 1. Light Manufacturing C 2. 1 Studios, Recording C Public and Semi -Public Use Types 1. Community Assembly C 2. Heliport/Helipad C 3. Museums, Private M 4. Parks, Public and Private C 5. Public Parking Facilities P 6. Public Services, General P 7. Public Services, Specific a. Flood Control Facilities P b. Paramedic and Ambulance Dispatch C c. Park and Ride Lots M d. Preservation of Historic Landmarks P e. Utility Substations C 8. Schools, Public and Private a. Private Primary and Secondary Schools C b. Public Primary and Secondary Schools C 9. Small Wind Energy System P 10. Wireless Communication Facilities a. Above thirty-five feet C b. Up to thirty-five feet M c. Flush -mounted M d. Co -located M Agricultural Use Types 1. Farmer's Market M 2. Riding Trails P Temporary Use Types 1. Temporary Residence a. Short Term b. Long Term T M 2. Temporary Real Estate Office T 3. Holiday Sales T January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 32 • • E • • 4. Temporary Uses in Accordance with this Code T Accessory Structures and Uses Use Types 1. Accessory Structures P 2. Accessory Uses P 3. Incidental Services for Employees P 4. Live Entertainment M Development Activities/ Miscellaneous Use Types 1. Development Activity on Natural Slopes a. Less than 10% P b. 10% to 15% H c. Greater than 15% H 2. Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% a. 100 to 1,500 Cubic Yards P b. 10,000 to 100,000 cubic yards H 3. Cluster development in accordance with this code C 4. Affordable housing density bonus in accordance with P this code 5. Amenities Density/FAR Bonus C January 2013 1 DRAFT Division 17.30 —Zones (17.31-17,39) Page 33 17.35.030 Mixed Use Urban Village (MXUV) Zone. This zone is intended for transit -oriented urban villages that are located in proximity to • commuter rail and bus transfer stations, which is encouraged in order to promote compact, connected environments for residents to live, work, shop, access needed services, and recreate, without having to use their vehicles. Either vertical or horizontal mixed uses are allowed, subject to the applicable requirements of the zoning ordinance. Non-residential uses consistent with this district include those in the Neighborhood Commercial (CN), Community Commercial (CC), and Regional Commercial (CR) districts. Single -use residential or commercial projects which do not contain mixed uses will be allowed in these districts only if such projects are designed to integrate with other uses in the area so as to create interconnected, walkable neighborhoods, and do not include incompatible uses or design features contrary to the intent of the district. The residential density range in urban villages shall be a minimum of nineteen (19) to a maximum of fifty (50) dwelling units per acre and the maximum floor area ratio (FAR) for the non-residential portion of the development shall be 3.0. A. Development Standards. Property in the MXUV zone shall be subject to the following general development standards: 1. Maximum Densit units er gross acre) 50 2. _ Minimum Density units per gross acre)' 19 3. Maximum Floor Area Ratio (FAR) of non-residential 3.0:1.0 component 4. Minimum Floor Area Ratio (FAR) of non-residential 0.3:1.0 component] 5. Building setback from public right-of-way (major or 5 secondary highway in feet) 6. _ _—__.. --- .. -- -------- Building setback from public right-of-way (not on a major or -.-._..-.-..- 0 secondary highway) (in 7. Surface -level parking setback from major/secondary highway 10/5 in feet 8. Structure setback from residential zones or uses (in feet) 25 9. Maximum height of building/structure without a CUP (in feet) f 50 Notes: I Floor area ratios less than the minimum required shall be subject to a minor use permit. Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in mixed use zones. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 34 • C1 B. Permitted Uses. • The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where a "T" appears; an administrative permit is required where the symbol "AP" appears; and a hillside development review is required where an "H" appears. Any use not listed is considered a prohibited use in this zone. The Director may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection, in accordance with Chapter 17.04 (Interpretations). Land use descriptions are contained in Division 17.40 (Use Classifications and Required Parking). Parking requirements for mixed uses shall be subject to Section 17.55.050 (Parking Requirements). • Residential Use Types 1. Caretaker's Residence P 2. Community Care Facility C 3. Dwelling a. Single -Family b. Two -Family c. Multi -Family P P P 4. Family Day Care Homes P 5. Home -Based Cottage Food Operation AP 6. Home Occupation Business P 7. Joint Living/Working Quarters M 8. Model Homes M 9. Residential Health Care Facility C 10. Residential Service/Care Home C 11. Second Unit P 12. Supportive Housing C 13. Transitional Housing C Commercial Use Types 1. Animal Sales and Services a. Day Care M b. Grooming and Pet Stores P c. Veterinary Clinic M d. Veterinary Hospital M January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 35 2. Banks and Financial Services P 3. Business Support Services P 4. Day Care Centers M 5. Eating and Drinking Establishments a. Banquet Facilities I) Without alcohol P 2) With alcohol C b. Bars and Alcohol Drinking Establishments C c. Catering Establishment P d. Restaurants 1) Limited Service P - With alcohol AP 2) Full Service P - With alcohol AP 3) Take out/Delivery P e. Alcohol Production (on-site consumption) M 6. Lodging M 7. Medical Services P 8. Nightclubs M 9. Personal Services P 10. Professional Offices P a. Call Center M 11. Recreation, Commercial a. Indoor Entertainment M b. Indoor Sports and Recreation M c. Outdoor Entertainment C d. Recreation Facilities C e. Residential Recreation Facilities P 12. Retail Sales, General P 13. Retail Sales Specific a. Department Stores M b. Discount Stores P c. Drugstores P d. Food Stores P e. Liquor Stores C f Second Hand Stores M g. Vendors, Long Term M 14. Schools, Specialized a. Vocational Schools M b. Instructional Schools M January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 36 • • 0 15. Self Storage C Industrial Use Types 1. Light Manufacturing C 2. 1 Studios, Recording C Public and Semi -Public Use Types 1. Community Assembly C 2. Heliport/Helipad C 3. Museums, Private M 4. Parks, Public and Private C 5. Public Parking Facilities P 6. Public Services, General P 7. Public Services, Specific a. Flood Control Facilities P b. Paramedic and Ambulance Dispatch M c. Park and Ride Lots M d. Preservation of Historic Landmarks P e. Utility Substations C 8. Schools, Public and Private a. Private Primary and Secondary Schools C b. Public Primary and Secondary Schools C 9. Small Wind Energy System P 10. Wireless Communication Facilities a. Above thirty-five feet C b. Up to thirty-five feet M c. Flush -mounted M d. Co -located M Agricultural Use Types 1. Farmer's Market M 2. Riding Trails P Temporary Use Types 1. Temporary Residence a. Short Term T January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 37 Accessory Structures and Uses Use Types b. Long Term M 2. Temporary Real Estate Office T 3. Holiday Sales T 4. Temporary Uses in Accordance with this Code T Accessory Structures and Uses Use Types 1. Accessory Structures P 2. Accessory Uses P 3. Incidental Services for Employees P 4. Live Entertainment M Development Activities( Miscellaneous Use Types 1. Development Activity on Natural Slopes a. Less than 10% P b. 10% to 15% H c. Greater than 15% H 2. Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% a. 100 to 1,500 Cubic Yards P b. 10,000 to 100,000 cubic yards H 3. Cluster development in accordance with this code C 4. Affordable housing density bonus in accordance with P this code 5. Amenities Density/FAR Bonus C January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 38 • • • E Chapter 17.36 Open Space Zones SECTIONS: 17.36.010 Open Space (OS) Zone. 17.36.020 Open Space — Agriculture (OS -A) Zone. 17.36.030 Open Space —National Forest (OS -NF) Zone. 17.36.040 Open Space — Bureau of Land Management (OS-BLM) Zone. 17.36.010 Open Space Zone (OS). The Open Space (OS) zoning designation is intended to identify and reserve land for passive, natural and active open space uses, including public and private parks, conservancy lands, nature preserves, wildlife habitats, water bodies and adjacent riparian habitat, wetlands areas dedicated to open space use, drainage easements, cemeteries, golf courses, and other open space areas dedicated for public or private use. Typical uses include recreation, trails, trailheads, paseos, horticulture, limited agriculture, animal grazing, and habitat preservation. A. Development Standards. Property in the OS zone shall be subject to the following general development standards: Maximum Density Cunits per gross acre) 0.05 Minimum Density (units per acre) N/A Minimum Net Lot Area (in acres) 20 - - - Lot Width (in feet) -- ..... j 200 Cul-de-sac/knuckle lot width (in feet) M 40 Front yard setback (in feet) 20 Side yard setback, each side (in feet) 5/5 _.. Side yard setback, reverse corner lot (in feet) -- - ... ......... ; 20 Rear yard setback (in feet) 15 Maximum height of main structure without a CUP (in feet) 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet) -- - - Distance between main structures (in feet); 10 Distance between main and accessory structures (in feet _ 6 Setbacks for public and semi-public uses from residential 25 pro2erty lines in feet B. Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 39 required where the symbol "C" appears; a temporary use permit is required where the symbol "T" appears; an administrative permit where an "AP" appears; and a hillside development review is required where the symbol "H" appears. Any use not listed is considered a prohibited use in this zone. Land use descriptions and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Residential Use Types Caretakers Residence P Dwelling - Single Family V Home -Based Cottage Food Operation AP Home Occupation Business P Family Daycare Homes - Adult P Family Daycare Homes - Family P Residential Service /Care Home P Second Units P Supportive Housing P Transitional Housing P Commercial Use Types Animal Sales and Services — Animal Menagerie C Animal Sales and Services — Animal Shelter C Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Funeral Home C Recreation, Commercial - Outdoor Sports and Recreation C Recreation, Commercial — Recreation Facilities C Recreation, Commercial — Residential Recreation Facilities C RV Park/Campground C Public and Semi -Public Use Types Heliport/Helipad C January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 40 is 9 C • Agricultural Use Types Museums, Private — Historic Site P Horticulture — Residential Use Only Parks, Private C Horticulture — For Commercial Sale Parks, Public P Horticulture — Within Public Utility Easements Public Services, General C Farmers Markets Public Services, Specific — Ambulance and Paramedic Station C Keeping of Animals — Beehives — 1 to 3 Beehives Public Services, Specific - Cemeteries C Keeping of Animals — Beehives — 4 or More Beehives Public Services, Specific — Flood Control Facilities P Keeping of Animals — Large Animals Public Services, Specific — Park and Ride Lots C Keeping of Animals — Small Animals Public Services, Specific — Preservation of Historic Landmarks P Public Services, Specific — Utility Substations C Public Primary or Secondary Schools P Small Wind Energy System P Wireless Communication Facilities — Above 35 Feet in Height C Wireless Communication Facilities — Up to 35 Feet in Height P Wireless Communication Facilities —Flush Mounted C Wireless Communication Facilities — Co -located C Zoos - Zoo C Zoo — Petting Zoo C Agricultural Use Types Horticulture — Residential Use Only P Horticulture — For Commercial Sale P Horticulture — Within Public Utility Easements P Farmers Markets P Keeping of Animals — Beehives — 1 to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 41 Accessory Structures and Uses Use Types Keeping of Animals — Wild, Exotic or Non-domestic Animals P Accessory Structures Keeping of Animals for Educational Purposes — Large or Small Animals P Accessory Uses Riding Trials P Incidental Services for Employees Wildlife Preserves/Sanctuaries P Live Entertainment Holiday Sales T Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - Greater Than 1,500 Cubic Yards Temporary Uses In Accordance with this Code T Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P Live Entertainment M Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to 15% H Development Activity on Natural Slopes Greater than 15% H Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - 100 to 1,500 Cubic Yards H Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - Greater Than 1,500 Cubic Yards H Transportation of Earth — Less Than 10,000 Cubic Yards P Transportation of Earth — 10,000 to 100,000 Cubic Yards M Transportation of Earth — Greater Than 100,000 Cubic Yards C Railroad Rights -of -Way — Operational Activities =P Railroad Rights -of -Way — Accessory Activities/Uses P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 42 .• • • • • 17.36.020 Open Space — Agriculture Zone (OS -A) Zone. The Open Space —Agriculture (OS -A) zoning designation identifies privately owned lands in the planning area within the National Forest. For privately held lands within the National Forest (in -holdings), allowable uses in this designation include single-family homes at a maximum density of one dwelling unit per five acres, agriculture, equestrian uses, private recreation, privately owned commercial recreation with or without support facilities such as lodging and dining, filming and public and institutional facilities serving the local area in accordance with the goals set forth in the Angeles National Forest Land Management Plan. FA 1.1 Development Standards. Property in the OS -A zone shall be subject to the following general development standards: Maximum Density (units per gross acre) j 0.2 Minimum Density units per acre) N/A _ Minimum Net Lot Area in acres) 5 Lot Width (in feet) 0 20 _ Cul-de-sac/knuckle lot width (in feet) - -- 40 _-.-......... Front yard setback (in feetl 20 Rear yard setback (in feet) 15 Maximum height of main structure without a CUP (m feet) 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet) Distance between main structures (in feet) 10 Distance between main and accessory structures (in feet) 6 Setbacks for public and semi-public uses from residential 25 property lines (in feet) Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where the symbol "T" appears; an administrative permit where an "AP" appears; and a hillside development permit is required where the symbol "H" appears. Any use not listed is considered a prohibited use in this zone. Land use descriptions and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 43 Residential Use Types Caretakers Residence P Dwelling - Single Family P Home -Based Cottage Food Operation AP Home Occupation Business P Family Daycare Homes -Adult P Family Daycare - Family P Residential Service /Care Home P Second Units P Supportive Housing P Transitional Housing P Commercial Use Types Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Recreation, Commercial - Outdoor Sports and Recreation C Recreation, Commercial — Recreation Facilities C Recreation, Commercial — Residential Recreation Facilities C RV Park/Campground C Industrial Use Types Studios, Recording - Movie C Studios, Recording - Music C Studios, Recording - Radio C Studios, Recording - Television C Public and Semi -Public Use Types Heliport/Helipad C Museums, Private — Historic Site P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 44 • • • E • • Agricultural Use Types Parks, Private C Horticulture — Residential Use Only Parks, Public P Horticulture—For Commercial Sale Public Services, General C Horticulture — Within Public Utility Easements Public Services, Specific — Flood Control Facilities P Farmers Markets Public Services, Specific — Preservation of Historic Landmarks P Keeping of Animals — Beehives — 1 to 3 Beehives Public Services, Specific — Utility Substations C Keeping of Animals — Beehives — 4 or More Beehives Small Wind Energy System P Keeping of Animals — Large Animals Wireless Communication Facilities — Above 35 Feet in Height C Keeping of Animals — Small Animals Wireless Communication Facilities — Up to 35 Feet in Height P Keeping of Animals — Wild, Exotic or Non-domestic Animals Wireless Communication Facilities —Flush Mounted C Keeping of Animals for Educational Purposes — Large or Small Animals Wireless Communication Facilities — Co -located C Riding Trials Zoos - Zoo C Wildlife Preserves/Sanctuaries Zoo — Petting Zoo C Agricultural Use Types Horticulture — Residential Use Only P Horticulture—For Commercial Sale P Horticulture — Within Public Utility Easements P Farmers Markets P Keeping of Animals — Beehives — 1 to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keeping of Animals — Wild, Exotic or Non-domestic Animals P Keeping of Animals for Educational Purposes — Large or Small Animals P Riding Trials P Wildlife Preserves/Sanctuaries P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 45 Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P Live Entertainment M Shared Water Well C Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to 15% H Development Activity on Natural Slopes Greater than 15% H Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - 100 to 1,500 Cubic Yards H Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - Greater Than 1,500 Cubic Yards H Transportation of Earth — Less Than 10,000 Cubic Yards P Transportation of Earth — 10,000 to 100,000 Cubic Yards M Transportation of Earth — Greater Than 100,000 Cubic Yards C Railroad Rights -of -Way — Operational Activities P Railroad Rights -of -Way — Accessory Activities/Uses P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 46 • • • • • • 17.36.030 Open Space - National Forest Zone (OS -NF). The Open Space -National Forest (OS -NF) zoning designation identifies lands in the planning area within the National Forest. 0 Development Standards. Property in the OS -NF zone shall be subject to the following general development standards: Maximum Density (units per gross acre Minimum Density(units per acre 0.05 N/A Minimum Net Lot Area (in acres) 20 Lot Width (in feet) 200 Cul-de-sac/knuckle lot width (infect) -- -- — 40_ Front yard setback in feet) ; 20 Side yard setback, each side (in feet) 5/5 Side yard setback reverse corner lot (in feet) 20 Rear yard setback (in feet)a _- -.-- 15 ---.._. Maximum height o main structure without a CUP in feet _ Maximum height of accessory structures (in feet) _ _ 35 Distance between main structures (in feet) 10 Distance between main and accessory structures not exceeding 6 the height of the main structure without a CUP (in feet) Setbacks for public and semi-public uses from residential 25 propertylines in feet Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where the symbol "T" appears; and a hillside development review is required where the symbol "H" appears. Any use not listed is considered a prohibited use in this zone. Land use descriptions and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Residential Use Types Caretakers Residence P Dwelling - Single Family P Family Daycare Homes - Adult P Family Daycare Homes - Family P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 47 Commercial Use Types Residential Service /Care Home P Animal Sales and Services - Riding Academies Second Units P Animal Sales and Services — Commercial Stables Supportive Housing P Recreation, Commercial - Outdoor Sports and Recreation Transitional Housing P Commercial Use Types Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Recreation, Commercial - Outdoor Sports and Recreation C Recreation, Commercial — Recreation Facilities C Recreation, Commercial — Residential Recreation Facilities C RV Park/Campground C Public and Semi -Public Use Types Heliport/Helipad C Museums, Private — Historic Site P Parks, Private C Parks, Public P Public Services, General C Public Services, Specific — Flood Control Facilities P Public Services, Specific — Preservation of Historic Landmarks P Public Services, Specific — Utility Substations C Small Wind Energy System P Wireless Communication Facilities — Above 35 Feet in Height C Wireless Communication Facilities — Up to 35 Feet in Height P Wireless Communication Facilities —Flush Mounted C Wireless Communication Facilities — Co -located C Zoos - Zoo C January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 48 i • i • Zoo — Petting Zoo C Agricultural Use Types Horticulture — Residential Use Only P Horticulture — For Commercial Sale P Horticulture — Within Public Utility Easements P Farmers Markets P Keeping of Animals — Beehives — 1 to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keeping of Animals — Wild, Exotic or Non-domestic Animals P Keeping of Animals for Educational Purposes — Large or Small Animals P Riding Trials P Wildlife Preserves/Sanctuaries P Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P Live Entertainment M Shared Water Well C Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to 15% P Development Activity on Natural Slopes Greater than 15% P Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - 100 to 1,500 Cubic Yards P January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 49 CI January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 50 Grading Cut and Fill, or Any Combination Thereof, on P Natural Slopes Exceeding 10% - Greater Than 1,500 Cubic Yards Transportation of Earth — Less Than 10,000 Cubic Yards P Transportation of Earth — 10,000 to 100,000 Cubic M Yards Transportation of Earth — Greater Than 100,000 Cubic C Yards Railroad Rights-of-Way — Operational Activities P Railroad Rights-of-Way — Accessory Activities/Uses P CI January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 50 17.36.040 Open Space - Bureau of Land Management Zone (OS-BLM). ® The Open Space - Bureau of Land Management (OS-BLM) zoning designation identifies lands in the planning area owned by the United States Bureau of Land Management. • • A. Development Standards. Property in the OS-BLM zone shall be subject to the following general development standards: Maximum Density -(units per gross acre) - -. 1 0.05 -.----.-...-.. Minimum Density units per acre N/A Minimum Net Lot Area (in acres) 20 Lot Width (in feet) 200 Cul-de sac/kn Family Daycare Homes - Adult --._...__ Front yard setback (in feet) 120 Side yard setback, each side (in feet) 5/5 Side yard setback, reverse corner lot (in feet) : 20 Rear yard setback (m feet) 15 _.- Maximum height of main structure without a CUP (in feet) ..... ... .......... ..... .. 35 Maximum height of accessory structures not exceeding the i 35 height of the main structure without a CUP (in feet) Distance between main structures (in feet) 10 Distance between main and accessory structures (in feet) 6 ..... ...... Setbacks for public and semi-public uses from residential .... ; 25 propeg lines in feet) B. Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where the symbol "T" appears; and a hillside development review is required where the symbol "H" appears. Any use not listed is considered a prohibited use in this zone. Land use descriptions and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Residential Use Types Caretakers Residence P Dwelling - Single Family P Family Daycare Homes - Adult P Family Daycare Homes - Family P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 51 Commercial Use Types Residential Service /Care Home P Animal Sales and Services - Riding Academies Second Units P Animal Sales and Services — Commercial Stables Supportive Housing P Recreation, Commercial - Outdoor Sports and Recreation Transitional Housing P Commercial Use Types Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Recreation, Commercial - Outdoor Sports and Recreation C Recreation, Commercial — Recreation Facilities C Recreation, Commercial — Residential Recreation Facilities C RV Park/Campground C Public and Semi -Public Use Types Heliport/Helipad C Museums, Private — Historic Site P Parks, Private C Parks, Public P Public Services, General C Public Services, Specific — Flood Control Facilities P Public Services, Specific — Preservation of Historic Landmarks P Public Services, Specific — Utility Substations C Small Wind Energy System P Wireless Communication Facilities— Above 35 Feet in Height C Wireless Communication Facilities — Up to 35 Feet in Height P. Wireless Communication Facilities —Flush Mounted C Wireless Communication Facilities — Co -located C Zoos - Zoo C January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 52 • • • • • Zoo — Petting Zoo C Agricultural Use Types Horticulture — Residential Use Only P Horticulture — For Commercial Sale P Horticulture — Within Public Utility Easements P Farmers Markets P Keeping of Animals — Beehives — I to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keeping of Animals — Wild, Exotic or Non-domestic Animals P Keeping of Animals for Educational Purposes — Large or Small Animals P Riding Trials P Wildlife Preserves/Sanctuaries P Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P Live Entertainment M Shared Water Well C Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to 15% H Development Activity on Natural Slopes Greater than 15% H Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - 100 to 1,500 Cubic Yards H January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 53 January 2013 1 DRAFT Division 17.30— Zones (17.31-17.39) Page 54 • CI Grading Cut and Fill, or Any Combination Thereof, on H Natural Slopes Exceeding 10% - Greater Than 1,500 Cubic Yards Transportation of Earth — Less Than 10,000 Cubic Yards P Transportation of Earth — 10,000 to 100,000 Cubic M Yards Transportation of Earth — Greater Than 100,000 Cubic C Yards Railroad Rights -of -Way — Operational Activities P Railroad Rights -of -Way — Accessory Activities/Uses P January 2013 1 DRAFT Division 17.30— Zones (17.31-17.39) Page 54 • CI i Chapter 17.37 Other Zones SECTIONS: 17.37.010 Corridor Plan (CP) Zone. 17.37.020 Public/Institutional (PI) Zone. 17.37.030 Specific Plan (SP) Zone. 17.37.010 Corridor Plan Zone (CP). The Corridor Plan (CP) zoning designation identifies lands in the planning area that are governed by an adopted Corridor Plan. Specific allowable uses, maximum intensity standards, and development standards shall be determined by the adopted Corridor Plan. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 55 17.37.020 Publie(Institutional Zone (PI). The Public/Institutional (PI) zoning designation identifies lands that are used for various types of public or/and community serving facilities owned and operated by public agencies, special districts, non-profit organizations and other entities. Allowable uses include civic and governmental offices, public works yards, public or private schools, libraries, day care centers, hospitals, airports, hospitals and supporting medical facilities, museums, fire stations, police stations, landfills, and prisons. Building height and coverage wilt be determined by the lead agency for each project, based upon the type and intensity of use. A. Development Standards. Property in the PI zone shall be subject to the following general development standards: Maximum Floor Area Ratio (FAR)_ _ .50 to 1 Maximum height of building/structure without a CUP in feet :- _-......... -.. -..---- 35 Maximum height of an accessory buildings/structure (in feet) 35 Setback from public right of way (Major or Secondary Highway) 10 ATI feet) Family Daycare Homes -Adult Setback from public right of way (not on a Major or Secondary 5 ----------- -..._.._........ _................. .....:.._._.— P Setbacks from residential propelines in feet) 25 B. Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where the symbol "H" appears and a hillside development review is required where the symbol "H" appears. Any use not listed is considered a prohibited use in this zone. Land use descriptions and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Residential Use Types Caretakers Residence P Dwelling - Single Family P Family Daycare Homes -Adult P Family Daycare - Family P Fraternity/Sorority Houses C Residential Service /Care Home P Second Units P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 56 • • • • Supportive Housing P Transitional Housing P Commercial Use Types Aircraft Services — Airport C Aircraft Services — Heliport C Animal Sales and Services - Kennels M Animal Sales and Services — Animal Shelter M Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Day Care Centers P Medical Services P Recreation, Commercial — Indoor Entertainment C Recreation, Commercial — Indoor Sports and Recreation C Recreation, Commercial — Outdoor Entertainment C Recreation, Commercial — Outdoor Sports and Recreation C Recreation, Commercial — Recreation Facilities P Recreation, Commercial - Residential Recreation Facilities C Schools, Specialized — Vocational Schools C Schools, Specialized — Instructional Schools C Vehicle Sales and Services — Fuel Sales M Vehicle Sales and Services — Repair and/or Maintenance M Industrial Use Types Landfill C Recycling — Materials Recovery Facility C Public and Semi -Public Use Types January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 57 January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 58 • Airports C Community Assembly — Churches, Temples, Synagogues and Other Places of Worship C Community Assembly — Public and Private Nonprofit Clubs, Lodges, Fraternal Organizations and Meeting Halls C Community Assembly —Community Centers P Helipad C Homeless Shelters P Hospital Services C Museums, Private M Parks, Private C Parks, Public P Public Parking Facilities P Public Services, General P Public Services, Specific —Ambulance and Paramedic Station P Public Services, Specific - Cemeteries C Public Services, Specific — Corporation Yards P Public Services, Specific — Flood Control Facilities P Public Services, Specific — Incarceration Facilities C Public Services, Specific — Park and Ride Lots P Public Services, Specific — Preservation of Historic Landmarks P Public Services, Specific—Utility Substations C Rehabilitation Facility M Schools, Public or Private — College or University C Schools, Public or Private — Private Primary or Secondary Schools C Schools, Public or Private — Public Primary or Secondary Schools P Small Wind Energy System P Wireless Communication Facilities — Above 35 Feet in C January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 58 • • CJ • Agricultural Use Types Height Horticulture — Residential Use Only Wireless Communication Facilities — Up to 35 Feet in Height P Horticulture — For Commercial Sale Wireless Communication Facilities —Flush Mounted C Horticulture — Within Public Utility Easements Wireless Communication Facilities — Co -located C Farmers Markets Zoos - Zoo C Keeping of Animals — Beehives — I to 3 Beehives Zoo — Petting Zoo C Agricultural Use Types Horticulture — Residential Use Only P Horticulture — For Commercial Sale P Horticulture — Within Public Utility Easements P Farmers Markets P Keeping of Animals — Beehives — I to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keeping of Animals — Wild, Exotic or Non-domestic Animals P Keeping of Animals for Educational Purposes — Large or Small Animals P Riding Trials P Wildlife Preserves/Sanctuaries P Temporary Use Types Holiday Sales T Temporary Uses In Accordance with this Code T Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 59 Live Entertainment M Shared Water Well C Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to 15% H Development Activity on Natural Slopes Greater than 15% H Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - 100 to 1,500 Cubic Yards H Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% - Greater Than 1,500 Cubic Yards H Transportation of Earth — Less Than 10,000 Cubic Yards P Transportation of Earth — 10,000 to 100,000 Cubic Yards M Transportation of Earth — Greater Than 100,000 Cubic Yards C Railroad Rights -of -Way — Operational Activities P Railroad Rights -of -Way — Accessory ActivitiesJUses P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 60 C� • • Cl LJ 17.37.030 Specific Plan Zone (SP). The Specific Plan zoning designation identifies lands in the planning area that are governed by an adopted Specific Plan. Specific allowable uses, maximum intensity standards, and development standards shall be determined by the adopted Specific Plan. January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 61 Chapter 17.38 Overlay Zones SECTIONS: 17.38.010 HS—Homeless Shelter Overlay Zone, 17.38.020 MHP Mobilehome Park Overlay Zone. 17.38.030 MOCA—Mineral/Oil Conservation Area Overlay Zone. 17.38.040 MR—Movie Ranch Overlay Zone. 17.38.050 MU—Mixed Use Overlay Zone. 17.38.060 PD—Planned Development Overlay Zone. 17.38.070 RP—Ridgeline Preservation Overlay Zone. 17.38.080 SEA—Significant Ecological Area Overlay Zone. 17.38.090 VDS—Vehicle Dealer Sales Overlay Zone. 17.38.100 VS—Vehicle Services Overlay Zone. 17.38.010 HS—Homeless Shelter Overlay Zone. A. Purpose. In an effort to comply with the requirements of the State of California Senate Bill 2 (S132), the homeless shelter (HS) overlay zone designates certain areas within the City whereby the placement of a homeless shelter is permitted. B. Applicability. The HS overlay zone applies to areas identified on the adopted map on file in the Planning Division. C. Permitted Uses. All uses, except for homeless shelters, shall follow the requirements of the underlying zone. The following uses shall be permitted where the symbol "P" appears. 1. Oomeless Shelter D. Property Development Standards. The specific development standards for homeless shelters as described in Section 17.66.070 (Homeless Shelters) of this code shall apply to the use described above 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 Sections 17.25.120 (Variance) and 17.24.100 (Adjustment) of this Code. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 62 C J 17.38.020 MHP—Mobilehome Park Overlay Zone. • A. Purpose. The mobilehome park (MHP) overlay zone is intended to encourage the creation of new mobilehome parks and the preservation of existing mobilehome parks consistent with the City's goal of accommodating alternative and affordable housing types at a standard consistent with the preservation of the public health, safety and welfare. All mobilehome parks located in an MHP overlay zone shall be developed in accordance with the provisions of this section. Although the General Plan does not designate mobilehome parks as a separate land .use designation, the MHP overlay zone is consistent with the urban residential, non- urban, and commercial land use designations of the General Plan. • B. Permitted Uses. Permitted uses shall be in accordance with the underlying zone for the parcel, as determined by this Code. C. Property Development Standards. In addition to the following, mobilehome parks shall comply with all State requirements for the. development of mobilehome parks. 1. Lot Area. Each lot shall have a minimum of three (3) acres of buildable area. 2. Mobilehome Space and Area. a. Mobilehome Space. Each mobilehome space shall have a minimum area of one thousand five hundred (1,500) square feet. b. Mobilehome Space Dimensions. Each mobilehome space shall be not less than thirty (30) feet in width. There is no required depth. 3. Population Density. The following population density standards shall apply to all mobilehome spaces in this overlay zone: a. There shall be a minimum of three thousand (3,000) square feet of area for each mobilehome space in a mobilehome park. b. Such lot area shall include access, mobilehome parking, automobile parking, outbuilding space, recreational areas and other similar uses. 4. Building Height. No building or structure erected in this overlay zone shall have a height greater than two (2) stories or twenty-five (25) feet. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 63 5. Yards. • a. Front Yards. Each space which abuts a private street or drive shall have a front yard of not less than five (5) feet. b. Corner Side Yards. Each space shall have corner side yards of not less than: i. Ten (10) feet on a reversed corner lot; or ii Five (5) feet on other corner lots. C. Interior Side Yards. Each space shall have an interior side yard of not less than five (5) feet or ten (10) feet between units. d. Rear Yards. Each space shall have a rear yard of not less than five (5) feet. 6. Access and Circulation. a. Driveway Width and Layout. Driveways within mobilehome parks shall be designed to conform to the minimum widths specified in this Code or as determined by the City Engineer and the Fire Department. b. Access. i. No site within the mobilehome park shall have direct vehicular access to a public street. ii At least two (2) access points to a public street or highway shall be provided to the site when serving more than 150 units or the site is located in a Very High Severity Fire Zone, as determined by the Fire Department. 7. Parking. Parking shall be provided in accordance with Chapter 17.42 (9) (Mobilehome Park). 8. Screening. Mobilehome parks fronting on a public street shall be screened to a height of not less than five (5) feet and not more than eight (8) feet with either a decorative wall, fence, an opaque hedge, trees, or landscaped berm. Such screening may be reduced to less than five (5) feet adjacent to driveways as necessary for visibility. The location of the walls are subject to the underlying zoning requirements. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 64 11 9. Signs. • a. Mobilehome parks may display the following signs: i. One wall -mounted sign not to exceed twenty (20) square feet in area, or one freestanding sign not to exceed twenty (20) square feet in sign area or fifty-four (54) square feet in total area may be located at each entrance; and ii. One freestanding sign, not to exceed thirty-two (32) square feet in sign area and not to exceed six (6) feet in height, may be used for advertising property for sale, lease or indicating vacancy status, and may be located at each entrance; and iii. A directional or informational sign indicating the location of each residence by number shall be _ located at each principal entrance and other appropriate locations. The size, location and number of such signs shall be to the satisfaction of the Director. b. No source of illumination for such signs shall be visible from adjoining streets or residential property, and no such signs shall be • erected within five (5) feet of any exterior property line. CJ 10. Local Park Space Obligations. Local park space, which may be private, shall be provided to serve the mobilehome park, or a fee shall be paid in lieu thereof, as required by this Code. This obligation shall be in addition to any requirement to participate in the funding of parks and/or park improvements pursuant to any other provision of this Code. 11. Design Requirements. The following design requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of development review. a. Driveways shall be laid out in a manner to provide safe and convenient access to residences. b. Principle vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes, traffic signals and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. In general, driveways shall be designed in such a way as to discourage substantial amounts of through traffic. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 65 C. Walkways and Bikeways. If bikeways and pedestrian ways are provided in mobilehome parks: Walkways to be used by substantial numbers of children as routes to school, bus stops or other destinations shall be so located and safeguarded as to minimize contacts with automotive traffic. ii. If substantial bicycle traffic is anticipated and an internal walkway system is provided away from driveways, bicycle paths shall be incorporated in the walkway system. iii Driveway crossings shall be held to a minimum, shall be located and designed to provide safety, and shall be appropriately marked and otherwise safeguarded. iv. Walkways and bikeways may be combined with other easements and used by emergency or maintenance vehicles, but shall not be used by other automotive traffic. 12. Prohibitions. a. A recreational vehicle shall not be occupied in a mobilehome park. b. A mobilehome shall not support a building. C. A mobilehome park shall have no conventionally constructed or stud -framed residences other than one dwelling unit for the use of a caretaker or a manager responsible for maintaining or managing the property. 17.38.030 MOCA—Mineral/Oil Conservation Area Overlay Zone. A. Purpose. The mineral/oil conservation area (MOCA) overlay zone designates areas which have a significant mineral aggregate resource and/or oil fields. The purpose is to permit the continuation of the mineral/oil usage while providing development of the area when certain environmental factors have been adequately mitigated. B. Permitted Uses. All uses shall be subject to the requirements of the underlying zone, with the exception of mineral extraction and oil production which shall be subject to the requirements of this section. 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. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 66 • • 0 Extraction and Oil Production MOCA 1. Drilling for and/or production, handling, storage, extraction and removal of oil, C gas and other hydrocarbons, including but not limited to compressors and other structures and buildings for oil field workers in connection with the operation. 2. Drilling for and/or production, handling, storage, extraction and removal of oil, P gas and other hydrocarbons, including but not limited to compressors and other structures and buildings for oil field workers in connection with the operation on properties owned by a public utility and more than 500 feet from a public right-of-way. 3. Mining for and/or production handling, processing and removal of rock, C aggregate, precious metals, sand and other similar material, including but not limited to structures and buildings in connection with the operation. 4. Refineries, absorption plants or gasoline extraction plants. X C. Property Development Standards. The 4 following regulations shall apply to the site of a mineral/oil conservation area in addition to the regulations of the underlying zone. Additional regulations may be specified as conditions of approval through the conditional use permit, minor use permit and development review process. • 1. General Requirements. The general requirements of the underlying zone shall apply to any development within the mineral/oil conservation area overlay zone. 2. Special Requirements. The following special requirements shall apply to development in the mineral/oil conservation area overlay zone. Additional requirements may be specified as conditions of approval of a conditional use permit, minor use permit and/or development review. a. A reclamation plan shall be required for all applications for mineral/oil extraction. The plan shall indicate the expected time frame for reclamation and the various phases. Annual progress reports shall be submitted to the Director. b. Screening and landscaping shall be required of all oil operations. Oil pumping facilities shall be contained within a solid eight (8) foot fence or wall with a securely locked gate to the satisfaction of the Director. C. Truck and service vehicles used in the operation of the facility shall be permitted only on approved routes and shall only be operated within approved hours of operation. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 67 d. Outdoor storage of materials shall be in accordance with outdoor storage requirements in commercial and industrial zones. • e. Oil well installation and use, including the installation and use of equipment, structures and facilities necessary for all drilling and producing operations customarily required or incidental to usual oil field practice, the initial separation of oil, gas and water, and for the storage, handling, recycling and transportation of oil,, gas and water to and from the premises shall conform to the following conditions. The Approving Authority may waive or modify any one or more of these conditions if it finds that the waiver or modification will not result in material detriment to the public welfare or to the property of other persons located in the vicinity thereof. i. New wells shall not be located within three hundred (300) feet of any existing residence, except the residence of the owner of the land on which the well is located, and except a residence located on land which, at the time of the drilling of the well, is under lease to the person drilling the well. New residential development shall not be located within fifty (50) feet of an existing well, in accordance with the fire code. ii. If the drilling is within five hundred (500) feet of one or more residences and except a residence located on land which, at the time of the drilling of the well, is under lease to the person drilling the well, that: (a) All derricks used in connection with the drilling of the well shall be enclosed with fire-resistant and soundproofing material unless the occupants of all residences within one thousand three hundred twenty (1,320) feet (one-fourth mile) of the drilling site, other than of a residence described .in subsection (C)(2)(e)(ii) of this section, file a written waiver with the Commission; (b) All drilling and pumping equipment shall be operated by muffled internal-combustion engines or by electric motors; (c) Materials, equipment, tools or pipe used for either drilling or producing operations at the well hole shall be delivered to or removed from the drilling January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 68 L • • • site only between the hours of eight a.m. and six p.m. of any day, except in the case of emergency. f. The derrick used pursuant to this section to drill any well hole or to repair, clean out, deepen or re -drill any completed or drilling well, shall be removed within ninety (90) calendar days after completion or abandonment of any well. g. Within ninety (90) calendar days after abandonment of any well, earthen sumps used in drilling or production, or both, shall be filled, and the drilling site restored as nearly as practicable to its original condition. h. Any unattended earthen sump located within one thousand three hundred twenty (1,320) feet (one-fourth mile) of the nearest highway, or within two thousand six hundred forty (2,640) feet (one-half mile) of twenty (20) or more residences shall be enclosed with a wall not less than eight (8) feet high. When private roads to wells are constructed, that portion of such roads lying within two hundred (200) feet of a public highway, or of an existing residence, shall contain a surface that controls dust. j. A well hole, derrick or tank shall not be placed within fifty (50) feet of any public highway. k. Except as provided in this code, a faithful performance bond in amount determined by the Director, but not less than two thousand dollars ($2,000), shall be filed with the City for each well for the first five (5) wells. Where more than five (5) wells are drilled, ten thousand dollars ($10,000) in bonds shall be the minimum total required of all oil operators. Either such bond shall include as obligees all persons who may be damaged or annoyed by such use, or a policy of insurance shall be filed with the City having a maximum amount of recovery not less than the amounts required of a bond, directly insuring all persons who may be damaged or annoyed by such use. Faithful performance bonds for mining operations shall be determined by the Approving Authority as part of the conditional use permit approval. 1. All drilling and producing operations shall conform to all applicable grading, oak tree, fire and safety regulations. in. Not more than two (2) production tanks, neither to exceed one thousand (1,000) barrels capacity, shall remain on the premises following completion of production tests at each well; provided, January 2013 j DRAFT Division 17.30 —Zones (17.31-17.39) Page 69 however, that this condition shall not restrict the maintenance of additional tanks for storage and shipping as part of the conditional • use permit approval. n. Technological improvements in drilling, mining, and production methods shall be adopted as they become, from time to time, available if capable of reducing factors of nuisance and annoyance. o. All drilling, mining and production operations shall be conducted in such a manner as not to constitute a public nuisance. P. Signs shall not be constructed, erected, maintained or placed on the premises, or any part thereof, except those required by law or ordinance to be displayed in connection with the drilling or maintenance of the well. q. Suitable and adequate sanitary toilet and washing facilities shall be installed and maintained to a clean and sanitary condition at all times. r. For aggregate mining and processing activities, a minimum one - mile distance and/or additional buffering shall be maintained from residential uses or other sensitive receptors to mitigate for noise and airborne emissions. • S. After completion of mining activities, all lands shall be remediated and restored to a condition that supports beneficial uses, which may include but are not limited to recreational open space, habitat enhancement, groundwater recharge, or urban development. t. Mitigation of impacts from mining and processing of materials on adjacent uses or on the community, including but not limited to air and water pollution, traffic and circulation, noise, and land use incompatibility. U. Mineral extraction sites shall be maintained in a safe and secure manner after cessation of extraction activities, which may include the regulated decommissioning of wells, clean-up of any contaminated soils or materials, closing of mine openings, or other measures as deemed appropriate by the agencies having jurisdiction including the City. 17.38.040 MR—Movie Ranch Overlay Zone. A. Purpose. In an effort to support the continuation of filmmaking and film production, the movie ranch (MR) overlay zone designates certain areas within January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 70 • 40 is the City whereby filming and related facilities are permitted by right. The designation is intended as a modifier to an underlying zone and would permit location filming and full service motion picture and television filming, including studios and other facilities for production of feature films, television series, commercials, telethons, videos, webisodes, other film/video formats not yet conceived and all related facilities. The movie ranch overlay zone is applied to areas appropriate for motion picture and television filming, including sound stages, studios and related media support facilities consisting of a minimum of fifty (50) contiguous acres. Where applied, the movie ranch overlay (MR) zone is intended to allow for ongoing and/or location filming on-site, permitted by right, subject to Film Office review. B. Permitted Uses. All uses shall be subject to the requirements of the underlying zone, with the exception of film production activities which shall be subject to the requirements of this section. The following uses shall be permitted where the symbol "P" appears; subject to a conditional use permit where the symbol "C" appears; and prohibited where the symbol "X" appears. 1. Full service motion picture and television studios including P facilities for production of feature films, television series, commercials, telethons, videos, webisodes, other film/video formats not yet conceived, and all related facilities for motion picture and television studios. Filmmaking activities may take place both indoors or outdoors within the Movie Ranch. 2. Sound Stages and other related film making structures P 3. Office space and limited commercial retail sales, incidental to the P primary movie ranch use 4. Temporary film sets P 5. Incidental temporary community activities and social events P 6. Parking lots P T Accessory retail sales during filming operations P 8. Wireless communications facilities as provided in Chapter 17.69 C Wireless Communication Facilities and Satellite Dish Antennas C. Additional Uses. The following uses shall be permitted on the site of a movie ranch in addition to the uses of the underlying zone. I. Incidental Uses. Parking areas and temporary structures constructed as part of a production set shall be permitted by right, provided that the January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 71 structures comply with applicable building, fire and other life safety regulations and do not interfere with required building setbacks. • 2. Permanent Sound Stage Structures. Up to two (2) new sound stages at a combined maximum square footage of 40,000 square feet shall be permitted by right. All permanent structures shall be subject to development review process and must be set back a minimum of 100 feet from off-site residential uses. All permanent structures must comply with applicable building, fire and other life safety regulations. Any sound stage structures proposed outside of these parameters will require a conditional use permit. 3. Permanent Office Structures. Up to a maximum of 10,000 square footage of office space shall be permitted by right. All permanent structures shall be subject to development review process and must be set back a minimum of 100 feet from off-site residential uses. All permanent structures must comply with applicable building, fire and other life safety regulations. Any office structures proposed outside of these parameters will require a conditional use permit. 4. Special Events. Special events shall be permitted by right between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday, and 7:00 a.m. to 12:00 a.m. on Friday and Saturday, subject to review of the site, parking and traffic plan. Events outside of these parameters will require a • temporary use permit, which may be approved at the discretion of the Director. 5. Commercial Uses. Incidental commercial uses to filming operations and the surrounding uses shall be permitted consistent with the requirements of the Community Commercial zone where two highways identified in the City's General Plan intersect, provided that the commercial use does not exceed three (3) acres in size and are not within one (1) mile of another commercial use. D. Property Development Standards. The following regulations shall apply to the site of a movie ranch in addition to the regulations of the underlying zone. Additional regulations may be specified as conditions of approval through the conditional use permit and/or development review process. 1. Minimum Lot Size. Fifty (50) contiguous acres. 2. Film Office Review. Filming activities are permitted by right in the movie ranch overlay as described below, subject to review of Film Office and via the Movie Ranch Filming Permit process. The Film Office will coordinate review of each filming activity with Fire Department, Sheriffs Department and other agencies as necessary. January 2013 1 DRAFT Division 17.30— Zones (17.31-17.39) Page 72 • 3. Setbacks from Residential. Uses for Primary Film Activity. Minimum of 500 feet between primary film activity and off-site residential uses shall be maintained. Primary filming activities include filming, location of generators, base camp, catering and other more intrusive activities. Filming activities outside of these parameters may be subject to neighborhood notificationllof adjacent property owners at the discretion of the Film Office. 4. Setbacks from Residential Uses for Secondary Film Activity. Minimum of 100 feet between secondary film activity and off-site residential uses shall be maintained. Secondary filming activities include parking and other non -intrusive activities. Filming activities outside of these parameters may be subject to neighborhood notification of adjacent property owners at the discretion of the Film Office. 5. Hours of Filming. Filming indoors within sound stages and/or filming more than 500 feet from off-site residential uses is permitted by right 24 hours a day. Filming less than 500 feet from off-site residential uses is permitted by right between the hours of 7:00 a.m. and 10:00 p.m. Filming outside of these parameters may be subject to neighborhood notification of adjacent property owners at the discretion of the Film Office. • 6. Height Limit. No permanent structure within the MR overlay zone shall exceed a height of 56 feet without approval of a conditional use permit. Temporary structures, such as film sets, shall be exempt from this height limitation. 7. Lighting. All permanent and temporary light sources shall be shielded from streets or adjoining properties. Temporary lighting incidental to film activity is permitted by right between the hours of 7:00 a.m. and 10:00 p.m. Lighting outside of these parameters may be may be approved at the discretion of the Film Office. 8. Noise. Filming with special effects and/or excessive noise incidental to film activity is permitted by right between hours of 7:00 a.m. and 10:00 p.m. Special effects and/ excessive noise, as determined by the Film Office, outside of these parameters may be approved at the discretion of the Film Office. 9. Fencing. Permanent privacy fencing shall be exempt from height limitations, subject to architectural design review and provided that the structures comply with applicable building, fire and other life safety regulations and may require screening with landscaping where visible from the public right-of-way. January 2013 1 DRAFT Division 17.30'1 Zones (17.31-17.39) Page 73 10. Helicopters. Helicopter landings incidental to film activity are permitted by right between the hours of 7:00 a.m. and 10:00 p.m. provided that the helicopter activity complies with applicable FAA, fire and other life safety regulations. Helicopter landings outside of these parameters may be may be approved at the discretion of the Film Office. E. Pre -Existing Uses. A movie ranch use legally established as of the effective date of this code under the provisions of either the City or the County of Los Angeles, shall be deemed to be a pre-existing legal use and may be continued in perpetuity or as otherwise specified in this section. F. Expiration. Once a movie ranch use has been discontinued for a continuous period of three hundred sixty-five (365) calendar days or more, the use shall not be re-established unless the Director is notified in writing of the intent to resume and has provided a schedule to resume movie ranch operations. 17.38.050 MU—Mixed Use Overlay Zone. A. Purpose. These regulations encourage a mix of residential, commercial, employment and institutional opportunities within identified centers of activity along identified transportation corridors. The mixed use (MU) overlay zone provides a mechanism to revitalize older commercial corridors and specific individual properties, increase opportunities for infill housing while transforming and aesthetically improving transportation corridors into boulevards with mixed use projects, encourage new housing and innovative retail that is less automobile dependent, and help to create pedestrian -oriented neighborhoods where local residents have services, shops, jobs and access to transit within walking distance of their homes. B. Application. The mixed use (MU) overlay zone applies to areas identified on the Mixed Use Overlay Exhibit (L-3) in the General Plan and the approved zoning map. A minor use permit is required for the development of a mixed use project in the mixed use overlay zone. At the discretion of the Director, a project may be referred to the Commission for review and approval. The application, fees, public hearing and approval process for the minor use permit will apply as described in Section 17.24.120 (Minor Use Permit). C. Definition. Mixed use is characterized by development consisting of one or more lots developed as a cohesive project and designed with a blend of various compatible uses such as residential, office, retail, entertainment, and dining or community facilities. There are two types of mixed use, one being "neighborhood serving" and the other "destination -oriented." 1. Neighborhood Serving. The "neighborhood serving" residential provides opportunities for the coordinated development of "urban villages" that offer a diverse range of complimentary land uses in close proximity to one January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 74 U • • another. These mixed u! horizontal integration of with pedestrian linkages • • 2. Destination -Oriented. The for intense, mixed use u people to live, work, shop the automobile. These mi; tourism and entertainm integration of compatible uses share the same buildij D. Incentives for Mixed Use L below may be applied to the 1. Accelerated plan check projects are characterized by either vertical or es, with an emphasis on tying together the uses tering to surrounding neighborhoods. `destination -oriented" mixed use provides areas )an environments that offer opportunities for dine and recreate with minimal dependence on ;d use projects are more regional in focus with nt opportunities, characterized by vertical esidential and commercial uses, whereby such a or lot. ment. One or more of these incentives listed use project. 2. Increased residential and commercial density opportunities; 3. Reduced parking requiremlents; 4. Increased building heights;) 5. Reduction in setbacks along public streets. E. Permitted Uses. All uses shall be subject to the requirements of the underlying zone, with the exception of mixe0se developments, which shall be subject to the following. The following uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the symbol "C" appears; a temporary use permit is required where a "T" appears; an administrative permit is required where the symbol "AP" appears; and a hillside development review is required where an "H" appears. Any use not listed is considered a prohibited use in this zone. The Director may deem additional uses to be permitted based on a finding that the use is similar in nature and operation! to the permitted uses listed in this subsection. Land use descriptions are contained in Division 17.40 (Use Classifications and Required Parking). Parking requirements shall be subject to subsection (F) (6) of this section. Residential Use Types 1. Caretaker's Residence P 2. Community Care Facility C 3. Dwelling a. Single -Family P January 2013 1 DRAFT Division 17.30 Zones (17.31-17.39) Page 75 Commercial Use Types b. Two -Family c. Multi -Family P P 4. Family Day Care Homes P 5. Home -Based Cottage Food Operation AP 6. Home Occupation Business P 7. Joint Living/Working Quarters M 8. Model Homes M 9. Residential Health Care Facility C 10. Residential Service/Care Home C 11. Second Unit P 12. Supportive Housing C 13. Transitional Housing C Commercial Use Types 1. Animal Sales and Services a. Day Care M b. Grooming and Pet Stores P c. Veterinary Clinic M d. Veterinary Hospital M 2. Banks and Financial Services P 3. Business Support Services P 4. Day Care Centers M 5. Eating and Drinking Establishments a. Banquet Facilities 1) Without alcohol P 2) With alcohol C b. Bars and Alcohol Drinking Establishments C c. Catering Establishment P. d. Restaurants 1) Limited Service P - With alcohol AP 2) Full Service P - With alcohol AP 3) Take out/Delivery P e. Alcohol Production (on-site consumption) C 6. Lodging M 7. Medical Services P January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 76 • • • • 8. Nightclubs 1.Light C 9. Personal Services 2. P 10. Professional Offices P a. Call Center M 11. Recreation, Commercial a. Indoor Entertainment M b. Indoor Sports and Recreation M c. Outdoor Entertainment C d. Recreation Facilities C e. Residential Recreation Facilities P 12. Retail Sales, General P 13. Retail Sales Specific a. Department Stores M b. Discount Stores M c. Drugstores P d. Food Stores P e. Liquor Stores C f Second Hand Stores M g. Vendors, Long Term M 14. Schools, Specialized a. Vocational Schools M b. Instructional Schools M 15. Self Storage C Industrial Use Types 1.Light Manufacturing C 2. 1 Studios, Recording C Public and Semi -Public Use Types 1. Community Assembly C 2. Heliport/Helipad C 3. Museums, Private M 4. Parks, Public and Private C 5. Public Parking Facilities P 6. Public Services, General P 7. Public Services, Specific a. Ambulance and Paramedic Dispatch C January 2013 1 DRAFT Division 17.30 Zones (17.31-17.39) Page 77 I Agricultural Use Types b. Flood Control Facilities P Farmer's Market c. Park and Ride Lots M Riding Trails d. Preservation of Historic Landmarks P Holiday Sales e. Utility Substations C 8. Schools, Public and Private a. Private Primary and Secondary Schools C b. Public Primary and Secondary Schools C 9. j Small Wind Energy System P 10. Wireless Communication Facilities a. Above thirty-five feet C b. Up to thirty-five feet M c. Flush -mounted M d. Co -located M Agricultural Use Types 1. Farmer's Market M 2. Riding Trails P Temporary Use Types 1. Temporary Residence a. Short Term b. Long Term T M 2. Temporary Real Estate Office T 3. Holiday Sales T 4. Temporary Uses in Accordance with this Code T Accessory Structures and Uses Use Types 1. Accessory Structures P 2. Accessory Uses P 3. Incidental Services for Employees P 4. Live Entertainment M Development Activities/ Miscellaneous Use Types 1. Development Activity on Natural Slopes a. Less than 10% P b. 10% to 15% H January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 78 • • • F. Design Standards. Development shall strive to provide a mixed use project that includes a residential component and a commercial component. The development standards for the underlying commercial zones will apply; however, the following guidelines shall be applied to mixed use projects. 1. Residential Density. a. For mixed use development sites greater than five (5) acres in size, the net developable acreage of the site shall have a minimum density of twenty (20) units per acre. • b. For mixed use development sites less than five (5) acres in size, the net developable acreage of the site shall have a minimum density of eleven (11) units per acre. • 2. Commercial Density. a. Commercial use shall incorporate a minimum range of twenty percent (20%) to thirty percent (30%) of the allowable floor area ratio in square footage, or to the satisfaction of the Director. b. All ground level uses with street frontage shall be commercial retail uses. Office uses that offer consumer services shall also be permitted subject to the satisfaction of the Director. 3. Pedestrian Orientation Along Public Street Frontage and Setbacks for Mixed Use Development Project. a. Buildings shall be oriented along street frontage. b. For vertical mixed use development, residential uses will not be allowed on the first floor of a building fronting a primary roadway commercial corridor. Residential uses may be located on the January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 79 c. Greater than 15% H 2. Grading Cut and Fill, or Any Combination Thereof, on Natural Slopes Exceeding 10% a. 100 to 1,500 Cubic Yards P b. 10,000 to 100,000 cubic yards H 3. Cluster development in accordance with this Code C 4. Affordable housing density bonus in accordance with P this Code 5. Amenities Density/FAR Bonus C F. Design Standards. Development shall strive to provide a mixed use project that includes a residential component and a commercial component. The development standards for the underlying commercial zones will apply; however, the following guidelines shall be applied to mixed use projects. 1. Residential Density. a. For mixed use development sites greater than five (5) acres in size, the net developable acreage of the site shall have a minimum density of twenty (20) units per acre. • b. For mixed use development sites less than five (5) acres in size, the net developable acreage of the site shall have a minimum density of eleven (11) units per acre. • 2. Commercial Density. a. Commercial use shall incorporate a minimum range of twenty percent (20%) to thirty percent (30%) of the allowable floor area ratio in square footage, or to the satisfaction of the Director. b. All ground level uses with street frontage shall be commercial retail uses. Office uses that offer consumer services shall also be permitted subject to the satisfaction of the Director. 3. Pedestrian Orientation Along Public Street Frontage and Setbacks for Mixed Use Development Project. a. Buildings shall be oriented along street frontage. b. For vertical mixed use development, residential uses will not be allowed on the first floor of a building fronting a primary roadway commercial corridor. Residential uses may be located on the January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 79 Ll E 6. ground floor of a building if the building fronts on a secondary road or alley. C. Ground -floor residential buildings in a mixed use development shall be set back a minimum of five (5) feet and maximum of fifteen (15) feet from the front property line. d. Ground -floor retail/commercial buildings in a mixed use development shall have a maximum setback of fifteen (15) feet to provide landscaping and street furniture. e. For visual interest at the pedestrian level, at least fifty percent (50%) of the total ground floor building frontage of any new or reconstructed building facing the public street shall have the following: windows with clear untinted glass and recessed entries. Alternative Transportation Amenities. a. The proposed development shall provide connectivity to existing and future trail systems. b. Required bus turnouts/shelters shall be incorporated into the design of the front setback/landscape/hardscape. C. Pedestrian pathways shall be provided throughout the proposed development. Building Height. a. Building heights may range from a minimum of thirty (30) feet, unless modified by the Director, to a maximum of fifty-five (55) feet for vertical mixed use developments, without obtaining a conditional use permit. b. The Approving Authority may grant height in excess of fifty-five (55) feet with the approval of a conditional use permit. Parking. a. For mixed use developments with two (2) bedrooms or more, parking shall be provided at a rate of two (2) spaces per residential unit and 0.5 spaces for guest parking. Parking area shall be designated and covered. Tandem parking may be permitted. b. For mixed use developments with one bedroom units or studios, parking shall be provided at a rate of one space per unit and 0.5 January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 80 • • spaces for guest parking. Parking area shall be designated and • covered. Tandem parking may be permitted. C. For mixed use developments, parking for the commercial component shall be provided at a rate of one space per two hundred (200) square feet. d. At the discretion of the Director, a parking plan may be required to determine the total number of parking spaces needed for a mixed use project. If changes to the uses occur at a future date, a new parking plan will be required to reflect the new uses. e. Residential guest parking at a rate of 0.5 spaces per unit may be used to supplement the required parking spaces for the commercial component of the mixed use development. f Subterranean parking will not be defined or counted as a building story or level and is encouraged in both vertical and horizontal mixed use developments. g. The Approving Authority may allow the integration of parking alternatives for nonresidential uses in the form of valet and/or on - street parking spaces, where permitted, with the approval of the • project parking plan. • 7. Open Space. a. Active recreation and passive leisure space should be provided for each residential -only or mixed use project containing residential uses. The required minimum amount of open space for a mixed use project is two hundred (200) square feet per unit, which may be combined for a larger community open space area. b. Open space should be provided in areas that are not required setbacks, parking areas, driveways, services areas or unusable slope area. C. Exterior public spaces shall be provided throughout the proposed development. d. The applicant may provide off-site open space amenities or in -lieu fees to satisfy the open space requirements. 8. Architecture. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 81 a. Development shall comply with the City's Community Character and Design Guidelines. • b. Buildings shall include three hundred sixty (360) degree architectural elements. 9. Signs. a. All proposed signage is subject to Section 17.51.080 (Sign Regulations (Private Property)). b. The sign size and location shall be incorporated into the design of the building to provide visibility to public streets and orientation to pedestrians. C. Signs shall incorporate colors and materials that are conducive to both commercial and residential uses. 10. Landscaping. a. Landscaping shall be provided to accent ground floor uses, but not impede the visibility to the street. b. Landscaping shall be provided in open space and common areas • throughout the mixed use development. G. Site and Architectural Design Process. New development and major renovations in the MU overlay zone are subject to the City's Community Character and Design Guidelines and review by the City to encourage design creativity, flexibility, and high quality that is sensitive to the surrounding context and unique site conditions. H. Criteria for Individual Properties Not in the Mixed Use Overlay Zone. The project site shall meet all criteria listed below and in this chapter and it will require a conditional use permit. Minimum lot size of twenty-one thousand seven hundred eighty (21,780) square feet (0.5 acre); 2. Minimum street frontage of one hundred (100) feet; 3. Property frontage on public street; 4. Property abuts similarly zoned commercial or mixed use property. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 82 i 17.38.060 PD—Planned Development Overlay Zone. • A. Purpose. The Planned Development (PD) overlay zone regulations are intended to provide additional discretion for previously vacant, or underutilized parcels, as identified on the City's zoning map. All new development or redevelopment in excess of 50 percent valuation of the existing structures, as determined by the Building Official, whether permitted, minor, or conditionally permitted, shall be subject to the approval of a conditional use permit. 17.38.070 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. Significant ridgelines are ridgelines which, are highly visible to the community and dominate the landscape. The general locations of the City's designated significant ridgelines are 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, in the vicinity of a • generally designated significant ridgeline, shall submit an exhibit prepared by a licensed civil engineer utilizing site specific topographic mapping to precisely locate the position vertical and horizontal position of the ridgeline in relation to the proposed development. The precise ridgelines are defined as the line formed by the meeting of the tops of sloping surfaces of land. The RP overlay zone shall be established to protect the visual integrity of the area within 100 feet vertical and 100 feet horizontal distance from the ridgeline. 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 17.24.100 (Adjustment) and Section 17.25.120 (Variance) of this Code. 1. No engineered slopes, structures, streets, utilities or other manmade features shall be permitted in the RP overlay zone unless a ridgeline • alteration permit is obtained. This requirement does not apply to Master January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 83 Planned Highways as indicated on the adopted General Plan and non - motorized trails open to the public. 2. In order to further the overall community -wide benefit of a project, the Council may require additional criteria be added when approving a ridgeline alteration permit. Conditions may include, but are not limited to, provisions for or limitations to the following: a. Special location of structures on the project site; b. Open spaces; C. Buffers; d. Fences; e. Walls; f. Height of buildings, walls or other structures; g. Installation and maintenance of landscaping; h. Street dedications, medians, and improvements; i. Installation of basements as living space; j. Installation of earthen berms; k. Control of potential nuisances; 1. The prescription standards for perpetual maintenance of building and grounds; in. Limiting the life of the permit; n. Use and accessory use restrictions; and o. Such other conditions as the Council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare and to preserve natural landmarks and prominent natural features of ridgelines. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 84 • 11 • 17.38.080 SEA—Significant Ecological Area Overlay Zone. A. Purpose. In an effort to achieve the City's objective to preserve the Significant Ecological Areas (SEA) 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 SEA zoning overlay zone classification was established. In general, the purpose of the overlay zone shall be to minimize the intrusion and impacts of development in these areas with sufficient controls to adequately protect the resources. B. Applicability. The SEA overlay zone applies to areas identified on the adopted SEA map on file in the City. Any development including, but not limited to grading permits, building permits and land use entitlements, in an area as indicated on the SEA map is subject to a SEA conformance review by the Approving Authority. C. Uses. All uses of the underlying zone shall follow the requirements and restrictions associated with that zone with the approval of an SEA conformance review. The conformance review may include specific development standards to control the types of land use, density, building location and size, roadways and other infrastructure, landscape, drainage, and other elements to assure the protection of the critical and important plant and animal habitats of each SEA. D. Conformance Review. A conformance review shall include the applicant submitting a biological report and any other information deemed necessary by the Director for the proposed project. Once submitted, the Director shall review the information and prepare a report for the Approving Authority that includes any conditions, restrictions, mitigation measures or project modifications that are deemed necessary to address any adverse impacts of the proposed project. 17.38.090 VDS—Vehicle Dealer Sales Overlay Zone. A. Purpose. In an effort to reduce the proliferation of auto -related uses throughout the City and to concentrate them in a central, regional serving location, the vehi- cle dealer sales (VDS) overlay zone designates certain areas within the City whereby the placement and concentration of vehicle dealer sales is allowed. The purpose is to establish standards for the clustering of these uses in areas of the City once all environmental factors have been properly mitigated. B. Permitted Uses. All uses shall be subject to the requirements of the underlying zone with the exception of vehicles dealer sales and services uses. The following vehicle service uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears. ® h. (Vehicle Sales and Services January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 85 a. Automobile and Light Truck Sales and Services 1) Body Repair and Painting* (2) Commercial Storage (3) Gas Sales (4) Repair and/or Maintenance* 5) Rentals 6) Sales b. Boat and Camper/R.V. Sales and Services (1) Commercial Storage (2) Repair (3) Sales and Rental * Body repair, painting, and/or vehicle repair and maintenance shall be considered a permitted (P) use when incidental to and/or on the same premises as a dealership selling new vehicles. C. Property Development Standards. The following requirements shall apply to the uses described above 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 • 17.24. 100 (Adjustment) and Section 17.25.120 (Variance). 1. General Requirements. The general requirements of the underlying zones shall apply to any development within the VDS overlay zone. a. All street setbacks shall be landscaped and maintained in accordance with the underlying zone. b. All signage, including banners, shall be in conformance with Section 17.51.080 (Sign Regulations (Private Property)). C. All uses shall comply with the Municipal Code as it relates to noise. d. All modifications to the structure and uses proposed within shall comply with all applicable building, stormwater and fire codes and City ordinances and requirements. e. There shall be no outdoor display or storage of vehicle parts and supplies goods for sale. 2. Special Requirements. The following special requirements shall apply to development in the VDS overlay zone. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 86 • • U a. All operations must be conducted within an enclosed building. b. The dismantling of vehicles for purposes other than repair is prohibited. C. No damaged or wrecked vehicles shall be stored for purposes other than repair, unless the approval of a vehicle impound facility is obtained. d. All fencing shall be solid masonry of decorative nature to the satisfaction of the Director with no metal panels, chain link, barbed wire or razor fencing permitted. e. All body repair and painting facilities shall meet the following criteria: i. All paint spray booths shall be within an enclosed building. ii. All damaged or wrecked vehicles awaiting body repair shall be within an area enclosed by a minimum seven (7) foot high solid masonry wall as to not be visible from residential uses or the public right-of-way. 17.38.100 VS—Vehicle Services Overlay Zone. A. Purpose. In an effort to reduce the proliferation of auto -related uses along commercial corridors, the vehicle services (VS) overlay zone designates certain areas within the City whereby the placement and concentration of vehicle services is encouraged. The purpose is to establish standards for the clustering of these uses in areas of the City once all environmental factors have been properly mitigated. B. Permitted Uses. All uses shall be subject to the requirements of the underlying zone with the exception of vehicles services uses. The following vehicle service uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; uses are prohibited where the symbol "X" appears. 1. 1 Vehicle Sales and Services a. Automobile and Light Truck Sales and Services (1) Body Repair and Painting M (2) Commercial Storage M January 2013 1 DRAFT Division 17.30 – Zones (17.31-17.39) Page 87 C. Property Development Standards. The following requirements shall apply to the vehicle service uses described above 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 17.24. 100 (Adjustment) and Section 17.25.120 (Variance). 1. General Requirements. The general requirements of the underlying zones shall apply to any development within the VS overlay zone. a. All street setbacks shall be landscaped and maintained in accordance with the underlying zone. b. All signage, including banners, shall be in conformance with Section 17.51.080 (Sign Regulations (Private Property)). C. All uses shall comply with the Municipal Code as it relates to noise. d. All modifications to the structure and uses proposed within shall comply with all applicable building, stormwater and fire codes and City ordinances and requirements. e. There shall be no outdoor display or storage of vehicle parts, supplies, or goods for sale. 2. Special Requirements. The following special requirements shall apply to development in the VS overlay zone. a. All operations must be conducted within an enclosed building. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 88 • (3) Gas Sales P (4) Repair and/or Maintenance P (5) (A) Sales (B) Rentals X P b. Boat and Camper/R.V. Sales and Services (1) Commercial Storage M (2) Repair P (3) Sales and Rental P c. Motorcycle Sales and Services P C. Property Development Standards. The following requirements shall apply to the vehicle service uses described above 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 17.24. 100 (Adjustment) and Section 17.25.120 (Variance). 1. General Requirements. The general requirements of the underlying zones shall apply to any development within the VS overlay zone. a. All street setbacks shall be landscaped and maintained in accordance with the underlying zone. b. All signage, including banners, shall be in conformance with Section 17.51.080 (Sign Regulations (Private Property)). C. All uses shall comply with the Municipal Code as it relates to noise. d. All modifications to the structure and uses proposed within shall comply with all applicable building, stormwater and fire codes and City ordinances and requirements. e. There shall be no outdoor display or storage of vehicle parts, supplies, or goods for sale. 2. Special Requirements. The following special requirements shall apply to development in the VS overlay zone. a. All operations must be conducted within an enclosed building. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 88 • b. All repair activities as described in this section shall be confined to • the hours of seven a.m. to ten p.m., Monday through Friday, and eight a.m. to seven p.m. on Saturday and Sunday. • • C. All parking for employees and customers, in addition to all required circulation, shall be provided on-site and available during all business hours. d. The dismantling of vehicles for purposes other than repair is prohibited. e. No damaged or wrecked vehicles shall be stored for purposes other than repair, unless the approval of a vehicle impound facility is obtained. Any vehicle awaiting repair for more than thirty (30) days shall be removed from the location or stored in an enclosed building. f All fencing shall be solid masonry of decorative nature to the satisfaction of the Director with no metal panels, chain link, barbed wire or razor fencing permitted. g. All body repair and painting facilities shall meet the following criteria: (i) All paint spray booths shall be within an enclosed building. (ii) All damaged or wrecked vehicles awaiting body repair shall be within an area enclosed by a minimum seven (7) foot high solid masonry wall as to not be visible from residential uses or the public right-of-way. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 89 Chapter 17.39 Special Standards Districts • SECTIONS: 17.39.010 Happy Valley Special Standards District. 17.39.020 Placenta Canyon Special Standards District. 17.39.030 Sand Canyon Special Standards District. 17.39.010 Happy Valley Special Standards District. A. Purpose. The purpose of the special standards district is to maintain, preserve and enhance the rustic California ranch character of the Happy Valley neighborhood. Happy Valley is an area located in the Newhall community of the City of Santa Clarita. Happy Valley is situated just north of Wildwood Canyon and local mountain ranges containing large oak tree groves. Numerous streets within this area are lined with large oak trees with no sidewalks or curbs, presenting a hybrid of a rural and suburban community character. The area has been historically comprised of single-family ranch homes, with a variety of architectural styles reflecting a rustic character. There are a variety of lot sizes and configurations throughout Happy Valley. Many of the homes located within Happy Valley are on varying sized lots, providing a neighborhood layout different from most areas of the City. These special characteristics make Happy Valley a unique area of the City, which these special standards intend to preserve. B. Community Character and Design Guidelines. Development of new single-family homes shall utilize the concepts contained within the single-family residential design guidelines section of the Community Character and Design Guidelines. C. Property Development Standards. The following requirements shall apply in all zones in the area identified as Happy Valley on the official zoning map and as described in subsection (D) of this section: 1. Animal Keeping. Animals which are kept or maintained as pets shall be permitted to continue when in accordance with the requirements of Chapter 17.62 (Animal Keeping). a. Large animals such as horses, cows and similar animals are permitted pursuant to the requirements set forth in Section 17.62.020 (Keeping of Large Animals). b. Small animals such as sheep, goats, dogs, rabbits, and birds and similar animals are permitted pursuant to the requirements set forth in Section 17.62.030 (Keeping of Small Animals). January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 90 2. Oak Tree Preservation. The purpose of this subsection is to protect and • preserve oak trees in the City of Santa Clarita in accordance with the requirements of this section and Section 17.51.040 (Oak Tree Preservation). i a. The removal of heritage oak trees shall be strongly discouraged even if mitigation is offered as an alternative. b. Pursuant to requirements set forth in Chapter 17.57 (Property Development Standards: Residential), all new residential development shall require the planting of one (1) twenty-four (24) inch box tree in the required front yard area to the satisfaction of the Director. This requirement may be waived or modified by the Director where it is found to be impractical due to topographical conditions, is not keeping with the neighborhood or otherwise will not benefit the area. The planting of oak trees or other native trees shall be encouraged for this requirement. 3. Street Development Standards. Any new development shall adhere to the following standards or provide the following amenities: a. Street lights, in accordance with City standards, shall be installed only at road -to -road intersections. b. Street curbs, gutters, and sidewalks shall not be required of new development. In areas which currently have sidewalks, sidewalks for new development shall be installed in order to provide streetscape consistency, as appropriate. C. Minimum City and Fire Department standards for all-weather access shall be provided. d. Fences and gates may remain legal nonconforming until demolished or modified, after which time compliance with the City's Code is required. D. Legal Description of District Boundaries. THE BOUNDARY OF THE HAPPY VALLEY SPECIAL STANDARDS DISTRICT, LOCATED IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF VALLEY STREET AS SHOWN ON F.M. 20959-3, SAID MAP ALSO FILED AS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 364 -1222 -RW 3, AND THE WESTERLY PROLONGATION OF THE NORTH TRACT BOUNDARY LINE OF TRACT MAP 35001 M.B. 946/43-44 THENCE January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 91 EASTERLY ALONG SAID NORTH TRACT BOUNDARY LINE TO A POINT ON THE WESTERLY LINE OF PARCEL MAP 14563 M.B. 161/76-77, SAID WESTERLY LINE SHOWN ON SAID PARCEL MAP AS NORTH 04°01'11" WEST 350.89 FEET THENCE NORTH ALONG SAID WESTERLY LINE TO THE SOUTHWESTERLY LINE OF A 150.00 FOOT WIDE SOUTHERN CALIFORNIA EDISON RIGHT OF WAY SHOWN ON THE LICENSED SURVEYORS MAP L.S. 31/38-45 THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE TO A POINT ON THE SOUTHEAST LINE OF LOT 122 OF TRACT MAP 1059 M.B. 17/94-95, SAID SOUTHEAST LINE SHOWN ON SAID TRACT MAP AS SOUTH 25001' WEST 1065.38 FEET THENCE SOUTHWESTERLY ALONG SAID SOUTHEAST LINE TO THE NORTHEAST CORNER OF PARCEL MAP 6067 M.B. 116/92-93 THENCE SOUTHERLY ALONG THE EAST PARCEL MAP BOUNDARY LINE TO THE SOUTH PARCEL MAP BOUNDARY LINE OF SAID PARCEL MAP THENCE WESTERLY ALONG SAID SOUTH PARCEL MAP BOUNDARY LINE TO A POINT ON AN EASEMENT FOR DEBRIS BASIN TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT SHOWN. ON F.M. 20959-6, SAID MAP ALSO FILED AS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 364 -1222 -RW 6 THENCE ALONG THE PERIMETER OF SAID EASEMENT THE FOLLOWING COURSES: NORTH 38°51'34" WEST 77.61 FEET, NORTH 33°51'41" WEST 30.00 FEET, SOUTH 56°08'19" WEST 60.00 FEET, SOUTH 33°51'41" EAST 45.64 FEET, HAPPY VALLEY SPECIAL STANDARDS DISTRICT, SOUTH 12055'45" EAST 157.06 FEET THENCE SOUTH 03055'45" EAST 345.00 FEET TO THE NORTH RIGHT OF WAY LINE OF DAVEY AVENUE, 40.00 FEET WIDE, AS DESCRIBED IN DEED 4604-26 OF OFFICIAL RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON F.M. 20959-6, SAID MAP ALSO FILED AS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 364 -1222 -RW 6 THENCE EASTERLY ALONG SAID NORTH RIGHT OF WAY LINE OF DAVEY AVENUE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD, 40.00 FEET WIDE, AS DESCRIBED IN DEED 8806-130 OF OFFICIAL RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON F.M. 20959-6, SAID MAP ALSO FILED AS RIGHT OF WAY MAP NO. 364 -1222 -RW 6 THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD TO THE SOUTH LINE OF PARCEL MAP 19950 M.B. 227/47-48 THENCE EASTERLY ALONG SAID SOUTH LINE 147.85 FEET TO THE BEGINNING OF A LINE PARALLEL WITH AND DISTANT 125.00 FEET EAST, MEASURED AT RIGHT ANGLES, OF THE EAST RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD, 40.00 FEET WIDE, SHOWN ON THE LAST MENTIONED PARCEL MAP THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 310.53 FEET TO A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE THENCE January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 92 • • • NORTHEASTERLY ALONG SAID PERPENDICULAR LINE 10.00 FEET TO A LINE PARALLEL WITH AND DISTANT 135.00 FEET EAST, MEASURED AT RIGHT ANGLES, OF THE EAST RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD, 40.00 FEET WIDE, AS DESCRIBED IN DEED 8806-130 OF OFFICIAL RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 470 -9101 -RW 1 THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 120.00 FEET TO A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE THENCE NORTHEASTERLY ALONG SAID PERPENDICULAR LINE 75.00 FEET TO A LINE PARALLEL WITH AND DISTANT 210.00 FEET EAST, MEASURED AT RIGHT ANGLES, OF THE EAST RIGHT OF WAY LINE OF HAPPY VALLEY SPECIAL STANDARDS DISTRICT. WILDWOOD CANYON ROAD, 40.00 FEET WIDE, AS DESCRIBED IN DEED 8806-130 OF OFFICIAL RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 470 -9101 -RW I THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE TO A POINT ON NORTHERLY LINE OF RECORD OF SURVEY 115/22, SAID NORTHERLY LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 80045'00" EAST 465.55 FEET THENCE EASTERLY ALONG SAID NORTHERLY LINE TO ITS NORTHEASTERLY TERMINUS AND CONTINUING ALONG THE PERIMETER OF SAID RECORD OF SURVEY THE FOLLOWING COURSES: SOUTH 57°01'10" EAST 280.04 FEET, NORTH 78°55'20" EAST 319.66 FEET, SOUTH 20°44'20" WEST 132.69 FEET, SOUTH 58°07'50" WEST 614.25 FEET THENCE SOUTHWESTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE TO THE CENTERLINE OF WILDWOOD CANYON ROAD AS SHOWN ON THE LAST MENTIONED RECORD OF SURVEY THENCE NORTHWESTERLY ALONG THE CENTERLINE OF WILDWOOD CANYON ROAD TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF PARCEL MAP 26026 M.B. 329/41-42 THENCE SOUTHWESTERLY FROM SAID INTERSECTION TO THE SOUTHWESTERLY TERMINUS OF SAID NORTHWESTERLY LINE THENCE SOUTHWESTERLY ALONG THE PROLONGATION OF SAID NORTHWESTERLY LINE TO THE WESTERLY LINE OF LOT 56 OF TRACT 2703 M.B. 28/20-27, SAID WESTERLY LINE SHOWN ON SAID TRACT MAP AS NORTH 23016' WEST 931.60 FEET THENCE NORTHWESTERLY ALONG SAID WEST LINE TO A 2 INCH IRON PIPE TAGGED "RCE 21649" SHOWN AS THE SOUTHEASTERLY TERMINUS OF A LINE SHOWN ON RECORD OF SURVEY 163/86 AS NORTH 36047'08" WEST 363.11 FEET THENCE ALONG THE PERIMETER OF SAID RECORD OF SURVEY THE FOLLOWING COURSES: NORTH 36°47'08" WEST 363.11 FEET, NORTH 16°52'40" EAST 153.93 FEET, NORTH 75°27'30" WEST 40.03 FEET, SOUTH 72°41'01" WEST 519.61 FEET, THENCE SOUTH 84°55'44" January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 93 WEST 133.80 FEET TO THE NORTHEAST TERMINUS OF A LINE ON THE SOUTHEASTERLY LINE OF PARCEL MAP 2293 M.B. 46/95 SHOWN AS NORTH 30052'00" EAST 180.70 FEET THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF THE LAST MENTIONED PARCEL MAP THE FOLLOWING COURSES: SOUTH 30°52'00" WEST 180.70 FEET, SOUTH 60016'40" WEST 234.01 FEET TO THE SOUTHEAST TERMINUS OF A LINE ON THE EASTERLY LINE OF LOT 69 OF TRACT MAP 38300 M.B. 1008/1-12 SHOWN AS NORTH 43002'28" WEST 151.00 FEET THENCE ALONG THE TRACT BOUNDARY LINE OF THE LAST MENTIONED TRACT MAP THE FOLLOWING COURSES: NORTH 43°02'28" WEST 151.00 FEET, NORTH 05°51'28" WEST 406.50 FEET, NORTH 37°03'00" WEST 414.24 FEET, NORTH 23°1016" EAST 200.32 FEET, NORTH 66049'44" WEST 75.00 FEET, NORTH 59°29'43" EAST 126.61 FEET, NORTH 23010'16" EAST 40.84 FEET, SOUTH 85°33'26" WEST 660.00 FEET, NORTH 23010'16" EAST 338.31 FEET, SOUTH 85°33'26" WEST 29.65 FEET, SOUTH 85030'00" WEST 480.94 FEET, NORTH 04°32'00" WEST 208.70 FEET, SOUTH 8.5030'00" WEST 208.70 FEET, NORTH 21051'51" WEST 69.47 FEET, SOUTH 85030'00" WEST 139.31 FEET, THENCE NORTH 04°32'00" WEST TO THE CENTERLINE OF MAPLE STREET, AS SHOWN ON THE LAST MENTIONED TRACT MAP THENCE EASTERLY ALONG THE CENTERLINE OF MAPLE STREET TO THE CENTERLINE INTERSECTION OF MAPLE STREET AND APPLE STREET, SHOWN ON TRACT MAP 1437 M.B. 20/54-55 THENCE NORTH ALONG THE CENTERLINE OF APPLE STREET TO THE EASTERLY PROLONGATION OF THE NORTH LINE OF LOT 18 OF THE LAST MENTIONED TRACT MAP THENCE WESTERLY ALONG SAID PROLONGATION OF SAID LOT 18 TO A LINE PARALLEL WITH AND DISTANT 152 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF APPLE STREET THENCE NORTHERLY ALONG SAID PARALLEL LINE 190 FEET TO A LINE PERPENDICULAR TO THE NORTH LINE OF THE LAST MENTIONED LOT 18 THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO THE WEST RIGHT OF WAY LINE OF APPLE STREET, 40 FEET WIDE, AS SHOWN ON THE LAST MENTIONED TRACT MAP THENCE NORTHERLY ALONG SAID WEST LINE 40 FEET TO A LINE PERPENDICULAR TO SAID WEST RIGHT OF WAY LINE THENCE WESTERLY ALONG SAID PERPENDICULAR LINE TO A LINE PARALLEL WITH AND DISTANT 170 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF APPLE STREET THENCE NORTHERLY ALONG SAID PARALLEL LINE 100 FEET TO THE NORTH LINE OF LOT 17 OF THE LAST MENTIONED TRACT MAP THENCE WESTERLY ALONG SAID NORTH LINE 217.98 FEET TO THE SOUTHEAST CORNER OF TRACT MAP 25339 M.B. 737/11-12 THENCE NORTHERLY ALONG THE EAST TRACT BOUNDARY LINE OF SAID TRACT MAP TO THE NORTHWEST CORNER OF PARCEL 4 OF PARCEL MAP 7400 M.B. 93/63-64 THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL 4 AND ITS EASTERLY PROLONGATION TO THE CENTERLINE OF APPLE STREET, 60 FEET WIDE AS SHOWN ON January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 94 • • • • • • THE LAST MENTIONED PARCEL MAP THENCE NORTHERLY ALONG THE CENTERLINE OF APPLE STREET TO THE WESTERLY PROLONGATION OF THE NORTHERLY PARCEL MAP BOUNDARY LINE OF PARCEL MAP 14920 M.B. 187/61-62 THENCE EASTERLY ALONG SAID NORTH PARCEL MAP BOUNDARY LINE TO THE EAST PARCEL MAP BOUNDARY LINE OF SAID PARCEL MAP THENCE SOUTHERLY ALONG SAID EAST PARCEL MAP BOUNDARY LINE TO A POINT ON THE NORTH LINE OF LOT 4 OF TRACT MAP 1437 M.B. 20/54-55, SAID POINT SHOWN AS THE NORTHEAST CORNER OF LOT 7 OF TRACT MAP 25344 M.B. 694/57-58 THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 7 TO A LINE PARALLEL WITH AND DISTANT 50 FEET SOUTH, MEASURED ALONG THE EAST LINE OF SAID LOT 7, OF THE NORTH LINE OF THE LAST MENTIONED LOT 4 THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE EASTERLY SIDE LINE OF A 17 FOOT WIDE EASEMENT SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 364 -1222 - RW 2 THENCE SOUTHEASTERLY ALONG SAID EASTERLY SIDE LINE TO A LINE PARALLEL WITH AND DISTANT 150 FEET SOUTH, MEASURED AT RIGHT ANGLES, OF THE NORTH LINE OF THE LAST MENTIONED LOT 4 THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND DISTANT 150 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE WEST RIGHT OF WAY LINE OF VALLEY STREET, 60 FEET WIDE, AS SHOWN ON THE LAST MENTIONED FLOOD CONTROL RIGHT OF WAY MAP THENCE SOUTHERLY ALONG SAID PARALLEL LINE 100 FEET TO A LINE PARALLEL WITH AND DISTANT 250 FEET SOUTH, MEASURED AT RIGHT ANGLES, OF THE NORTH LINE OF THE LAST MENTIONED LOT 4 THENCE EASTERLY ALONG THE LAST MENTIONED PARALLEL LINE 30 FEET TO A LINE PARALLEL WITH AND DISTANT 120 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE WEST RIGHT OF WAY LINE OF VALLEY STREET, 60 FEET WIDE AS SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 364 -1222 - RW 2 THENCE SOUTHERLY ALONG THE LAST MENTIONED PARALLEL LINE 80 FEET TO THE NORTH LINE OF LOT 5 OF TRACT MAP 1437 M.B. 20/24-55 THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 160 FEET TO THE SOUTHEAST TRACT BOUNDARY CORNER OF TRACT MAP 25344 M.B. 694/57-58 THENCE SOUTHERLY FROM SAID SOUTHEAST TRACT BOUNDARY CORNER TO A POINT ON THE NORTH LINE OF LOT 6 OF TRACT MAP 1437 M.B. 20/54-55, SAID POINT BEING DISTANT 280 FEET WEST, MEASURED ALONG THE NORTH LINE OF SAID LOT 6, OF THE WEST RIGHT OF WAY LINE OF VALLEY STREET, 70 FEET WIDE, AS SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 364 -1222 -RW 2 THENCE EASTERLY ALONG SAID NORTH LINE AND ITS EASTERLY PROLONGATION TO THE CENTERLINE OF VALLEY STREET AS SHOWN ON F.M. 20959-3, SAID MAP ALSO FILED AS RIGHT OF WAY January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 95 MAP 364 -1222 -RW 3 THENCE NORTHERLY ALONG THE CENTERLINE OF VALLEY STREET TO THE POINT OF BEGINNING BASIS OF BEARINGS. THE DIRECTION OF ALL LINES MENTIONED IN THE ABOVE DESCRIPTION ARE THE DIRECTIONS AS SHOWN ON THE REFERENCED MAP THE ABOVE DESCRIBED LAND IS SHOWN ON EXHIBIT `B" WHICH IS ATTACHED HERETO. THIS LEGAL DESCRIPTION WAS PREPARED FOR AND FROM INFORMATION PROVIDED BY THE PLANNING DEPARTMENT OF COMMUNITY DEVELOPMENT OF THE CITY OF SANTA CLARITA. SCRIVENER: C.G. VANDREY, CHECKED BY: L.J. JORDAN, DATE: OCTOBER 14, 2009 17.39.020 Placerita Canyon Special Standards District. A. Intent and Purpose. The purpose of the Placerita Canyon Special Standards District (PCSSD) is to protect, maintain, preserve and enhance the secluded, rural equestrian character of the community, to enhance the community's unique appeal and to help mitigate the cumulative impacts of residential development. Additionally, it is the purpose of these Special Standards to ensure that new and expanded structures are compatible with the characteristics of surrounding single- family residential neighborhoods, and protect the light, air, and privacy of existing single-family residences from negative impacts. These standards are also intended to ensure reasonable access to public riding and hiking trails, and to minimize the need for installation of infrastructure such as sewers, streetlights, concrete sidewalks and concrete flood control systems that would alter the community's character, while providing for adequate drainage and other community safety features. B. Property Development Standards. The following requirements shall apply in all zones in the area identified as Placerita Canyon on the official zoning map and as described in subsection (G) of this section: 1. Animals which are kept or maintained as pets shall be permitted to continue when in accordance with the following: a. Two (2) horses or other similar animals which, in the opinion of the Director, are neither obnoxious nor detrimental to the public welfare may be kept on a lot or parcel of land which has a min- imum area of five thousand (5,000) square feet, but less than fifteen thousand (15,000) square feet. b. The requirements of Chapter 17.62 (Animal Keeping) of this Code with respect to animal keeping are met, with the exception of the minimum lot area above. 2. Any new development shall adhere to the following standards or provide the following amenities: January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 96 ia. Trails. • • i. Riding and hiking trails shall be provided as depicted on the latest Placenta Canyon Backbone Trails exhibit on file with Parks, Recreation and Community Services, to the satisfaction of the Director of Parks, Recreation and Community Services; ii. Trails shall be fenced to the satisfaction of the Director of Parks, Recreation and Community Services, with fences of a rustic wood appearance; iii. Trail access shall be provided at all river crossings; iv. There shall be no obstructions including, but not limited to, landscaping, trash receptacles, or other similar structures within a designated trail; V. Fencing shall not be permitted to cross riverbeds in such a manner as to deny trail access; vi. All new residential projects of greater than four (4) dwelling units and all new commercial, industrial and institutional projects (including expansion thereof), shall provide trail easements, consistent with community goals and the Placenta Canyon backbone trails exhibit, to the satisfaction of the Director of Parks, Recreation and Community Services; vii. Unobstructed multipurpose pathways for both pedestrian and equestrian uses shall be developed in each new development to the satisfaction of both the Director of Public Works and the Director of Parks, Recreation, and Community Services. Although alignments that are not adjacent to roadways will generally be preferred, road easements may be used when the Department of Parks, Recreation and Community Services determines that other locations are inappropriate; and, viii. Trail construction shall be completed and maintained in accordance with the conditions set forth by the Department of Parks, Recreation, and Community Services. All information pertaining to trail requirements shall be shown on the tentative parcel or tract map and on the final parcel or tract map prior to the final map recordation. January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 97 b. A property maintenance or homeowner maintenance association • shall be established to maintain the private access route, private roads and drives, trail easements and other specific project amenities in all new residential projects of greater than four (4) dwelling units and all new commercial, industrial and institutional projects; C. Street lights, in accordance with City standards, shall be installed only at road -to -road intersections; exterior lighting shall be designed to minimize off-site illumination, within the requirements for public safety. Exterior lighting on residential parcels shall be of top -shielded design to prevent direct off-site illumination; hoods shall be used to direct light away from adjacent parcels. Exterior lighting on nonresidential parcels shall be prohibited except where necessary for the safety of pedestrian and vehicular traffic, as determined by the City. To minimize off-site illumination where lights are required, cut-off fixtures in keeping with a rural equestrian architectural style will be specified; d. River bottoms and sides shall not be improved with concrete. Fencing shall not be permitted to cross riverbeds in such a manner as to deny trail access; e. Bridges shall be limited to those required for public safety and • shall be designed to accommodate equestrian access; f. All new residential projects of greater than four (4) dwelling units and all new commercial, industrial and institutional projects (including expansion thereof) shall connect to public sewer systems. Utilities shall be undergrounded to the nearest off-site connection; and g. Existing and future drainage shall be accommodated to provide adequate carrying capacity and erosion protection and shall not create or extend detrimental hazards or consequences upstream. C. Residential Zones. Residential Areas. a. Street paving, curbs, gutters and sidewalks shall not be required of new development. Minimum City standards for all-weather access shall be provided. An engineering analysis shall be required to determine how all-weather access will be provided for emergency January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 98 • • • • vehicles. Surface material may consist of graded dirt, gravel, or . asphaltic concrete to achieve the required standards. b. On -street parking shall not be permitted in a designated trail. C. Street trees shall not be required. d. Fences. Non -view -obscuring fences, not to exceed five (5) feet in height, shall be permitted to be located within the twenty (20) foot front yard setback. Where a non -view -obscuring fence is constructed within the twenty (20) foot front yard setback, and is five (5) feet in height, the applicant shall be required to landscape the frontage of their property along the property line that abuts the adjacent right-of-way. View -obscuring walls or fences that are higher than three (3) feet six (6) inches shall not be permitted to be located within the twenty (20) foot front yard setback. 2. Melody Ranch. (Applicable only to the area bounded by Oak Orchard Road on the north, Oak Creek Avenue on the east, Placenta Creek on the south, and to a line approximately nine hundred ninety (990) feet from and parallel to Oak Creek Avenue on the west.) Melody Ranch is a permitted use in the NU5 zone, subject to the following: the primary land use shall include full service motion picture and television studios including facilities for production of feature films, television series, commercials, telethons, videos and all related facilities and audience participation. Incidental community activities and social events are permitted. Related office space and limited commercial retail sales, incidental to the primary use shall be permitted. D. Commercial/Industrial Zones. 1. Landscaping Requirements. a. Adequate buffering between residential and nonresidential areas shall be provided, in accordance with the provisions of this Code; b. Street trees shall be required; C. Landscaped berms or other landscape treatment shall be used to screen the view of parking areas from the street; and d. Landscape plans shall incorporate twenty-four (24) inch box trees. 2. Lot Orientation. Properties fronting on Lyons Avenue shall be oriented with their primary access on Lyons Avenue. Site orientation shall discourage use of Placenta Canyon Road as a primary access. January 2013 1 DRAFT Division 17.30— Zones (17.31-17.39) Page 99 3. Noise Limits. Any loud music (live or recorded) shall comply with the • noise limits as set forth in Section 11 A4.040 (Noise Limits) of the Santa Clarita Municipal Code. E. North Newhall Area. The following requirements shall apply to those properties in the Placerita Canyon Special Standards District that are within the North Newhall Area (NNA), as identified in the General Plan. The future uses and development within this area require careful advance planning and consideration of any potential projects shall be required to address each of the following subject areas: 1. Public Participation/Outreach. a. Be subject to public participation and outreach led by the applicant(s) or the applicant's representative, at the onset of and during conceptual planning and prior to formal submittal of a proposed project to the City. Outreach would include, but is not limited to the Placerita Canyon Property Owners Association. 2. Traffic Intrusion/Gateways. a. Be internally and externally pedestrian -oriented, and have equestrian and bicycle amenities and accommodations; b. Understand and acknowledge that any development at these locations will increase existing vehicular traffic and create new vehicular traffic, and that there will be impacts to equestrian and pedestrian circulation in the existing neighborhood, and therefore to minimize those impacts, special attention must be given to mitigate impacts caused by such identified access points; C. Layout and orientation of any developments shall be designed to discourage and where possible prevent additional trips into Ptacerita Canyon caused by or resulting from such developments; d. Include defined entry gateways or monuments into the Placerita Canyon Special Standards District, at Railroad Avenue, complete with landscaping and. architectural elements with signage expressly stating there is no through traffic allowed; and C. A traffic study shall be prepared for all new developments that are projected to generate 250 or more new daily trips, within the areas encompassed by the NNA. The traffic study shall analyze those potentially impacted intersections within the NNA area and those January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 100 • that lie within a one (1) mile radius of the subject development • site. 3. Buffering and Transitions. a. Preserve the existing rural equestrian community, generally known as Placerita Canyon, and provide adequate buffers and graduated transitional design to ensure existing neighborhood protection and compatibility of character resulting from any proposed development; b. Incorporate the current Santa Clarita Valley Trails Advisory Committee (SCVTAC) network of multi -use trails into adjacent neighborhoods which shall have rural and equestrian characteristics; and C. Require use of the MWD right-of-way as a landscaped buffer (subject to MWD approval) between the NNA within the PCSSD and the rest of Placerita Canyon, which landscaping shall consist of low water, low maintenance, landscape material. 4. Architecture. a. Consist of 360 -degree architectural design with pedestrian -scaled building massing and forms where adjacent to existing residences, with the use of landscaping to visually soften hard edges of buildings; b. Structures shall have varied building heights and designs shall create east/west sight lines. Building heights up to 35 feet may be permitted. Additional height, not to exceed 50 feet, may be permitted subject to the approval of a conditional use permit; C. Have transitional densities, as described above, decreasing in density and height in an easterly direction towards the MWD right- of-way away from Railroad Avenue, to include the MWD right-of- way as a landscaped buffer and detached single-family residences adjacent to the MWD right-of-way; and d. Building heights shall be subject to the same Unified Development Code requirements that apply to all of Placerita Canyon. 5. Flood Control. January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 101 a. Waterway bottoms and sides shall not be improved with concrete or hard impervious surfaces and shall be maintained in a natural appearance; b. Fencing shall not be permitted to cross riverbeds or waterways in a manner which denies or interferes with easy trail access; and C. On-site flood control mitigation would provide assistance or relief to other hydrology/drainage impacts within Placerita Canyon due to changes of topography on NNA properties. 6. Housing Types. a. It is not the City's intent to see affordable housing located on this site; and b. The desired housing type in the NNA will attract residents who will assist in the economic revitalization of Downtown Newhall. 7. Economic Development. a. Based on the area's proximity to the nearby Metrolink station and Old Town Newhall, development in the NNA would be supportive of revitalization efforts, with an appropriate mix of retail, office, restaurant, and general commercial square footage combined with neighboring and integrated housing types. 8. Recreation. a. Include a site-specific and a community-based recreational component. F. Applicability. The preceding standards shall apply as appropriate to any land division, land development, building permit for either a new structure or a specified addition to an existing structure, or grading permit. Modifications to any standards in this subsection are only available pursuant to the terms and conditions of a conditional use permit, as provided for in Section 17.25.100 (Conditional Use Permit) of the Code. G. Description of District Boundaries. Beginning at a point in the boundary of Tract No. 1078, recorded in Book 18, Page 169, of Maps, said point being the northwest corner of said Tract No. 1078; thence northeasterly, and easterly along the northwesterly, and northerly boundary of Tract No. 1078 to a point in the northerly boundary of Tract No. 1079, recorded in Book 18, Page 155, of Maps; thence easterly along the northerly boundary of said Tract No. 1079 to a point, said point being the northeasterly corner of said Tract No. 1079; thence northerly • January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 102 along the northerly prolongation of the easterly boundary of said Tract No. 1079 . to a point in the northerly right-of-way boundary of the Los Angeles aqueduct; thence southeasterly and southerly along the northerly, and easterly boundary of said right-of-way to a point in the northerly boundary of Tract No. 10699, recorded in Book 165, Pages 36-37 of Maps; thence easterly along the northerly boundary of said Tract No. 10699 and, thence continuing along the easterly prolongation of the northerly boundary of said Tract No. 10699 to a point in the westerly right-of-way boundary of Sierra Highway; thence southwesterly along the said westerly right-of-way to the intersection of a line parallel with and 215 feet northerly measured at right angles from the southwesterly boundary of Tract No. 1274 recorded in Book 18 Pages 110-111 of Maps; thence northwesterly along said parallel line to a point in southerly boundary of said Tract No. 1274; thence northwesterly and westerly, along the southerly boundary of said Tract No. 1274 to a point, said point being the northeast corner of the parcel of land as described in Document No. 5906 recorded December 10, 1964, as shown on Record of Survey 95-78 thence southwesterly, westerly, and northwesterly along the southeasterly, southerly, and southwesterly boundary of said Record of Survey, to a point, said point being the westerly corner of said Record of Survey, thence southwesterly along the southeasterly boundary of Lot 194 of said Tract No. 1078 to the southwest corner of said tract; thence northwesterly along the southwesterly boundary of said tract to the point of beginning. Except: that portion that lies within the boundaries of Tract No. 44452 recorded in • Book 1137 Pages 59-68, Tract No. 34143 recorded in Book 969 Pages 7-14, and Tract No. 34144 recorded in Book 969 Pages 15-20, all of Maps. 17.39.030 Sand Canyon Special Standards District. A. Purpose. The purpose of the special standards district is to maintain, preserve and enhance the rural and equestrian character of Sand Canyon. B. Property Development Standards. The following requirements shall apply in all zones in the area identified as Sand Canyon and described in subsection (C) of this section: 1. Animals which are kept or maintained as pets shall be permitted to continue when in accordance with the following: a. Two (2) horses or other similar animals which, in the opinion of the Director, are neither obnoxious nor detrimental to the public welfare may be kept on a lot or parcel of land which has a minimum area of five thousand (5,000) square feet, but less than fifteen thousand (15,000) square feet; and January 2013 1 DRAFT Division 17.30 — Zones (17.31-17.39) Page 103 b. The requirements of Chapter 17.62 (Animal Keeping) this Code with respect to animal keeping are met, with the exception of the minimum lot area above. 2. Any new development shall adhere to the following standards or provide the following amenities: a. Trails. Riding and hiking trails shall be provided as depicted on the latest Sand Canyon Backbone Trails exhibit on file with Parks, Recreation and Community Services to the satisfaction of the Director of Parks, Recreation and Community Services; ii. Trails shall be fenced to the satisfaction of the Director of Parks, Recreation and Community Services, with fences of a rustic wood appearance; iii. Trail access shall be provided at all river crossings; iv. There shall be no obstruction including, but not limited to, on -street parking, landscaping, trash receptacles, or other similar structures within a designated trail; • V. Fencing shall not be permitted to cross riverbeds, in such a manner as to deny trail access; vi. Private access routes to the Backbone Trails are encouraged to be incorporated into new subdivisions to the satisfaction of the Director of Parks, Recreation and Community Services and the concurrence of the property owner; b. River bottoms and sides shall not be improved with concrete; C. Bridges shall be limited to those required for public safety and shall be designed to accommodate equestrian access; d. Street lights, in accordance with City standards, shall be installed only at road -to -road intersections; e. Sewer. All new residential projects of greater than four (4) dwelling units and density greater than 0.5 units per acre shall connect to public sewer systems. Utilities shall be undergrounded to the nearest off-site connection; January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 104 i� f. Street paving, curbs, gutters and sidewalks shall not be required of • new development. Minimum City standards for all weather access shall be provided. An engineering analysis shall be required to determine how all weather access will be provided for emergency vehicles. Surface material may consist of graded dirt, gravel or asphaltic concrete to achieve the required standards; g. Drainage. Existing and future drainage shall be accommodated to provide adequate carrying capacity and erosion protection; h. Street trees shall not be required; however, the planting of oaks and other mature trees shall be encouraged; Gating of proposed or existing residential areas shall be subject to the approval of a conditional use permit; j. Clustering of residential projects shall be discouraged except where deemed necessary to preserve and protect environmentally sensitive areas. Where clustering is approved, the minimum lot size shall not deviate more than ten (10) percent from the required minimum lot size; k. Screening of Dumpsters. New residential development shall • provide for the screening and placement of dumpsters located within the front yard; Maintenance. A property maintenance or homeowner maintenance association shall be established to maintain the trails, private roads and drives and other specific project amenities; M- Fences. Non -view -obscuring fences, not to exceed five (5) feet in height, shall be permitted to be located within the twenty (20) foot front yard setback. Where a non -view -obscuring fence is constructed within the twenty (20) foot front yard setback, and is five (5) feet in height, the applicant shall be required to landscape the frontage of their property along the property line that abuts the adjacent right-of-way. View -obscuring walls or fences that are higher than three (3) feet six (6) inches shall not be permitted to be located within the twenty (20) foot front yard setback; n. Structures Within or Adjacent to Right -of -Way. i. In instances where properties along Sand Canyon Road have offered for dedication land that is in excess of current right-of-way dedication requirements, structures shall be • permitted to be constructed in such land subject to the January 2013 1 DRAFT Division 17.30—Zones (17.31-17.39) Page 105 current development requirements of the zone in which if is located with the approval of an adjustment; • ii. In instances where properties have frontage on Sand Canyon Road where there exists a minimum of twenty (20) feet between the edge of the right-of-way that is currently required and the ultimate street pavement of Sand Canyon Road, accessory structures may encroach into the street yard setback with the approval of an adjustment. C. Description of District Boundaries. That portion of the City of Santa Clarita lying southerly of the Santa Clara River and within Sections 13, 14, 22, 23, 24, 25, 26, 27, 34, 35 and 36, in Township 4 North, Range 15 West, in the San Bernardino Base and Meridian; also within Sections 1 and 2, Township 3 North, Range 15 West, in the San Bernardino Base and Meridian. • January 2013 1 DRAFT Division 17.30 —Zones (17.31-17.39) Page 106 Division 17.40 Use Classifications and Required Parking Chapter 17.41 General Chapter 17.42 Residential Use Types Chapter 17.43 Commercial Use Types Chapter 17.44 Industrial Use Types Chapter 17.45 Public and Semi -Public Use Types Chapter 17.46 Agricultural Use Types Chapter 17.47 Temporary Use Types Chapter 17.48 Accessory Structures and Uses Use Types Chapter 17.49 Development Activities/Miscellaneous Use Types • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page I • 11 January 2013 1 DRAFT • Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 2 Division 17.40 Use Classifications and Required 0 Parking Chapter 17.41 General A. This is not a complete list of uses for the City. The Director, or its designee, may determine that a use not listed in this division is similar to a listed use and process the proposal as the similar use would be processed in accordance with Chapter 17.04 (Interpretations). B. The following uses shall be designated as follows: 1. Prohibited where the symbol "X" appears; 2. Permitted where the symbol "P" appears; 3. Permitted subject to a Conditional Use Permit (CUP) where the symbol "C" appears; 4. Permitted subject to a Minor Use Permit (MUP) where the symbol "M" appears; 5. Permitted subject to a Temporary Use Permit (TUP) where the symbol "T" appears; 6. Permitted subject to a Hillside Development Review (HR) were the symbol "H" appears; 7. Permitted subject to an Adult Business Use Permit where an "A" appears; 8. Permitted subject to an Administrative Permit where an "AP" appears; and 9. Permitted subject to a Ridgeline Alteration Permit where the symbol "R" appears. C. Uses identified as a permitted use "P" may be subject to other entitlements identified in this Code. D. Multiple entitlements may apply to each project based on the proposal for development. E. 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 General Plan and this Code shall be met. January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 3 Chapter 17.42 Residential Use Types I 1. Caretaker's Residence Includes permanent or temporary housing that is secondary or accessory to theprimary r2fit�llyenlosedf nonresidential use on the same property. Caretaker's housing shall be used exclusively spaces, spaces may,,bet'I for occupancy by a caretaker for security or monitoring of the primary use. Caretakers itandeul Q residences shall comply with the parking standards for single-family residential uses.+ NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P 2. Community Care Facility Il rkin °. y Includes any residential facility which is planned, designed and managed to include0�5 spaces'(pec umtb a facilities and common areas that maximize the residents' potential for independentIplus�guestiparkmg a6,l�' living. The facility may be occupied by elderly or disabled persons or households asspacepet each8 u in ts: defined in the Health and Safe Code. Direct services that may be provided include Safety Y P those relating to nutritional, social, recreational, housekeeping and personal needs of �8 N the residents. NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X C C C C C C X X 3. Dwelling 14P1AOOng Ix: Includes a building or portion of a building with a single room or group of internally connected rooms that is designed exclusively for the long-term habitation of a family and contains facilities for sleeping, eating, sanitation and a kitchen. a. Single -Family - a detached building designed exclusively for occupancy by a single 2 fully enclosedispac6s` ; family. A ; i �"5 k NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 TUFFUR5 CR CC CN BP t P P P P P P P P I P I P X X X X X b. Two -Family - includes a duplex, or other building designed for occupancy by twoW11 2fully ene5osed'sp`aces (2) families living independently of each other, which may be owned individually or per R unit$ by a single landlord. H * k NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X I X P P P X X X X X c. Multifamily - includes a building designed and intended for occupancy by three (3) nclos a(1); • 0 • January 2013 1 DRAFT Division 17.40—Use Classifications and Required Parking (17.41-17.49) Page 5 (4)GuesY°kaiking - `I µ parkuig spat a per each ttwo units (for x fi .; completes with more �F than 3 units (3) F0 enior/age s. =restricted _� € developD ments, one parking space per each two units ;,plus E ,,requiredgoes ty Arkin NUI NU2 NU3 NU4 NU5 URl I UM I UR3 I UR41 UR51 CRI CC I CN I BP I I X X X X X X I X I P P P I M I C I C I X I X 4. Family Day Care Homes ;Parkmg Includes a private single-family dwelling where nonmedical care and protection are 2 -..fully enclosed spa est provided to individuals for periods less than twenty-four (24) hours. a. Adult - up to six (6) adults. b. Family - up to fourteen (14) children. Family day care homes shall be licensed by the State and consistent with Section 1597.30 of the Health and Safety Code. NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 URS CR CC CN BP I. P I P P P P P P P P P P P X X X 5. Fraternity and Sorority Houses IParloO Includes buildings containing sleeping rooms, bathrooms, common rooms and acentral 0 75�spaces pei bed kitchen and dining room maintained exclusively for fratemity/sorority members and ' , ° 7 their uests or visitors and affiliated with an institution of higher leamin ` , ` NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 7UR5 I CR CC CN I BP I X X X X X X X C C I C I X X X X X 6. Home -Based Cottage Food OperationFParkrng Includes an enterprise, which produces and sells cottage food products in the home No additional€parking kitchen of a primary residential dwelling unit. A cottage food operation shall be "required��;� considered an accessory use and shall not operate as a food facility or wholesale food �7t manufacturer. Home-based cottage food operations shall be in accordance with 4 "' Section 17.66.025 (Cottage Food Operations). NU1 NU2 NU3 NU4 NU5 URl I UR2 UR3 UR4 UR5 CR CC CN BP I AP I AP AP AP AP AP AP AP AP AP AP AP AP X X 7. Home Occupation Businesses Parkmg Includes office businesses which are incidental and accessory to a residential use and No additional parking" do not include the storage of materials of any kind or product manufacturing of any required 5 kind. Home occupation business shall be in accordance with Chapter 17.65 (Home a F . r . Occupations). 4 • January 2013 1 DRAFT Division 17.40—Use Classifications and Required Parking (17.41-17.49) Page 5 NU1 NU2 I NU3 NU4 NU5 URI `UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P I P P P P P P X X X 8. Joint Living and Working Quarters (Live/work Units) Padang Includes a dwelling occupying a building designed for commercial or industrial x2tfullyeiclosed' p ea esus occupancy and includes adequate working space reserved for, and regularly used by r s� for residential use�and=" one or more persons residing therein. Joint living and working quarters shall be in one parkmg space+for���% accordance with Section 17.66.080 (Joint Living and Working Quarters). 2�S�O��gaze feet`s ryv ofrcoihmermalus ace NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X C C C M C C C C 9. Model Homes 'arking ' , ���tr�S Includes dwellings initially constructed for the purposes of displaying the differentpa 4--ps housing es per model models offered for sale within a residential development. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I M I M M M M M M M M M M M M X X a 10. Mobilehome ParkParkrii ' Includes sites containing spaces with the required improvements and utilities that are p2„spaces der umtN1, °* 4 x`m” n i."`"� leased for the long-term placement of mobile or manufactured homes and may include li spaces.may be tandem services and facilities for residents. plus�Itspape pa2�. ;units<for guest parking NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C C C C C C X C I X I X X 11. Residential Health Care FacilityParizing r rc Includes residential facilities usually occupied by the elderly that provide rooms, �0 meals, health SS�spaces�for each � �^ �'; personal care and monitoring services under the supervision of a unit and oribed professional nurse or other professional health care provider and that may provide r other services, such as recreation, social and cultural activities, financial services and a transportation. Ty ical uses include convalescent homes.�`�3 NU1 NU2 NU3 I NU4 I NU51 URI UR2 UR3 UR4 UR51 CR CC CN BP I X X X X X X X M M M C C C C X 12. Residential Service/Care Home 1'arlungr�i a Includes a private single-family residence where twenty-four (24) hour care, 2"fully enclosed spaces?; nonmedical services, supervision, treatment or assistance essential for sustaining the activities of daily living to six (6) or fewer persons is provided. Residentialf; yeT-j> service/care home shall be consistent with Section 1500 et seq. of the Health and i 1fi' Pr Safety Code and any other ap licable State law. NU1 NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BP I P P P P P P P P P P X X X X X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 6 C� • I� E 13. Rooming House Means a dwelling unit (other than a hotel or motel) where three (3) or more rooms are fiilly nclosed stalls. rented individually or separately to tenants under separate rental agreements where plus one parking sta_Il ' tenants do not share common financial responsibility for use of the dwelling unit as a for e clresident. I8 whole. Rent may be paid in money, goods, labor, or otherwise. Rental agreements may years=or=older be written or oral. Housing protected by Federal or State law, including housing for persons protected under the Fair Housing Act (42 U.S.C. Section 3604(F)) and the California Fair Housing Act (California Government Code Section 12920 et seq.), or �a housing otherwise subject to treatment as a single-family dwelling unit by the ns of State law shall not constitute a rooming house.t lvisi5o NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X P* P* P* X X X X X *Rooming houses are not permitted in neighborhoods that are comprised predominantly of single-family detached residential units. 14. Second Unit,Parkiiig, r. Includes a detached or attached dwelling unit that provides complete independent Pl spaceiper e ery 2 living facilities for one or more persons. It shall include permanent provisions for A3 t-� bedrooms or portion living, eating, cooking (kitchen) and sanitation on the same parcel upon which a ythereof "W'dildiuon t_o; ' primary dwelling is located. An attached second unit is not considered to be a two- required parking for family structure. Second units shall be in accordance with Chapter 17.57 (Property tfiex'0pnm�ry„dwelling Development Standards — Residential), unifl<Space maybe NUI I NU2 I NU3 NU4 NUS I UR1 UR2 UR3 UR4 UR5 CR CC CN BP I AP AP AP AP AP AP AP AP AP AP X X X X X 15. Supportive Commercial Uses Serving the Local Area ,h Supportive commercial uses serving the local area, such as grocery stores, restaurants, .Parking as tietermmed' personal services, and retail sale of specialty goods, may be permitted in a proposed by theDueotor development project, new establishment, or conversion of a residence, provided that the size, location, design, and use types are determined to be compatible with the surrounding area. Such supportive commercial uses in the NU4 and NU5 zones shall # be in located in activity areas, must be at least one (1) mile from any commercial land �< use designation, and must not exceed five (5) acres in size. A change in use in an %`TMS r4 established activity area shall be subject to the required entitlement for such use in the CN zone. However, a permitted use in the CN zone shall require a MUP. NUl NU2 NU3 NU4 NUS URl I UR2 I UR3 I UR4 I URS I CR I CC I 3X ;(BPSvi M M M M M M M M M M I X I XX BI: IMN 16. Supportive Housing "Parkins.''` Includes housing with no limits on length of stay that is linked to on-site or off-site t space foi eachrstatf. services that assist a resident in retaining housing, improving his/her health conditions ; "'member;plus 1 space and maximizing his or her ability to live and, when possible, work in the community. for each resideni using) ” a motorwehicle. NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC7CNI BPI I... P P I P I P I P I P I P I P I FT P C I C I X I X I X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 7 17. Transitional Housing Includes buildings configured as a rental housing development but operated under program requirements. Upon termination of assistance, the unit shall be recirculated as an assisted unit to another eligible program recipient at some predetermined point in time where length of stays shall be no less than six (6) months and no more than two NUl NU2 NU3 NU4 NU5 URI U112 UR3 U114 U115 CR CC CN BP I I P P P P P P P P P P C C X X I X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 8 • • • • Chapter 17.43 Commercial Use Types 1. Adult Businesses parr) pg Includes any business which, because minors are excluded by virtue of their age as a Ea h specificuse type prevailing business practice, is not customarily open to the general public, including, shall be<calculated per but not limited to an adult arcade, adult bookstore, adult theater, cabaret, love parlor, sparking requirements model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual 1contained in this Code novelty store or any other similar use wherein the preponderant business is the offering ; of services, materials and/or products which have as their dominant theme the sexual arousal, sexual gratification and/or sexual stimulation of a customer. Adult businesses shall be in accordance with Chapter 17.61 (Adult Business Regulations). This definition does not apply, nor shall be interpreted to apply, to any business conducted, operated by, or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers, licensed massage therapists, or licensed marriage and family counselors when performing functions under or pursuant to the respective license held. NUI NU21 NU3 I NU4 I NU5 URI UR2 UR UR4 URS CR CC CN BP h X 1616" X1 X X X X I X X X A X A X 2. Aircraft Services gogInfAM Includes an area of land for public, or private, aircraft trips as described below. Paemgas deerternd;m fhe b'yD a. Airport - An area of land used for commercial and general aviation aircraft take offs and landings of fixed wing aircraft, including any appurtenant areas for airport buildings, airfield landing strips, aircraft operation, and related facilities, including aprons and taxiways, control towers, passenger terminals, hangers, safety lights, and structures. These may also include facilities for aircraft manufacturing, maintenance, repair, and reconditioning. Public airports may include aircraft sales and other supportive retail and food services for the air -traveling public and airport employees. All airports must comply with the regulations of the Federal Aviation Administration and California Department of Transportation, Division of Aeronautics. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X C C C C X X X X X C C X C C b. Heliport - An area for the landing and takeoff of rotary wing aircraft, for embarking and disembarking passengers and other purposes, with safety and navigation markings and facilities as required by the Federal Aviation Administration and California Department of Transportation, Division of Aeronautics. This use may also include accessory helicopter hanger and maintenance facilities. Heliports may be located on the ground or on the top of a building. This use shall be for commercial/industrial uses and shall not preclude accessory public and semi-public heli ads in accordance with Section 17.37.020 Public/Institutional Zone of this code. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 I CR I CC I CN BP I C C C C C X X X X X I C I C T X I C I C� e} 3. Animal Sales and Services hTarkrngOlw, Includes facilities primarily engaged in animal -related sales and services. The following are animal sale and service use types: FacdAnimal Crematory - includes a facility where deceased animals are burned and 1 space pe 250 quare: reuced to ashes.feet.of January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 9 NU1 NU2 NU3 NU4 I NUS I URI UR2 UR3 UR4 URS CR CC CN BP I X X X X I X I X I X I X I X I X I X I CX C M b. Animal Menagerie - a place where wild animals are kept or maintained for any Parlung as deternaiiied commercial purpose, including places where wild animals are boarded, trained, or kept by the Director for hire. This use does not include a Veterinary Clinic or a Veterinary Hospital. Animal Menageries shall have a minimum lot size of two 2 acres. NUI NU2 NU3 NU4 FKF5 URl UM I UR3 UR4 I UR51CRICCICNI BPI I C C C C I C X X X X I X I X I X I X IX IX c. Animal Shelter - includes establishments primarily engaged in providing shelter Vspace p"ei 250 feet of and adoption services for small animals and may include short- or long-term boarding ear(eexcludmg area - All boarding shall be in accordance with the provisions of Section 17.66.090devotedeto housing of a (Kennels). imals) NU1 I NU2 NU3 I NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C I C C I C C X X X X X X C X M M d. Day Care -includes the keeping of animals for a brief period of time that does not lsl space�per each535 x include overnight. antmals,flplus requtredc �parinng® for additional °sess°le NUI I NU2 NU31 NU4 I NUS I URI I UR2 UR3 I UR4 I URS CR CC CN BP I C I C C I C I C I X I X X I X I X M M M M M e. Grooming and Pet Stores -includes the grooming and/or selling of dogs, cats, and 1 "space pei250 quareo, similar small animals with limited indoor boarding of animals during the day. feet x � NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P M M M f. Kennels -includes indoor or outdoor overnight and/or long-term boarding, X11 space;per each'10 breeding, raising, or training of dogs, cats, and similar small animals over the age of ammals; plus required a four (4) months for a fee or for sale. Kennels shall be in accordance with the parkifi g, for additiotiat� provisions of Section 17.66.090 (Kennels). iviY�4 aNr1 'uses<,onste s NUI NU2 NU NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I M I M M M C X X X X X X M X X M g. Riding Academies -includes establishments where horses are boarded and cared1 space spen3°ammalsQ for and where instruction in riding, jumping, and showing is offered and where horses • u X., may be hired for ri ding.1, Ili 3s NUI I NU21 NU3 I NU4 NUS URI I UR2 UR3 UR4 UR5 CR CC CN BP I M I M I M I M C I C I C X X I X X X X C C h. Stables, Commercial - includes stables for horses, mules, or ponies which are}l;space#pet Sanimals""g rented, used or boarded on a commercial basis for a fee.fss �* NU1 NU2 NU3 I NU4 NUS I URI UR2 UR3 UR4 UR5 CR CC I CN BP I M M I M I M C I C C X X I X X X X C C i. Veterinary Clinic - includes a fully enclosed veterinary facility providing routine al space per 250�squacez' examinations and treatment of small animals (less than two hundred fifty (250) feet of area (excluding;', pounds), including vaccinations, and may include short-term boarding (not overnight) �m uR ";area=devoted toy°YnH�-`- and groomingservices for patients. Boardingshall be in accordance with the �housin ;of ahiffid s)' :'' January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 10 is • 40 • • provisions of Section 17.66.090 (Kennels).; ' _ NUI I NU2 I NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C X X X X X X P M X P j. Veterinary Hospital - includes a veterinary facility where animals are given medical or surgical treatment and may include long-term boarding (one or more night stay) and grooming services for patients. Boarding shall be in accordance with the provisions of Section 17.66.090 (Kennels). (1) Small Animals - a veterinary hospital for animals weighing less than two hundred lspace perQfifty(250)pounds feet.of area bates devoteousing NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C X X X X X X M M X P (2) Large Animals - a veterinary hospital providing medical care for animals ls`pace per 250 feet of exceeding two hundred fifty (250) pounds. urea (excluding area ,� devoted�tohousmg of` q sr 14 h. �antmals ; NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C X X X X X X M X X P tt ,. 4. Auction Facilities ,Parking fi Includes facilities where objects of art, furniture, equipment, vehicles, and other goods are offered for sale to people who bid on the object in competition with each other. a. Auction House -indoor auction facilities. �., "sp�ace,perteach3 occupants NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X M M M M M b. Auction Yard - outdoor auction facilities.As�determmed by, thee Director NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X I X I X I X X X C C 5. Banks and Financial Services Par'limg Includes financial institutions including: banks, credit agencies, credit unions, fl'pace"per=250 square investment companies, savings and loans, and similar financial services. feet$ts a NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P P 6. Business Support ServicesP,arla g� Includes establishments primarily engaged in rendering services to business 1 space per,25�0 square�� establishments on a fee or contract basis. Services include, but are not limited to: • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 11 a. Advertising;' b. Blueprinting; J c. Computer related services; d. Office equipment maintenance and repair; e. Office equipment sale and rental; f. Mailing/shipping; xf g. Photocopying. f, NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X I X X I XF P P P P P 7. Day Care Centers spar B i Includes facilities of any capacity other than family day care homes or residential l space per employee service/care homes in which less than twenty-four (24) hour per day nonmedical care plus I��sp�ace�,pereach and supervision is provided for children or adults in a group setting. Includes liusmess=vehicle lus preschools and adult day care. x �p, .1 ,' 1 space`,per each,5 children/adults or 1 '�' ��space per each,,l0 ;chtldren/adultsitf �'�� a"G*xxnxT:*e, dequate, drdr offlpickup area is,a NUI NU2 NU NU4 NU5 URl I UR2 UR31 UR4 I URS I CR CC I CN I BP I I C C C C C C C C I C I C I M M I M I M I M 8. Eating and Drinking Establishments 111Mrkin Includes retail establishments primarily engaged in the retail sale of prepared food and/or beverages, but excludes those uses classified under "nightclubs." The following are eating and drinking establishment use types: a. Banquet Facilities - includes facilities intended for small or large group functions �1 space peieach 100 in which food, prepared either on- or off-site, is consumed. Includes meeting halls and square,feet;¢plus 1 ' reception p tion halls. s ace "ec e'ach100 �" square feet of outdoor of wr i* (1) Without Alcohol NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X P P P P X (2) With alcohol - such establishments shall be in accordance with the provisions of Section 17.66.020 (Alcohol Sales). NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP l X X X X X X X X X X C C C C I X b. Bars and Alcohol Drinking Establishments - Includes establishments used 1 space per each 100 primarily for sale or dispensing of alcoholic beverages for on-site consumption and square feet, plus 1 that are not part of a restaurant. Such establishments may include food service which is space per each 100 accessory and subordinate to the primary use. Such establishments shall be in square feet of outdoor January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 12 • • • • • accordance with the rovisions of Section 17.66.020 Alcohol ales). seatingarea NUl NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X I X X X X I X I X X C C C C X e. Catering Establishments - includes establishments primarily engaged in thegf space•pei4230 square preparation of food for off-site consumption. No retail sale or food consumption feet occurs on-site. NU1 NU2 NU3 NU4 NU5 UR1 I UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X I X X I X I X P P M P X d. Restaurants - includes establishments primarily engaged in the preparation and retail sale of food and/or beverages for immediate or semi -immediate consumption either on- or off-site. Restaurants are further classified as: (1) Drive -Through (no seating) - includes establishments primarily engaged in the hspat space e"mployee retail sale of pre -prepared or rapidly prepared food and/or beverages at a drive-through window for consumption off-site. No seating or on-site consumption is provided. Includes, but is a not limited to, coffee kiosks. A NUI NU2 NU3 NU4 NU5 UR1 UR2 1JR3 TR4j UR5 CR CC CN BP I. X X X X X X X X X I X M M C M X (2) Fast Food with Drive -Through - includes establishments primarily engaged in square the retail sale of pre -prepared or rapidly prepared food and/or beverages at a walk-up f� Antk counter or drive-through window for either on-site or off-site consumption and maye x§ include seating. NUI NU21 NU3 I NU4 I NU5 URI UR2 I UR3 I UR4 I UR5 I CR I CC CN BP I X X I X I X I X X X I X I X I X-1 M 11M1 C I M I M (3) Limited Service - includes establishments primarily engaged in the retail sale of "For uses tup to L00 pre -prepared or rapidly prepared food and/or beverages at a walk-up counter for eithersquare'feet 1 space per on-site or off-site consumption and may include seating. Includes, but is not limited to ea h,100 square feet, beverage shops (coffee, health drinks), delicatessens, donut shops, ice cream parlors upo#a maximum of 10' `aces and pizza parlors. Alcoholic beverage service and/or bars may be provided as an P P S Y P s lus 1 s ace P, p, P accessory or subordinate use in accordance with the provisions of Section 17.66.020 P'Nuach 100 square (Alcohol Sales). feet=ofoutdoor seating areas; Focuses greater ^�Yk� than 1,500 square feet: ce Fsp` pie each 100 square fee`t;aplus t u: space pera h 100 square feet of outdoor seatin NU1 NU2 NU3 NU4 NU5 URI 1JR2 UR3 1JR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P X With alcohol NUI I NU21 NU3 I NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X I X X X X X I X X AP AP AP AP X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 13 (4) Full Service - includes establishments primarily engaged in the preparation and For uses up to„1,500; retail sale of food and beverages, where food is ordered and served at a table. as.,a. s squarere�feef,�l spac e Iper,„ Alcoholic beverage service and/or bars may be provided as an accessory or each 100 square feet;' `s subordinate use in accordance with the provisions of Section 17.66.020 (Alcohol up t6,'a mazlmum of 10? Sales). spac-"s:”' Ius 1 space: „per eaclil00squa e�;`„ s„ feet of outdoor' seating areas, Focuses greater than 1 SOO"square feet: I space`per each] 00;,, square feet plus 11, space pef each100 `€ t square feet'or outdoor seatm aareas `»` NUI NU2 NU3 NU4 NU5 URI UM UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P X - With alcohol NU1 NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X I X I X I X X X I X I X I API AP AP I AP I X (5) Take Out/Delivery - includes establishments primarily engaged in the retail sale 1 space`per elch 250; t _= of food and/or beverages where all or a significant portion of the consumption takes square' feet, plush { place off-site, no on-site seating is provided. space 1,per eachvehicle used for busmess> uoses.,'r = Fs A- NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P I P P P X e. Alcohol Production/Storage - includes wineries, wine bars, beer gardens, and other similar establishments where wine, beer, or other spirits are prepared, bottled, stored, and sold for on-, or off-site, consumption. Sales can be either wholesale, or retail in nature subject to the Specific Development Requirements in Section 17.66.020 Alcohol Sales of this Code. (1) No On-site Consumption - includes establishments primarily engaged in the 1 space:pei employ`ee; <- preparation, bottling, and retail sale or wholesale of wine, beer, or other spirits. No plus I space per , tasting rooms or other on-site consumption areas are provided on-site for public, vehicle used for ' private, or club members to taste products for sale. distribution NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X I X I X I X X I X I X P P (2) On-site Consumption - includes establishments primarily engaged in the 1 space per employee,. preparation, bottling, and retail sale or wholesale of wine, beer, or other spirits. plus 1 'space per each.`° Tasting rooms or seating areas may be provided on-site for public, private, or club 100 square feet of ' members to taste products for sale. indoor or outdoor .- customer service area NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X M M C M M 9. Funeral Homes Parking, January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 14 • • • Includes facilities primarily engaged in the short-term storage, embalming and/or 1'''space per each 3 commemoration of human remains. £xedseats, plus 1 "'s eeach 3 occupants in assembly >'areas with non -fixed :=seating NUI, NU2 NU3 NU4 NU5 URl UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X X X X X X X X X P X P X 10. Gambling Uses xP.arkin Includes any gambling use regulated by the laws of the State of California and Asa"determmeed by the ' regulated by the California Gambling Control Commission, as identified in Chapterrya Director .. 11.20 of the Municipal Code. Uses expressly permitted and for which State law provides regulation and oversight may be permitted in the commercial and industrial zones, upon the approval of a minor use permit. ua: NUI I NU21 NU3 I NU4 NU5 URl UR2 UR3 UR4 UR5 CR CC CNry+ BP I X I X I X I X I X I X I X X X X X X X X X 11. Hookah Bar/Cigar Club $arking Includes establishments that are primarily engaged in the on-site recreational use of l 9pace,per 250 square tobacco products. feet, _ N NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C C X X X 12. Lodging1?arkin Includes establishments primarily engaged in the provision of commercial lodging on a less than monthly basis to the general public. Typical lodging uses include: lspa" a per e'ac'h guest oom or suite plus �k . required>parking for add ttonal uses on site �a :. „ a. Bed and Breakfasts - a residential dwelling unit providing overnight accommodations and a morning meat to guests for compensation. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 C C C C C X X X X I X C C I C I C X b. Hotels - includes facilities offering transient lodging to the general public with the majority of all rooms typically accessed through a main lobby and providing additional services intended for the convenience of guests, such as restaurants, meeting rooms, limited retail sales, entertainment and recreational facilities. c. Motels - includes establishments providing sleeping accommodations with the majority of all rooms having direct access to the outside without the necessity of passing through the main lobby. Incidental services typically include limited self -serve breakfast bars and similar services. NUI NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BPI I X X X X X X X X X X M M X M X 13. Medical Services parking -? " • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 15 Includes establishments primarily engaged in the provision of personal physical health 1 space per 200 square services on an outpatient basis ranging from prevention, diagnosis, treatment or feet rehabilitation services provided by physicians, dentists, nurses and other health personnel, as well as the provision of medical testing. Typical uses include, but are not limited to, medical offices, urgent care facilities, substance abuse treatment clinics weight management, physical therapy, chiropractic, optometry and acupuncture. b Y� �6�*%i'1 k � t �•r NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP X X X X X I X I X X I X I X P P P P M 14. Medical Marijuana Dispensary Pa"rking N Shall mean any site, facility, location, use, cooperative or business, including vending N/A< , machines, which distributes, sells, exchanges, processes, delivers, gives away, or t cultivates marijuana for medical purposes to qualified patients, health care providers' patients' primary caregivers, or physicians. "Marijuana" shall also mean cannabis and all parts of that plant. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X X 15. NightclubsPai�- Includes establishments or places of entertainment within a building, open primarily at night, usually but not necessarily serving alcohol, and providing a stage or floor show or amplified live or recorded music and space for spectators either standing or sitting and/or dancing. Excludes uses classified elsewhere in this chapter. Alcohol sales shall be in accordance with Section 17.66.020 (Alcohol Sales). Typical uses include dance clubs, comedy clubs, karaoke clubs, and cabarets. a. With Alcohol 1 space per each 3 I occupants _- NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X M M C C C b. Without Alcohol .1 space per each€3 ;occupants<< s�� A NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN I BP I X X X X X X X X X X M M C C C 16. Personal Services Includes establishments primarily engaged in providing services involving the care or 1 space pei 250 square appearance of a person or his/her personal goods and apparel, and similar nonbusiness feet ai<" a` o>. related or nonprofessional services, but excludes services classified elsewhere in thisv chapter. Typical uses include, but are not limited to, barbershops, beauty parlors, day spas, dry cleaning drop-off/pick-up, laundries (self-service), manicurists/pedicurists, massage therapists, photography studios, tailors, tanning salons and independent automated teller machines (ATMs). Massage therapy shall be consistent with Chapter 5.08 of the Munici al Code. NUI NU21 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X I X X X X X X X X P P P P X January 2013 1 DRAFT • Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 16 0 • 17. Professional Offices PaYlang " Includes professional offices including, but not limited to, administrative offices, I spaceapei 2§0 square advertising agencies, attorneys, counseling services, computer software designers, Meet' - engineering services, insurance agencies, real estate agencies, and travel agencies. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P M a. Call Centers - a functional area within an organization or an outsourced, separate �lspace per200 square facility that exists solely to answer inbound or place outbound telephone calls; usually feef a voice operations center that provides a full range of high-volume, inbound or�� , outbound call -handling services, including customer support, operator services, M directory assistance, multilingual customer support, credit card services, inbound and outbound telemarketing, interactive voice response and web -based services.._ NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X I X Ii6X X X M M C I M I C 18. Recreation, Commercial MIarkingAti ,w Includes establishments primarily engaged in the provision of entertainment or recreation for participants or spectators. The following are commercial recreation use types: a. Amusement Center - includes establishments open to the public in which video IRspace per 200 square , games, computer terminals, or other electronic devices are predominantly operated for feet 'r, f amusement. Typical uses include arcades and computer cafes. 4 (1) Up to 3 Electronic Devices NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X P P P P X (2) 4 to 1.5 Electronic Devices NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X M M M M X (3) Over 15 Electronic Devices NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C X X C X b. Amusement Park - includes an entertainment or amusement complex developed as �Asdetermmeall, by the" a regional visitor tourist attraction and organized around a central theme, such as Director,, , amusement rides and attractions, tours or exhibitions, including all related accessory uses, buildings and structures designed and operated for patron participation and Leasure in conjunction therewith. NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X I X X X X X X X C C X C X c. Convention Center — includes a large civic building, or group of buildings, As determined„by tite "� designed for conventions, industrial shows, exhibitions, and the like, having large Director unobstructed exhibit areas and may include conference rooms, hotel accommodations approved park, restaurants, and other accessory facilities. stud NUI FNU2 I NU3 I NU4 I NU51 URI I UR2 UR3 UR4 URS CR CC CN BP I • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 17 X I X I X I X 1, X I X I X I X I X I X I C C X C X d. Indoor ntertainment - includes predominantly spectator uses conducted within PiR"-=.NPN S S Jt. K" �)lspace�per each 3��� an enclosed building, excluding uses classified under adult businesses. Typical uses fixed seats; plus 1 include movie theaters and live theaters. pace per eaeh451 ,,' square=feetof seating �`a eas'wifh,noiifixed'�y seaimg'�pliis l4spacea�°.. for each3occupants `iri customerise hrvic omer ,i N xareas' z NUI NU2 I NU3 NU4 I NUS URI I UR2 UR3 I UR4 URS I CR CC CN BP I X X I X X I X I X I X X I X X I M M C M X e. Indoor Sports and Recreation - includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include billiard halls, bowling alleys, health and/or fitness clubs, ice/roller skating rinks, indoor racquetball courts, paintball facilities, shooting ranges and indoor entertainment play facilities. (1) Billiard Halls 1°S spas per each ," 1 brlhardFtable pluses '�?s,r+ °t �" ri t�im� v'• , mai �9 quue par ng for 0 raddrtionaltusesxons tee (2) Bowling Alleys 3 spacesfperabowhng' s lane plus equiced ,parkmgfor-additional �`' 4 uSeis.on`site ��"M �.h^CX.. i{S. (3) Health and Fitness Clubs I spacelper, 150 square feet of, s >p ` i 1 „1'v ,wetghtlegtiwpment < roomyand pool spa 3 I. urea pll'Kspace pe ps r, 60tsqua e f etf aerobtclmartial art mkLnw ifistrucs ctil ) � on°area, plus�l„' s *ce,ape pace pr;250 square feet ofbother�floor arIN ea '"(courts locker rooms;N��” etc) plus required' ;park�ng�fo ad'ditional}� ,uses on�'srte3y„ 5_x (4) Paintball ..M. l space perz300 squares t feeof gammg area, `? a pace per each ;pluS,l)s10 Three fixedseats m ��ji' YfYC Y. l'*- viewmg;area plus >n s"paceper`each'2L " .... n s ✓,a H�Yz. s"quare feet of viewing =`. urea without fixed �,,�`` ' seats pinsiregwred',`,n ' parkmg'fova dditional,,, January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 18 • F L� E 9 • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 19 uses on site*' „r r� J 4r � (5) Racquetball/Tennis Courts 2 spa'cespec Con us �< required packing for additional uses on site (6) Skating Rinks 1�''space,pe100 square nnk,atea, or 1 ,�feet,of 'tspacepe 3 fixed seats; , plusrequired�parking rfor additional uses on Si (7) Sports Arenas (soccer, basketball) ;25 spaces per field or �.� 7�coti �, plus�l space pet �3�fix�ed seaCs,of spec�ta�tor area; plus 1 uspa�ce peter 2'1 square feet'ofspeptator area r -fixed without seating; . plus required parking f r addrtir'o al uses on 4 ,, (8) Children's Indoor Play Facility1'space per200 square feet of recreational # actt ,wity area; plus 1 'sp c� per 250 square feet ofofficerfloor 'aa, plus�reguired re ,parkmgforaddihonal, .: in S,19 site NUI NU2 NU3 NU4 NU5 URl UR2 UR3 UR4 UR5 CR CC CN I BP I X X X X X X X X X I X M M C M C f. Outdoor Entertainment - includes predominantly spectator uses conducted in the As determined liy th"e " open or partially enclosed or screened facilities. Typical uses include outdoor Directorri� ' amphitheaters, concert halls and orts arenas, na, ,, � ,•� NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C X I X I X C • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 19 g. Outdoor Sports and Recreation—includes predominantly participant sports and health activities conducted in the open or partially enclosed or screened facilities �As�determmed�b tha Y Dire tc or"�imle s $ Typical uses include BMX tracks, batting cages, driving ranges, golf courses, a � miniature golf, outdoor shooting range, skate parks, swimming pools and tennis courts.` {specified�below �+;��� �k (1) Driving Ranges1Stspa espei tee In parking fora , �mrequrred addihonalsuses on site��' (2) Golf Courses .w.=. ,'10 spaces per hole,,�� ,ph0required,parking for -on addrttonal," es s (3) Miniature Golf �2spaces per�hole2pliis a mreSi' 4 y iregd par arkmg3for xaddtnonal•usesaon stte (4) Swimming Pools r1, space pei 500 s --jai a gs cK � q ifeet,ofgross'areagvv (includes loeker ;,; tin q- +rooms chan m ' urooms, pool deck) � t sn i k $✓L xFa"�,"w' �'F plusll�spacePper,45 ,�'��^ >square feet=of water.�a�� (5) Tennis/Racquet/Handball Courts------------- pec court;jplus- =rerg for- `? ,additional uses onfe NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X I X Ix I X I C I C I C I C I C h. Recreation Facilities - includes predominantly participant sports and health Alluses it IV c}%a activities which are normally associated with a country club. Typical uses include A ;facilili ty shall provide count clubs, racquet clubs, swim clubs, and may country q y include other accessory uses, � �� parkmgaas+con amedtin including restaurants, ban uet facilities and retail sales.tlus code /t" NU1 NU2 NC NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C CI C I C I C C C I C C L C I C I C i. Residential Recreation Facilities - includes predominantly participant sports and ?A11 uses, within, suuch a A health activities which are normally associated with a private residential community or f c s llpovidep property/homeowner's association. Typical uses include swimming pools, tennis nparking#asxontamed,in courts and meeting facilities." tom'r this d We' co co _*. NU1 NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CO BP I P P P P P P P P P P P P X I X X 19. Retail Sales, General Parking January 2013 1 DRAFT Division 17.40 - Use Classifications and Required Parking (17.41-17.49) Page 20 E • E • • Includes establishments primarily engaged in the sale of goods and merchandise, but excludes those uses classified under "Retail Sales, Specific" and other use classifications in this chapter. Typical retail uses include, but are not limited to, apparel boutiques, appliance, antiques, auto parts, art supply, bakeries, butchers, bicycle, book, electronics, florists, hardware, hobby, jewelry, magazine, music, pet supply, pharmacies, sporting goods, stationary, toy, video rental, and vintage clothing stores. a. Retail ispace P11 250 square b. Shopping Centers (1) Up to 100,000 square feet Eachspecific use type s e calculated per the parking ¢requirements contained° .' n tli d. Discount Stores -includes retail establishments primarily engaged in the sale of a s esvu s mom. ewuq 1�space pee 250+square...,. wide range of merchandise at discounted prices and includes membership stores meet plusr�egntred �� g Merchandise may include auto supplies, apparel, appliances, books and magazines, parktngfor additional cosmetics, electronics, furniture, garden supplies, hardware, home furnishings, uses onzs�te jewelry, kitchen products, packaged foods, pet supplies, sporting goods and toys p� s Accessory uses may include food service, pharmacies, optometry, and limited automobile services. Typical uses are over forty thousand (40,000) square feet in size`'n"''' and commonly referred to as "big box" retail stores. Alcohol sales shall be in accordance with the rovisions of Section 17.66.020 (Alcohol Sales) NUl I NU21 NU31 NU4 I NU51 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X xi X I X I X X X X X P P X M M e. Drugstores - includes retail establishments primarily engaged in the filling of spaceipen'250 square medical prescriptions and the sale of medicines and drugs, medical devices and .feet �plus,requ�red'�� supplies, nonprescription medicines and includes the sale of nonmedical related " r' �parkmg for-addtponaL products, including, but not limited to alcohol, cosmetics, electronics, greeting cards, u es on6srte packaged food items, and stationary. Typical uses are less than forty thousand (40,000) square feet. Alcohol sales shall be in accordance with the provisions of Section' { 17.66.020 Alcohol Sales). Q� NUI NU2 NU3 NU4 NU5 URl UR2 UR3 UR4 URS CR CC CN BP I X X X X X X I X I X IX X P P P P X L Equipment Rental Yards - includes outdoor establishments primarily engaged in,ls` sp ca e�pe X250 q are the retail rental of small construction and/or home and garden equipment to the general af--et lof building area; public or contractors. yphislspace per 1 000 bsguare feet�of outdoor 9stom NUl I NU2 I NU3 I NU4 NU5 URI UR2 UR3UR4 UR5 CR CC CN BP I X X X X X X X X X X X C X P g. Feed and Tack Stores - includes establishments primarily engaged in the sale of -c-1 1°spaccee pe�250`square . equestrian -related merchandise and feed. feet9 .x ll +zsa',ex�utmU NUI NU2 NU3 NU4 NU5 URI UR2 UR3 URA UR5 CR CC CN BP I X X X X X X X X X X C C C X M It. Food Stores - The following are food store uses: 1 Supermarket/Grocery - a retail establishment, exceeding three thousand, five * ra+^ �1�spacekpery250'square hundred (3,500) square feet, primarily selling food as well as other convenience andfe, et 'u household goods and may include subordinate uses such as bakeries, delis, and take ) out restaurants. Alcohol sales (beer, wine, or other spirits) shall be limited to less than 10% of the shelf space for the sale of goods and shall be in accordance with the P g provisions of Section 17.66.020 (Alcohol Sales). 5 NUI NU2 NU3 NU4 NU5 URl UR2 UR3 UR4 UR5 CR CC CN BP I X X X I X X X X X X X P P P p -T- (2) (2) Convenience Store -any retail establishment, up to three thousand five hundred ° 1 space per250 square' (3,500) square feet in size, offering for sale pre-packaged food products, household items, newspapers and/or magazines, sandwiches and other pre -prepared foods for off- ff site site consumption. Beer and wine sales shall be in accordance with the provisions of� Section 17.66.020 (Alcohol Sales). January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 22 • • • NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P X i. Furniture Stores - includes establishments primarily engaged in the sale of home gf sp10)pei 400 square ; and/or office of furniture and may include incidental repair and upholstering. rfe`et NUIINU21NU31NU41NU51 URI IUWIUR31UR41UR51 CR I CC I CN I BP I I X I X I X I X I X I X I X I X I X I X I P P I P P I P j. Garden Supply Stores - includes establishments primarily engaged in the sale of 1 `space pei250 square gardening supplies, including fertilizers, ground coverings, irrigation supplies, feet VAI mulches, pavers, andplant s and trees. NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P M M P k. Gun Stores -includes establishments primarily engaged in the sale of firearms l;sp c' e per`==250 squa eG, t`fe�t�� NU1 NU2 NU3 NU4 NUS I URI I UR2 I UR3 UR4 URS I CR CC CN BP I X X X X X I X I X I X.1 X I X I C C X C X 1. Liquor Stores - includes any establishment which sells beer, wine, and/or other 11 ^l�space"per 250vsquare" '; spirits (including liquor) for off-site consumption.feet��, � r NUI NU2 NU3 NU4 NU5 UR1 I UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X I X X X I X C C C C X in. Nurseries - includes establishments primarily engaged in the growing of plants, flowers, and/or trees, either outside or within enclosed structures, for sale. (1) Retail - nurseries selling directly to the public and contractors. t=space per 2.50 square ` space feet plusl per s "1`;000 squO feet _are of �outdcorstorage area "u ., a�.< NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P M M P (2) Wholesale - nurseries selling exclusively to contractors or to establishments which 250 square y sell directly to the publicfeetplus yl'spacefpe� t lspaee per squarerfeet 1'000 of.- _. ;;outdoor torage�area,f NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X M X X M n. Pawnshops -includes establishments which lend money on the security of personal A lspace perP250squaie property which is kept at the premises. feet NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X I X X C X C X o. Second Hand Stores - includes establishments selling pre -owned or used items, lspace,pei•250 squaie"'' including, but not limited to, apparel, electronics, furniture and household goods, but feet , does not include antique, coin, vintage clothing, or sporting goods/memorabilia stores. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 I UR4 UR5 CR I CC I CN I BP I X X X X X X X X I X I X M I M I M I M I X • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 23 p. Swap Meets and Flea Markets - an occasional or periodic market held in an open kAs,detemuned$13 rth4 7�01 or enclosed structure where groups of individual sellers offer goods for sale to the 1)trector� d, `,3' 1 public. 3 A5 $ t}s'+ �f NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X X X X X C X X X C q. Thrift Stores — includes a shop selling secondhand goods, such as clothes, often to l space per 25Oasquare'r benefit a charity; also called thrift shop. Thrift stores may, but are not required to g Wpa Y n k :feet; plus parktngdfor+" have, merchandise donation facilities. Rii&6handise donation :° facilities, '* NUI NU2 NU3 NU4 NU5 URI I UR2 I UR3UR4 URS I CR CC CN BP I X X X X X X I X I X I X I X I C C C C X r. Tobacco Paraphernalia Stores - includes establishments primarily engaged in the 1 s' ace ec25W uare, 9 sale of tobacco paraphernalia. See "tobacco paraphernalia business" in Section feet 9% 17.11.020 (Definitions). ti NUI NU2 I NU3 I NU4 NU51 URI I UR2 I UR3 UR4 UR5 CR CC CN BP I X X I X I X X I X I X I X I X I X C C C C C s. Vendors, Long -Term - includes the accessory or secondary retail sale of food ;1sd`etermuiedib Ytie Y beverages, or merchandise from nonpermanent vendors operating in a single locationDirecto� s for an extended length of time. Typical uses include hot dog carts, coffee vendors and; �zz jewelry carts. Long-term vendors shall be in accordance with Section 17.66. 100 (Long -Term Vendors). ; NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X I M M I M I M M 21. Retail Services1?arkmg' r Includes establishments primarily engaged in the provision of retail services. Thekla space pe%250€ quare =; following are specific retail service use types: Nw feet a. Equipment Repair - includes the repair and maintenance of household equipment. (1) Consumer Electronics - Televisions, VCRs, computers, appliances. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P M (2) Small Engine/Equipment - Lawn mowers, house and garden tools. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 I URS CR CC CN BP I X X X X X X X X X X M M M P P 22. RV Park/Campground Parkin " w Includes a site where one or more lots are used, or are intended to be used, by campers cAs=determined by"the` with recreational vehicles or tents for short-term use only. Recreational vehicle parks Director;foi thea ,: or campgrounds may include public restrooms, water, sewer, and electric hookups to mdiuidual 'uses W each lot. This use may include accessory uses including retail and a restaurant, where proposed ' �' they are clearly incidental and intended to serve patrons of the RV Park/Campground _ e" only. This use shall also include travel -trailer parks, but shall not be construed to include mobile home parks. January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 24 • • • i • NU1 NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN I BP I C C C X X X X X X X X C i16" X ter - 23. Schools, Specialized Parking� Includes schools of specialized education and instruction, but does not include public and private elementary and secondary schools and colleges and universities. The following are specialized school uses: a. Vocational Schools -includes secondary or higher education uses and facilities ii?. sH•p.; tS.zCk 'l�space per:classroom; primarily teaching usable skills that prepare students for a job in a trade. Includes but plul�space for each 3 is not limited to, schools teaching auto repair, computers, cosmetology, electronics, fixed"`seats; lus 1 iP management, medical/dental assistants and hygienists, and construction. >p p 's ace< er`each 60 square,feet of classroom area without' fixed seats''•"+„„+plus 1 s N, I ,for each 250 �sqother ua feet of floor area NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN I BP I X X X X X X X X X X M M C I M- -C -b. Instructional Schools -includes specialized non -degree granting schools that lspace per, 20Q,square provide instructional classes in areas including, but not limited to, music, martial arts,feet of=instructional dance, gymnastics, language, and tutoring. Includes facilities that focus on the physical r c tar and mental development of early childhood through the use of exercise equipment, ac P bi . aerobic/martzal arts toys, music and other age-appropriate stimuli. This use type does not include health m'structioh; classroom clubs or similar uses where initial instruction is given and then members/participants e .t, acea�tetc.); plus 1 space., are free to participate and/or utilize the facility's equipment outside of an instructional „per 25�,0� quate feet of class. office floor area; plus reguiiedRparking for ,„ L addrttonal uses.on site , NUI NU2 I NU3 I NU4 I NUS I URI I UR2 UR3 UR4 I URS I CR I CC I CN I BP I X X I X I X Ix I X I X I X I X I X I M I M I M I M M 24. Storage, Self ?Parkin E g Includes a structure or group of structures containing generally small, individual compartmentalized stalls or lockers rented as individual storage spaces. This use does Ix"spaceper employee; (imp us ter' plus space per 250 not include other use types listed in this chapter and excludes the outside storage of ie fee of office ` lsquaVt vehicles orequipment. Self -store a facilities shall be in accordance with Section g plus addihogalcparKin A 17.66.1 10 (Self -Storage Facilities). ass ted by thea NU1 I NU2 I NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X X X X C C 25. Tattoo Parlors Parking M1 Includes establishments which provide permanent tattooing services. 1 space per250'squaren; feet `gfM" NUI I NU2 I NU3 I NU4 I NU5 I URI I UR2 I UR3 I UR4 URS I CR CC CN I BP 1 • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 25 X X X X I X I X I X I X I X X I X C X I C X 26. Vehicle Sales and Services k, X, J Includes establishments primarily engaged in the sale, rental, and service of automobiles, boats, heavy equipment, recreational vehicles and large trucks. This �, " x 3 includes retail, wholesale and used vehicle operations. The following are vehicle sales " and services use types for uses outside of the Vehicle Dealer Sales Overlay Zone Section 17.38.090) or the Vehicle Services Overlay Zone (Section 17.38.100: a. Automobile and Light Truck Sales and Services - includes establishments primarily engaged in the sale, rental and service of automobiles and light trucks. The following are automobile sales and services use types: (1) Body Repair and Painting - includes establishments primarily engaged in body 1 1, "I ereach ? 1 repair and painting of automobiles within an enclosed building. Auto body repair uses squarejfeelu'ss' m" shall be in accordance with Section 17.63.050 (Vehicle Repair Garages). Typical usesrequued paring for " include automobile painting shops and body repair shops. r a ot�'site�� �addtt�onal�uses NUI NU2 NU3 NU4 NU5 U UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X I X X X X X C X C P (2) Commercial Storage - Includes facilities providing overnight and/or long-term AAs detemunedAby theme storage of automobiles for a fee, but excludes impound yards. This is an independent eir ctor use type and does not include parking that is required for uses pursuant to this code. Typical uses include commercial parking garages. q. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X I X I X I X I X I X X M P (3) Fuel Sales -Includes establishments primarily engaged in the dispensing and retail W ^A °Ivlmimum�5�spaces, ' �� sale of fuel and may include as an accessory and subordinate use the sale of oils, plus requ reAd,parking ' lubricants and similar automobile related merchandise. Fuel sales shall be in fit; Iry for addinonal.uses oii accordance with Section 17.63.030 (Fuel Sales).,Typical uses include fuel stations and site may include accessory retail stores offering beverages, prepackaged food, limited food re oration services, and other associated convenience items for sale. NUl NU2 NU3 NU4 NU5 URI UR2 1JR3 UR4 UR5 CR CC CN BPI X I X I X I X I X X X X X X P P M M M (4) Repair and/or Maintenance - Includes establishments primarily engaged in the I "space per each400° repair of automobiles within an enclosed building and may include the accessory and P g y ry square feetgplusa ' -'re subordinate sale of parts and related merchandise used to repair automobiles. Does not include body repair and painting. Automobile repair and maintenance uses shall be in !aditional�uses onsite accordance with Section 17.63.050 (Vehicle Repair Garages). Typical uses include but are not limited to, brake shops, general repair garages, auto glass shops, oil change/lubricating shops, muffler shops, stereo and accessory installation, tire shops transmission repair shops and tune -u shops.t�� x,„rrN NU1 NU2 NW NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C C X C P (5) Sales and Rentals - Includes establishments primarily engaged in the sale, 1. space per uehiele for'' brokerage, and/or rental of automobiles. Typical uses include automobile rental sale/rentalpl�s�l"� �� agencies and new and used automobile sales lots. Automobile Sales and Rentals shall each 250 comply with the Vehicle Dealer Sales Overlay Zone in Section 17.38.090 (VDS- �spacper square feetof oFfic'e Vehicle Dealer Sales Overlay Zone). ace"; "� Mx•" A Sales January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 26 • 0 U • E NU1 NU2 NU3 NU4NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X I X X X X X X X X X X X B Rentals NU1 NU2 NU3 NU4 NU5 UFQ UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X I X X X X C C C M M (6) Wash - Includes the washing, polishing and detailing of automobiles. Typical uses include automobile detailing services and car washes. Automobile washing uses shall be in accordance with Section 17.63.020 (Car Washes): (a) Manual/Automated self-service (no attendants) -Includes establishments that st,, �3�oar, stacking distance, provide facilities for washing vehicles either by the customer, or an automated tunnel rF•��� ;;m,front'of4each where no attendants are used to either wash, dry, detail, or otherwise clean a vehicle bay/lanefor washing, 8rytng and vacuuming } of cars pus adequate. parking' -"1166t drying and vacuumrng'of vehicles ,. s i cis o the'safaction of .- Y the Director; plus u r . `required parking for ;. '?add'ti dnaluses on;ste' NU1 I NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X X X X X X X X M M M P P (b) Full-service (provides attendants) -Includes establishments that provide full 000 square'! service washing facilities where attendants are present at any time in the washing �MmmumQ foot queuing«area for ; process to either wash, dry, detail, or otherwise clean a vehicle before returning it to mcommgcars; plus a the customer. minimum#3;000 square, 'feet of areabeyond thea' ing '« ex area plus,r q fired a a parking fo `additional'"'` use on site; t y NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C C C C M b. Boat and Camper/Recreational Vehicle Sales and Services - Includes establishments primarily engaged in the sale, rental, and service of boats and campers, fifth wheels, recreational vehicles, and similar vehicles. The following are boat and camper/recreational vehicle use es: (1) Commercial Storage - facilities providing overnight and/or long-term storage of �<As deterrnin'ed byxthe: -- boats and/or campers/recreational vehicles, usually, but not always, for a fee. Directo:: • spa, i r NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X M P (2) Repair - includes establishments primarily engaged in the repair of boats and/or 2 boat/camper spaces campers/recreational vehicles and may include the accessory and subordinate sale of per bay (size_ tojbe.. parts and related merchandise used in repair. All camper/recreational vehicle repair determined by thee, shall be in accordance with Section (17.63.050 (Vehicle Repair Garages). Director);'plus 1 space,' per each 500` square:; feet plus; require �d parking for additional January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 27 • January 2013 1 DRAFT • Division 17.40—Use Classifications and Required Parking (17.41-17.49) Page 28 uses on°site'�2r �'�rw� r NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X I X I X.1 X I X I X I X I X I X I X I C C X C P (3) Sales and Rental - Includes establishments primarily engaged in the sale and/or 1 space per each��3;000 rental of boats and/or campers/recreational vehicles. Typical uses include recreational •""square feet of hdoor,"�1 •; vehicle rental agencies and new and used camper/recreational vehicle sales lots. and outdo�o d play4 area plusgrequired ". parking forr addmnali �uses'omsite a NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C I C X C P c. Heavy Equipment Sales and Services - Includes establishments primarily engaged in the sale, rental and service of heavy equipment, such as aircraft, tractors, forklifts and heavy construction equipment. The following are heavy equipment sales and service use types: (1) Commercial Storage - facilities providing overnight and/or long-term storage of 'As determined by�the a heavy equipment usually, but not always, for a fee. This use type does not include Di�ector�" ,1n contractor storage yards. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X M P (2) Repair - Includes establishments primarily engaged in the repair of heavy 2 boat/c'aimper§pacesV equipment and may include the accessory and subordinate sale of parts and relatedper bay (size to be ' merchandise used in repair. determmedtby D�,r it'r) plus)1 space' per each00 sq pare-1 us,�re dire fr,addittonal" parking q itses'on stte NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X C P (3) Sales and Rental - Includes establishments primarily engaged in the sale and/or 4 space pern each" 00' rental of heavy equipment. Typical uses include construction equipment rental and square feet`of indoor. sales lots. and outdoor display-:- area; plu's required parking for additional . 'uses on site NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X X X X X X X X M P d. Motorcycle Sales and Services - Includes establishments primarily engaged in the I space per each 400 sale, repair, rental and/or servicing of motorcycles, motorized bikes and personal square Ifeet watercraft. • January 2013 1 DRAFT • Division 17.40—Use Classifications and Required Parking (17.41-17.49) Page 28 i NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C C C M M e. Truck., Large, Sales and Services - Includes establishments primarily engaged in the sales, rental, and repair of large trucks, including tractor trailers, semi -trucks, and buses. The following are large truck sale and service use es: (1) Body Repair -Includes establishments primarily engaged in body repair and 2 targe truck spaces painting of large trucks. .per bay„(size=to�be `d'ete"�rtnttied by the' Dtiecioi)>plus 1 space ` aper eac)SOOasquare feet`plus�eq r'ecl parking for additional .:,.. r `u`ses on site; NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X I X X X X X C M (2) Commercial Storage -Facilities providing overnight and/or long-term storage of to rued by the ' large trucks, usually, but not always, for a fee. O)ifecWrr, awd^� , a NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X M M (3) Fuel Sales - Includes establishments primarily engaged in the dispensing and sale «A"sdeterminediby the ; of truck fuel and may include as an accessory and subordinate use the sale of oils, Director ', lubricants and similar truck -related merchandise. Fuel sales shall be in accordancexq� with Section 17.63.030 Fuel Sales). NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X C X C M (4) Repair Services - Includes establishments primarily engaged in the repair of large 2,,large truelt spaces trucks and may include the accessory and subordinate sale of parts and relatedper bay ("'size o be merchandise used to repair large trucks. det mimedbyahe Drecto) 7p1u1 space .per a„,�ch�50�}0a"squate feet�,plus-required n p�ar�kmgfotvaddthonal k $uses on sit NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X I X C C X C M (5) Sales and Rental -Includes establishments primarily engaged in the sale and/or .hoc ew xirok a er l�yspace peuehtcle for rental of large trucks. " 1/$rentak(size to be deteimtneT y the Director)plusl space,, e tpereach 5 OOO�square,„ feet of tndooi 4iiaf < outdoor dts�"la � er1 a �°` plus required parrkmg�,, for addtttonal uses ons NUI NU2 NU3 NU4 NU5 URI UR2 I UR3 I UR4 URS I CR CC I CN I BP I I January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 29 X I X I X I X I X I X I X I X I X I X I C I C I X I M M (6) Truck Stops - Includes facilities which provide maintenance, service, storage,T1s deteiininedlliy the parking, repair, and/or washing of large trucks, including the retail sale and dispensing �Dir�ector of truck fuel, and may include the sale of oils, lubricants and similar truck -related merchandise. A truck stop may also include overnight accommodations and restaurants facilities primarily for the use of truck crews. a� NUI NU2 NU3 NU4 NU5 URI UM UR3 UR4 UR5 CR CC CN BP I X X X X I X X X X X X X I X X C C January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 30 11 CJ • • Chapter 17.44 Industrial Use Types 1. Assembly "41,,'.", ' I ' a king Includes the assembly or treatment of articles or merchandise of previouslyT space per 500 square manufactured materials. No raw materials are used. Articles of assembly include, butfeet of ssembly area are not limited to cloth, electronics, fur, glass, leather, metals, paper, plastics, precious for 1 space pertwo or semi-precious stones or metals, textiles, tobacco or wood. Typical end products employees of largest include appliances, books, computers, cosmetics, electronic devices, furniture, medical shift, whichever is and dental instruments, motors, newspapers and televisions. gceater;,plus ]space xprierbusiness vehicle; plus", Wred.parkmg For additional uses on 'site NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X P P 2. Bottling Plants �a�, Z?arking Includes facilities primarily engaged in the bottling and distribution of beverages. 1^spaceper 500 squaie feetlof bottling area or , 1=spaceper two mpl'oyees oflargest shiftwhtchever is =ati scar' ;greater; plus 1 space tpei�''business vehicle; plus;iequired parking for additional uses on M=« ,'site .h #kw�S�J,Seti M NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CNvy BP I X X X X X X X X X X X X X P 160 3. Cleaning and Dyeing Plants Paling Includes facilities primarily engaged in industrial dry cleaning and/or the commercial `As deferniined'by the dyeing of apparel and fabrics and does not include drop-off or pick-up of apparel from °Duecior the public as a part of a dry cleaning use as classified under Personal Services in a� Section 17.43 16 of this Code. N;"x U5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X P P 4. Crematory Parkrng . L> Includes a facility where cremation takes place. Cremation is the process of reducing 1'spacge 250 -s a human remains to basic chemical compounds in the form of gases and bone fragments, 'f etof`office space, accomplished through high temperatures and vaporization. plus lspace snquare feet of�floor� C ar`ea'dedicated t �'.°-` ® January 2013 1 DRAFT Division 17.40— Use Classifications and Required Parking (17.41-17.49) Page 31 • • January 2013 1 DRAFT • Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 32 `c requit ton;'plus q �rr aequired=parkmgyfor)rP ddthorialtuses,on, suer NUI NU2 NU3 NU4 NU5 URI UM UR3 UR4 URS CR CC CN BP I X X X X X X X X X X X C X C C 5. Distribution ,IN' rkmg, m ar Includes facilities primarily engaged in the receipt, storage, and distribution of goods, "1 space p1;000 ¢ products, cargo and materials, including transshipment by air, rail or motor vehicle, but square feet of ung;. r excludes truck terminals. �°dtstnbution floor,area or l space per two% " n o ,employees;of largest -TV sh�ft„whichever is��,t greater plus ] spaced per business, vehicle4' us4�require diparkmg=� fox�addrtioual use on M , NU1 NU2 NU3 NU4 I NUS I URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X I P T P 6. Distribution Showrooms a ” Parlirng Includes facilities that display goods that are stored and/or distributed at the site for ?] spacelper 250"sq a`re wholesaling purposes but does not include retail sale. = • NU1 NU2 NU31NU41NU51UR11UR21UR31UR41UR51CRICCICNI BPI I X X X I X I X I X I X I X I X I X I X I X X I P I P 9. Laboratories toIParking Includes chemical, dental, electrical, optical, mechanical, and medical laboratories and twa dete ninedlby the includes facilities that provide research and investigation of the natural, physical or Directoia social sciences, which may include engineering and product develop ment.�A au 7 NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X P P 10. Landfill 4 Pa king A facility for the disposal of solid waste that is not reused, recycled, or combusted for 1,lparkingisDace per energy recovery. X259 sq refeet oWINAf officeispace; b. Heavy -Includes manufacturing, processing or treating, or storage of products Espace per 500 square �� which may be obnoxious or offensive by reason of the emission of odor, dust, smoke, I, oftprocessmg areae gas, noise or other causes. Typical uses include, but are not limited to, asphalt and lfeet total spacepertwo cement batch plants, automobile dismantling yards, chrome plating, fat rendering employeesoflargest a plants, fireworks plants, foundries, glass plants, lumber mills, meat packing plants shill, whicfiev�er is* microchip plants, paper mills, petroleum refineries, rock and gravel processing plants, greater, plus ]space' scrap metal processing, smelters, storage of gunpowder in excess of seven hundred .. perKbusrpess vehicle,g? fifty (750) pounds, storage of any other explosive in excess of one hundred (100) w pluus,re�quire&parrkmg pounds, storage of oil, gasoline or petroleum products in excess of two thousand five for additional uses on ; hundred (2,500) barrels, and waste disposal facilities. S!tee e ----------, J (1) Scrap Metal Processing3ispacesimmimum,ot'�i �1 s ace er'7 000" a square f��of„yard��z area or fraction thereof4 y, to the first 42 000: Is squaze feeY?plus l`�? for 20,000 rospace each square feet{orfrachon� e ess of (2) Automobile Dismantling ere in cx 42`000 s care f` q eet (3) Salvage Yards whichc,ernsreater NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X C 12. Moving and Storage Facilities Parlun g. Include facilities engaged in the moving of residential and/or office furniture and 1 space per 2,000 similar items from one location to another and may include the short-term storage of square feeof torage such items. Moving and storage may also include the storage of large moving trucks a, pls requited pking for additional ., NUI I NU2 I NU3 I NU4 NUS I URI I UR2 I UR3 I UR41 URS I CR I CC I CN I BP I X X X X X X X X X X X X X M M 13. Outdoor Storage = Parkmg` ,' Includes facilities engaged in the outdoor of vehicles, equipment, and materials subject to Chapter 17.53 (Property Development Standards — Commercial and Industrial). Typical uses include: a. Building Material Yards — Includes the outdoor storage of building materialspace El 000 3 peta including, but not limited to, brick, stone, sand, gravel, rock, wood, concrete, or other �, `ss quare feetof storages materials used in construction. Building material yards may include the accessory rental of construction equipment. Stora e areas shall be enclosed with a wall or fence g ' at a minimum het ht of six 6) feet. w :q NUl NU2 NU3 NU4 NUS UR1 UR2 UR3 UR4 UR5 CR CC CNBP I X I X I X I X IX X X X X X X X X iM M January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 34 0 • • 0 b. Contractor Storage Yards — Includes an outdoor storage area used for the storage space per+5;000 of the equipment, vehicles, or other materials when not in use. Contractor storage square feet•of outdoor ` yards may include offices and other accessory uses directly related to the business on � sto,rrage area; plus 1 the property. Accessory storage of construction materials shall be permitted provided space, e xach that the storage is not detrimental to the public health, safety, or welfare and does not busmess''vehicle, plus become the primary use of the property. Broken or non-operative vehicles and �require as %$� ? d?,parking for equipment shall be properly disposed of within 90 days of becoming non-operative. additional vses�on site NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X M P c. General— Includes the outdoor storage of vehicles, materials, or equipment related I. space p66,5) u 11 to the business on the property. This use shall not be construed to be the commercial square feet ofoutd001 leasing of space for storage similar to a self storage facility, vehicle, or other storage, areasplus 1 recreational vehicle storage facility. space per,e�ach busuiess a ecle pIW ` requiredipking addtnonaluses oq site NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X C X M P d. Lumber Yards (1) Retail —Includes the outdoor storage and retail sales of lumber and other r space peal 000 1 associated material. square feei'of storage,' ,,a rea (2) Wholesale — Includes the outdoor storage and sale of lumber and other associatedLspace 0e5 000 material for wholesale purposes. square feett ofastorage -area �;: NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X C X M P e. Salvage Yards — Includes outdoor storage of non-operative vehicles, equipment, or _ I space pezr 1;000 -' material for salvage and/or re -use purposes. This use shall not include vehicle square`feet=of storagenI impound yards. area {r NUI NU2 NU3 NU4 NU51 URI I UR21 UR3 UR4 URS CR CC CN BP I X X X X I X I X I X I X I X I X I X X X I X I C f. Vehicle Impound Yards — Includes the storage of vehicles impounded by lawMimmum'of 5 spaces�'� , enforcement officials_ plus lspace per Business yetiic p s requiied`parkin f0 J, a_ddnion_ alu'ses;on�site§.i �BP NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN I X X X X X X X X X X X X X M P 14. Recycling - The following are recycling types: Paiktng�� ` a. Vending Machines as an Accessory Use - Includes vending machines into which No additiogal parkim ' recyclables, such as aluminum cans, are inserted in return for monetary payment. -needed u> NUI I NU2 I NU3 I NU4 I NUS I URI I UR2 I UR3 I UR4 I URS I CR I CC CN BP I • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 35 X X I X I X I X I X I X I X I X I X I P I P I P I P I P b. Collection of Trucks and/or Bins as an Accessory Use -Includes automobiles, No add�tio al paitang� trucks, trailers or vans, licensed by the Department of Motor Vehicles, which are usedeeded for the collection of recyclable materials and includes the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials in return for monetaa payment. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X M M M M M c. Recycling Center - Includes facilities which accept delivery of source -separated As,determmed liythe materials, including but not limited to glass, paper and plastics. Materials may be Dtiector I accepted for compensation or as donations, and are intended for transfer to a larger a facility for processing. (1) Small - An area and/or structure less than three hundred (300) square feet and is intended for day-to-day collection of materials and does not include power -driven processing equipment. NU1 NU2 NU3 NU4 I NUTX RI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X C C X M P (2) Large - An area and/or structure over three hundred (300) square feet. A large collection facility may not contain equipment for processing the materials collected. NUI NU2 NU3 NU4 NU5 URI I UR2 I UR3 I UR41 UR5 I CR CC CN BP I X X X X X X I X I X I X I X C C X C P d. Greenwaste - Includes facilities that accept, store, and load municipal greenwaste As determ`ifi& lthe' for the purpose of recycling. Director gk, rya "4. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X C M e. Materials Recovery Facility - Includes facilities where mixed municipal solid =Xs' &&rto fhe 6 waste is sorted and separated, by hand or through the use of machinery, for the purpose VDtiector, 'k of recovering recyclable materials. A materials recovery facility may incorporate a bFxtm. °: rr. solid waste transfer station as an accessory use. 3Y yynp NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X I X I X I X I X I X I X X X C C 15. Studios, Recording - The following are studio use types: ' Parkingv 5� a. Movie - Includes facilities where motion pictures are produced including soundA°s�deterrnmed by'the� stages and backlots. Director '-�w''; NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X C I.X I P I P b. Music - Includes facilities for music recording/production. As detertriine"d 6y,4h"e " irecfor Diie6 NUI NU2 NU NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X C X P P c. Radio - Includes facilities for radio production.AAs defermmed by the., Director, Ts. January 2013 j DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 36 C J 0 16. Truck Terminal ' r. Parking Includes facilities where trucks load and unload cargo and freight and where the cargo AAs de't'er' min'ed and freight may be broken down or aggregated into smaller or larger loads for transfer Meeletill to other vehicles or modes of transportation and may include the incidental "c"MR, warehousing of goods and storage of trucks and trailere NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR I CC CN BP I for additional uses;on�site X X X X X X X X X X C X P P •X d. Television - Includes facilities for television production including sound stages and backlots. 'As dei mined by the Director NU1 NU2 NU3 NU4 NUS UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X I X I X I X I X I X I X IX X C X P P e. Studio/Film Rental Business - Includes facilities primarily engaged in the rental of film trailers, wagons, and accessory filming equipment to the general public, contractors, or movie production companies. A��detemM rdtby the director 3 t NUI NU2 .NU3 NU4 NU5 URI Ulk UR3 UR4 UR5 CR CC CN BP I X X X X X X X I X I X I X X C X P P 0 16. Truck Terminal ' r. Parking Includes facilities where trucks load and unload cargo and freight and where the cargo AAs de't'er' min'ed and freight may be broken down or aggregated into smaller or larger loads for transfer Meeletill to other vehicles or modes of transportation and may include the incidental "c"MR, warehousing of goods and storage of trucks and trailere NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X X X X M M 17. WarehousingmgzM Includes facilities primarily engaged in the storage of goods and materials in a building l space pe[ 1 000 and does not include the assembly or manufacture of goods and materials. squa e feet of warehouse area; plus I space per business vee i e?plus required'.. parking for additional uses;on�site � I NUI I NU2 I NU3 I NU4 I NU5 I URI I UR2 I UR3 I UR4 I UR5 I CR I CC I CN I BP I I I • January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 37 Chapter 17.45 Public and Semi -Public Use Types 1. Community Assembly - Includes the activities typically performed by, or at, the Narlangl following institutions: a. Churches, temples, synagogues and other places of worship.r ��„lspape per 4ed 24 seats (every orches, of�bench sha]I�be���.�� � considered -one seat) "plus I�space=pier 28 - �square'feet of �ass�bly area-withopf k fixed seats. * . b. Public and private nonprofit clubs, lodges, fraternal organizations and meeting I space•per 4rfixed , halls. a (every 24 orches x bench x of shall�be considered oneyseat),�„.: plushspace p'er'�28 square feef.of w assembly area withou Ms fi✓ax3"�, ? ixed seats; c. Community Centers - Includes a building and related facilities used for yl�pacetper 200 are recreational, social, educational and cultural activities, open to the public ora`feef designated the of recr8ahonal, . part of public, usually owned and operated by a public or nonprofit'cu [nraso�oial nd/or' group or agency. otilhiralcTwity�area Hplus�i`tspace per250 �squ�are feef�ofaoffce ry floo rrea ,plus required parkrngifor w c<�Wts-. .N. additionaliuses onsite NUI NU2 NU3 NU4 NUS URl UR2 I UR3 TUR4 UR5 CR CC CN BP I C C C I C I C I C C I C C C I M M C M M 2. Helipad�s �Parlungj Includes the take -off and landing facilities for helicopters as an accessory use. These facilities be Parlang`as`iietermmea may found, but are not limited to be, in conjunction with a hospital, firebthe station,ublicutili Direetoe� p utility, or a sheriff station. NUI I NU2 NU3 NU4NUS URl UR2 UR3 UR4 UR5 CR CC CN BP I C C I C I C I C I C I C I C C C C C C C C 3. Homeless Shelter 'Parking A facility which provides housing on a not-for-profit basis. Housing may include {§,ri 1?space peri ,_ emergency shelters on a short-term basis or temporary until permanent housing is employee/staff *� found. These facilities generally provide referrals to other agencies, meals, counselinginembec;' Iusrls ace,' pati p1 and advocacy, see Section 17.38.010 (Homeless Shelter Overlay Zone) and Section ,,. , a a.• per�5,temporary, �a', : 17.66.070 Homeless Shelters) for Specific Development Requirements. January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 38 E, • • • NUI I NU2 NU3 I NU4 I NUS I URl I UR2 I UR3 UR4 URS I CR CC CN BP I X X X X X X X X X X X C X M M 4. Hospital Services $arlcing Includes institutions providing primary health services and medical or surgical care to 2 spaces per each persons, primarily on an in-patient basis, suffering from illness, injury and other ensed tied; plus 1, physical or mental conditions and may include associated facilities for out-patient and space`per400 square - emergency medical services, heliports, diagnostic facilities, laboratories, training, feet of outpatient research, administrations and services to patients, employees and visitors. clinic, laboratories, ,: ;pharmacies and ,established¢m milar�=uses i�copjunction with the �haspital. Asmiriimum ' �ofn2p cent of the �parkmgtshalhbe °des�gnatetd�for „em to e .' NUI NU2 NU3 NU4 NU5 URI I UR2 I UR3 I UR47 URS I CR CC CN BP I X X X X X C I C I X I C I C I C C C X X 5. Museums, Private parking Includes permanent facilities generally of a noncommercial nature such as aquariums, & V W44IWS+�IDY' per 400 square arboretums, botanical gardens, private libraries and museums, historic sites and 4%eet� exhibits. k ry NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P C C X 6. Parks, Public and Private 1'Pa king �`. Includes tracts of land designated and used by the public or members of a private organization for active and/or passive recreation. a. 50 acres or less As det�errcmned bytl e i Dsector NUI NU2 NU NU4 NU5 URI UR2 UR3 UR41UR51CRICCICNI BP I C C C I C C C C C C C C C I C I C I C b. More than 50 acres "As determmed bhe V. Director,,"`'r NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C C I C I C C C C C C C C 7. Public Parking Facilities a tirParkmg Includes parking services involving buildings or lots which are publicly owned or1A"s determined bye operated. Director January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 39 NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 U115 CR CC CN BP I X X X X X X X X X X P P P P P 8. Public Services, General Includes uses provided by public or semi-public agencies which are necessary toAAs support the community's health, safety, and welfare. Typical general public services include, but are not limited to: community water facilities (includes storage, wells, and treatment facilities); administrative government facilities; libraries; museums; police'- and fire stations; and post offices. dee erin""inedby Uie Director _? tir r���. NU1 NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I M M M M M M M M M M P P P P P 9. Public Services, SpecificMI. king ,4 , Specific public services are those public services necessary to support the community's health, safety and welfare, but whose operating characteristics are unique and require specific permitting requirements which may be of a higher or lower level of review than the general public service uses. Specific public service uses include the following. ?`Astdetermined liy the Director + a. Cemeteries (including accessory uses such as funeral homes and mortuaries) NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X X b. Corporation Yards - Including storage, repair, and processing of materials and equipment and vehicles operated by government or public utility entities. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C C C C M c. Flood Control Facilities NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P d. Incarceration Facilities NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X C C e. Preservation of Historical Landmarks NUI NU2 I NU3 I NU4 I NUS I URI UR2 UR3 UR4 UR5 CR CC CN BP I P P I P.1 P I P I P I P I P I P I P I P I P I P IP P f. Park and Ride Lots NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X C C C M M C M M g. Ambulance or Paramedic Dispatch NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X C C C M M C M M h. Utility Substations NU1 I NU2 I NU3 I NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I January 2013 1 DRAFT Division 17.40 —Use Classifications and Required Parking (17.41-17.49) Page 40 Cl C J E • C C C C C C C C C C C C C C C 10. Rehabilitation Facility Parking Includes facilities licensed by the State Department of Health Services, the State r;lxsp"'ace''' erre iBent; Department of Social Welfare, or the County of Los Angeles, which provide bed and s 2 spaces per each ambulatory care for patients with post-operative convalescent, chronic illness or dietary4 mployee dwelling. problems, and persons unable to care for themselves; but not including alcoholics drug addicts or persons with mental or contagious diseases or afflictions. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 I UR5 CR CC CN BP I X X X X X X X X C C C C C X X 11. Schools, Public and Private - The following are public and private school use 'Park`ing types: ._ ` a. College and University -Includes community colleges, public or private colleges, y�A's�detemmed by the universities and professional schools granting associate arts degrees, certificates, Director; undergraduate and graduate degrees and generally requiring for admission at least a high school diploma or equivalent academic training which may include on-site students housin dormitory . NUl NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X X X X X X X X X I X I X I C X b. Private Primary and Secondary Schools - Includes private elementary, middle, junior high, and high schools serving grades kindergarten through 12th. Does not include specialized school use types. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CRI CC CN BP I C C C C C C C C C C C C C C C c. Public Primary and Secondary Schools - Includes public elementary, middle, junior high, and high schools serving grades kindergarten through 12th. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN I BP I C C C I C C I C C C C C C C C C C 12. Small Wind Energy System � ," ` 'Parking Includes wind energy conversion systems consisting of a wind turbine, a tower, andAs deteltnined by the associated control or conversion electronics, which will be used primarily to reduce on- n site site consumption of utility power and shall be consistent with Section 17.66.120 (Small'a Wind Ener2v Systems). NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR I -CC CN TBP I P P I P P P P P P P P P P P I P P 13. Wireless Communication FacilitiesP`ark`mg� • January 2013 1 DRAFT Division 17.40—Use Classifications and Required Parking (17.41-17.49) Page 41 Includes commercial and private electromagnetic and photoelectric transmissionAs"detemitned by=the I broadcast, repeater and receiving stations for radio, television, telegraph, telephone Director 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 Chapter 17.69 ?� (Wireless Communication Facilities and Satellite Dish Antennas). Does not include accessory structures, including home television and radio receiving antennas, HAM k ' radio antennas, residential satellite dishes in accordance with Chapter 17.69 (Wireless Communication Facilities and Satellite Dish Antennas), and communications facilities •<l for community services provided by a public agency. x a. Above thirty-five feet in height NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CRCC CN BP I C C C C C C C C C C C C C C C b. Up to thirty-five feet in height NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C C C C C C M M M M M c. Flush-mounted NUI NU2 NU3 NU4 NUS UR1 UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C C C C C C M M M M M d. Co-located — Must be below the roofline of the building, camouflaged, and architecturally consistent with the building or structure and similar to the other wireless facilities on the proiject site. NUI NU2 NU3 NU4 NUS URI UR2 UR3 I UR4 I URS I CR I CC I CN I BP I C C C C C C I C I C C C I M I M I M M M 14. Zoos "� Earking a. Zoos - Includes places where animals are kept, often in a combination of indoor andAs�detemitnedby the` outdoor spaces, and are viewed by the public. Director , v`Sm'V NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X X b. Petting Zoos - Includes an establishment designated to the keeping of domestic and '`As determined bye barnyard animals in a combination of indoor and/or outdoor spaces where visitors are rDtrector'`F� able to directly interact with the animals. Admission may be free or fee-based.5 4 �r � NUI NU2 NL NU4 NUS URl UR2 UR3 I URA I URS I CR CC CN BP I X X X I X I X I X X X X X X X X X I X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 42 • • • Chapter 17.46 Agricultural Use Types 1. Horticulture A. Y ;, p gNM Includes the growing of fruits, vegetables, flowers, or ornamental plants Mdemnd t treor cte a. Residential Use Only - includes the growing of fruits, vegetables, flowers, or ornamental plants on a residential property for the sole use of the residents of that property and are not sold. NUl NU2 NU3 NU4 NUS I URI JUR2 UR3 UR4 URS CR I CC CN I BP I I P I P I P I P I P I P I P I P I P I P I P I P I P I P I P b. For Commercial Sale - includes the growing of fruits, vegetables, flowers, or ornamental plants for either retail or wholesale u oses. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C I C C C C C C X I X X M M M P P c. Within Public Utility Easements - includes the growing of fruits, vegetables, flowers, or ornamental plants within public utility easements and may include wholesaling. NUI NU2 NU3 NU4 NU5 I URI I UR2 I UR31 UR4 I UR51 CR CC CN BP I P p P P P P P P I P I P I P P P P P 2. Farmers Market %, Parking An occasional or periodic market held in an open or enclosed structure where groups of Asdetectnin`1ed by the individual sellers offer fruits, vegetables, flowers, ornamental plants, honey, eggs, and Director similar agricultural products, baked/cooked goods, beverages, and crafts for sale to the public. - a. Permanent NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 I URS CR CC CN BP I C C C C C C C C C I C I M M M M M b. Temporary NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 i UR51 CR I CC I CN I BP I I T T T T T T T T T T I T I T I T I T I T 3. Farm Worker Housing ,Warkrng, Includes detached or attached, seasonal or permanent housing units for employees of a mtnyhe commercial agricultural operation. or, eb, NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR ICCICNIBP I I X I X I X X X I X I X X I X I X I X I X I X I X X 4. Keeping of Animals % ' Earktng Includes the keeping and raising of animals for either personal or commercial purposes. The following are keeping of animals use types: ,As detetnnned bythe Director e, a. Beehives - includes the keeping of containers for housing honeybees. (1) 1 to 3 beehives NUI NU2 NU3 I NU4 I NU5 I URI UR2 UR3 I UR4 I UR5 I CR I CC I CN I BP I I January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 43 P I P I P I M I M I X I X I X I X I X I X X X X X (2) 4 or more beehives NUI I NU2 I NU3 NU4 I NU5 I URl UR2 I UR3 I UR4 I UR51 CR CC CN BP I P P PI C.1 C I X I X I X X I X I X I X I X I X X b. Dairies - includes facilities in which cows (or other animals) are raised and kept for their milk production. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X C c. Feedlot, Livestock - includes facilities with confined area, structures, pens, or corrals in which livestock are kept in order to feed and fatten the livestock prior to final shipment and not operated in conjunction with a bona fide farm. NU1 NU2 NU3 NU4 NU5 URIUR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X I X X X X X X X X I C d. Hog Ranches - includes facilities with confined areas, structures, pens, or corrals in which hogs are raised or kept. Does not include other use types identified in this section. NUI NU2 NU3 I NU4 NUS I URI I URI I UR3 IUR4 UR5 CR CC CN BP I X X X I X I X I X I X I X 1X X X1 X I X I X I C e. Large Animals - includes the keeping of large animals including cows, horses, pigs, and similar animals which, when fully grown, weigh over two hundred, fifty (250) pounds. Does not include other use types identified in this section. The keeping of large animals shall be in accordance with Section 17.62.020 (Keeping of Large Animals). NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS I CR CC I CN I BP I P P P P P P P P P P X _X1 X M M L Small Animals - includes the keeping of small animals, such as birds, cats, dogs, goats, rabbits, sheep, and similar animals which, when fully grown, weigh less than two hundred, fifty (250) pounds. Does not include other use types listed in this section. The keeping of small animals shall be in accordance with Section 17.62.030 (Keepingof Small Animals). NUl NU2 NU3 NU4 NUS UR1 UR2 UR3 UR4 UR5 CR CC CN BP I P I P I P P I P P P P P P P P P P P g. Wild, Exotic, or Educational Purposes - includes the keeping of wild, exotic, or non-domestic animals, including antelopes, armadillos, badgers, beavers, camels, deer, emus, foxes, giraffes, kangaroos, koalas, minks, ostriches, otters, peacocks, porcupines, prairie dogs, raccoons, seals, wallabies, zebras, or other similar animals which, in the opinion of the Director, are neither more obnoxious, nor detrimental to the public welfare than the animals listed. NU1 NU2 NU3 I NU4 I NUS I URI I UR2 UR3 I UR4 I URS CR CC CN BP I M M M I M I M I C X I XI X Ix I X X X X X 5. Keeping of Animals for Educational Purposes `Pa`rkrng Includes the keeping of large or small animals for educational purposes, including 4h �A„.s deterrninedrby the a Head, Hand, Heart, and Health of FFA(Future Farmers of America). Director"`+ t, a. Small Animals - includes the keeping of small animals, such as birds, cats, dogs, goats, rabbits, sheep, and similar animals which, when fully grown, weigh less than three hundred (300) pounds. The keeping of small animals shall be in accordance with Section 17.62.030 Kee ing of Small Animals). NU1 I NU2 I NU3 I NU4 I NUS I URI I UR2 I UR3 I UR4 I URS I CR. I CC CN BP I January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 44 • n LJ • • P P I P I P I P I P I P I M I M I M I X I X I X I X I X b. Large Animals - includes the keeping of large animals including cows, horses, pigs, and similar animals which, when fully grown, weigh over three hundred (300) pounds. Does not include other use types identified in this section. The keeping of large animals shall be in accordance with Section 17.62.020 (Keeping of Large Animals). NUI NU2 NU3 NU4 NU5 UR1 UR2 I UR3 I 1JR4 UR51CRICCICNI BPI I P P P P P P P I M M I M I X I X I X I X I X 6. Riding TrailsPa king Include trails intended for the riding of horses.Xs dete mined by the T= ,FD�rector NU1 NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P I P I P P P P P P P P P 7. Wildlife Preserves and Sanctuaries -r arm _ Includes land or area intended to protect and preserve wildlife and/or wildlife habitat. fa: 4u.'f1:1W1Mtl �As"`determuted by"�thei . Director NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BPHx' P P P P P P C X X X X X X X January 2013 i DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 45 Chapter 17.47 Temporary Use Types 1. Temporary Residence ?P,arlung z Includes the use of a mobile home as a temporary residence during construction of a residence on the same site. Temporary residences shall be in accordance 12s6a6es'per umt ` permanent with Chapter 17.67 (Temporary Uses). �r� o d a. Short Term - Up to twelve (12) months. NU1 NU2 NU3 NU4 NU5 URI UR2 I UR3 UR4 I UR51 CR CC CN BP I T T T T T T T I T T I T I T T T T T b. Long Term - Over twelve (12) months. NU1 NU2 NU3 NU4 NU5 URI UR2 I UR3 I UR4 I UR51 CR I CC CN BP I M M M M M M M I M I M I M I M M M M M Mi 2. Temporary Real Estate Offices , 11s� rW09, , Includes offices for the sale of lots on the tract upon which the office is located for not A-o-mRtifr 5' ` .ny -' 1 space,per 250xsquare more than two (2) years. Temporary real estate offices shall be in accordance with 1111114, �_k dq Meet of officesspace.' ¢ Chapter 17.67 (Temporary Uses). NUI I NU2 INU3 INU41NU5 I URI JUR2 JUR3 JUR41UR51 CR CC CN BP I T I T I T I T I T I T I T I T I T I T I T T T T T 3. Holiday Salesh Parking ; Includes any temporary event intended primarily for the sales and celebration of an M,additionahparkmg event or holiday in accordance with Chapter 17.67 (Temporary Uses). Such uses tregmred for on an ids.' include, but are not limited to, Christmas tree sales lots, Halloween pumpkin sales, and existing�develope'fi other holiday sales. pa"reel,"a destgnated; ;parking area`kshall Kprov�ded+totlie� �,�r�=fie sahsfact on of Yhet �Director�fortthe itemporary use ofaan �. rtd1ry K{`x `5Y`"1 S u3w � y A undeveloped arcel��.:; NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 T T T T T T T T T T T T T T T 4. Temporary Uses Includes temporary uses prescribed in Chapter 17.67 (Temporary Uses) of this code. A"s detemimed byathe , Directd`r NUI NU2 NU3 I NU4 I NU5 URI UR2 I UR3 UR4 URS CR CC CN BP I T T T I T I T I T T I T T I T I T T T T I T January 2013 1 DRAFT Division 17.40— Use Classifications and Required Parking (17.41-17.49) Page 46 0 • • • Chapter 17.48 Accessory Structures and Uses Use Types 1. Accessory Structure A building or structure detached from the main building, on the same lot, which is customarily incidental and subordinate to the main building or to the main use of the property. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P 2. Accessory Use A use that is incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which does not alter the principal use of such lot or building nor serve property other than the lot or parcel of land on which the principal use is located. NUl NU2 I NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR I CC I CN I BP I P P P P P P P P P P P P P P P 3. Carports a. Carports used as required parking for multifamily or non-residential uses NUl I NU2 I NU3 I NU4 I NUS I URI I UR2 I UR3 UR4 I URS I CR I CC I CN I BP I M M M M M M M M M M M M M M M b. Carports used as accessory to required parking for single family uses NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P c. Car orts for residential or non-residential uses with solar panels NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 4. Incidental Services for Employees Includes services offered to employees on a site occupied by a permitted or conditionally permitted use including day care, recreational facilities, showers, and locker rooms. NUI NU2 NU3 NU4 NU5 URI I UR2 UR3 I UR4 I UR5 I CR I CC I CN I BP I P P P P P P P P__1 P P I P I P I P I P I P 5. Live Entertainment Includes any live show, performance, singing, dancing, or artistic interpretation provided for the amusement of one or more persons but does not alter the nature and function of the primary use. a. Indoor NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P M M M M b. Outdoor NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X M M X X X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 47 6. Shared Private Water Well Shall be a private water well that is shared by more than one parcel of land not under the same ownership. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C X X X X X X X X X 7. Temporary Accessory Use of Publicly Owned Facilities X Includes any temporary use of a publicly owned or operated building which does not substantially alter the facilit 's use. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 48 • • Ll • Chapter 17.49 Development Activities/Miscellaneous Use Types 1. Development Activity on Protected Ridgelines All development on a protected ridgeline shall be in accordance with Section 17.38.070 (RP — Ridgeline Preservation Overlay Zone) and Section 17.51.020 Hillside Development) of this Code. NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR I CC CN I BP I R R R R R R R R R R R R R R R 2. Development Activity on Natural Slopes Development activity on natural slopes on all or part of the developable portions of the property shall be in accordance with Section 17.51.020 Hillside Development) of this Code. a. Less than ten (10) percent average. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P b. Ten (10) percent to fifteen (15) percent average. NUI NU2 NU3 NU4 NU5 U UR2 UR3 UR4 UR5 CR CC CN BP I H H H H H H I H H H H H H H H H c. Greater than fifteen (15) percent average. NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CNBP I H H H H H H H H H H H H H H H 3. Grading Cut and Fill of any Combination Thereof a. Between one hundred (100) and one thousand, five hundred (1,500) cubic yards on natural slopes greater than ten 10percent average. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P b. Greater than one thousand, five hundred (1,500) cubic yards on natural slopes greater than ten (10) percent average. NUI NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I H H H H H H H H H H H H H H H 4. Off -Site Transportation of Earth Includes the movement of earth either to or from a location off-site. a. Less than ten thousand (10,000) cubic yards. NUl NU2 NU3 NU4 NU5 L UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P I P I P I P P P P P P P b. Between ten thousand (10,000) and one hundred thousand (100,000) cubic yards. NUl I NU2 I NU3 I NU4 I NUS I L UR2 UR3 UR4 I URS I CR I CC CN BP I M M M M M M M M M M M M M M M c. Greater than one hundred thousand (100,000) cubic yards. NUl I NU2 I NU3 I NU4 I NUS I URI I UR2 I UR3 I UR4 I URS I CR I CC I CN I BP I January 2013 1 DRAFT Division 17.40—Use Classifications and Required Parking (17.41-17.49) Page 49 C C C I C I C C C C C C C C C C C 5. Cluster Development Cluster development shall be in accordance with Section 17.68.020 (Cluster Developments) of this Code. NU1 NU2 NU3 NU41 NUS URlUR2 UR3 UR4 UR5 CR CC CN BP I C C C C C C C C C C X X X X X 6. Affordable Housing Affordable housing density bonus shall be in accordance with Section 17.68.030 (Density Bonus Requirements) of this Code. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR I CC I CN I BP I X X X X X X X P P P X X X X X 7. Amenities Density or FAR Bonus Amenities density and FAR bonuses shall be in accordance with Section 17.68.030 (Density Bonus Requirements) of this Code. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C C C C C C I C C C X X 8. Railroad Rights -of -Way Includes the following uses within railroad rights-of-way a. Operational Activities - Includes activities related to the operation of the railroad, including, but not limited to, stations, transit stops, and park and ride facilities. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X I X b. Accessory Activities/Uses - Includes trails, bike paths, sidewalks, picnic areas, passive park activities, and landscain . NU1 NU2 I NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X I X I X X X X X X X X X X X X X c. Storage - Includes the storage of any materials, vehicles, goods, and supplies not related to subsection (8) (a) of this section. NUl NU2 NU3 I NU4 I NU51 URI I UR2 I UR3 I UR4 UR5 I CR I CC I CN I BP I I X I X I X I X I X I X I X I X I X X I X I X I X IX I X January 2013 1 DRAFT Division 17.40 — Use Classifications and Required Parking (17.41-17.49) Page 50 0 E E 0 Ile Division 17.50 Development Standards Chapter 17.51 Property Development Standards — All Zones Chapter 17.53 Property Development Standards — Commercial and Industrial Chapter 17.55 Property Development Standards — Mixed Use Chapter 17.57 Property Development Standards — Residential January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 1 January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 2 0 i • • Chapter 17.51 SECTIONS: Property Development Standards: All Zones. 17.51.010 Development Impact Fees. 17.51.020 Hillside Development. 17.51.030 Landscaping and Irrigation Standards. 17.51.035 Noise Standards. 17.51.040 Oak Tree Preservation. 17.51.050 Outdoor Lighting Standards. 17.51.060 Parking Standards. 17.51.070 Road Dedication, Improvements and Other Requirements. 17.51.080 Sign Regulations (Private Property). January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 3 17.51.010 Development Impact Fees. SUBSECTIONS: A. Jurisdictional Pass -Through Fees. B. Law Enforcement Facilities Fee. C. Library Facilities and Technology Mitigation Fee D. Major Bridge and Thoroughfare Fees. E. Parkland Mitigation or In -Lieu Fee. F. Transit Facilities Mitigation Fee. A. Jurisdictional Pass -Through Fees. The purpose of this subsection is to establish that from time to time the Council will adopt resolutions that will enable the City to collect mitigation fees for non -City agencies to implement goals and policies of the General Plan which includes goals and policies to promote an equitable distribution of the costs and benefits of governmental actions; promote a distribution of population consistent with service system capacity and resource availability; seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and give priority to upgrading existing public facilities in areas lacking adequate facilities. The Los Angeles County Fire Facilities Mitigation Fee is an example of a pass-through fee. B. Law Enforcement Facilities Fee. Purpose. The purpose of this subsection is: a. To implement goals and policies of the General Plan which includes goals and policies promote an equitable distribution of the costs and benefits of governmental actions; promote a distribution of population consistent with service system capacity and resource availability; seek to maintain a balance between the need for public facilities; and give priority to upgrading existing public facilities in areas lacking adequate facilities; b. To mitigate adverse impacts due to the inadequacy of law enforcement facilities that might otherwise occur due to new development; and C. To comply with the procedures for adoption of developer fees contained in the Mitigation Fee Act, (Section 66000, et seq. of the State Government Code). 2. Establishment of Law Enforcement Facilities Mitigation Fee. a. This subsection establishes a law enforcement facilities mitigation fee. The amount of the fee to be imposed on a new residential, commercial, office, and/or industrial development and shall not exceed the estimated reasonable cost of providing law enforcement. facilities for such residential, commercial, office, and/or industrial development projects. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 4 E is b. The law enforcement facilities mitigation fee shall be a uniform fee within the City based on the estimated cost of providing the projected law enforcement • facility needs. 3. Annual Review of Fee. a. The amount of the fees established by subsection (2), above, shall be reviewed annually by the Council, in consultation with the Sheriff. Each year, the law enforcement facilities fee shall be adjusted based on the Consumer Price Index (CPI) as determined by the Council and the fee shall adjust by said percentage amount and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of providing the applicable law enforcement facilities. b. If it is determined that the reasonable amount necessary to recover the cost of providing the law enforcement facilities exceeds the fee as adjusted by subsection (3) (a), above, an alternative fee proposal may be presented to the Council for consideration. Such alternative fee proposal may reflect changes in the actual cost of completed law enforcement facilities projects or, if such projects have not been completed, then the estimated cost of the proposed law enforcement facilities. The proposal may also reflect changes in the law enforcement facilities proposed as well as the availability or lack of other funds with which to provide such facilities. C. An alternative fee proposal may be presented to the Council for approval as may be necessary to insure that the law enforcement facilities mitigation fee is a fair and equitable method of distributing the costs of the law enforcement facilities necessary to accommodate the law enforcement needs generated by the development of land in the City. 4. Applicability. a. The provisions of this subsection shall apply to new development projects including any new tract map, parcel map, discretionary permit, building permit, other land use permit, or other entitlement for a new development which requires approval by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy to construct or change the use of a building, or property for residential, commercial, office, and/or industrial use shall be approved unless payment of the law enforcement facilities mitigation fee is made a condition of approval for any such entitlement. b. Additionally, the fees provided for in this subsection shall be imposed upon a lot which has been previously improved with a building unit whenever a building permit is issued for a new building unit on an adjoining lot under common ownership and which new unit constitutes, in effect, an addition of 1,000 square feet, or more, when constructed, or an expansion of use of the previously improved parcel. Such fee shall be calculated upon the total square footage of new • January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 5. construction and paid by every person or entity for which a building permit is issued. 5. Time of Payment of Fee. a. No building or similar permit for any new development project shall be issued until the applicant has paid the applicable law enforcement facilities mitigation fee to the City. In the event that an applicant desires to proceed only with development of a portion of the development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total law enforcement facilities mitigation fee for the project to the satisfaction of the City. b. Notwithstanding the provisions of subsection (5) (a), above, payment of the law enforcement facilities mitigation fee for projects for occupancy by lower income households meeting the criteria set forth in Section 66007(b)(2)(A) of the State Government Code shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first. Where payment of the fees may only be collected on the date of final inspection or the date the certificate of occupancy is issued as provided in this subsection, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Section 66007 of the State Government Code. • 6. Exemptions from Fee. The following shall be exempt from the provisions of this subsection: a. Notwithstanding the provisions of subsection (4) (a), above, additions to residential structures that are less than 2,000 square feet in size shall not be subject to the fees otherwise required by this section. b. No fee imposed by this subsection shall be imposed upon the issuance of building permit for the restoration of existing buildings, or buildings damaged by fire, or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof, does not exceed the original gross floor area. For purposes of this subsection, "gross floor area" shall be determined by the City Engineer, or his designee and excludes accessory structures such as decks, patios, barns, sheds, and kiosks. 7. Deposit and Use of Fees Collected. All law enforcement facilities mitigation fees received by the City shall be deposited in a special law enforcement capital facilities fund and expended solely for the purposes for which the fee was collected. A separate law enforcement capital facilities fund account shall be established for each of the three law enforcement facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 6 acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing law enforcement facilities and for no other purpose. All interest income earned is shall be credited to each account, and shall be used solely for the purposes for which the fee was collected. 8. Consideration in Lieu of Fee. a. The City may accept substitute consideration in lieu of the law enforcement facilities mitigation fee required pursuant to this section, provided the City finds that the proposed substitute consideration: i. Has a value equal to or greater than the applicable law enforcement facilities mitigation fee otherwise due; ii. Is in a form acceptable to the City; and iii. Is within the scope of the applicable law enforcement facilities project. b. The City may accept substitute consideration in lieu of a portion of the law enforcement facilities mitigation fee required pursuant to this section where they find that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable law enforcement facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference • between the value of the substitute consideration, as solely determined by the City, and the amount of the otherwise required fee. 9. Reimbursement. The provisions of subsection (8), above, shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of law enforcement facilities paid by the developer which exceeds the need for the law enforcement facilities attributable to and reasonably related to the development. 10. Alternative Method. This subsection is intended to establish an alternative method for the financing of public law enforcement facilities, the need for which is generated directly or indirectly by new development projects. The provisions of this subsection shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Council is authorized to impose as a condition to approving new development pursuant to state and local laws. C. Library Facilities and Technology Mitigation Fee. No land use permit or entitlement for a residential use shall be approved unless payment of the library facilities and technology mitigation fee is made a condition of approval for any such entitlement. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 7 2. The library facilities and technology mitigation fee is established by separate resolution of the Council. 3. The amount of the fee established shall be reviewed annually by the City. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the applicable library facilities. 4. No building or similar permit for residential use shall be issued and no new residential use of an existing building shall occur until the applicant has paid the applicable library facilities and technology mitigation fee to the Building and Safety Division of the City. In the event that an applicant desires to proceed with development of a portion of the residential development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total library facilities and technology fee for the project to the satisfaction of the Director. 5. The provisions above shall apply to payment of the library facilities and technology mitigation fee for a residential development project if the fee will reimburse the City for expenditures already made, or if the City of subsection (4) of this section has previously adopted a capital improvement plan or proposed construction schedule and has established an account and appropriated funds for the library facilities to be financed by the fee. In all other cases, notwithstanding the provisions of this section, payment of the fee for a residential development project shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first dwelling in the development, whichever occurs first. In such cases, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Government Code Section 66007. 6. Additions or modifications to existing residential units; provided, that such additions or modifications do not increase the number of households that can be housed in such residential units. shall be exempt from the provisions of this section: 7. All library facilities and technology fees received by the City shall be deposited in a special library capital facilities fund and expended solely for the purposes for which the fee was collected. A separate library capital facilities fund account shall be established by the City. All interest income earned shall be credited to the account and shall be used solely for the purposes for which the fee was collected. 8. The City Manager or designee may accept substitute consideration in lieu of the library facilities fee required pursuant to this section, provided the City Manager or his or her designee finds that the proposed substitute consideration: a. Has a value equal to or greater than the applicable library facilities fee otherwise due; b. Is in a form acceptable to the City Manager or designee; and • January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 8 C. Is within the scope of the applicable library facilities project. • 9. The City Manager or designee may accept substitute consideration in lieu of a portion of the library facilities mitigation fee required pursuant to this section where the City Manager or designee finds that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable library facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City Manager or designee, and the amount of the otherwise required fee. 10. The provision referenced in subsection (9) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of library facilities paid by the developer which exceeds the need for the library facilities attributable to and reasonably related to the development. 11. This section is intended to establish an alternative method for the financing of public library facilities, the need for which is generated directly or indirectly by a residential development project or projects. The provisions of this section shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose but shall be in addition to any other fees or requirements that the City is authorized to impose as a condition to approving new development pursuant to State and local laws. • D. Major Bridge and Thoroughfare Fees. 1. A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways, and canyons, and/or constructing major thoroughfares. 2. The provisions herein for payment of a fee shall apply only if the bridge and/or major thoroughfare has been included in an element of the General Plan adopted by the Council at least thirty (30) days prior to the filing of a map or application for a building permit on land located within the boundaries of the area of benefit. 3. Payment of fees shall not be required unless any major thoroughfares are in addition to or a widening or reconstruction of any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. 4. Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. 5. Establishing a new area of benefit. January 2013 1 DRAFT Division 17.50— Development Standards (17.51-17.57) Page 9 a. Action to establish an area of benefit may be initiated by the Council upon its own motion or upon the recommendation of the City Engineer. b. The Council will set a public hearing for each proposed area benefitted. Notice A the time and place of said hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given pursuant to Section 65905 of the Government Code. 6. Process for a new area of benefit. a. At the public hearing, the Council will consider the testimony, written protests and other evidence. At the conclusion of the public hearing, the Council may, unless a majority written protest is filed and not withdrawn, determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder. b. Such apportioned fees shall be applicable to all property within the area of benefit, and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the Council shall make provision for payment of the share of improvement cost apportioned to such lands from other sources. C. Any written protest will be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned and the Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protest may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing. d. If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection (5) of this section. C. Nothing in this section shall prohibit the Council, which in such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvement so protested against if it finds, by the • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 10 affirmative vote of four-fifths of its members, that the owners of more than one- half of the area of the property to be benefited are in favor of going forward with • such improvements or portion thereof. 7. Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility project and/or each planned major thoroughfare project. If the benefit area is one in which more than one bridge and/or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects and/or major thoroughfares in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement. 8. The Council may approve the acceptance of considerations in lieu of the payment of fees established herein. 9. The Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility and/or major thoroughfare funds established pursuant to this section. 10. if a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider's property in the resolution establishing the area of benefit. If the bridge and/or major thoroughfare funds covers more than one project, reimbursements shall be made on a pro rata basis, reflecting the actual or estimated costs of the projects covered by the fund. 11. Except as otherwise provided in this document, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a major bridge or thoroughfare district established by the City, unless the required district fee has been paid as a condition of issuing a building permit. 12. This fee does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel land, if the total value of such alteration, enlargement or construction does not exceed one-half of the current market value of existing buildings or structures on such lot or parcel of land. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page I I E. Parkland Dedication or In -Lieu Fee. Applicability. The provisions of this section shall govern: • a. At the time of approval of a subdivision for a tentative tract map, tentative parcel map, or vesting map, the Approving Authority shall determine, pursuant to subsection (5) below, the land required for dedication, in -lieu fee payment, or combination of both. As a condition of approval of a final map, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for neighborhood and community park or recreational purposes in accordance with the standards herein, the General Plan, and the formulas contained in this section. However, only the payment of fees shall be required in subdivisions of fifty (50) or fewer parcels, except that when a condominium project, stock cooperative or a community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50); b. Any application for a building permit to construct or install one or more multiple - family dwelling units on one or more contiguous parcels of land; C. Any application for a land development permit to construct or install residential units in a mobilehome park or similar development on one or more contiguous parcels of land. 2. General Standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that a minimum of three (3) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community park recreational purposes. The General Plan does state that a goal of five (5) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community park recreational purposes. 3. General Procedural Requirements. Land dedicated shall be conveyed by grant deed in fee simple absolute to the City free and clear of all encumbrances, except those that do not interfere with the use of the property for park or recreational purposes. The developer shall provide all fees and instruments necessary to convey the land plus a preliminary title report and title insurance in favor of the City prior to approval of the parcel or final map. When fees are required, they shall be deposited with the City prior to the approval of the parcel or final map and shall be disposed of pursuant to subsection (J) below. 4. Determination of Land or Fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the determination shall consider the following: The natural features, access, and location of land in the subdivision available for dedication; January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 12 2. The size and shape of the subdivision and land available for dedication; • 3. The feasibility of dedication; 4. The compatibility of dedication with the General Plan; and, • • 5. The location of existing and proposed park sites and trails. Nothing in this subsection shall be interpreted to prohibit, or limit in any manner, the City from determining the location and configuration of land to be dedicated. The determination of the Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 5. Formula for Dedication of Land. Where a park or recreation facility has been designated in the General Plan, and is to be located in whole or in part within the proposed subdivision or other project site to serve the immediate and future needs of the residents of the subdivision and/or project, the developer shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula: Average number of 3 acres per Number of = minimum acreage persons/unit* 1,000 persons dwelling units dedication X (5 acres per 1,000 persons is encouraged) X * Persons per dwelling unit: The average number of persons per unit shall be as determined by the latest State Department of Finance (DOF) population and housing estimates for the planning area. The developer shall, in addition to the dedicated land required by this section, and to the satisfaction of the Director of Parks, Recreation and Community Services, provide the following non -park and residential improvements as may be required by the conditions of approval for the project: a. Full street improvements and utility connections including, but not limited to, curbs, gutters, grading, walkways and walkway lighting, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this subsection; b. Fencing or walls, subject to the approval of the Director of Parks, Recreation and Community Services, along the property line of that portion of the subdivision contiguous to the dedicated land; and C. Improved drainage throughout the site. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 13 The land to be dedicated and the improvements to be made pursuant to this section shall be subject to the satisfaction of the Director of Parks, Recreation and Community Services and shall conform to the City's guidelines for park dedications. • The developer may provide, subject to City approval, park and recreational amenities such as automatic irrigation systems, lawns, and/or play equipment as long as a credit is provided to the developer consistent with subsection (12) below. 6. Criteria For Requiring Both Dedication and Fee. In subdivisions of more than fifty (50) parcels, or the construction of 50 new multifamily units or the placement of 50 additional mobilehomes, the developer may be required by the City to satisfy the park requirement through a combination of both land dedication and payment of a fee in accordance with the following formula: a. When only a portion of the land to be subdivided is proposed on the General Plan, as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection (8) below, hereof shall be paid for the value of any additional land reasonably required to provide park or recreational facilities to serve the subdivision, plus twenty (20) percent toward costs of off-site improvements that would have been required to be dedicated pursuant to subsection (5) above. b. When a major part of the local park or recreation site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated and a fee computed • pursuant to the provisions of subsection (8) below. The fee shall be paid in an amount equal to the value of the land which would have otherwise been required to be dedicated pursuant to subsection (5), above, plus twenty (20) percent toward the cost of off-site improvements, which would have otherwise been required to be dedicated pursuant to Section 17.51.010 (E) (12) (Developer Provided Park and Recreation Improvements). The fees shall be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the planning area serving the subdivision. 7. Amount of Fee in Lieu of Land Dedication. When a fee is to be paid in lieu of land dedication, the value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to subsection (5) above plus twenty (20) percent toward the cost of off-site improvements, such as extension of utility lines. The fee shall be determined by the following formula: U x Population x 3 acres x FMV = subtotal x 6/5 = in lieu fee Per DU 1,000 people Buildable (5 acres per acres 1,000 persons is encouraged) January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 14 DU = the number of new dwelling units based upon the number of residential units indicated on the final map or development plan when it is recorded and when in an area • zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. In the case of a residential development without a subdivision, the number of dwelling units shall be that number of new dwelling units that is approved with the project approval. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map or development plan is filed. Population = Population per dwelling unit FMV = Fair market value, as determined by subsection (8) below. Buildable acres = A typical acre of the project site, with a slope less than three (3) percent, and located in an area where building is not excluded because of flooding, easements, or other restrictions. 8. Determination of Fair Market Value. a. If it is determined by the City that a fee is to be paid in lieu of dedication of land, the amount of the fee shall be based on the fair market value of the amount of • land which would otherwise be required to be dedicated. The amount shall be determined in accordance with the following formula: number of acres of land that would otherwise be required to be dedicated multiplied by the average fair market value of an acre of land within the residential development. b. Computation of the average fair market value of an acre of land within the residential development shall be consistent with the zoning of the property at the time the application for a building permit is approved by the City, and shall be based on the following procedure: i. The City and the developer may negotiate and thereafter agree as to the average fair market value; ii. If agreement cannot be reached, a developer may, at its own expense, obtain an appraisal of the land by a certified Member of Appraisal Institute (MAI) real estate appraiser, which appraisal may be accepted by the City if found to be reasonable; or iii. If the City is not satisfied with the developer's appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the developer pays, which appraisal shall utilize generally accepted and recognized methods of real estate appraisal. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 15 C. Unless a developer retains its own appraiser, the City's initial determination of average fair market value, as provided for in subsection (2) (a) of this section, shall be final and conclusive. If the City does not accept a developer's appraisal 0 its subsequent appraisal, pursuant to subsection (b) (iii) of this subsection, shall be final and conclusive. 9. Credit for Private Open Space. Credit shall not be given for private open space in the subdivision or project site except as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development, real estate development, stock cooperative, community apartment project, or condominium project as defined in Section 11003 et. seq. of the Business and Professions Code, partial credit, not to exceed thirty (30) percent, shall be given against the requirement of land dedication or payment of fees in lieu thereof. Credit shall only be given when the Approving Authority finds that it is in the public interest to do so and that all the following standards are met: a. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; b. The private open land and private park and recreation facilities thereon shall be owned by the developer or a homeowners' association composed of all property owners in the subdivision and incorporated as a nonprofit mutual benefit organization under State law, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each • lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; C. Use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor and which are submitted to the City prior to the approval of the parcel or final map or building permit; d. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; e. Facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and f The amount of the credit may be based on the commitment of the developer to install on the private open space any of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area: January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 16 • i. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits, such as soccer, golf, baseball, softball, and is football, and have at least three acres of maintained turf with less than three (3) percent slope. ii. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development. iii. Court areas, which are generally, defined as tennis courts, badminton courts, shuffleboard courts, or similar hard -surfaced areas especially designed and exclusively used for court games. iv. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, turfed area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of not less than fifteen (15) square feet of water surface area for each three (3) percent of the population of the development with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool. 10. Disposition of Fees. Fees determined pursuant to subsection (7) above shall be paid to the City and deposited into the account for the purchase or development of parklands or its successor. Money in said account, including accrued interest, shall be expended solely • for the acquisition or development of park land, or improvements related thereto or rehabilitating existing park or recreational facilities within the planning area. If the development project is rejected or withdrawn, the fees shall be returned without interest to the applicant. The City shall use the collected fees for park or recreational purposes to serve residents of the project site and planning area within five (5) years upon receipt of payment or within five (5) years after the issuance of building permits on one-half of the units created by the subdivision, whichever occurs later. If the fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision or the project site in the same proportion that the size of their parcel bears to the total area of all parcels in the project. The Director of Administrative Services shall report to the Council at least annually on income, expenditures, and status of the parkland trust fund. 11. Exemptions. Subdivisions containing less than five (5) parcels and not used for residential purpose shall be exempted from the requirements of this section; provided, however, that a condition shall be placed on the approval of a tentative parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) years after the map is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such ® building permit. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 17 The provisions of the section do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives, which consist of the • subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added. 12. Developer Provided Park and Recreation Improvements. The value of any park improvements together with any equipment provided by the developer to the dedicated land, with the exception of those non -park and recreational improvements required as conditions of approval shall be credited against the fees or dedication of land required by this section. The Approving Authority reserves the right to approve the park and recreation improvements and equipment prior to agreeing to accept the dedication of land and to require in -lieu -fee payments should the land and improvements be unacceptable. 13. City to Accept Land and Fees. Land or fees required under this section shall be conveyed or paid directly to the City. The City shall develop and make available for public inspection a schedule specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities to serve residents of the project site and planning area. 14. Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street. The Approving Authority may waive this requirement if it determines that public street access is unnecessary for the maintenance of the park area or use thereof by residents. 15. Sale of Dedicated Land. If, during the ensuing time between dedication of land for park • purposes and commencement of first -stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the project site and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold or exchanged upon the approval of the Council with the resultant proceeds from the sale, if applicable, being used for purchase of the more suitable site. F. Transit Facilities Mitigation Fee. 1. Purpose. The purpose of this section is: a. To implement goals and policies of the General Plan which includes goals and policies promote an equitable distribution of the costs and benefits of governmental actions; promote a distribution of population consistent with service system capacity and resource availability; seek to maintain a balance between increased intensity of development and the capacity of needed public facilities; and give priority to upgrading existing public facilities in areas lacking adequate facilities; b. To mitigate adverse impacts due to the inadequacy of transit facilities that might otherwise occur due to new residential development; and January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 18 • • C. To comply with the procedures for adoption of developer fees contained in the Mitigation Fee Act, (Section 66000, et seq. of the State Government Code). 2. Establishment of Transit Facilities Mitigation Fee. a. This section establishes a transit facilities mitigation fee. The amount of the fee to be imposed on a new residential development and shall not exceed the estimated reasonable cost of providing transit facilities for such residential development projects. b. The transit facilities mitigation fee shall be a uniform fee within the City zone based on the estimated cost of providing the projected transit facility needs. 3. Annual Review of Fee. a. The amount of the fees established by subsection (B), above, shall be reviewed annually by the Council. Each year, the transit facilities fee shall be adjusted based on the Consumer Price Index (CPI) as determined by the Council and the fee shall adjust by said percentage amount and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of providing the applicable transit facilities. b. If it is determined that the reasonable amount necessary to recover the cost of providing the transit facilities exceeds the fee as adjusted by subsection (C) (1), above, an alternative fee proposal may be presented to the Council for consideration. Such alternative fee proposal may reflect changes in the actual cost of completed transit facilities projects or, if such projects have not been completed, then the estimated cost of the proposed transit facilities. The proposal may also reflect changes in the transit facilities proposed as well as the availability or lack of other funds with which to provide such facilities. C. An alternative fee proposal may be presented to the Council for approval as may be necessary to insure that the transit facilities mitigation fee is a fair and equitable method of distributing the costs of the transit facilities necessary to accommodate the transit needs generated by the development of land in the City. 4. Applicability. a. The provisions of this section shall apply to new residential development projects including any new tract map, parcel map, discretionary permit, building permit, other land use permit, or other entitlement for a new development which requires approval by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy to construct or change the use of a building, or property for residential, commercial, office, and/or industrial use shall be approved unless payment of the transit facilities mitigation fee is made a condition of approval for any such entitlement. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 19 b. Additionally, the fees provided for in this section shall be imposed upon a lot which has been previously improved with a building unit whenever a building® permit is issued for a new building unit on an adjoining lot under common ownership and which new unit constitutes, in effect, an addition of 2,000 square feet, or more, when constructed, or an expansion of use of the previously improved parcel. Such fee shall be calculated upon the total square footage of new construction and paid by every person or entity for which a building permit is issued. 5. Time of Payment of Fee. a. No building or similar permit for any new residential development project shall be issued until the applicant has paid the applicable transit facilities mitigation fee to the City. In the event that an applicant desires to proceed only with development of a portion of the development project, the applicant may obtain building permits for that portion of the project after paying a proportional share of the total transit facilities mitigation fee for the project to the satisfaction of the City. b. Notwithstanding the provisions of subsection (5) (a), above, payment of the transit facilities mitigation fee for projects for occupancy by lower income households meeting the criteria set forth in Section 66007(b) (2) (A) of the State Government Code shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first. Where payment of the fees may only be collected on the date of final inspection or the date the certificate of occupancy is issued as provided in this subsection, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Section 660007 of the State Government Code. 6. Exemptions from Fee. The following shall be exempt from the provisions of this subsection: a. Notwithstanding the provisions of subsection (4) (a), above, additions to residential structures that are less than 2,000 square feet in size shall not be subject to the fees otherwise required by this section. b. No fee imposed by this Section shall be imposed upon the issuance of building permit for the restoration of existing buildings, or buildings damaged by fire, or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof, does not exceed the original gross floor area. For purposes of this subsection, "gross floor area" shall be determined by the City Engineer, or his designee and excludes accessory structures such as decks, patios, barns, sheds, and kiosks. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 20 7. Deposit and Use of Fees Collected. All transit facilities mitigation fees received by the City shall be deposited in a special transit capital facilities fund and expended solely for • the purposes for which the fee was collected. A separate transit capital facilities fund account shall be established for each of the three transit facilities fee zones. All funds from the imposition of fees provided herein shall be deposited into such accounts to be used exclusively for the purpose of land acquisition, engineering, construction, installation, purchasing, or any other direct cost of providing transit facilities and for no other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected. 8. Consideration in Lieu of Fee. a. The City may accept substitute consideration in lieu of the transit facilities mitigation fee required pursuant to this subsection, provided the City finds that the proposed substitute consideration: i. Has a value equal to or greater than the applicable transit facilities mitigation fee otherwise due; ii. Is in a form acceptable to the City; and iii. is within the scope of the applicable transit facilities project. b. The City may accept substitute consideration in lieu of a portion of the transit facilities mitigation fee required pursuant to this section where they find that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable transit facilities project. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City, and the amount of the otherwise required fee. 9. Reimbursement. The provisions of subsection (8), above, shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of transit facilities paid by the developer which exceeds the need for the transit facilities attributable to and reasonably related to the development. 10. Alternative Method. This subsection is intended to establish an alternative method for the financing of public transit facilities, the need for which is generated directly, or indirectly by new development projects. The provisions of this subsection shall not be construed to limit the power of the City to utilize any other method for accomplishing this purpose, but shall be in addition to any other fees, or requirements which the Council is authorized to impose as a condition to approving new development pursuant to state and local laws. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 21 17.51.020 Hillside Development. SUBSECTIONS: is A. Purpose. B. Maximum Density. C. Development Standards for Hillside Development Review. D. Plan Certification. A. Purpose. The provisions of this section are intended to implement and define the goals and policies of the General Plan in relation to land use, densities, open space and community image. It is the intent of this section to regulate the development and alteration of hillside areas, to minimize the adverse effects of hillside development and to provide for the safety and welfare of the citizens of the City of Santa Clarita while allowing for the reasonable development of hillside areas through the following methods: I. Provide hillside development standards to maximize the positive impacts of site design, grading, landscape architecture and building architecture, and provide development consistent with the goals and policies of the General Plan. 2. Maintain the essential natural characteristics of the area such as major landforms, vegetation and wildlife communities, hydrologic features, scenic qualities and open space® that contribute to a sense of place. 3. Retain the integrity of predominant off-site and on-site views in hillside areas in order to maintain the identity, image and environmental quality of the City. B. Maximum Density. For each of the slope categories identified, there shall be a corresponding maximum allowable density. The following chart, Figure 17.51-1 (Density and Ratio Change with Percentage of Slope Density), identifies density categories for Urban Residential and Mixed Use zones. The necessary reduction in density to maintain a similar pad and product type as the slope increases has been shown on the chart. The densities identified in Figure 17.51-1 (Density and Ratio Change with Percentage of Slope Density) are the maximum allowable and conform to all other standards and criteria of this section. Ave. Slope UR5 / UR4 / UR3 UR2 URI MXC MXN 10% 30.00 18.00 11.00 5.00 2.00 11% 29.40 17.64 10.73 4.88 1.96 January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 22 • • • • Ave. Slope UR5 / MXC UR4 / MXN UR3 UR2 URI 12% 28.50 17.10 10.45 4.75 1.90 13% 27.90 16.74 10.18 4.63 1.86 14% 27.00 16.20 9.90 4.50 1.80 15% 26.40 15.84 9.63 4.38 1.76 16% 25.50 15.30 9.35 4.25 1.70 17% 24.90 14.94 9.08 1 4.13 1.66 18% 24.00 14.40 8.80 4.00 1.60 19% 23.40 14.04 8.53 3.88 1.56 20% 22.50 13.50 8.25 3.75 1.50 21% 21.90 13.14 7.98 3.63 1.46 22% 21.00 12.60 7.70 3.50 1.40 23% 20.40 12.24 7.43 3.38 1.36 24% 19.50 11.70 7.15 3.25 1.30 25% 18.90 11.34 6.88 3.13 1.26 26% 18.00 10.80 6.60 3.00 1.20 27% 17.40 10.44 6.33 2.88 1.16 28% 16.50 9.90 6.05 2.75 1.10 29% 15.90 9.54 5.78 2.63 1.06 30% 15.00 9.00 5.50 2.50 1.00 31% 14.40 8.64 5.23 2.38 0.96 32% 13.50 8.10 4.95 2.25 0.90 33% 12.90 7.74 4.68 2.13 0.86 34% 12.00 7.20 4.40 2.00 0.80 35% 11.40 6.84 4.13 1.88 0.76 36% 10.50 6.30 3.85 1.75 0.70 37% 9.90 5.94 3.58 1.63 0.66 38% 9.00 5.40 3.30 1.50 0.60 39% 8.40 5.04 3.03 1.38 7.50 4.50 ..25 JO540% 41% 6.90 4.14 2.48 1.13 January 2013 1 DRAFT Division 17.50 -Development Standards (17.51-17.57) Page 23 Ave. Slope UR5 / MXC UR4 / MXN U113 UR2 UR1 42% 6.00 3.60 2.20 1.00 0.40 43% 5.40 3.24 1.93 0.88 0.36 44% 4.50 2.70 1.65 0.75 0.30 45% 3.90 2.34 1.38 0.63 0.26 46% 3.00 1.80 1.10 0.50 0.20 47% 2.40 1.40 0.83 0.38 0.16 48% 1.50 0.90 0.55 0.25 0.10 49% 0.90 0.45 0.28 0.130.06 50%+ 0.60 0.36 0.25 0.10 0.04 Figure 17.51 - 1 Density and Ratio Change With Percentage of Slope Density (In dwelling units/acre) Density Criteria for Hillside Development Applications. Notwithstanding the density provisions of this section, all of the following conditions shall be met: C� a. The hillside development plan shall be in substantial compliance with all • applicable provisions of this section and the Hillside Development Guidelines. b. The site plan shall be designed to locate or cluster development in slope areas of twenty-five (25) percent or less; however, clustering of development in slope areas of twenty-five (25) percent to fifty (50) percent may be considered in limited locations and shall be in conformance with Section 17.68.020 (Cluster Development). C. In no event shall the overall density exceed the density of the General Plan and zoning or the density provided in Figure 17.51-1(Density and Ratio Change with Percentage of Slope Density), whichever is greater. d. The development shall not be located in an area containing the ridgeline preservation (RP) overlay zoning classification unless the project is in conformance with Section 17.38.070 (Ridgeline Preservation Overlay Zone). January 2013 1 DRAFT Division 17.50 - Development Standards (17.51-17.57) Page 24 • • 11 2. Average Slope Calculation. Average slope shall be calculated by utilizing the following formula: Average Cross Slope = I x L x 0.0023 A = Contour Interval = Contour Length 0.0023 = Constant to Convert Square Feet to Acres and Slope t Percent Acres in Site The average slope shall be calculated as shown on the development plans certified by a California licensed engineer. 3. Division of Area. Where there exists a dramatically different landform character in the topography of any one site, the site may be divided into several distinct areas for purposes of slope determinations. An average density may be calculated separately for unique areas on site upon approval of the Director. For example, each of the areas shown in Figure 17.51-2 (Division of Area) (A, B and C) may calculate density requirements separately. Figure 17.51 — 2 Division of Area C. Development Standards for Hillside Development Review. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 25 The development standards shall apply to any use, development or alteration of land included in these regulations. 1. Hillside Classifications. Hillside categories have been identified by percentage of average slope in the following categories: a. Average slopes under ten (10) percent are considered relatively flat and would not cause any conditions necessary for the implementation of this section. b. Projects with slopes which average ten (10) percent or greater qualify for hillside plan review and.shall be reviewed under the provisions of this section. 2. Grading Design. a. No graded or cut embankment with a slope greater than two (2) feet horizontal to one foot vertical shall be located adjacent to a publicly maintained right-of-way. The applicant shall provide suitable guarantees satisfactory to the Review Authority for landscaping and perpetual maintenance, at no cost to the City, of all slopes outside of the public right-of-way. Major public roads, such as those identified in the General Plan Circulation Element, may require slopes steeper than two to one (2:1). In such an event, slopes steeper than two to one (2:1) may be allowed; provided, that a geotechnical study is prepared verifying the feasibility of such slopes and approval of the City Engineer. b. The overall slope, height or grade of any cut or fill slope shall be developed to® appear similar to the existing natural contours in scale with the natural terrain of the subject site. i. Building pads created in hillside areas should maintain rounded corners and conform to landforms within the site. ii. The shaping of building pads to conform to the landform or character of the topography is encouraged. Where grading is required, it should blend in with smooth transitioning, avoiding harsh or abrupt changes in topography, character, or type. Slopes should be rounded and contoured to blend with the natural topography unless this effort would diminish open space or significant natural features of the site. iii. Building pads in hillside areas are recommended to maintain a minimum pad frontage of forty (40) feet for single-family detached units as measured at the building setback. Greater pad depths may be required to be consistent with the characteristics of the subject property zone, the configuration of surrounding properties, and topographical constraints. Building pad width shall be measured at the building setback line. C, Where any cut or fill slope exceeds ten (10) feet in horizontal length, January 2013 2013 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 26 horizontal contours of the slope shall be developed to appear similar to the existing natural contours. d. Grading shall be balanced on site whenever possible to avoid excessive cut and fill and to avoid import or export. e. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas which will be immediately developed, resurfaced or landscaped shall be disturbed. f. No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a grading permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment shall be provided where slopes exceed twenty (20) percent. 3. Architectural Standards. The purpose of establishing architectural design standards is to ensure quality development. that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the City recognizes the importance of having architectural design that incorporates rooflines and other building elements, which reflect the naturally occurring ridgeline silhouettes and topographical variations. a. Building Setbacks and Height. A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site. b. Top of Slope Setback. A minimum rear yard setback of fifteen (15) feet from top of slope and/or an average setback of fifteen (15) feet shall be provided from the edge of the pad where the structure is within public view. Setbacks and building heights shall be varied from the top of slopes as shown in Figure 17.51-3 (Top of Slope Setback). P�:bllc View Figure 17.51 — 3 Top of Slope Setback January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 27 C. Building Height for New Subdivisions. A minimum of twenty-five percent (25%) of the units should be single story when situated in the public view from freeways, arterial roads and major public spaces. Where two (2) story units are utilized, the units shall be architecturally designed to provide varied vertical articulation and building massing. Structures shall be designed so the slope angle of the roof pitch is generally at or below the angle of the natural hillside or manufactured slope ii. Views of significant visual features from public vistas such as ridges, as viewed from within and outside the hillside development, should be preserved. Buildings should be oriented to allow view opportunities. All significant public vistas or view corridors as seen from General Plan Highways should be protected. d. Building Style. The use of hillside adaptive architecture shall be incorporated into the design of individual custom lots. i. Step building foundations may be required to minimize grading. ii. Grading shall be limited to driveway and footprint area of building. iii. Lot development should be sited on the least sensitive portions of the site to preserve landforms, vegetation and geotechnical features. iv. An architectural style shall be compatible with the hillside character, topography, and theme of the community. v A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside shall be incorporated into the design of the development. vi Enhanced architectural elevations where the front, rear or side of units face public view is required. The hilltop architecture of units will be restricted to avoid massive wall and monotonous patterns of building silhouettes. vii The dimensions of a building parallel to the direction of the slope should be maximized in order to limit the amount of cut and fill and to better incorporate the residence to the natural terrain. viii Terraced decks shall be identified and included with the application submittal requirements for plan approval. Terraced decks cannot be built outside of privacy walls or on slopes, which are a part of homeowners association's common area unless such a deck is constructed as a common - January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 28 0 • HOA amenity. ix Buildings may be clustered to respect and adapt to the existing topography. Flexible siting techniques including varying the position of the structures and varying the sizes of lots should be utilized. e. Architectural Treatments. Architectural treatments on all exterior walls of any building shall be designed to avoid a monotonous or continuous facade of the exterior wall. One continuous vertical or horizontal plane on the front and rear facade of any building is not permitted. Architectural features and details shall be located on all exteriors walls of the building, including the rear and sides of the building. Buildings shall utilize wall articulation (i.e., insets, pop -outs, etc.) and roof orientation as a means to prevent massing. f. Finish Materials and Color. Building materials and colors shall be compatible with the natural setting. Exterior colors shall be limited to earth tones and indigenous materials to be incorporated into the design of the structures. The color, material and texture palette shall be reinforced with compatible landscaping. g. Fencing and Privacy Walls. Location and alignment of fences should conform to the natural topography of the area and be enhanced with landscaping. 1. All fences and privacy walls adjacent to or visible from public roads or major public spaces shall be of decorative masonry or other approved materials which have a natural appearance and shall be a color that blends with the surrounding environment and complementary to the landscape. The applicant shall present illustrations and descriptions of fencing and wall materials as required by this section. 4. Landscape Design. a. Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. All landscaping shall be subject to the requirements of the Los Angeles County Fire Department in areas designated as a Very High Fire Hazard Severity Zone. i. Plant material shall be selected according to compatible climatic, soil and ecological characteristics of the region. ii. All City -approved irrigation systems shall conform to Section 17.51.030 (Landscaping and Irrigation Standards) and be utilized for all landscaped slope areas and other impacted or planting areas. iii. Plant materials that require excessive water after becoming established shall be avoided. Native plant material or compatible, nonnative plant material shall be selected. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 29 b. The location of all existing trees of a six (6) inch circumference or greater, as measured four and one-half (4.5) feet from the ground, shall be shown on plans submitted for approval. The Review Authority shall designate all trees to be saved or removed. Oak trees are subject to Section 17.51.040 (Oak Tree Preservation). C. All cut and fill slopes shall be planted and irrigated with an automatic irrigation system to prevent erosion. All cut or fill slopes exceeding five (5) feet vertical height shall be planted with adequate plant material to protect the slope against erosion. Planting shall be in the ratio of at least one shrub per one hundred (100) square feet of natural slope area and one tree per one hundred fifty (150) square feet of actual slope area, with ground cover to completely cover the slope within six (6) months from planting. All plants shall be drought -resistant and shrubs shall be a minimum one gallon size, unless hydroseeded. All trees shall be minimum five (5) gallon size. Slopes less than five (5) feet in height shall be planted in the ratio of at least one shrub per one hundred fifty (150) square feet of natural slope area and one tree per two hundred (200) square feet of actual slope area, with ground cover to cover the slopes completely within six (6) months of planting. However, the Director may require larger trees on a case by case basis. In addition, the Director may modify these requirements based upon the requirements of the Los Angeles County Fire Department. d. Access easement areas a minimum of five (5) feet wide shall be provided for uphill and downhill slope maintenance areas and should be located no more than one thousand (1,000) feet apart. • e. Slope and Landscape Maintenance. Hillside subdivisions shall be designed so that the maximum slope maintenance responsibility for an individual residential homeowner shall not exceed 30 feet vertical or 60 feet of horizontal slope within each yard area. Any remaining slope area shall be incorporated into either an HOA or landscape maintenance district (LMD) common area parcels as appropriate, along with any necessary access easements as described in subsection (4) above. All common area landscaped slopes not included within a LMD shall be maintained by an HOA or a property owners' association (POA) for the permanent maintenance of slopes and other areas. An HOA/POA should be required to establish a maintenance district with responsibility for landscape maintenance should the HOA disband. The City should retain development rights in such a maintenance district. f A fuel modification plan shall be required by the Director and approved by the Los Angeles County Fire Department for all hillside plans within an area designated as a Very High Fire Hazard Severity Zone. The Fire Department may require modifications to the landscaping requirements contained within this subsection. g. The project shall be designed to incorporate fire prevention and safety measures pursuant to the provisions of the Los Angeles County Fire Department and the • January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 30 Hillside Development Guidelines. 5. Retaining Walls. The purpose and intent of establishing development standards for retaining walls in this section is to ensure that the application of retaining walls is aesthetically pleasing to the subject property and limited in quantity throughout a development. a. General Standards. i. The maximum length of any continuous retaining wall shall not be more than one hundred (100) linear feet. ii. Retaining walls may be used for the purpose of supporting cut slopes or containing fill material or for minimizing cut or fill slopes. iii. Slopes requiring retaining walls at heights greater than the maximum allowable shall be terraced to allow for landscaped areas. Such planting areas shall have a minimum horizontal width of four (4) feet of separation and permanently landscaped. b. Height Standards. i. The height of the retaining wall shall be measured at the highest average ground level. In order to allow for variation in topography, the height of a • required wall may vary in amount not to exceed the height of six (6) inches or one (1) course of block. All walls shall conform to the height limits of the underlying zone. CJ ii. Retaining walls may be constructed at varying heights throughout a development. (a) Retaining walls constructed in the side yard area of a lot shall maintain a maximum retaining wall height of six (6) feet when viewed from adjacent right-of-way or properties; provided, that such wall does not extend into a required yard adjacent to a street as shown in in Figure 17.51-4 (Retaining Wall Height) . (b) Retaining walls constructed in the rear yard area of a lot shall maintain a maximum retaining wall height of eight (8) feet when viewed from adjacent right-of-way or properties. (c) If a greater wall height is desired than prescribed above, two (2) retaining walls at a maximum height of four (4) feet each shall be terraced with a minimum horizontal width of five (5) feet of separation as shown in Figure 17.51-5 (Terraced Retaining Walls). This landscape area shall contain appropriate vegetation to soften the visual impact of the combined walls. No more than two (2) ter - January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 31 races of retaining walls shall be permitted on one manufactured slope. (d) Where a retaining wall contains a fill above the natural grade ands is located within a required yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A non -view -obscuring fence up to three and one-half (3.5) feet in height may be erected at the top of the retaining wall for safety. Figure 17.51 - 4 Retaining Wall Height -13L O., • Figure 17.5 t - 5 Terraced Retaining Walls iii. Walls and fences not exceeding six (6) feet in height and not in a required • January 2013 1 DRAFT Division 17.50 - Development Standards (17.51-17.57) Page 32 E is front or street adjacent side yard, are permitted adjacent to structures in order to provide a private outdoor area. A minimum flat area from top or toe of slope of three (3) feet shall be maintained to face of wall on common area maintenance slopes with slope heights of thirty (30) feet or greater. All fences which are adjacent to or visible from public roads or major public spaces shall be of decorative materials as identified or other approved materials with minimum five (5) foot landscape area on the street side of the wall or fence as shown in Figure 17.51-6 (Top of Slope Wall) and Figure 17.51-7 (Bottom of Slope Wall). Figure 17.51 — 6 Top of Slope Wall Figure 17.51 — 7 Bottom of Slope Wall C. Walls Exceeding Six (6) Feet in Height. The use of crib walls, Loffelstein walls, and other similar living wall systems that allow for landscaping opportunities with planting pockets and stepped designs is acceptable. Loffelstein walls and similar living wall systems retain large amounts of earth while providing planting pockets for landscaping. Once landscaping matures, the wall will be masked and have a softer appearance than a hardscape wall surface. Such wall shall be subject to the January 2013 1 DRAFT Division I7.50— Development Standards (17.51-17.57) Page 33 following development standards. i. Such walls shall utilize a curvilinear slope pattern consistent with the appearance of the natural hillside terrain. ii. Such walls shall be planted with landscape material suitable for the climate and wall exposure relative to the sun. iii. The landscape aesthetic effect to be achieved by the overall development shall be emphasized and considered. iv. The color palette and materials selected for the retaining wall shall blend in with the adjacent hillsides and landscape plant palette. d. Contour Construction and Wall Materials. i. Retaining walls shall follow the natural contours of the slope. ii. All materials used to construct the retaining wall(s) shall consist of native stone, poured -in-place concrete, precast concrete block, color treated, textured or veneered to blend in with the surrounding natural colors and textures of the existing landscape and native plant materials. 6. Corrective Work. Nothing in this section shall prohibit the Director from authorizing grading deemed necessary to correct natural, hazardous conditions that are brought to the City's attention, in which case the applicant will investigate possible alternatives with* subsequent review by the Director, Commission or Council. D. Plan Certification. 1. Grading Plan Certification. Upon completion of rough grading work and prior to any excavation for foundations or structures, an as -graded plan prepared and certified by the licensed civil engineer who prepared the approved grading plans shall be submitted to the Community Development and Public Works Departments for review and approval. The as -graded plans shall include original ground surface elevations, as -graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide certification on the as -graded plan that the work was done in accordance with the approved grading plan and the City's grading requirements. 2. Landscape Plan Certification. Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the Director. A licensed landscape architect shall certify that the planting plans comply with Section 17.51.030 (Landscaping and Irrigation Standards). January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 34 17.51.030 Landscaping and Irrigation Standards. • SUBSECTIONS: A. Purpose. B. Applicability. C. Landscape Standards. D. Tree Retention. E. Water Efficient Landscaping. F. Maintenance of Landscaping. A. Purpose The specific purpose of this section is to: 1. Encourage quality landscape designs; 2. Enhance the appearance of all development by requiring the design, installation, and proper maintenance of landscaping and by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening; 3. Conserve energy by the provision of shade trees over streets, sidewalks, parking areas and other paving; 4. Ensure that new landscaping would be consistent with any applicable design guidelines and that important resources (e.g., specimen trees and oak trees) are retained; 5. Protect public health, safety, and welfare by minimizing the impact of various forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety; 6. Encourage the protection of landmark, native, and specimen trees; 7. Encourage the efficient use of water through appropriate low -water -using plant materials, water conserving irrigation design, and regular maintenance of landscaped areas; 8. Encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes; 9. Promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications; and 10. Conform to the state mandated water efficient landscape ordinance as pursuant to Government Code § 65595; January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 35 B. Applicability. 1. All projects that require approval of either an administrative land use permit or a� discretionary land use permit shall provide and maintain landscape in compliance with the provisions of this section. Applicants for such projects shall submit landscape and irrigation plans per Section 17.23.150 (Landscape Plan Review). 2. In addition, the water efficient landscape requirements shall apply to the following: a. New construction and rehabilitated landscapes for projects with a landscape area equal to or greater than 2,500 square feet that require a building permit, a landscape plan review or a land use entitlement. b. New construction and rehabilitation of landscapes for residential projects by developers with a total project net landscape area equal to or greater than 2,500 square feet that require a building permit, a landscape plan review or a land use entitlement. C. New construction landscapes for residential projects by individual homeowners with a total project landscape area equal to or greater than 5,000 square feet a building permit, a landscape plan review or a land use entitlement. d. Existing landscapes equal to or greater than one acre, with a dedicated or mixed use water meter. Such landscapes are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the landscape documentation package. e. New and rehabilitated cemeteries shall require the preparation of a water efficient landscape worksheet, an irrigation maintenance schedule, and an irrigation audit, survey and water use analysis. Existing cemeteries are limited to preparing a water efficient landscape worksheet according to the specifications of existing landscapes in the landscape documentation package. C. Landscape Standards. Landscape areas and materials for commercial, industrial, hillside, mixed use and multifamily projects shall be designed, installed, and properly maintained in compliance with the following requirements: 1. General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans. a. Landscaping shall be planned as an integral part of the overall project. b. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 36 C. Landscaped areas shall not be less than five feet in width. • d. For nonresidential projects, landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six- inch high and six-inch wide concrete curb or other suitable type of barrier as approved by the Director. • • e. Shade trees shall be incorporated in areas around buildings and within parking lots to reduce the heat island effect. 2. Plant Materials. Plant materials shall be selected and installed to comply with the following requirements: a. An appropriate mix of plant sizes and materials shall be provided. b. Plant materials shall emphasize drought -tolerant and/or native species. C. The use of eucalyptus, pepper or palm trees is discouraged, unless compatible with the existing adjacent environment, as determined by the Director. Palm trees shall be limited for use within a community pool or recreation facility, unless otherwise approved by the Director. d. The plant palette shall not include any plants listed as invasive exotic pest plants by the California Invasive Plant Council, or other plants determined to be invasive by a qualified botanist or biologist. e. Trees shall be planted in areas of public view. The clustering of trees is encouraged. i. Mature specimen trees (e.g., 24-, 36-, 48 -inch, and 60 -inch box as determined by the Director) shall be provided to ensure variety and emphasis at main focal areas. ii. All trees shall be staked or guyed (on a case-by-case basis), subject to the approval of the Director. iii. All newly planted trees must meet the California State Department of Forestry and Fire Protection Specification Guidelines for container grown landscape trees. f Performance standards. The trees and shrubs shall be carefully selected and properly planted and maintained so that they: i. Do not interfere with service lines and traffic safety sight areas; ii. Protect the basic rights of adjacent property owners, particularly the right to solar access; and January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 37 iii. Prevent physical damage to the adjoining public improvements. g. Ground cover shall be of live plant material. Limited quantities of bark, colored - rock, gravel, and similar materials may be used in combination with a living ground cover. h. Mulch. i. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeing applications where mulch is contraindicated. ii. Stabilizing mulch shall be planted on slopes. The Director may modify the requirements within this section in order to accommodate existing trees located on site or within the public rights-of-way. j. All new cut and fill slopes shall be planted and irrigated to prevent erosion. Cut and fill slopes shall have jute -netting or similar material, as approved by the Director, placed on exposed slope soil, until plant materials become established. i. For slopes exceeding five (5) feet in vertical height shall be planted in the ratio of at least one shrub per two -hundred twenty-five (225) square feet of slope area and one tree per two hundred twenty-five square (225) feet of • slope area, with ground cover to completely cover the slope within six (6) months from planting. ii. Slopes less than five (5) feet in height shall be planted with ground cover to cover the slopes completely within six (6) months of planting. 3. Artificial or Synthetic Turf. Any use of artificial or synthetic turf is permitted to replace living sod; however, it must be reviewed and approved by the Director prior to installation. The use of artificial and synthetic turf may count towards required landscaping as long as it does not exceed 50 percent of the required landscaping. The installation and type of requirements shall meet the requirements as listed in this section, unless otherwise approved by the Director. a. Prior to approval of any artificial or synthetic turf, the applicant shall submit all required materials for review per the requirements on file with the City. b. The primary layer on native soil shall be non -woven, highly -permeable soil stabilizing fabric for the soil type and conditions of the installation. Fabrics must be porous and not impede infiltration of normal watershed to the appropriate drainage. January 2013 1 DRAFT • Division 17.50—Development Standards (17.51-17.57) Page 38 • • C. Minimum three to five inches of appropriate compactable aggregate base with subsequent or additional imported base materials and fabric layers is required. d. Acceptable artificial turf surface fibers include: Polyethylene (PE), Polypropylene (PP), Nylon with a minimum 6 year (Nylon (PA)) and 8 year (PE & PP) manufacturer warranty against ultra violet light degradation (fading and discoloration) and the style and color selection must compliment other adjacent natural lawn and landscaped grass within the community; must meet or exceed American Society for Testing and Materials (ASTM) standards. i. Acceptable backing materials include perforated, vertically draining, latex or polyurethane coated materials to provide optimum tuft bind and maximum permeability. Horizontally draining backings must not be infilled; infill materials are prone to migrate into drainage systems. ii. Acceptable infill materials will include but are not limited to: recycled rubber crumb, acrylic coated silica, sand, recycled PET bead lets, thermo- plastic elastomer coated silica sand, semi -round silica sand, or other as approved by the Director. Sub -angular silica sand may not be used as infill materials. iii. All materials submitted for approval must be accompanied by test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any US landfill station (Total Content Leach Protocol (TCLP) test). e. Infill materials, type and amount, per square foot, installed, as suggested by the turf manufacturer or based upon standard industry guidelines. f Surfaces must, appear seamless and edges must appear natural, and well groomed. g. Total surface installation must be water permeable with minimum 25 inch/Hour Permeability Rating. h. All job materials used for surfaces must pass applicable fire retardant ratings including pill bum test. Minimum pile height (individual turf blade height) is an average of one and one- half inches; classic slit film, monofilament or a combination of blade styles; including textured and knit de knit materials used for thatch are allowed. j. Any approved artificial or synthetic turf installation is required to be maintained (including repair or replacement) to appear natural at all times. No fading, exposed seams or corners are permitted. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 39 4. Flood Control Basins. Privately maintained flood control basins are required to be landscaped to the extent possible with groundcover, shrubs and trees, unless otherwise approved by the Director. i 5. Fire Fuel Modification Requirements. Additional design requirements may be required by the Fire Department for any project that is located within a fire sensitive area. The Fire Department can require modifications to the landscaping requirements contained within this section. All Fire Department -approved landscape plans must also receive the approval of the Director prior to issuance of building permits. 6. Standards for Single -Family Residential Development. Each single-family residential project shall be landscaped, irrigated, and maintained in compliance with the requirements of this section. a. Single-family development. i. All new residential development shall have one twenty-four (24) inch box tree planted in the required front yard, to the satisfaction of the Director. This requirement may be waived or modified by the Director where it is found to be impractical due to topographical conditions, where it is not keeping with the neighborhood, or where it otherwise will not benefit the area. ii. Landscape parkways shall be installed in all new residential development. These parkways shall be installed between the curb and sidewalk and shall • be five feet in width. Parkways shall not be separated by sidewalk. iii. For single-family homes located adjacent to a parkway, either public or private right-of-way, the homeowner has the responsibility to plant, irrigate and maintain the parkway in a healthy and thriving condition, unless the parkway is maintained by the homeowner's association or other entity. The parkway shall be planted with City -approved street trees and landscaping that is consistent with other parkways within the community the property is located within. iv. The landscape plan shall include all areas located within the front yard and all side yard areas exposed to the street view. V. The preferred plant palette shall include drought tolerant and low-water use landscaping. Low-water usage turf or warm -season turf is recommended. vi Turf shall be limited to a maximum of 50 percent of the total landscaped area. Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five feet in width, sidewalk strips, slopes, etc.) January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 40 vii. Second Unit. If a second unit is located along a street frontage, one twenty-four (24) inch box tree shall be planted in the front or corner yard setback of the unit. If the new unit is located off of a street frontage, this 40 requirement shall be waived at the discretion of the Director. b. Front yard landscape requirements. i. For single-family residential areas, a minimum of 50 percent of the square footage of the front yard area between the principal dwelling unit and the front public or private street curb, and between the side property lines, must be landscaped with natural plants such as lawns, groundcover, succulents, shrubs, and trees. it. No more than one-half of the landscaped area may consist of decorative features such as boulders, river and lava rock, fountains, ponds, rock riverbeds, pedestrian bridges or other features, as determined by the Director that are consistent with this section. iii. Mulch may be used as an integral part of the natural plantings. iv. The public sidewalk and driveway aprons are excluded from the landscape percentage calculation. 7. Standards for Multifamily Residential Development. In addition to the standards for single-family residential development, the following additional requirements apply to multifamily developments and shall be landscaped, irrigated, and maintained in compliance with the requirements of this section. a. For all new multifamily residential developments, a minimum of ten percent of the total site area is required to be landscaped. b. The total area of any project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this Code, unless modified by the Approving Authority. C. Preferred ground covers in the main landscape area and the front setback areas are ones that can be walked on and that utilize water -conserving plant materials. d. Turf shall be limited to a maximum of 20 percent of the total landscaped area. Low-water usage turf or warm -season turf is recommended. e. Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five feet in width, sidewalk strips, slopes, etc.). f The incorporation of fountains, pools, and other water elements within the project is encouraged as are other decorative elements (e.g., the and iron work). Water elements shall be designed to conserve water. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 41 g. Substantial trees (36 -inch box and larger) are strongly encouraged in front and side yard setback areas, to the satisfaction of the Director. h. In cases where the front setback is located over fully subterranean parking, tree wells with an inside diameter of at least six feet shall be provided. i. The minimum tree size at planting shall be twenty-four (24) inch box, unless otherwise approved by the Director. j. New multifamily residential development is required to provide a minimum of thirty (30) trees per overall gross acreage of the project site with a minimum of fifteen (15) percent required to be forty-eight (48) inch box size or larger and twenty (20) percent required to be thirty-six (36) inch box size or larger. k. Parking areas within multifamily projects are subject to all the landscaping requirements of non-residential projects. 8. Commercial, Industrial and Mixed Use Standards. For projects utilizing commercial, industrial or mixed use development project shall be landscaped, irrigated, and maintained in compliance with the requirements of this section. a. For all new commercial, industrial, and mixed use developments, a minimum of ten (10) percent of the total site area shall be landscaped. b. The total area of any project not devoted to lot coverage and paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this section. C. Landscape parkways shall be installed in all new development. These parkways shall be installed between the curb and sidewalk and shall be five feet in width. Parkways shall not be separated by sidewalk. In addition, the adjacent property owners shall be responsible for the maintenance and upkeep of these parkways. d. Where a six (6) foot high masonry wall is required along common lot lines separating residential uses from commercial uses, fifteen (15) gallon trees shall be installed and maintained along the inside of the wall in a minimum five (5) foot wide planter. The trees shall be located a maximum of twenty (20) feet apart for the length of the common lot line or to the satisfaction of the Director. C. Landscape Setbacks. i. All setbacks, required by this Code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the Director that landscaping is not necessary to fulfill the purposes of this Code. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 42 ii. Modification by Director. The Director may modify this requirement to landscape all setback and open space areas. The modification may only be approved if the Director finds that the project provides: a higher overall quality of landscape design than would normally be expected for a similar development project; a superior landscape maintenance plan; and for outdoor dining activities, special paving or other examples of exceptional architectural quality in the project's design. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped, unless it is determined by the Director that landscaping is not necessary to fulfill the purposes of this section. g. The Director shall determine the level or intensity of landscaping to be provided for vacant pad sites based on an approved phasing plan. 9. Landscape Standards for Parking Structures. Projects that include the construction of an above -ground parking structure are subject to the following landscape requirements: a. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. This can be accomplished through the use of textured concrete, planters, trellises, or other architectural treatments. b. The perimeter of the parking structure shall be landscaped at ground level with a • minimum of one thirty-six (36) inch box tree every fifteen (15) linear feet of structure face in addition to any required streetscape or boundary landscaping. Additional landscaping may be required at the discretion of the Director. • C. Parking lot landscaping shall not be required for parking spaces located in parking structures. d. All multi-level parking structures shall be designed to include landscape planters. 10. Parking Lot Landscaping Requirements for Commercial, Industrial or Mixed Use Developments. Parking lot landscaping shall be provided in accordance with the following and as shown in Figure 17.51-8 (Parking Lot Landscaping). January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 43 361im 1m Im 3 ft, hwiirtnim landsrnpe,orea �P[o�att�Lmc i .�_ ' I ' •/� 't�'pleid I'mPjCI I$IJlld. V Cmcry IS yiacc9 Pm ptantrr widibaimr4r S Il.) I � � 361n, baa IMO at the 2 n bue Ilco aid urddve wiz 3 In Wraran majar nr L� sceanAary highway Q '4Pjml4 R: by9 R. .. I - Ircdud4 fl t� ;.24m.bo Me \ { t landscape sctbicl. ,± II 1 unriy3tt-uP-was t/I __ — v77 (na a major of 01 � rsf. Typecal landscapx. amndary hir,4.q'1 plame sinp %tJ CI Me every 6 spate's) F Z.� -t P q "�� nGadhrhth<dg<. �— urblak xall Figure 17.51 — 8 Parking Lot Landscaping a. General Requirements. i. At least five (5) percent of the gross area of the parking lot shall be landscaped. ii. A wall, earthen berm,or headlight hedge, measuring 36 inches in height, shall be installed where vehicle lights on the property are directed towards public streets or residential properties. The headlight hedge must be a dense growing evergreen shrub, measuring a minimum of 36 inches in height and touching leaf to leaf at the time of landscape inspection. iii. Areas not used for parking, maneuvering, or the movement of vehicles, shall be landscaped on a lot or parcel of land with more than ten (10) automobile parking spaces. iv. Parking spaces shall be allowed to overhang into a landscaped area a maximum of (2) two feet. The two -foot overhang shall not be counted as required landscaped area or setback. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 44 • • V. All landscaped areas within the parking lot shall be bordered by a concrete • curb adjacent to the parking surface. vi. Wheel stops should not be used in lieu of curbing to protect landscaping, signage, structures and walls. vii. Continuous concrete curbing shall be provided at least three (3) feet from any wall, fence, property line, walkway or structure (excluding special cir- cumstances such as reciprocal access points, etc.) where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Director. b. Street setback areas adjacent to parking facilities shall be landscaped and permanently maintained with trees, shrubs and groundcover, and shall incorporate earthen berms to the satisfaction of the Director. i. Where parking facilities are adjacent to a major or secondary highway or when the parking facility has over 150 feet of street frontage, a minimum ten -foot wide landscaped area shall be provided adjacent to such right-of- way line, except at driveways and walkways. ® ii. Where parking facilities are adjacent to a street right-of-way line not considered a major or secondary highway and less than 150 of street frontage for the parking facility, a minimum five-foot wide landscaped area shall be provided adjacent to such right-of-way line, except at driveways and walkways. C. Required parking lot trees shall be distributed throughout the parking lot so as to maximize the aesthetic effect and compatibility with adjoining uses. This shall not apply to parking areas on the roofs of buildings, to parking areas within a building, or parking structures. i. At a minimum, twenty-four (24) inch box trees are required for parking lot landscaping. The Director may require thirty-six (36) inch or larger box trees on a case-by-case basis. ii. Thirty-six (36) inch box trees are required at the end of drive aisles, unless otherwise determined by the Director. iii. Parking lot trees shall be provided at the ratio of one tree for every four (4) parking spaces. iv. In areas where parking spaces meet head to head, a landscape planter strip • a minimum of six (6) feet in width, not including hardscape that runs the January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 45 length of the parking aisle, shall be installed. Within this landscape planter area, a minimum requirement of one tree per six (6) parking spaces will be required. 40 V. Where parking lot configuration makes six (6) foot landscape planter areas infeasible, tree wells shall be provided. Tree wells are required to be four (4) feet by nine (9) feet (including a six-inch curb) and provided at intervals of every three spaces, on an average, within each double loaded row. vi. Landscape islands shall be a minimum of seven (7) feet wide including the six-inch curb. An island shall be provided at the end of each parking row and at intervals of every 15 parking spaces, on an average in a row, unless a planter strip is provided. vii. An appropriate mixture of evergreen and deciduous species shall be provided within the parking lot area. viii. Tree species selected shall achieve a parking lot coverage canopy to the satisfaction of the Director. It is the responsibility of the applicant to provide information to the Director, demonstrating the parking lot canopy will be achieved in a reasonable amount of time. It. Landscape for Projects Subject to Section 17.51.020 (Hillside Development). Landscaping and landscape design for hillside development projects shall comply with the requirements of Section 17.51.020 (Hillside Development) and the following: a. Landscape design. i. Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. ii. Plant materials that require excessive water after becoming established shall be avoided. Native plant material or compatible, nonnative plant material shall be selected. iii. All plants shall be drought -resistant and shrubs shall be a minimum one gallon size, unless otherwise approved by the Director. iv. All trees shall be minimum twenty-four (24) inch box, however, the Director may allow fifteen gallon on a case by case basis. b. Access easement areas a minimum of five (5) feet wide shall be provided for uphill and downhill slope maintenance areas and should be located no more than one thousand (1,000) feet apart. D. Tree Retention. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 46 E • • 1. Where healthy trees exist on a site, maximum effort shall be given for their retention. 2. The type and location of all existing trees of four (4) inch caliper or greater, as measured four and one-half (4.5) feet from the ground, shall be shown on plans submitted for approval. Any proposed removals shall be clearly indicated. Oak trees are subject to Section 17.51.040 (Oak Tree Preservation). 3. To ensure that the tree retention is successful, the following requirements shall be met: a. All grading around existing trees shall be done by hand, unless otherwise approved by the Director. b. Cutting through woody roots shall not be allowed. C. All foundations shall step over major roots. 4. No difference in grade shall be allowed at the base of the trees. 5. No construction resulting in injury or removal of trees. No construction shall be allowed that results in the injury or removal of native or specimen tree unless approved by the Director. E. Water Efficient Landscape. For new landscape or landscape rehabilitation projects subject to this section, the Estimated Applied Water Use (EAWU) allowed for the landscape area may not exceed the Maximum Applied Water Allowed (MAWA) calculated using an Evapotranspiration Adjustment Factor (ETAF) of 0.7, except for the portion of the MAWA applicable to any special landscaped areas within the landscape project, which may be calculated using an ETAF of 1.0. Where the design of the landscape area can be otherwise shown to be equivalently water efficient, the applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, subject to the review and approval of the Director. F. Maintenance of Landscaping. 1. Maintenance Required. a. Where a landscape plan is required, all installed landscaping shall be permanently maintained in compliance with this section. b. Once installed, no landscaping shall be removed, unless it is replaced with landscaping of a similar design, character, and coverage at maturity, to the satisfaction of the Director. C. Once installed, no landscaping shall be allowed to die; replacement shall occur in a timely manner. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 47 d. Once installed in a parking area or adjacent to a commercial building, all tree pruning activities shall meet the International Society of Arboriculture (ISA) pruning standards. In addition, the property owner shall prune vegetation to maintain vehicle and pedestrian clearance. No trees shall be pruned to improve visibility of adjacent buildings or signage. 2. Homeowners' associations (HOAs) and assessment districts or other acceptable legal entities are required in Santa Clarita. All landscaped slopes not included within a landscape maintenance district (LMD) shall be maintained by an HOA or a property owners' association (POA) for the permanent maintenance of slopes and other areas. An HOA/POA should be required to establish a maintenance district with responsibility for landscape maintenance, should the HOA disband. The City should retain development rights in such a maintenance district. 3. Maintenance shall consist of regular fertilizing, clearing of debris, trash and weeds, monitoring for pests and disease, mowing, pruning, the removal and timely replacement of dead or dying plants, spraying, treating for disease or injury, watering, the repair and timely replacement of irrigation systems and integrated architectural features, or any other similar act(s) which promotes growth, health, beauty, and the life of plants, shrubs, trees, or turf. 4. With the exception of single-family residential units. If a tree is pruned to the extent that is detrimental to the life and health of the tree, as determined by the City arborist, the property owner is responsible to replace the tree with a similar and comparable tree. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 48 L 17.51.035 Noise Standards. • SUBSECTIONS: A. Purpose. B. Applicability and Standards. A. Purpose. It is the purpose of this section to provide standards for noise to all properties and structures permitted within the City. The following property development standards apply to all new development in residential, commercial, industrial, and mixed use areas. The noise levels shown are the maximum allowed, and distances are minimums unless otherwise stated. B. Applicability and Standards. The following shall be in addition to all requirements of Section 11.44.040 (Noise Limits): Any new noise generators in residential zones shall be enclosed, insulated, or utilize other methods to contain, reduce, or eliminate noise, so as not to increase the previous level of ambient noise. 2. New single-family and multifamily residential units in areas where the ambient noise levels exceed 60 CNEL shall provide mitigation measures for the new residences to • reduce interior noise levels to 45 CNEL, based on future traffic and railroad noise levels. 3. New single-family and multifamily residential units in areas where the projected noise levels exceed 65 CNEL shall provide mitigation measures (which may include noise barriers, setbacks, and site design) for new residences to reduce outdoor noise levels to 65 CNEL, based on future traffic conditions. This requirement applies to rear yard areas for single-family developments, and to private open space and common recreational and open space areas for multifamily developments. 4. The buyer and renter notification program for new residential units shall be required, where appropriate, to educate and inform potential buyers and renters of the sources of noise in the area and/or new sources of noise that may occur in the future. As determined by the Review Authority, notification may be appropriate in the following areas: a. Within one mile of Six Flags Magic Mountain theme park, potential buyers and renters should receive notice that noise may occasionally be generated from this facility and that the frequency and loudness of noise events may change over time. b. Within 1,000 feet of the railroad, potential buyers and renters should receive notice that noise may occasionally be generated from this facility and that the frequency and loudness of noise events may change over time. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 49 C. Within 200 feet of commercial uses in mixed use developments, potential buyers and renters should receive notice that the commercial uses within the mixed use developments may generate noise in excess of levels typically found in residential • areas, that the commercial uses may change over time, and the associated noise levels and frequency of noise events may change along with the use. d. Within 1,000 feet of the Saugus Speedway, in the event speedway operations are resumed in the future. 5. Private schools, childcare centers, senior housing, and other noise sensitive uses in areas where the ambient noise level exceeds 65 dBA (day), shall provide mitigation measures to reduce interior noise to acceptable levels. 6. Appropriate noise buffering between commercial or industrial uses and residential neighborhoods and other sensitive uses shall be installed as required by the Review Authority. 7. The Review Authority may require adequate setbacks from major and secondary highways for sensitive receptors and sensitive uses, so as to minimize impacts on these individuals and uses from noise and air pollution caused by truck traffic. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 50 17.51.040 Oak Tree Preservation. • SUBSECTIONS A. Purpose. B. Oak Tree Permit. C. Use of Explosives. D. Reimbursement. E. Enforcement. F. Additional 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. The City lies in the Santa Clarita Valley, the beauty and natural setting of which is greatly enhanced by the presence of large numbers of majestic oak trees. It shall be the policy of the City to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees. This policy shall apply to the removal, pruning, cutting and/or encroachment into the protected zone of oak trees. The Director, in conjunction with the City's oak tree arborist as necessary, shall have the primary and overall responsibility to administer, evaluate and monitor this policy to assure strict compliance. Additional policy and standards shall be as set forth in the City's Oak Tree Preservation and Protection Guidelines following adoption by the Council. Any person who owns, controls, has custody or possession of any real property within the City shall make a reasonable effort to maintain all oak tree(s) located thereon in a state of good health. Failure to do so will constitute a violation of this section. B. Oak Tree Permit. No person shall cut, prune, remove, relocate, endanger, damage or encroach into the protected zone of any oak tree on any public or private property within the City except in accordance with the conditions of a valid oak tree permit issued by the City, in conformance with Section 17.23.170 (Oak Tree Permit). Oak Tree Permit Submittal Requirements. The applicant shall be required to furnish all necessary information as determined by the Director together with the appropriate fee as established by Council resolution. Application materials shall include, but not be limited to, an oak tree report conforming to the Director's specifications, a survey of the tree, its dripline and protected zone location, and illustrations and justifications of the proposal and tree tagging unless waived by the Director. 2. Exemptions. Notwithstanding the provisions of this Code, a permit is not required under the following circumstances: a. For trees that do not exceed six (6) inches in circumference when measured at a point four and one-half (4.5) feet above the tree's natural grade or for those trees on properties occupied by a single-family residence that do not exceed twelve and one-half (12.5) inches in circumference when measured at a point four and one- half (4.5) feet above the tree's natural grade. • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 51 b. In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards, the City's oak tree arborist, authorized City official, or any member of law • enforcement or law enforcement agency, forester, fireman, civil defense official or Community Preservation Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken. C. For trees planted, grown and/or held for sale as a part of a licensed nursery business. d. Pruning by a public service or utility necessary to protect or maintain overhead clearance for vehicles, existing electric power or communication lines, or public rights-of-way, subject to prior notice to the Director in nonemergency situations. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City's oak tree arborist. e. Pruning of limbs or deadwood provided such live limbs do not exceed six (6) inches in circumference at the location of the cut. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City's oak tree arborist and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished. • f When the property owner has received written permission from the Director for the removal of a maximum of three (3) scrub oaks (Quercus dumosa and Quercus tuckerii). g. Routine maintenance as defined herein. h. Pruning of limbs of an oak tree(s) on the properties occupied by a single-family residence; provided, that such pruning is undertaken under the supervision of an arborist retained by the owner and approved by the Director. Minor encroachments as defined herein. j. For those trees that are purchased and/or planted for non -mitigation purposes by the property owner of a single-family residence on the same property occupied by the residence. The owner shall not remove oaks owned and maintained by the City. 3. Conditions. Conditions may be imposed on the permit at the discretion of the Approving Authority, including, but not limited to, any of the following: January 2013 1 DRAFT • Division 17.50—Development Standards (17.51-17.57) Page 52 a. 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. b. 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 for a minimum of one (1) year after the planting of replacement or relocated trees and a minimum of 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. 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. C. 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. d. 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 Planning and/or Urban Forestry Division. 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 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. • e. 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: i. 8" to 12" = Two (2) 24 -inch box native oaks. ii. 12" to 18" = Three (3) 24 -inch box native oaks. iii. 18" to 24" = Four (4) 24 -inch box native oaks. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 53 iv. 24" to 30" = Five (5) 24 -inch box native oaks. V. 30" to 36" = Six (6) 24 -inch box native oaks. • vi. One additional 24 -inch box native oak per incremental increase of six (6) inches. 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 on-site 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. C. Use of Explosives. The use of explosives in connection with the trimming, cutting down or removal of any oak tree is prohibited. D. Reimbursement. The City's oak tree arborist or the Director's designee shall review the information submitted with the oak tree permit request and make appropriate recommendations and site inspections. All arborist 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. E. Enforcement. 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 this section or a permit issued pursuant hereto shall be guilty of a misdemeanor. 2. In addition to the penalty described in subsection (E)(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 section. The Director's determination to suspend a permit shall be subject to appeal as provided in this Code. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 54 3. In addition to the penalties described in subsections (E)(1) and (2) of this section, any person who violates this section 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 (1) 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. F. 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 section, the Director may require such person to obtain an oak tree permit pursuant to this Code. • • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 55 17.51.050 Outdoor Lighting Standards. SUBSECTIONS: A. Purpose. B. Applicability. C. Exemptions. D. Lighting Standards. A. Purpose. These regulations are intended to Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment, and commerce. 2. Conserve energy and resources to the greatest extent possible. 3. Minimize adverse off-site light trespass and/or obtrusive light. 4. Reduce light pollution and preserve the nighttime environment. 5. Protect the natural environment and the general public health, safety and welfare from the adverse effects of excessive night lighting from electric sources. • B. Applicability. 1. New Lighting. Unless otherwise expressly stated, this section shall apply to all new* outdoor lighting. Outdoor lighting includes, but is not limited to all lighting fixtures attached to buildings, structures, poles, or self-supporting structures and may be found on parking lots, walkways, building entrances, outdoor or exterior sales areas, landscaping, recreational fields, and building facades. 2. Replacement Lighting. Unless otherwise expressly stated, the standards of this section apply whenever additions or replacements to existing outdoor lighting are installed, including upgrades and/or replacements to damaged or destroyed fixtures. C. Exemptions. The following lighting fixtures and systems shall be exempt from the requirements of this section: 1. Lighting fixtures within the public right of way. 2. Lighting required by a health or life safety statute, ordinance, or regulation, including but not limited to, emergency lighting required by the Occupational Safety and Health Administration. 3. Temporary lighting used by law enforcement or emergency services personnel to protect life or property. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 56 i 4. Temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure. 5. Lighting used in, or for the purpose of, lighting swimming pools, hot tubs, decorative fountains, and other water features, subject to Article 680 of the California Electrical Code. 6. Temporary lighting for activities permitted by a temporary use permit. 7. Sign lighting (Refer to Section 17.5 1.080 (Sign Regulations)). 8. All outdoor light fixtures producing light directly by combustion of fossil fuels, such as kerosene lanterns, tiki torches, or gas lamps. 9. Spotlights and flood lighting is permitted for the purpose of emphasizing architectural accents or details on buildings, sculptures, or landscaping, as long as such lighting does not create light trespass or obtrusive light. Such lighting shall be prohibited between the hours of midnight and sunrise if projected above the horizon. 10. Lighting for public and/or private facilities including but not limited to prisons, airports, sports fields/ playfields, helipads/heliports, and hospitals. D. Lighting Standards. General Requirements. a. Shielding. All lighting shall be directed downward and be of a cut-off design so the luminary and/or lens do not protrude below the luminary housing and is not visible from a public right of way. b. Light Trespass. Lighting may not illuminate other properties and shall be directed downward to prevent off-site glare. c. Appurtenances. Lighting shall be operated so that they do not disturb the peace, quiet, and comfort of adjacent, neighboring uses, and shall be screened and/or shielded from surrounding properties and streets. d. Lighting Plan. Except for new and additions to single-family residences, applications for new buildings and building additions, and proposed modifications shall include the location, fixture type, fixture height, and photometric information of all outdoor lighting and information about shut-off timers and hours of operation for outdoor lighting where required by this section for review and approval by the Director. 2. Requirements for Commercial, Industrial, and Mixed Uses. All lighting shall comply with the following: January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 57 a. Building Entrance Lighting. All building entrances shall install light fixtures that provide accurate color rendition so that persons entering or exiting the* establishment can be easily recognized. Building entrance lighting shall be used between sundown and 10 p.m. or one hour past the close of the business, whichever is later. b. Hours of Operation. i. Outdoor lighting shall be turned off between the hours of 10 p.m. and sunrise, except where uses operate past 10 p.m., lighting shall be turned off one hour after the close of business or use dimmers per subsection (2) (C), below. ii. All outdoor lighting systems shall install one or more of the following: (a) Automatic time switch controls used to turn lighting off after 10 p.m.; (b) Motion sensors used to turn on lighting after 10 p.m. when activity is detected. Such lighting shall remain on no longer than 10 minutes after being activated; or (c) In lieu of turning lighting off, automatic dimmers used to reduce light levels by a minimum of 50 percent after 10 p.m. • iii. Exemptions. (a) Code required lighting for steps, stairs, walkways, and points of ingress and egress to building and other facilities. (b) Lighting governed by a discretionary use permit in which times of operation are specifically identified. 3. Requirements for Residential Sports Courts. a. Outdoor lighting for residential sports courts shall comply with the standards as set forth in Section 17.57.040 (Accessory Buildings and Structures). 4. Prohibitions. The following lighting fixtures and systems shall be prohibited: a. Drop down lenses; b. Mercury vapor lamps; C. Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 58 • 5. Maintenance. Outdoor lighting fixtures and lamps shall be maintained in good working • order. 6. Modifications. Modifications to the standards in this section shall be approved through Section 17.24.120 (Minor Use Permit). is 11 January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 59 17.51.060 Parking Standards. SUBSECTIONS: • A. Purpose. B. Applicability. C. Permanent Maintenance Required. D. Ownership of Required Space, E. Specifications for Development of Parking Facilities. F. Parking Structure and Covered Parking Requirements. G. Parking for Disabled Persons. H. Parallel and Tandem Automobile Parking Spaces. I. On -Site Bicycle Parking Requirement. J. On -Site Parking Requirement. K. Fuel-efficient, Low -emitting, and Carpool/Van Pool Vehicles. L. Loading Areas. M. Schedule of Off -Street Parking Requirements. N. Modification of Off -Street Parking Requirements. O. Commercial Vehicle Prohibition. A. Purpose. It is the purpose of this section to establish comprehensive parking provisions to effectively regulate the design of parking facilities and equitably establish the number of parking spaces required for various uses. The standards for parking facilities are intended to promote vehicular and pedestrian safety and efficient land use. They are also intended to promote compatibility between parking facilities and surrounding neighborhoods and to protect property • values by providing such amenities as landscaping, walls and setbacks. Parking requirements are established to assure that an adequate number of spaces is available to accommodate anticipated demand in order to lessen traffic congestion and adverse impacts on surrounding properties. B. Applicability. The provisions of this section shall apply at the time a building or structure is erected, altered, or enlarged, or when the use and/or occupant load of a building or structure is changed. Alterations, enlargements, increases, additions, modifications or any similar changes to uses, buildings, or structures nonconforming due to parking shall comply with Chapter 17.05 (Legal Nonconforming Uses, Lots, and Structures). 2. In the case of mixed uses, the total number of parking spaces required shall be the sum of the requirements for the various uses computed separately. Required parking spaces for one use shall not be considered required parking spaces for any other use unless allowed by a minor use permit in accordance with Section 17.24.120 (Minor Use Permit). 3. Parking spaces established by this section shall be improved as required by this section prior to occupancy of new buildings or structures, or occupancy of a new use in the case of an existing building or structure which has been altered or enlarged in accordance with subsection (1) of this section. January 2013 1 DRAFT • Division 17.50 —Development Standards (17.51-17.57) Page 60 0 • 4. The provisions of this section shall not apply to temporary parking facilities authorized by an approved temporary use permit, except where specifically required by the Director. 5. The provisions of this section in effect at the time of final approval of applications for conditional use permits, minor use permits, development review, and other similar zoning cases shall apply, unless new uses are proposed. C. Permanent Maintenance Required. Parking facilities required by this section shall be conveniently accessible and permanently maintained to remain clear and legible to the satisfaction of the Director unless the use for which the parking was required ceases to exist. If a required garage or parking structure is destroyed, it shall be reconstructed within one year, unless additional time is permitted by the Director. D. Ownership of Required Space. Except as provided in subsection (2) of this section, space required by this section for parking shall either be the property of the owner of the premises, or the owner of the premises shall have the right to use such space for parking by virtue of a recorded lease. The lease shall require that upon expiration or cancellation, the party using the parking spaces provided by the lease, prior to the effective date of such expiration or cancellation, shall notify the Director of such event. If the lease is canceled, expires, or is otherwise voided, other parking shall be provided in accordance with this section. If the required parking is not provided for any use covered by the former lease, such use shall be immediately terminated. 2. Ownership, or a recorded lease of required parking space, is not necessary if another alternative is specifically allowed by a minor use permit approved in accordance with Section 17.24.120 (Minor Use Permit). E. Specifications for Development of Parking Facilities. All land used for parking, other than a lot or parcel of land having a gross area of one acre or more per dwelling unit used, designed or intended to be used for residential purposes, shall be developed and used as follows: 1. Paving. Where access to a parking space or spaces is from a highway, street or alley which is paved with asphaltic or concrete surfacing, such parking areas, as well as the maneuvering areas and driveways used for access thereto, shall be paved with: a. Concrete surfacing to a minimum thickness of three and one-half (3.5) inches, with expansion joints as necessary; or b. Asphalt surfacing, rolled to a smooth, hard surface having a minimum thickness of one and one-half (1.5) inches after compaction, and laid over a base of crushed rock, gravel or other similar material compacted to a minimum thickness of four (4) inches. The requirement for said base may be modified if: i A qualified engineer, retained to furnish a job -site soil analysis, finds that said base is unnecessary to ensure a firm and unyielding subgrade, equal January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 61 from the standpoint of the service, life and appearance of the asphaltic surfacing to that provided if said base were required, and so states in writing, together with a copy of his findings and certification to such • effect; or ii Other available information provides similar evidence. C. Other alternative material that will provide at least the equivalent in service, life and appearance of the materials and standards which would be employed for development pursuant to subsection (1)(a) or (1)(b) of this section. d. The City Engineer, at the request of the Director, shall review and report on the adequacy of paving where modification of base is proposed under subsection (1)(b) of this section, or where alternative materials are proposed under subsection (1)(c) of this section. The City Engineer may approve such modification or such alternative materials if, in his opinion, the evidence indicates compliance with subsections (1)(b) or (1)(c) of this section as the case may be. 2. Marking of Spaces. a. Each parking space shall be clearly marked with white paint or other similar distinguishable material, except spaces established in a garage or carport having not more than three (3) spaces. b. Striping for parking spaces may be modified by the Director where there is a dual is use of the parking facility or where an alternate paving material as described in subsection (1)(c) of this section is used. In approving such modification by site plan the Director shall require suitable alternate means of marking the space to ensure the required number of spaces is provided. 3. Wheel Stops. Wheel stops shall be provided for parking lots with a slope of more than three (3) percent, except that the installation of wheel stops is optional for parking stalls oriented at right angles to the direction of slope. 4. Slope. Parking lots shall not have a slope exceeding five (5) percent, except for access ramps or driveways which shall not exceed a slope of fifteen (15) percent. 5. Design. a. Parking spaces shall have the following minimum dimensions: i For single-family and two-family residential uses, each parking space shall be fully enclosed and have minimum dimensions of ten (10) feet by twenty (20) feet. Parking spaces shall be designed to remain free and clear of all obstructions, including, but not limited to, washer/dryer units, water heaters, etc. All required garages shall maintain a minimum opening of January 2013 j DRAFT Division 17.50—Development Standards (17.51-17.57) Page 62 • eight (8) feet in width by seven (7) feet in height for each parking stall or sixteen (16) feet in width by seven (7) feet in height for double stalls. b. Parking lots shall be designed so as to preclude the backing of vehicles over a sidewalk, drive-through lane, public street, alley or highway. Parked vehicles shall not encroach on nor extend over any sidewalk. Parking spaces and drive aisles shall be designed and striped as shown in Figure 17.51 — 9 (Minimum Dimensions for Standard Parking Stalls) below: Direction (a) Angle in degrees (b) Stall (c) Aisle (d) Overall Width (e) Curb Length One-way* 30 16'10" 15'10" 49'2" 18' 45 19'1" 16'6" 54'8" 12' 8" 60 20'1" 1954" 59'6" 10'5" Two-way 90 18' 26' 62' 9' *Angled parking with two-way traffic shall have a minimum drive aisle width of 26 feet. Figure 17.51 — 9 Minimum Dimensions for Standard Parking Stalls Modifications to the designs shown above may be approved by the Director; provided, that such modifications are compatible with the design criteria contained above. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 63 C. No dead-end drive aisles shall be permitted to be any longer than ten (10) parking stalls or one hundred (100) feet in length, whichever is more restrictive, unless adequate turnaround space is provided to the satisfaction of the Director. 6. Site Plans. A site plan shall be submitted to the Director to ensure that said use will properly comply with the provisions of this Code. F. Parking Structure and Covered Parking Requirements. Parking structures and covered parking shall be designed to meet the following design requirements. 1. Parking Structures. a. Parking Structure Setback. The setbacks for the exterior walls of any above- ground or underground parking structure shall not encroach into the minimum above -grade building/structure setbacks. b. Vertical Clearance. The minimum height from the floor to the lowest ceiling structure, support beam, or overhead fixture, such as a conduit, pipeline, lighting, signage, or any obstruction mounted on the ceiling shall be as follows: i. Eight (8) feet two (2) inches for parking areas, including areas providing accessibility to parking spaces for the disabled; ii. Fourteen (14) feet for areas providing access to loading areas. C. Parking Stall Width. When the side of a parking stall abuts a building, fence, wall, • support column or otherobstruction which would interfere with access to a motor vehicle, the width of such required stall shall be increased by one foot to the parking stall requirement. d. Dead-end Drive Aisles. No dead-end drive aisles shall be permitted to be any longer than ten (10) parking stalls or one hundred (100) feet in length, whichever is more restrictive, unless adequate turnaround space is provided to the satisfaction of the Director. e. Parking Structure Ramps. Ramps with adjacent parking. The maximum grade of ramp slopes and adjacent parking areas shall not exceed five (5) percent. The minimum ramp width shall be 26 feet. ii. Ramps with no adjacent parking. The maximum grade of ramp slopes with no adjacent parking shall not exceed 15 percent. The minimum ramp width shall be 26 feet. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 64 • • • iii. Circular ramps. The maximum grade of a circular ramp shall not exceed twelve (12) percent, as measured at the outside ramp wall. The minimum ramp width shall be 36 feet. iv. Ramp Transitions. All ramps shall be provided with transition zones at the top and bottom of the ramps so that vehicles will be able to pass over such change in slope without interference with their undercarriages. The grade of a transition zone shall not exceed fifty (50) percent of the grade of the ramp itself. Ramp transition zones shall be a minimum of twelve (12) feet in length. Vertical clearance shall be provided at transition zones in addition to the minimum required in subsection (1) (b) above, to accommodate vehicles entering and exiting the parking structure. f. Stairwells. All stairwells shall be designed to be an integral part of the structure. g. Mirrors. Viewing mirrors shall be installed in order to provide adequate sight distance, to the satisfaction of the Director. h. Architectural Design Standards. Parking structures shall be designed in compliance with the City's Community Character and Design Guidelines with articulated elevations and architectural elements added that give the structure proportions that reflect a regular building. 2. Carports for Required Parking. All carports shall be subject to the following criteria: a. Vehicles parked in such carports are completely or predominately screened from view of the public street by means of landscaping, grade differentials, walls, structures or other means. b. The carports are enhanced by landscaping and/or other decorative design materials. C. The layout of carport areas incorporates design variations to avoid a long, linear and monotonous appearance. d. The exterior building materials of such carports are of similar quality and architectural style to that of the main building on-site. e. Roof pitches are generally consistent or compatible with those of the main buildings on-site. G. Parking for Disabled Persons. 1. Accessibility Requirements. Parking facilities shall be properly designed, constructed, and maintained to provide for access by the physically disabled from public rights-of- way, across intervening parking spaces, and into structures, including parking spaces specifically designed and located for the use of the disabled/handicapped. Standards for January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 65 the facilities shall be based on the standards of the California Building Code (CBC) and other applicable guidelines. 2. Number, location of, and access to spaces required. Parking spaces for the disabled shall be provided in compliance with the California Building Code (CBC) and with the sign requirements of the California Vehicle Code, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required in Division 17.40 (Use Classifications and Required Parking). H. Parallel and Tandem Automobile Parking Spaces. Parallel Parking Spaces. For commercial uses, parallel parking spaces shall not be permitted as required parking. For industrial and office uses, no more than twenty (20) percent of the required number of parking spaces may be parallel parking spaces, with the approval of the Director. For multifamily residential uses parallel parking spaces shall be permitted. Where permitted, these parallel spaces shall have a minimum dimension of ten (10) feet by twenty (20) feet. Where an industrial or office use ceases to exist, the parallel spaces shall not be included in required parking. 2. Tandem Parking Spaces. With the exception of mobilehome parks, caretaker's residence, and second residential units, tandem parking spaces shall not be permitted as required parking areas. With the approval of a minor use permit, multifamily residential units are permitted to have tandem parking spaces in a twelve (12) foot by forty (40) foot enclosed garage with direct access to the residential units for which the parking is designated. I. On -Site Bicycle Parking Requirement. Except as otherwise provided in this section, every use* shall provide on-site bicycle parking facilities to accommodate the required number of bicycle parking spaces. All bicycle parking shall be conveniently located near the street or entrance to the building, to the satisfaction of the Director. Number of Bicycle Spaces Required. Every use shall provide on-site bicycle parking spaces in accordance with the following ratios: Retail/Commercial Uses 1 space per each 25 vehicle parking stalls Office Uses 1 space per each 30 vehicle parking stalls Industrial Uses 1 space per each 40 vehicle parking stalls Multifamily Residential Uses 1 space per each 5 residential units Mixed Uses Subject to the review and approval of the Director 2. Bicycle Parking Facilities. Parking facilities shall be conveniently located and may include the following: a. Covered, lockable enclosures with permanently anchored racks for bicycles; January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 66 • • b. Lockable bicycle rooms with permanently anchored racks; and C. Lockable, permanently anchored bicycle lockers. J. On -Site Parking Requirement. Except as otherwise provided in this section, or unless expressly allowed by a minor use permit for a shared parking agreement or parking reduction, pursuant to subsection (N) (Modification of Off -Street Parking Requirements), every use shall provide the required number of parking spaces on the same lot or parcel of land on which the use is located. For the purposes of this section, transitional parking spaces separated only by an alley from the use shall be considered to be located on the same lot or parcel. K. Fuel-efficient, Low -emitting, and Carpool/Van Pool Vehicles. Except as otherwise provided in this section, every use shall provide the required number of designated parking for any combination of fuel-efficient, low -emitting, and carpool/van pool vehicles as follows: Number of Spaces Reauired. Total Number of Parking Spaces Number of Required Spaces 0-9 0 10-25 1 26-50 3 51-75 6 76-100 8 101-150 11 151-200 16 201 and over At least 8 percent of total L. Loading Areas. 1. General Provisions. a. Required loading facilities shall be located on the same site as the use requiring such facilities; b. No required loading facilities shall be located in any required setback areas; C. Whenever possible, loading areas and docks shall be permitted only in rear and side lot areas and; if facing a public street, shall be screened from view of such street; January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 67 d. Sufficient space for turning and maneuvering loading vehicles shall be provided on the site. Turning radii shall be consistent with California Department of Transportation standards; e. Loading spaces shall be located and designed so that trucks shall not back into a public street; f Adequate treatment such as walls and landscaping shall be required to the satisfaction of the Director as necessary to screen and buffer the loading area from nearby residences, and; g. Loading areas shall be used for the purposes of temporary loading or unloading only and shall not be used for parking. 2. Dimensional Requirements. Type of Space Width Length Height Delivery van space 12' 20' 14' Semi -truck space 12' 50' 14' 3. Number. Every nonresidential use shall provide sufficient on-site loading and unloading space as follows (required loading and unloading spaces for uses not specified below shall be determined by the Director): January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 68 • • a. Commercial Uses. Use Floor Area in Square Feet No. of Spaces Required Office (medical and professional) 0-25,000 1 delivery van space manufacturing Over 25,000 2 delivery van spaces Retail and services 0-25,000 1 delivery van space 25,001-50,000 2 delivery van spaces Over 50,000 1 semi -truck space Retail (single occupancy) Over 30,000 1 semi -truck space Retail (retail center) N/A Determined by Director Hospitals Less than 50,000 1 delivery van space 50,001-100,000 1 semi -truck space Over 100,000 2 semi -truck spaces Restaurants, hotels and motels N/A 1 delivery van space b. Industrial Uses. Use Floor Area in Square Feet No. of Spaces Required Warehouses and 015,000 1 delivery van space manufacturing 15,001--40,000 1 semi -truck space 40,001-100,000 2 semi -truck spaces Over 100,000 2 semi -truck spaces + 1 semi -truck space for each additional 50,000 sq. ft. to a maximum of 6 loading spaces Multi -tenant industrial N/A Determined by Director M. Schedule of Off -Street Parking Requirements. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 69 I . Purpose. Off-street parking requirements are established to identify minimum parking requirements for specific use types. Additional parking may be required if deemed® necessary by the Director. 2. Uses Not Specified. Where parking requirements for any uses are not specified, parking shall be provided in an amount which the Director finds adequate. to prevent traffic congestion and excessive on -street parking. Whenever practical, such determination shall be based upon the requirements for the most comparable use specified in Division 17.40 (Use Classifications and Required Parking). 3. Access to Parking Spaces for Nonresidential Uses. Parking spaces in multi -tenant commercial centers, office centers, industrial centers, and in all nonresidential developments, shall not be assigned to specific businesses or tenants and shall remain available to all tenants within the center, unless otherwise permitted by the Director. The use of time limits for such parking spaces may be permitted. 4. Schedule of Off -Street Parking Requirements by Use Type. Specific use types shall provide the minimum number of parking spaces as indicated in Division 17.40 (Use Classifications and Required Parking), Chapter 17.38 (Overlay Zones), and Chapter 17.55 (Property Development Standards — Mixed Use). N. Modification of Off -Street Parking Requirements. 1. Shared Parking. Shared parking shall be allowed with approval of a minor use permit for shared parking agreements, pursuant to Section 17.24.120 (Minor Use Permit) of this Code. a. Parking facilities may be jointly used with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Requests for shared parking are subject to the following conditions: i. A parking analysis and survey data conducted by a licensed traffic engineer or other traffic professional acceptable to the Director, shall be submitted and demonstrate that substantial conflict will not exist in the principal hours or periods of peak demand for the uses which the joint use is proposed. ii. The peak hours of parking demand from all uses shall not coincide so that peak demand is greater than the parking provided. iii. The number of parking spaces which may be credited against the requirements for the structures involved shall not exceed the number of parking spaces reasonably anticipated to be available during differing hours of operation. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 70 CJ • iv. A written agreement shall be to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the number of spaces designated for the joint use. 2. Reduction of Parking. Reduction in the number of parking spaces required by this Code may be permitted by up to 20 percent with approval of a minor use permit. Parking reductions greater than 20 percent may be permitted subject to the approval of a minor use permit by the Commission. A request for a reduction of parking may be granted if the Approving Authority makes the findings pursuant to Section 17.24.120 (Minor Use Permit). The Approving Authority may also impose the following conditions of approval: a. Conditions of Approval. Parking demand study conducted by a licensed traffic engineer or other traffic professional acceptable to the Director shall be provided with each request for a reduction of parking. The Approving Authority may impose conditions relative to the duration of the permit, operation of the land use, regulation of hours of operation, or such other conditions that the Approving Authority may deem necessary to ensure the compatibility of the use with surrounding uses, and to preserve the public health, safety, or welfare. b. Permit Does Not Run with the Land. A request for a reduction of parking is valid as long as the specific land use(s) remains the same as at the time of permit issuance, including but not limited to, tenancy, hours of operation, services or goods offered and a mix activities within the use. The permit does not run with the land, therefore is null and void if circumstances warranting the parking reduction change. 3. Transitional Parking. Transitional parking on property that is zoned residential or open space may be permitted with the approval of a minor use permit, pursuant to Section 17.24.120 (Minor Use Permit) of this Code. Transitional parking shall be subject to the following: a. For the purposes of this section, transitional parking spaces separated only by an alley from the use shall be considered to be located on the same lot or parcel; b. Transitional parking shall not be considered shared parking, unless a shared parking agreement is approved; C. If transitional parking is located on an adjacent parcel to the use, then both parcels shall be under the same ownership; and d. If transitional parking is located on an adjacent parcel to the use, then a covenant January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 71 or other agreement shall be executed to the satisfaction of the Director and shall be recorded in the County Recorder's Office to ensure the continued availability of the parking spaces. O. Commercial Vehicle Prohibition. The parking of any commercial vehicle, as defined in the Vehicle Code, having a gross vehicle weight (GVW) of greater than twelve thousand (12,000) pounds, on any property zoned for residential uses, is prohibited, with the exception of the following: a. Vehicles while in the act of loading or unloading passengers, materials, or merchandise; b. Vehicles engaged in performing a service activity on the adjacent lot or parcel of land; and C. Vehicles when necessarily in use for construction work being performed in the immediate vicinity. • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 72 17.51.070 Road Dedication, Improvements and Other Requirements. ® SUBSECTIONS A. Bonds and Insurance. B. Legislative Provisions. C. Road Dedications and Improvements. A. Bonds and Insurance. Bond or Assignment of Savings and Loan Certificates or Shares Required When. When one or more conditions are attached to any grant, modification or appeal of a zone change, permit, variance or other use or structure review, the Review Authority may require the owners of the property to which such approval applies, to file a surety bond or corporate surety bond, or to deposit money, savings and loan certificates or shares with the Council in a prescribed amount for the purpose of guaranteeing the faithful performance of conditions placed on the approval. 2. Procedure for Assignment of Savings and Loan Certificates or Shares. Where savings and loan certificates or shares are deposited, they shall be assigned to the City subject to all provisions of the Municipal Code. 3. Insurance Required When—Exceptions. The Review Authority may also require the owners of the property to which such approval applies to file a policy of insurance equal • in amount to the amount of the required bond or deposit, insuring all persons against any injury or annoyance arising from the breach of such conditions unless: a. If the bond is filed, it includes as obliges all such persons; or b. If money, savings and loan certificates or shares are deposited, such owners also file an agreement in writing with the City Clerk that the City may satisfy in whole or in part from such deposit any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance. B. Legislative Provisions. 1. Continuation of Existing Law. The provisions of this Code, as long as they are substantially the same as the provisions of any ordinance, or portions of any ordinance repealed by provisions codified in this section, shall be construed as restatements and continuations of these ordinances, and not as new enactments. 2. Zone Exception—Deemed Variance When. Where a zone exception granted by action of the Los Angeles County prior to November 5, 1971, may be granted as a variance under the present provisions of this Ordinance, it shall be deemed a variance. 3. Zone Exception—Considered Nonconforming Use When. In all cases other than as provided in subsection (4) below, where a zone exception was granted by action of the January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 73 Review Authority prior to November 5, 1971, such use shall be considered a nonconforming use under the provisions of this Code, provided: a. That such uses shall remain in compliance with and subject to all limitations and* conditions imposed by such grant; and b. That all provisions governing nonconforming uses not in conflict with the limitations and conditions of such grant shall apply. 4. Zone Exception Considered Conditional Use. Notwithstanding the provisions of subsection (C), above, where a zone exception, granted by action of Los Angeles County prior to November 5, 1971, may be granted as a Class IV application under the present provisions of Code, it shall be deemed a Class IV permit. 5. Rights Under Existing Approval Not Affected. No rights given by any permit, license or other approval under any ordinance repealed by the provisions of this section are affected by such repeal, but such rights shall hereafter be exercised according to the provisions of this Code. 6. Convictions for Crimes. Any conviction for a crime under any ordinance which is repealed by this section, which crime is continued as a public offense by this Code, constitutes a conviction under this Code for any purpose for which it constituted a conviction under such repealed ordinance. 7. Repeal Does Not Revive Any Ordinance. The repeal of any ordinance amending this • Code shall not revive any amendment adopted prior to the repealed ordinance amendment. C. Road Dedications and Improvements. 1. Purpose. Except as otherwise provided in this Code, a building or structure shall not be used on any lot or parcel of land any portion of which abuts upon an alley, street or highway unless the one-half (1/2) of the alley, street or highway which is located on the same side of the centerline as such lot or parcel of land has been dedicated and improved as provided in this section. 2. Exemptions Existing Buildings and Structures. This section shall not apply to the use, alteration or enlargement of an existing building or structure, or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement, or construction does not exceed one-half (1/2) of the current market value of all existing buildings or structures on such lot or parcel of land as determined by the Building Official. 3. Exceptions—Proposed Buildings or Structures. This section shall not apply to the following buildings or structures: January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 74 0 • a. Accessory agricultural buildings where used primarily for agricultural purposes, including but not limited to: barns and stables. b. Temporary uses as prescribed by this Code. C. Other similar uses which, in the opinion of the Director, will not generate a greater volume of traffic than the uses enumerated in this subsection. 4. Major Bridge and Thoroughfare Fees. Except as otherwise provided in subsection (2) of this section, a building or structure shall not be used on any lot or parcel of land, any portion of which is located within a bridge or major thoroughfare district established pursuant to Section 17.51.010 (D) (Major Thoroughfare and Bridge Fees) unless the required district fee has been paid as a condition of issuing a building permit. 5. Dedication Standards. Alleys, streets and highways shall be dedicated to the width from the centerline specified in this Code, and including corner cutoffs specified in Section 16.11.030 (Right of Way) except that dedication in any case shall not be required to such an extent as to reduce the area or width of any lot or parcel of land to less than that specified in this Code unless approved by Section 17.24.100 (Adjustment) or Section 17.25.120 (Variance). 6. Improvements. Before a structure subject to the provisions of this section may be used, curbs, gutters, sidewalks, base, pavement, street lights, street trees and drainage structures, where required, shall be constructed at the grade and at the location specified by the City Engineer, unless there already exists within the present right-of-way, or on property the owner has agreed to dedicate, curbs, gutters, sidewalks, base, pavement, street lights, street trees or drainage structures which are adequate, and the City Engineer so finds. Sidewalks shall be not less than four (4) feet in width unless the available portion of the highway or street is less, in which case they shall be the width specified by the City Engineer. Curbs, gutters, drainage structures, base, pavement, street lights, street trees and sidewalks shall comply with the standards of the City Engineer. All construction within the existing or proposed road right-of-way shall be done under provisions of Title 13 of the Municipal Code. a. Undergrounding of Utilities. All new and existing utilities shall be located underground, including along project street frontage. When locating utilities underground is not possible, they shall be screened from view to the satisfaction of the City Engineer. 7. Agreement to Dedicate. In lieu of dedication, the City Engineer may accept an agreement to dedicate signed by all persons having any right, title or interest in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged, and the City Engineer shall record such agreement with the County Recorder. 8. Agreement to Improve—Contents—Completion of Work by City Authorized When— Costs: January 2013 1 DRAFT Division 17.50 -Development Standards (17.51-17.57) Page 75 a. In lieu of the required improvements, the City Engineer may, at their discretion, accept from any responsible person a contract to make such improvements. Said improvements shall be completed within the time specified in the agreement to improve, except that the City Engineer may grant such additional time as he deems necessary if, in the opinion of said City Engineer, a good and sufficient reason exists for the delay. b. Such contract shall be accompanied by a deposit with the City of a sum of money. The owners thereof shall assign such certificates or shares to the City of Santa Clarita, and such deposit and assignment shall be subject to all the provisions and conditions of this Code. C. If the estimated cost of the improvements equals or exceeds one thousand dollars ($1,000), in lieu of such deposit the applicant may file with the City a corporate surety bond guaranteeing the adequate completion of all of the improvements, in a penal sum equal to such estimated cost. d. Upon the failure of said responsible person to complete any improvement within the time specified in an agreement, the City may, upon notice in writing of not less than ten (10) days served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of the person, firm or corporation signing such contact, determine that said improvement work or any part thereof is incomplete, and may cause to be forfeited to the City such portion of deposits given for the faithful performance of said work, or may cash any instrument of credit so deposited in such amount as may be necessary to complete the improvement work. 9. Modifications. a. The City Engineer may grant a modification to the provisions of this section and relieve the applicant either from compliance with all or a portion of the provisions thereof if they find: i. Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing, would be subject to the provisions of this section, and the requirement to dedicate, pave, or improve would require a greater width than is the alley street or highway abutting the existing buildings or structures on the adjoining properties; or ii. The lot or parcel of land adjoins an alley, street, or highway for a distance of one hundred (100) feet or more, and only a portion of said lot or parcel of land is to be used for such building or structure or occupied by such use. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 76 b. The City Engineer may grant a modification to the provisions of this section and relieve the applicant either from compliance with all or a portion of the provisions • thereof if they find: i. There is in existence or under negotiation a contract between the City and a contractor to install the required improvements; or ii. The City Engineer is unable to furnish grades within a reasonable time; or iii. The required construction would create a drainage or traffic problem; or iv. The construction will be isolated from a continuous roadway which may not be improved for many years; or V. There are in existence partial improvements satisfactory to the City Engineer, and they deem the construction of additional improvements to be unnecessary or to constitute an unreasonable hardship. 10. Intersection Improvements. All major to major highway intersections and major to secondary highway intersections impacted by development shall be augmented to provide additional capacity as required by the City Engineer. 11. Where private streets are included as part of new commercial, industrial, or multifamily residential development, the private streets shall be constructed to the same standards as • public streets, except as otherwise approved by the Review Authority. E 12. A developer, as a condition of issuance of a building occupancy permit, shall update the traffic signal timing at all signalized locations determined by the City Engineer to experience significant changes in vehicular volumes and/or travel patterns due to said project. At the discretion of the City Engineer, in lieu of updating the traffic signal timing, the developer shall pay a fee in accordance with the City's current fee schedule established by Council. Such fee shall be separate and apart from any other fee collected or imposed by any other City ordinance or regulation. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 77 17.51.080 Sign Regulations (Private Property). SUBSECTIONS: A. Purpose. B. Applicability. C. General Provisions. D. Administration. E. General Location, Height and Area Standards. F. Design, Material, Construction and Maintenance Standards. G. Commercial Signs in General. H. Building Identification Signs. I. Construction Signs. J. Directional and Informational Signs. K. Incidental Business Signs. L. Monument Signs. M. Off -Site Signs. N. Pylon Signs. O. Real Estate Signs. P. Special -Purpose Signs. Q. Subdivision Identification, Sales, Entry and Special -Feature Signs. R. Temporary Freestanding Signs. S. Wall Signs. T. Window Signs. U. Prohibited Signs. V. Removal of Signs. W. Appeals. X. Sign Regulations Matrix. Y. Illustration of Sign Types. A. Purpose. The purposes and intent of these sign regulations include to: 1. Regulate signs located on private property within the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. 2. Implement the City's community design and safety standards as set forth in the City's General Plan, specific plans, special standards districts, City Beautification Master Plan, City Community Character and Design Guidelines and Municipal Code. 3. Maintain and enhance the City's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. 4. Serve the City's interests in maintaining and enhancing its visual appeal for residents, tourists and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located or maintained signage. January 2013 1 DRAFT Division 17.50 —Development Standards (I T51-17.57) Page 78 • 5. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. 6. Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business. 7. Encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property. 8. Establish sign sizes in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains. 9. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways. 10. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the City. 11. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information. • 12. Reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. 13. Regulate signs in a manner so as to not physically interfere with or obstruct the vision of pedestrian or vehicular traffic. 14. Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City's building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter. 15. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety. 16. Enable the fair, consistent and efficient enforcement of the sign regulations of the City. 17. Regulate signs in a constitutional manner, which is content -neutral as to noncommercial signs and viewpoint -neutral as to commercial signs. All administrative interpretations and ® January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 79 discretion is to be exercised in light of this policy and consistent with the purposes and intent stated in this section. B. Applicability. This section regulates signs located on private property within all zoning districts of the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. Except where otherwise expressly provided in this section, all signs located in such areas of the City shall be erected and maintained in conformity with this section. The standards regarding the number and size of signs regulated by this section are maximum standards, unless otherwise stated. C. General Provisions. I. Sign Approval Required. Except as otherwise expressly provided in this section, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign approval from the Planning Division in accordance with the provisions of this section. No sign approval is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. The following signs do not require sign approval, provided, however, that each such sign shall comply with all applicable requirements of this section: a. Construction signs; b. Incidental business signs; C. Real estate signs; d. Temporary freestanding signs permitted by subsection (R) (Temporary Freestanding Signs); and e. Window signs. 2. Owner's Consent Required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the City. 3. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this section. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this section, all noncommercial speech messages are deemed to be "on-site," regardless of location. 4. Substitution of Noncommercial Message. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this section. No special or additional approval is required to substitute in January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 80 a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.), as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this section, the provisions of this subsection shall prevail. 5. Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed, nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages. 6. Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The City may demand compliance with this section and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. 7. Outdoor Advertising Act. With respect to any proposed sign that constitutes an • "advertising display" as defined by California Business and Professions Code Section 5202, and is intended to be placed or maintained within six hundred sixty (660) feet from the edge of the right-of-way of any interstate or primary highway and the copy of which shall be visible from such interstate or primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (California Business and Professions Code Sections 5200 et seq.). i D. Administration. 1. Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this title and section, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. 2. General Sign Approval Process. Where specifically required by this section, the application for a sign approval must be made in writing to the Planning Division. The application must contain the following information and items: a. A drawing to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 81 b. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises. C. The number, size, type and location of all existing signs on the same building, site or premises. d. Such other information as the Director may reasonably request in order to establish that the proposed application is in full compliance with the provisions of this section and code and any other applicable law. 3. Sign Review—Enhanced Signage. In addition to the standard signage permitted on all properties in accordance with the zoning and use of such property, applicants seeking sign permits for uses such as shopping centers, multi -tenant buildings and other structures or properties with additional signage needs including, but not limited to, properties that are irregularly shaped, large or have poor street visibility, may apply for the approval of signage not otherwise permitted under this section or which exceeds the standard regulations for signs set forth elsewhere in this section. 4. Master Sign Plans. Shopping centers containing five (5) tenants or more shall prepare a master sign plan for a unified design theme for the center that furthers the architectural theme for the center. This plan is subject to sign review for enhanced signage for conformance with this section and the Code. All signs in the center shall thereafter conform to such master sign plan or any master sign plan modification subsequently approved by the Director, provided such signage otherwise complies with this section. 5. Display of Sign Permit Number Required. The sign permit number must be affixed to each approved sign so that the approval of the sign can be verified by field inspection. The permit number must be easily readable from ground level but does not have to be part of the sign face. 6. Revocation of a Sign Permit. Subject to subsection (W) (Appeals), the Director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this section after written notice of noncompliance and at least fifteen (15) days' opportunity to cure. E. General Location, Height and Area Standards. Location Standards. a. Except as specifically provided in this section, no sign shall be located upon or project over a public right-of-way. b. No sign shall extend above the eave line or parapet or the lowest point on the sloping roof of the building on which it is located. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 82 C. Signs shall be designed and located so as not to interfere with the unobstructed clear view of another sign located on an adjacent property, the public right-of- way, and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver. d. No sign shall be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property. e. Except as specifically permitted in this section, all signs shall be considered on- site signs, which direct attention to a commercial or industrial occupancy, business, commodity, good, product,service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. 2. Sign Height. For freestanding signs, height shall be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height shall be measured from the elevation of the top of the curb fronting such sign when within ten (10) feet of a street property line. When a sign is set back from a property line more than ten (10) feet, sign height shall be measured from the elevation of the ground level surrounding the base of the sign. 3. Sign Area. The surface area of any sign face shall be computed from the smallest rectangles, circles or triangles which will enclose all words, letters, figures, symbols, designs and pictures, together with all framing, background material, colored or illuminated areas, and attention -attracting devices forming an integral part of the overall • display, but excluding all support structures, except that: a. Superficial ornamentation or symbol -type appendages of a nonmessage-bearing character which do not exceed five (5) percent of the surface area shall be exempted from computation. • b. Wall signs affixed directly to a building wall, facade or roof, and having no discernible boundary shall have the areas between letters, words intended to be read together, and any device intended to draw attention to the sign message included in any computation of surface area. C. Signs placed in such a manner, or bearing a text, as to require dependence upon each other in order to convey meaning shall be considered one sign and the intervening areas between signs included in any computation of surface area. d. Spherical, cylindrical or other three-dimensional signs not having conventional sign faces shall be computed from the smallest three-dimensional geometrical shape or shapes which will best approximate the actual surface area of such faces. e. Logos, sign bands and graphics shall be included as part of the calculation of sign area. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 83 F. Design, Material, Construction and Maintenance Standards. Each permanent approved sign shall comply with the following standards: 1. Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to: ceramic tile; sandblasted, hand -carved or routed wood; channel lettering; or concrete, stucco or stone monument signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. 2. Relationship to Buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, mixed use, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. 3. Relationship to Other Signs. Where there is more than one sign on a site or building, all permanent signs shall have designs that similarly treat or incorporate the following design elements: a. Type of construction materials; b. Sign/letter color and style of copy; C. Method used for supporting sign (i.e., wall or ground base); d. Sign cabinet or other configuration of sign area; • C. Illumination; and f Location. 4. Notwithstanding the provisions of this section, the Commission, after public hearing and notice pursuant to the provisions of this code, has the authority to establish special signage districts with specific design standards to enable reasonable flexibility for unique circumstances and special design themes. 5. Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties, and in no event shall illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources. 6. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable State, federal and City regulations including the City's building code and electrical code. 7. Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted and free from An January 2013 1 DRAFT MW Division 17.50 — Development Standards (17.51-17.57) Page 84 • • • rust, cracking, peeling, corrosion or other states of disrepair. The exposed back of any sign must be suitably covered. 8. Restoration of Building or Property. Within thirty (30) days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign. G. Commercial Signs in General. Commercial signs are permitted in all zones wherever commercial or other nonresidential uses are permitted subject to the regulations contained in subsections (G) (Commercial Signs in General) through (R) (Temporary Freestanding Signs). H. Building Identification Signs. Building identification signs are permitted in all zones subject to the following regulations: Number and Area. a. In NU zones, URI, UR2 and OS zones, one wall -mounted sign, not to exceed one square foot in sign area, shall be permitted per principal use. b. In UR3, UR4, and UR5zones, one wall -mounted sign, not to exceed six (6) square feet in sign area, shall be permitted per principal use. C. In C, MX, Pl, and I zones, one wall -mounted sign shall be permitted per principal use, provided: i. The sign does not exceed six (6) square feet in sign area where located less than thirty (30) feet above ground level, measured at the base of the building below such sign; or ii. The sign does not exceed two (2) percent of the exterior wall area of the building wall on which it is mounted, excluding penthouse walls, where located more than thirty (30) feet above ground level, measured at the base of the building below such sign. d. This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater number where otherwise permitted by this code and computed as part of the sign area permitted for commercial signs as provided in subsections (G) (Commercial Signs in General) through (R) (Temporary Freestanding Signs) of this section. 2. Lighting. Building identification signs may be internally or externally lighted, subject to the following: a. In R zones, no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts; and January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 85 b. In the OS zone, exposed lamps or light bulbs are prohibited. 3. Sign Copy. Only individual letters of a business name or individual letters and adjacent® logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. I. Construction Signs. Construction signs are permitted in all zones, subject to the following regulations: 1. Number and Area. a. In R and OS zones, one wall -mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided: The sign does not exceed twelve (12) square feet in sign area on any lot with street or highway frontage of one hundred (100) feet or less; or ii. The sign does not exceed sixty-four (64) square feet in sign area on any lot with street or highway frontage greater than one hundred (100) feet. b. In C, MX, PI, and I zones, one wall -mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided: i. The sign does not exceed ninety-six (96) square feet in sign area on any lot with street or highway frontage of one hundred (100) feet or less; or • ii. The sign does not exceed one hundred forty-four (144) square feet in sign area on any lot with street or highway frontage greater than one hundred (100) feet. 2. Height. Freestanding construction signs shall not exceed the following heights: a. In the R and OS zones—eight (8) feet; and b. In the C, MX, PI, and I zones—sixteen (16) feet. 3. Location. Construction signs shall be maintained only upon the site of the building or structure under construction, alteration or in process of removal. 4. Lighting. a. Construction signs in the R and OS zones shall be unlighted. b. Construction signs in C, MX, PI, and I zones may be internally or externally lighted. January 2013 1 DRAFT Division 17.50— Development Standards (17.51-17,57) Page 86 • 5. Time Limit. All construction signs shall be removed from the premises within thirty (30) days after the completion of construction, alteration or removal of the structure. • 6. Sign Copy. Names of owners, lenders, contractors, architects, engineers, future tenants and others associated with a construction project may be permitted. No other advertising matter may be permitted. J. Directional and Informational Signs. Freestanding or wall -mounted directional and informational signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: Sign Review for Enhanced Signage. In the R and OS zones, an application for a sign review for enhanced signage must be submitted and approved prior to the placement of any directional or informational signs. In addition to the findings generally required for sign review for enhanced signage, approval of such signs shall be contingent upon the additional finding that the geographic location of or access route to the use identified creates a need for any directional or informational signs not satisfied by other signs permitted by this section. . 2. Area. a. In all permitted zones, a maximum area of six (6) square feet per wall -mounted sign or freestanding sign face, including the base, shall be permitted. ® b. In all permitted zones, for properties where visibility constraints justify larger signing, a maximum area of twelve (12) square feet per wall -mounted sign or freestanding sign face, including the base, shall be permitted, pursuant to a review for enhanced signing. C. In all permitted zones, freestanding signs shall have no more than two (2) sign faces. 3. Height. a. In all permitted zones, freestanding signs shall not exceed a height of six (6) feet. b. In all permitted zones, for properties where visibility constraints justify higher signing, freestanding signs shall not exceed a height of eight (8) feet, pursuant to a sign review for enhanced signing. C. In all permitted zones, wall -mounted signs shall not exceed a height of three (3) feet. 4. Location. a. In the C, MX, PI, and 1 zones, freestanding signs shall be located on-site and shall be set back a minimum one foot from any street or public right-of-way. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 87 b. In the OS zone, freestanding signs may be located on-site and off-site and shall be •set back a minimum five (5) feet from any street or public right-of-way. C. In the R zone, freestanding signs shall be located on-site and shall be set back a minimum five (5) feet from any street or public right-of-way. d. In all permitted zones, freestanding signs shall be incorporated within a landscape planter unless permitted otherwise by the Director. e. In all permitted zones, freestanding signs shall be set back a minimum twenty-five (25) feet from any adjacent R or OS zoned property. 5. Lighting. a. In the C, MX, PI, and 1 zones, signs may be internally or externally lighted. b. In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty- five (25) watts. 6. Sign Copy. Name of business, organization, service and information providing direction may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. K. Incidental Business Signs. Incidental business signs are permitted in the C, MX, PI, and I zones • and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: 1. Each business establishment may be permitted an incidental business sign provided: a. The sign is a wall -mounted sign; and b. The sign does not exceed two (2) square feet in sign area. 2.. This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater numbers where otherwise permitted by this code or computed as part of the sign area permitted for commercial signs provided in this section. 3. Sign Copy. Name of incidental businesses indicating credit cards accepted, trading stamps offered, trade affiliations, and similar matter may be permitted. L. Monument Signs. Monument signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: 1. Number. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 88 a. In all permitted zones, only one monument sign may be permitted on any lot or • parcel of land having a minimum of one hundred (100) feet of continuous street or highway frontage. For the purposes of calculating frontage on a corner lot or commercial center, frontage shall include the total linear distance of such lot(s) on each of the streets. b. In the C, MX, PI, and I zones, notwithstanding subsection (1)(a) of this section, in the event of any commercial center, lot or parcel of land having continuous street or highway frontage exceeding one hundred (100) feet, one additional monument sign shall be permitted for each additional four hundred (400) feet of continuous frontage. In no event, however, shall a monument sign be located closer than two hundred fifty (250) feet from any other monument or freestanding sign on the same property or center. C. In order to reduce the number of nonconforming signs within the City, no parcel of land whereon there exists any legal nonconforming pylon sign shall be allowed a monument sign unless at least one existing legal nonconforming pylon sign or billboard of equal or greater sign area is first removed. 2. Area. a. In all permitted zones, a maximum area of fifty-four (54) square feet per sign face, including the base, shall be permitted. b. In the C, MX, PI, and I zones, for larger centers of three (3) or more acres or where visibility constraints justify a monument sign as opposed to a pylon sign, the sign may have an area exceeding fifty-four (54) square feet per sign face, including the base, pursuant to a sign review for enhanced signing. C. In all permitted zones, a monument sign shall have no more than two (2) sign faces that are back-to-back and facing in opposite directions. 3. Height. a. In all permitted zones, a maximum height of six (6) feet shall be permitted. b. In the C, MX, PI, and I zones, for larger centers of three (3) or more acres or where visibility constraints justify a monument sign as opposed to a pylon sign, a maximum height of up to eight (8) feet may be permitted, pursuant to a sign review for enhanced signing. 4. Location. a. In the C, MX, PI, and I zones, monument signs shall be set back a minimum one foot from any street or public right-of-way. is January 2013 J DRAFT Division 17.50— Development Standards (17.51-17.57) Page 89 b. In the R and OS zones, monument signs shall be set back a minimum five (5) feet from any street or public right-of-way. C. In all permitted zones, monument signs shall be incorporated within a landscape• planter unless permitted otherwise by the Director. d. In all permitted zones, signs shall be placed outside of a clear sight line setback zone defined as eight (8) feet from curb line at the centerline of the driveway, diminishing to the curb line measured fifty (50) feet from the centerline of the driveway in both directions. e. In all permitted zones, monument signs shall be set back a minimum twenty-five (25) feet from any adjacent R zoned property. 5. Lighting. a. In the C, MX, PI, and I zones, monument signs may be internally or externally lighted. b. In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty- five (25) watts. 6. Multiple -Tenant Signs. Monument signs displaying five (5) or more tenants per sign face are permitted pursuant to a master sign plan. • 7. Address. Monument signs shall clearly show the property address with letter sizes not to exceed eight (8) inches in height. 8. Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. M. Off -Site Signs. Notwithstanding any other provision of this section or code, any off -.site sign (including any billboard) that was lawfully erected prior to the effective date of the ordinance codified in this section may be maintained and repaired in accordance with the applicable regulations of this section as a legal nonconforming use; provided, however, that in no event shall such legal nonconforming use be expanded. N. Pylon Signs. In lieu of a monument sign as permitted in subsection (L) (Monument Signs), pylon signs are permitted in the C, MX, PI, and I zones and for commercial uses in the OS zones subject to the following regulations: 1. Number. January 2013 1 DRAFT • Division 17.50 —Development Standards (17.51-17.57) Page 90 a. In all permitted zones, a maximum of one pylon sign per parcel of land or commercial center containing a minimum of three (3) acres and five hundred • (500) feet of street frontage shall be permitted. For the purposes of calculating frontage on a comer lot, frontage shall include the total linear distance of such lot along each of the streets. b. In the C, MX, PI, and I zones, notwithstanding subsection (1)(a) of this section, in the event any commercial center, lot or parcel of land having continuous street or highway frontage exceeding five hundred (500) feet, one additional pylon or monument sign may be permitted for larger centers with more than one thousand (1,000) feet of street frontage, pursuant to a sign review for enhanced signing. In no event shall a pylon or monument sign be located closer than two hundred fifty (250) feet from any other pylon or monument sign on the same property or center. C. In order to reduce the number of nonconforming signs within the City, no parcel of and whereon there exists any legal nonconforming pylon signs shall be allowed another pylon sign unless all existing legal nonconforming pylon signs or billboards are first removed. 2. Area. a. In the C, MX, PI, and I zones, a maximum area of forty (40) square feet per sign face shall be permitted. • b. In the C, MX, PI, and I zones, for larger centers with more than one thousand (1,000) feet of street frontage, signs may have a maximum area up to one hundred sixty (160) square feet pursuant to a sign review for enhanced signing. C. In the OS zone, a maximum area of twenty-four (24) square feet per sign face shall be permitted. d. In all permitted zones, a pylon sign shall have no more than two (2) sign faces that are back-to-back and facing in opposite directions. 3. Height. a. In all permitted zones, a maximum height of fifteen (15) feet shall be permitted. b. In the C, MX, PI, and I zones, for larger centers with more than one thousand (1,000) feet of street frontage, a maximum height of up to twenty (20) feet may be permitted, pursuant to a sign review for enhanced signing. 4. Location. a. In the C, MX, PI, and I zones, pylon signs shall be set back a minimum of three (3) feet from any street or public right-of-way. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 91 b. In the OS zone, pylon signs shall be set back a minimum of five (5) feet from any street or public right-of-way. C. In all permitted zones, pylon signs shall be incorporated within a landscape is planter unless permitted otherwise by the Director. d. In all permitted zones, pylon signs shall be set back a minimum twenty-five (25) feet from any R zoned property. 5. Lighting. a. In the C, MX, PI, and I zones, pylon signs may be internally or externally lighted. b. In the OS zone, pylon signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts. 6. Multiple -Tenant Signs. Signs displaying five (5) or more tenants per sign face are permitted pursuant to a master sign plan. 7. Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. O. Real Estate Signs. Real estate signs are permitted in all zones subject to the following• restrictions: Number and Area. a. In NU zones, URI, UR2, and OS zones, one wall -mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided: i. The sign does not exceed six (6) square feet in sign area or twelve (12) square feet in sign area, if two-sided, on any lot having a street or highway frontage of one hundred (100) feet or less; or ii. The sign does not exceed thirty-two (32) square feet in sign area or sixty- four (64) square feet in sign area, if two-sided, on any lot having a street or highway frontage greater than one hundred (100) feet. b. In UR3, UR4, and UR5 zones, one wall -mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided: 1. The sign does not exceed twelve (12) square feet in sign area or twenty- four (24) square feet in sign area, if two-sided, on any frontage of one hundred (100) Feet or less; or January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 92 ii. The sign does not exceed thirty-two (32) square feet in sign area or sixty- four (64) square feet in sign area, if two-sided, on any lot or parcel of land having a street or highway frontage greater than one hundred (100) feet. C. In the C, MX, PI, and I zones, one wall -mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided: i. The sign does not exceed thirty-two (32) square feet in sign area or sixty- four (64) square feet in sign area, if two-sided, on any frontage of one hundred (100) feet or less; or ii. The sign does not exceed forty-eight (48) square feet in sign area or ninety-six (96) square feet, if two-sided, on any frontage in excess of one hundred (100) feet. 2. Height. Freestanding real estate signs shall not exceed the following heights: a. In the R and OS zones—six (6) feet; and b. In the C, MX, PI, and I zones—eight (8) feet. 3. Location. • a. Freestanding real estate signs may be placed in front yard setback areas, provided such signs are located not less than ten (10) feet from any adjacent street or highway; and • b. Freestanding real estate signs shall not be placed nearer to any lot line than ten (10) feet. 4. Lighting. a. Real estate signs in the R and OS zones shall not be lighted; and b. Real estate signs in C, MX, PI, and I zones may be internally or externally lighted. 5. Time Limit. All real estate signs shall be removed from the premises within thirty (30) days after the property has been rented, leased or sold. 6. Sign Copy. "For Sale," For Lease," or "Available" and name of broker, property manager, telephone number, and website address may be permitted. Price information and other information which makes the sign appear to be advertisement are prohibited. P. Special -Purpose Signs. The following special-purpose signs are permitted as provided in this subsection: January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 93 Automobile Dealership Identification Placard Signs. On-site automobile identification placards for approved franchised vehicle sales facilities are permitted on street frontage • parking lot light standards pursuant to sign review for enhanced signing and the following regulations: a. Area. A maximum area of eight (8) square feet per placard shall be permitted. b. Number. A maximum two (2) placards on each side of a light standard shall be permitted for a total maximum of four (4) signs per light standard. C. Lighting. Signs shall not be lighted. d. Sign Copy. Name and/or logo of auto dealer and/or make of vehicle sold on site may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 2. Automotive -Oriented Pylon Signs. Automotive -oriented pylon signs are permitted in the VDS Overlay Zone, for businesses primarily devoted to automotive sales or service, pursuant to a sign review for enhanced signing and the following regulations: a. Number. A maximum of one (1) sign is permitted on a lot or parcel of land. b. Area. A maximum area of two hundred (200) square feet per sign face shall be permitted. • C. Height. A maximum height of thirty-five (35) feet shall be permitted. d. Lighting. Signs may be internally or externally lighted. No exposed neon or incandescent lamp shall be utilized. C. All other applicable code provisions for pylon signs shall apply. f. Sign Copy. Name and/or logo of auto dealer and/or make of vehicle sold on site and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement is prohibited. 3. Awning Sign. Awning signs are permitted in the C, MX, and I zones subject to the following regulations. a. Number. A maximum of one (1) sign per permitted awning shall be allowed. b. Height. A maximum height of one (1) foot shall be permitted. C. Width. A maximum width of 50 percent of the awning fascia shall be permitted. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 94 d. Location. Awning signs shall be located on the face of the awning only. • e. Lighting. Awning signs may be externally lit (i.e. gooseneck lighting). f Sign Copy. Only the name of the business or and/or logo may be permitted. g. Any requests exceeding the requirements for awning signs shall be subject to a sign review for enhanced signage. 4. Banner Signs. Banner signs include grand opening banner signs and special event banner signs and are permitted in the C, I, MX, and PI zones subject to the following regulations. a. Grand Opening Banner Signs. Grand opening banner signs are permitted for new businesses in the C, I, MX, and PI zones subject to the following regulations: i. Number. In all permitted zones, a maximum of one (t) grand opening banner shall be permitted per establishment. ii. Time Limits. Signs shall be limited to one thirty (30) consecutive day period for each establishment. iii. Height and Area. Signs shall be limited to three (3) feet in height and sixty (60) square feet in area and may not include prices, telephone numbers, leasing information, name brands, or specific items for sale. Signs may • read "Grand Opening" or "Coming Soon" and may include the business name and logo. iv. Location. Signs shall be affixed wholly to the structure associated with the special event, shall not extend above the roofline and shall not encroach into the public right-of-way. V. Sign Copy. Name of business, "Grand Opening," "Coming Soon," and/or similar words describing the opening of business may be permitted. Products for sale, telephone numbers, web addresses, prices and other information, which makes the sign appear to be advertisement, are prohibited. b. Special Event Banner Signs. Special event banner signs are permitted in the C, I, MX, and PI zones subject to the following regulations. i. Number. In all permitted zones, a maximum of one (1) special event banner shall be permitted per establishment. ii. Time Limits. (a) The use of a special event banner for each establishment shall be limited to no more than thirty (30) days within the period January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 95 beginning January 1 and ending June 30, and an additional thirty (30) days within the period of July 1 and ending December 31. The number of events within each six month period may not exceed • three (3) and no single event shall exceed thirty (30) consecutive days. (b) A business located within a commercial center, undergoing construction, with an active building permit, may be permitted one (1) temporary banner in lieu of a wall sign, during the period of construction. iii. Height and Area. Signs shall be limited to three (3) feet in height and sixty (60) square feet in area and may not include prices, telephone numbers, leasing information, name brands or specific items for sale. iv. Location. Signs shall be affixed wholly to the structure associated with the special event, shall not extend above the roofline and shall not encroach into the public right-of-way. V. Sign Copy. Name of business and/or a unique event, happening, action, or occasion permitted to occur onsite may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 5. Changeable Copy Signs. In lieu of a regular monument, pylon or wall sign otherwise • permitted under this section, one changeable copy sign may be permitted on each lot or parcel of land in any zone if the premises are (i) approved for a use allowing the assembly of one hundred (100) or more persons for meetings or other events and (ii) such meetings or other events occur on a regular basis, pursuant to a sign review for enhanced signing and the following regulations: a. Area. In no event shall a sign exceed one hundred (100) square feet in sign area. b. All other applicable code provisions pertaining to monument, pylon or wall signs shall apply. C. Sign Copy. Changeable copy, letters, symbols, or numerals providing n related to meetings or other events may be permitted. Other information which makes the sign appear to be advertisement is prohibited. 6. Community identification Signs. Freestanding community identification signs are permitted in any zone at or near the entrance to Canyon Country, Newhall, Saugus, Valencia, Sand Canyon, Placenta Canyon or other recognized community pursuant to a sign review for enhanced signing and the following regulations: a. Area. Signs shall not exceed ninety-six (96) square feet in sign area or one hundred ninety-two (192) square feet in sign area, if two-sided. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 96 • • • b. Height. Signs shall not exceed fifteen (15) feet in height. C. Lighting. Such signs may be internally or externally lighted. d. Design. Signs shall be architecturally related to the community area in which they are located and shall be constructed with decorative materials that are compatible with the location and the community. e. All other applicable code provisions for monument or pylon signs shall apply. f. Sign Copy. Name of a recognized community (e.g. Canyon Country, Newhall, Saugus, or Valencia) or the City may be permitted. No advertising matter is permitted. 7. Corporate Flags. Corporate flags are permitted in the C, I, MX, and PI zones subject to the following regulations: a. Number. A single corporate flag may be flown provided that it is flown in conjunction with, and in similar fashion as, a federal and/or state flag. In no circumstance shall more than three (3) flags be flown, including the single allowable corporate flag. b. Area. A maximum of twenty-four (24) square feet in area shall be permitted per flag. C. Sign Copy. Only the name and/or logo of the retail/office center (or name of retail/office center and on-site businesses or organizations) may be permitted. 8. Electronic Readerboard Signs. In lieu of a regular monument, pylon, freeway -oriented or freeway commercial center sign otherwise permitted in this section, one electronic readerboard sign may be permitted on each lot or parcel of land in the C, MX, and I zones subject to approval of a conditional use permit and the following regulations: a. Number. A maximum one sign shall be permitted for each lot or parcel of land containing a minimum area of twenty five (25) acres. b. Lighting. i. The proposed display illumination shall not have continuous motion or appear to be in continuous motion. ii. The message rate shall not change at a rate faster than one message every four (4) seconds. iii. The interval between messages shall be a minimum one second. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 97 iv. The intensity of the illumination does not change. C. Location. Signs shall be set back a minimum one hundred (100) feet from any R• zone. d. All other applicable code provisions for monument, pylon, freeway -oriented or freeway commercial center signs shall apply. e. Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. All other sign copy information shall be subject to the requirements of a conditional use permit. 9. Freeway Commercial Center Signs. Freeway commercial center,signs are permitted in the C, MX, and I zones for signs to be viewed primarily from an adjacent freeway subject to approval of a conditional use permit and the following regulations: a. Number. i. A maximum one on-site or off-site sign shall be permitted for each lot or parcel of land along a freeway containing a minimum land area of fifty (50) acres. ii. Additional freeway commercial center signs may be permitted provided they are separated a minimum two thousand' feet (2,000) feet from any • other freeway commercial center sign and five hundred (500) feet from any other freestanding sign. b. Area. A maximum of nine hundred (900) square feet in sign area per face, including the base, shall be permitted. C. Height. A maximum height of twenty-five (25) feet shall be permitted. d. Lighting. Signs may be internally or externally lighted. e. Design. Signs shall be architecturally related to the area in which they are located, or if located in areas without development, shall be in keeping with the natural surroundings. f All other applicable code provisions for pylon signs shall apply. g. Sign Copy. Only name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) may be permitted. All other sign copy information shall be subject to the requirements of a conditional use permit. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. January 2013 1 DRAFT • Division 17.50 — Development Standards (17.51-17.57) Page 98 10. Freeway -Oriented Pylon Signs. Freeway -oriented pylon signs are permitted in the C, MX, PI and I zones for food, lodging or motor vehicle fuel businesses to be viewed • primarily from an adjacent freeway, pursuant to a sign review for enhanced signing and the following regulations: a. Number. A maximum of one sign is permitted on a lot or a parcel of land. b. Area. A maximum area of two hundred (200) square feet per sign face shall be permitted. C. Height. A maximum height of thirty-five (35) feet shall be permitted, unless a conditional use permit is approved. d. Lighting. Signs may be internally or externally lighted. No exposed neon or incandescent lamp shall be utilized. e. All other applicable code provisions for pylon signs shall apply. f. Sign Copy. Only the name and/or logo of food, lodging, or motor vehicle fuel businesses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 11. Fuel Pricing Signs. Fuel pricing signs are permitted in the C, MX, PI, and I zones for • businesses offering gasoline or other motor vehicle fuel for sale, subject to the following regulations: a. Types. Signs shall be separate freestanding signs, panels mounted to freestanding sign structures, or combined freestanding commercial and fuel pricing signs. b. Number and Area. i. One sign, not to exceed sixty (60) square feet in sign area, including the base, shall be permitted for each street or highway frontage. ii. If a business is located on a street corner, one pylon sign, not to exceed one hundred (100) square feet in sign area, may be permitted at the comer in lieu of separate signs on each of the intersecting frontages, pursuant to a sign review for enhanced signing. C. Height. i. A maximum height of six (6) feet shall be permitted. ii. For signs located on a street corner, a pylon sign with a maximum height of fifteen (15) feet may be permitted, pursuant to a sign review for • enhanced signing. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 99 d. Location. Freestanding signs shall be set back a minimum twenty-five (25) feet from an existing freestanding sign or to a lot line other than one adjoining a street • or highway. e. All other applicable code provisions for monument or pylon signs shall apply. f. Sign Copy. Fuel prices, oil company name, brand or trade name, foodmart name, carwash name, grade designation, and such other information as may be required by law may be permitted. Electronic display for fuel pricing may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 12. Gas Sales Canopy Signs. Gas sales canopy signs are permitted in the C, MX, PI, and I zones for businesses offering gasoline or other motor vehicle fuel for sale, subject to the following regulations: a. Number. A maximum of four signs, not to exceed one sign per canopy facscia shall be permitted. b. Height. A maximum height of 50 percent of the height of the canopy fascia or two feet, whichever is less, shall be permitted. Sign shall not extend above or below the canopy fascia. C. Width. A maximum width of 50 percent of the width of the canopy fascia to • which the sign is attached, shall be permitted. d. Location. Signs shall be located on a permitted gas station canopy, set back a minimum of 25 feet from any residential zone. e. Lighting. Signs may be internally or externally lit. f Sign Copy. Only individual letters of a business name or individual letters and adjacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. g. Any requests exceeding the requirements for gas sales canopy signs shall be subject to a sign review for enhanced signage. 13. Marquee Signs. Marquee signs for approved movie and live performance/theater uses are permitted in any C, MX, PI, zone subject to the approval of a sign review for enhanced signage and the following regulations: a. Area. Signs shall be proportional in sign area to the structure on which they are located. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 100 • • b. Height. Signs shall not exceed fifteen (15) feet in height. C. Lighting. Signs may be internally or externally lighted. d. Sign Copy. Name of movie or live performance theater may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 14. Menu Board Signs. Menu board signs are permitted in C, MX, PI, and I zones in conjunction with drive-through restaurants, subject to the following regulations: a. Number. A maximum of one sign per service lane where customers view the menu while ordering food from their vehicles shall be permitted. b. Height. A maximum height of six (6) feet shall be permitted. C. Area. A maximum area of 45 square feet shall be permitted. d. Location. Menu board signs shall be placed where it or a customer's vehicle will not interfere with traffic flow and located in conformance with stacking requirements as identified in Section 17.66.030 (Drive -Through Uses). e. Sign Copy. Name of business, a menu display and items offered on the menu may be permitted. f Any requests exceeding the requirements for menu board signs shall be subject to a sign review for enhanced signage. 15. Preview Board Signs. Preview board signs are permitted in C, MX, PI, and I zones in conjunction with drive-through restaurants, subject to the following regulations: a. Number. A maximum of one sign per service lane where customers preview the menu from their vehicles shall be permitted. b. Height. A maximum height of six (6) feet shall be permitted. C. Area. A maximum area of twenty (20) square feet shall be permitted. d. Location. Order board signs shall be placed where it or a customer's vehicle will not interfere with traffic flow and located in conformance with stacking requirements as identified in Section 17.66.030 (Drive -Through Uses). e. Sign Copy. Name of business, a menu display and items offered on the menu may be permitted. f. Any requests exceeding the requirements for preview board signs shall be subject to a sign review for enhanced signage. January 2013 1 DRAFT Division 17.50— Development Standards (17.51-17.57) Page 101 16. Projecting Signs. Projecting signs are permitted in the CR zone, pursuant to a sign review •for enhanced signage and the following regulations: a. Number. A maximum of one (1) sign shall be allowed per ground -floor business. b. Height. A maximum height of six (6) feet may be permitted. C. Area. A maximum area of twelve (12) square feet shall be permitted. d. Location. Projecting signs shall be located along the main elevation with a primary entrance, facing a street, interior mall, or on-site parking area. The bottom of such sign shall be no closer than eight (8) feet from the ground below. e. Projection. Projecting signs shall not project more than four (4) feet from the face of the wall to which it is attached, including all support structures. No portion of the projecting sign shall be located over the public right-of-way. f Lighting. Projecting signs may be internally or externally lighted. g. Sign Copy. Only a business name and/or logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 17. Under -Canopy Signs. Under -canopy signs are permitted in the C, MX, and I zones • subject to the following regulations. a. Number. A maximum of one (1) sign shall be allowed per business. b. Height. A maximum height of one and one-half (1-1/2) feet shall be permitted. C. Area. A maximum area of four and one-half (4-1/2) square feet shall be permitted. d. Location. Under -canopy signs shall be located on the underside of a projecting canopy protruding over a private sidewalk and have the required ground clearance. e. Lighting. Awning signs may be externally lit (i.e. gooseneck lighting). f Sign Copy. Only the name of the business or and/or logo may be permitted. Q. Subdivision Identscation, Sales, Entry and Special -Feature Signs. Subdivision sales, identification and related entry and special -feature signs are permitted in all zones subject to the following regulations: 1. Subdivision identification signs, pursuant to a sign review for enhanced signing. Includes on-site signs that identify a subdivision, but which contain no other advertising matter. • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 102 a. Area. Signs shall not exceed fifty-four (54) square feet in sign area. b. Height. Signs shall not exceed six (6) feet in height. C. Lighting. Signs may be externally lighted or backlit (halo lighting). d. Sign Copy. Name of an on-site subdivision and address may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 2. Subdivision Sales Signs. Includes temporary signs that contain the names of and the information relating to a subdivision being offered for sale or lease for the first time, but contain no other advertising matter. a. Number and Area. One freestanding subdivision sales sign shall be permitted for each street or highway frontage bordering the tract, provided: i. Signs shall not exceed sixty-four (64) square feet in sign area where such tract contains ten (10) lots or less; ii. Signs shall not exceed one hundred and twenty-eight (128) square feet in area where such tract contains eleven (11) to nineteen (19) lots; and • iii. Signs shall not exceed one hundred eighty (180) square feet in area where such tract contains more than twenty (20) lots. E b. Height. i. Subdivision sales signs shall not exceed the following heights: (a) Eight (8) feet where such sign has a sign area of sixty-four (64) square feet or less; and (b) Sixteen (16) feet where such sign is sixty-five (65) square feet or greater in sign area. ii. Where a wall is required as a condition of approval along the street or highway frontage for which such sign is permitted, the Director may modify this height regulation as may be necessary to allow for the visibility of the sign. C. Location. All subdivision sales signs shall be located on the subdivision and shall be oriented to read from the street or highway for which such sign is permitted. d. Lighting. Subdivision sales signs may be internally or externally lighted. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 103 e. Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of three (3) years from the date of issuance of the first building permit for the subdivision, whichever should occur first. Any structure used for such purpose shall, at the end of such three (3) year period, be either removed or restored for a use permitted in the zone where located, except that the Director may, upon showing of need by the owner of the property, extend the permitted time beyond three (3) years. f Sign Copy. Name of an on-site subdivision and information relating to a subdivision being offered for sale or lease for the first time may be permitted. Other advertising matter is prohibited. 3. Subdivision Entry and Special -Feature Signs. Includes temporary signs that provide necessary travel directions to and within a subdivision offering properties for sale or lease for the first time, but which contains no other advertising matter. a. Sign Review for Enhanced Signage. Subject to the approval of a sign review for enhanced signage, the following related signs may be permitted in any subdivision qualifying for subdivision sales signs: i. Subdivision entry signs as are necessary to facilitate entry into and movement within the subdivision; and ii. Subdivision special -feature signs located in the immediate vicinity of an approved model home and temporary real estate tract office. is b. Area. i. Subdivision entry signs shall not exceed twenty-four (24) square feet in sign area. ii. Subdivision special -feature signs shall not exceed twelve (12) square feet in sign area. C. Height. Subdivision entry and special -feature signs shall not exceed eight (8) feet in height. d. Lighting. Subdivision entry and special -feature signs shall be unlighted. e. Location. Subdivision entry and special -feature signs shall be located within the subdivision. f Time Limit. Subdivision entry and special -feature signs shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 104 g. Sign Copy. Name of an on-site subdivision and necessary travel directions may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 4. Subdivision Directional Signs. Includes temporary on or off-site signs that provide necessary travel directions to a subdivision, located within the city, offering properties for sale for the first time, but which contains no other advertising matter. a. Sign Review for Enhanced Signage. Subject to the approval of a sign review for enhanced signage, subdivision directional signs, located on or off-site, providing necessary travel directions to a new subdivision, may be permitted. b. Number. The total number of subdivision directional signs shall not exceed three (3). C. Area. Subdivision directional signs shall not exceed four (4) square feet. d. Height. Subdivision directional signs shall not exceed three (3) feet. C. Lighting. Subdivision directional signs shall be unlighted. f Location. Subdivision directional signs shall be located within one (1) mile of the subject subdivision and shall not be located in the public right-of-way. • g. Time Limit. Subdivision directional signs shall be permitted for weekend events only, from 4 PM Friday to 10 AM Monday. Subdivision directional signs shall have the same time limit as subdivision sales signs. h. Sign Copy. Name of the subdivision and necessary travel directions that relate exclusively to the subdivision being offered for sale may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement is prohibited. R. Temporary Freestanding Signs. Temporary freestanding signs are permitted in all zones subject to the following regulations: Number and Time Limits. a. In the C, MX, PI, I and OS Zones. No temporary freestanding commercial signs permitted at any time. b. In the R Zone. No temporary freestanding commercial signs permitted at any time. 2. Area. • January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 105 a. In the C, MX, PI, I and OS Zones. A maximum area for each temporary freestanding noncommercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding noncommercial signs on a individual parcel or within a commercial center of two hundred (200) square fee*t is permitted. b. In the R Zone. A maximum area for each temporary freestanding noncommercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding noncommercial signs on an individual parcel of land of one hundred (100) square feet is permitted. 3. Location. Signs may be placed in the front yard or side yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless otherwise authorized in this section, temporary signs shall not extend over or into any public right-of-way, street, alley, sidewalk or other public thoroughfare. 4. Lighting. Signs shall not be lighted. 5. Removal. All temporary freestanding signs must be removed within ten (10) days after the event for which they are intended. 6. Sign Copy. Information related to noncommercial use that is advertising a temporary event may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement for a commercial use or purpose are prohibited. • S. Wall Signs. Wall signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: 1. Number and Area. a. Ground -Floor Establishments. In all permitted zones, each ground -floor establishment with a separate entrance shall be permitted one primary wall sign along the main elevation with a primary entrance, facing a street or on-site parking area. A maximum of one and one-half (1.5) square feet of wall sign area for each one linear foot of building or tenant frontage shall be permitted. ii. In the C, MX, PI, and I zones, each ground -floor establishment with a separate entrance shall be permitted secondary wall signs along up to two (2) other elevations (including the rear) with a secondary entrance, facing a street or on-site parking area. A maximum of one-half (1/2) the allowable area of the primary wall sign shall be permitted. iii. In the C, MX, PI, and I zones, a ground -floor retail establishment with two (2) entrances along the main elevation may be permitted two (2) primary January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 106 wall signs along the main elevation, pursuant to a sign review for enhanced signing and the following regulations: • (a) The main elevation shall have a minimum building or tenant frontage of one hundred and fifty (150) feet, and a minimum gross floor area of ten thousand (10,000) square feet. (b) The combined area of all signing along the main elevation shall not exceed one and one-half (1.5) square feet of wall area for each one linear foot of building or tenant frontage. (c) The wall signs shall have the same design and shall be located adjacent to or above the building entrances. iv. In the C, MX, PI, and I zones, larger ground -floor retail establishments may be permitted up to four (4) supplemental wall signs along the main elevation to advertise services provided or sub -tenants, pursuant to a sign review for enhanced signing and the following regulations: (a) The main elevation shall have a minimum building or tenant frontage of one hundred and fifty (150) feet, and a minimum gross floor area of ten thousand (10,000) square feet. (b) The combined area of all signing along the main elevation shall not • exceed one and one-half (1.5) square feet of wall area for each one linear foot of building or tenant frontage. (c) The combined area of all supplemental signs shall not exceed twenty-five (25) percent of the area of all signing along the main elevation. b. Shared Entrances. In all permitted zones, any building containing establishments that front only an interior mall having a limited number of entrances shall be considered a single establishment for the purpose of computing the number and area of wall signs permitted on the exterior walls of such building. ii. In the C, MX, PI, and I zones, each first- and second -floor establishment that does not have a separate entrance or does not front a street or on-site parking area shall be permitted a maximum sign area of two (2) square feet oriented facing the street, entrance or on-site parking area. C. Second Floor Establishments. In the C, MX, PI, and I zones, for each second floor establishment with a separate entrance facing a street or on-site parking area, one • wall sign with a maximum area of ten (10) square feet shall be permitted. A January 2013 1 DRAFT Division 17.50— Development Standards (17.51-17.57) Page 107 maximum area of up to twenty (20) square feet may be permitted, pursuant to a sign review for enhanced signing. • d. In the C, MX, PI, and I zones, a maximum three (3) wall signs shall be permitted per ground floor establishment with a separate entrance and a maximum one wall sign shall be permitted per elevation of each ground -floor establishment, except as permitted in subsections (1)(a)(3) and (1)(a)(4) of this section. 2. Height. a. In all permitted zones, a maximum height of up to two (2) feet and two vertical lines of text shall be permitted. For initial capital letters or logos, a maximum height of up to two and one-half (2-1/2) feet shall be permitted. b. In the C, MX, PI, and I zones, a maximum height of up to eight (8) feet and three (3) or more vertical lines of text may be permitted, pursuant to a sign review for enhanced signing. 3. Width. In all permitted zones, the maximum width of seventy-five (75) percent of the building or tenant frontage shall be permitted. 4. Location. a. In all permitted zones, wall signs shall not extend above eave line or parapet on the lowest point on the sloping roof of the building on which it is located. • b. In all permitted zones, that portion or any actual or false roof varying forty-five (45) degrees or less from a vertical plane may be considered an extension of the building wall for the purpose of wall sign placement. C. In all permitted zones, wall signs shall be located approximately parallel to the plane of the building and shall not project more than eighteen (18) inches from the building face. 5. Lighting. a. In the C, MX, PI, and I zones, monument signs may be internally or externally lighted. b. In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty- five (25) watts. 6. Sign Copy. Only individual letters of a business name or individual letters and adjacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 108 • E C Supplemental wall signs along the main elevation, advertising services provided or sub- tenants, may be permitted, pursuant to a sign review for enhanced signing. T. Window Signs. Window signs are permitted in all zones; provided, that such signs do not exceed twenty-five (25) percent of the area of any single window or of adjoining windows on the same frontage. This provision is not intended to restrict signs utilized as part of a window display of merchandise when such signs are incorporated within such display. 1. Sign Copy. Business name, business logos, and services incidental to the business may be permitted. U. Prohibited Signs. The following signs shall be prohibited in all zones: 1. Signs which contain or utilize any of the following: a. Any exposed incandescent lamp with a rated wattage in excess of forty (40) watts; b. Any exposed incandescent lamp with an external metallic reflector; C. Any revolving beacon light; d. Any continuous or sequential flashing operation; 2. Revolving signs. 3. Signs advertising or displaying any unlawful act, business or purpose. 4. Signs emitting audible sounds, odors or particulate matter. 5. Any strings of pennants, or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons and similar attention -getting devices, with the exception of any national, State, local governmental, institutional or corporate flags, properly displayed per subsection (P)(7) (Corporate Flags). 6. Devices projecting or otherwise reproducing the image of a sign or message on any surface or object. 7. Portable signs (including A -frame signs). Portable real estate signs may be permitted. 8. Temporary signs, except as otherwise specifically permitted by this section. 9. Roof signs, unless deemed historic under Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). 10. Painted signs, except if deemed historic per Section 17.24.110 (Administrative Sign Variance and Historic Sign Designation). January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 109 11. Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict ffiwith •any authorized traffic control sign. 12. Off-site signs, except as provided in subsections (M) (Off -Site Signs), (P)(9) (Freeway Commercial Center Signs), and (Q) (4) (Subdivision Directional Signs). 13. Commercial hand-held signs located upon property in all zones. 14. Mobile Signs. V. Removal of Signs. 1. Unsafe Signs. Any unsafe sign may be removed by the City without prior notice. Alternatively, the Director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property fifteen (15) days to cure the violation. In the case of an unsafe sign removed by the City, the costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the City in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the City shall be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the approval holder, property owner, or person in possession and control of the property, it shall be deemed to be unclaimed personal property and disposed of in accordance with the law. • 2. Illegal Signs. Any illegal sign shall be removed or brought into conformity by the approval holder, property owner, or person in possession and control of the property following written notice from the Director. Such notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair shall not be less than fifteen (15) days from the date of mailing the notice. The Director's order may be appealed to the Planning Commission in the manner provided in subsection (W) (Appeals). In the event that such order is appealed to the Commission, which, following a hearing, upholds the order of the Director, the City need not comply with the provisions of subsections (4)(a) through (e) of this section in order to abate the sign. 3. Legal Nonconforming Signs—Special Circumstances. No legal nonconforming sign shall be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the business premises and at a location necessary for continued public visibility at the height or size at which the sign was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this section. • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 110 4. Abatement of Signs. Whenever the permit holder, property owner, or person in • possession or control of the property fails to comply with an order of the Director requiring compliance with this section, in addition to any other remedies provided in this code or by law for the abatement of illegal signs or other public nuisances, the City may abate any such sign in the following manner: • a. Declaration of Nuisance. The Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. b. Notice of Hearing. Prior to the adoption of the resolution by the Council, the City Clerk shall send not less than ten (10) days' written notice to all persons owning the property described in the proposed resolution as determined by the last equalized assessment roll available on the date the notice is prepared. In addition, the notice shall be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the approval holder, if any. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign. C. Posting of Notice. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists. ii. Notice shall be substantially in the following form: NOTICE TO REMOVE ILLEGAL SIGN Notice is hereby given that on the day of 20_, the City Council of the City of Santa Clarita adopted a resolution declaring that an illegal sign is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal sign. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk. All property owners having any objection to the proposed removal of the sign are hereby notified to attend a meeting of the City Council of the City of Santa Clarita to be held on at a.m./p.m. at ( location ), when their objections will be heard and given due consideration. Dated this day of 20. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 111 City Clerk • City of Santa Clarita iii. This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council. d. Written Notice of Proposed Abatement. i. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the Council shall direct the City Clerk to mail written notice of the proposed abatement to all the persons owning the property described in the resolution. The City Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the Council. ii. The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning the property described in the resolution. The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Los Angeles poses any charges upon the City for the actual costs of famishing the list, the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed • against the property owner. iii. The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the Council. The notices mailed by the clerk shall be substantially in the form of notice set forth hereinabove. e. Hearing—Continuances—Objections—Finality of Decision—Order to Abate. i. At the time stated in the notices, the Council shall hear and consider all objections to the proposed removal of the sign. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of removal. ii. The decision of the Council is final. If objections have not been made, or after the Council has disposed of those made, the Council shall order the enforcement officer to abate the nuisance by having the sign removed. The order shall be made by motion or resolution. f Entry Upon Private Property. The Enforcement Officer or City contractor may enter private property to abate the nuisance. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 112 • g. Removal by Owner—Special Assessment and Lien for Costs. Before the • enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs. h. Cost of Abatement—Itemization. The enforcement officer shall keep an account of the cost of abatement of an illegal sign. Such officer shall submit to the Council, for confirmation, an itemized written report showing that cost. ii. A copy of the report shall be posted at least three (3) days prior to its submission to the Council, on or near the Council chambers door, with notice of the time of submission. iii. At the time fixed for receiving and considering the report, the Council shall hear it with any objections of the property owners liable to be assessed for the abatement. The Council may modify the report if it is deemed necessary. The Council shall then confirm the report by motion or • resolution. 1. Abatement by Contract. The nuisance may, in the sole discretion of the Council, be abated by performance on a contract awarded by the Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property required by subsection (4)(g) of this section. • j. Special Assessment and Lien. The costs incurred by the City in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section shall not attach to the real property and the costs of abatement and the costs of enforcing January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 113 abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection. ii. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. iii. The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor's map books for the current year. iv. The City shall request the County Auditor to enter each assessment on the County tax roll opposite the parcel of land. V. The City shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. vi. The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is further • acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of County taxes apply to these special assessments. k. Issuance of Receipts for Abatement Costs. The Enforcement Officer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. 1. Refund of Assessments. The Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1 st after the assessment has become due and payable. The claim shall be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator. W. Appeals. I. Any person seeking to appeal a decision of the Director granting or denying an application for issuance of a sign permit, revoking a permit or ordering the remediation or - January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 114 removal of a sign may appeal such action first to the Commission, and, if dissatisfied with the decision of the Commission, then to the Council in the manner provided by • Chapter 17.07 (Appeals or Certification of Review) of this Code. The City shall expeditiously schedule a hearing before the Commission or Council, as applicable, not later than thirty (30) days after the notice of appeal is received by the City; provided, however, the hearing may be held after such thirty (30) day period upon the request or concurrence of the appellant. Action on the appeal shall be taken at the time of the hearing by the Commission or Council, as applicable, unless the appellant requests a continuance. The time for compliance of any original order shall be stayed during the pendency of any hearing before the Commission or Council. The appellant shall be notified in writing of the Commission or Council's decision, no later than fifteen (15) days after action has been taken. 11 2. Any person dissatisfied with the final action taken by the Council may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure Section 1094.8. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 115 X. Sign Regulations Matrix. Ti'pr -.,PERMIT J NUMBER-, 'Vt� 'rY f z p WIDTH0" AREA p HEIGHT" SE TBACK -4, REQUIRED' Y Automobile Sign Review C and 1. 2 on each side of a 8 sf. per Dealership ID light standard for a placard. Placard Signs maximum of 4 per light standard. Automotive- Sign Review VDS Overlay, One. 200 sf. 35 fl. 3 R. from PL. oriented Pylon Sign shall comply with Signs all other pylon sign Code sections. Awning Signs Silm Approval C,1, MX. One per awning, on -- I ft. 50% of or Sign the flat fascia the Review panion of awning. awning Banner Signs— Sign Approval C, 1, MX, PI. One 60 sf 3 R. Grand Opening Banners Banner Signs — Sign Approval C, 1, MX, Pl. One 60 sf. 3 ft. Special Event Banners Building ID Sign Approval C, 1, NIX, PI One 6 sf. if less Signs than 30 O. above ground. 2% of wall area if above 30 ft. Building ID Sign Approval Multifamily One 6 sf. Signs residential. Building ID Sign Approval OS and other One I sf. Signs residential. Changeable Sign Review In lieu of a One. For assembly In no event Signs shall Signs shall comply with Signs shall Copy Signs regular uses of 100 or more shall the sign comply with all other monument, comply monument, persons. In lieu of a exceed 100 sf. all other pylon or wall sign Code with all pylon or wall regular freestanding o monument, sections. other sign otherwise wall mounted sign. pylon or wall monument permitted. sign Code pylon or sections. wall sign Code sections. Community ID Sign Review All zones. 96 sf. 15 R. Signs shall comply with -- Signs all other monument and pylon sign standards, January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 116 is is 0 0 • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 117 PERMIT -AREQUIREI)i� A, �' "V k vNWf ="e' Construction C, 1, MX, Pl. One per street 96 sf. with a 16 ft. Signs frontage. lot frontage less than 100 ft. 144 sf. with a lot frontage greater than 100 ft. Construction R and US. One per street 12 sf. with a 8 ft. Signs frontage. lot frontage less than 100 ft. 64 sf. with a lot frontage greater than 100 ft. Directional Sign Approval C, 1, MX, Pl. Number not 6 sf. Up to 12 Freestanding I ft. from PL for Signs or Sign specified. sf. with :6ft. Up to freestanding signs. gns. Review Enhanced 8 ft. with Shall be within a plante Signing. Enhanced area and outside clear Signing. site line setback area. Wall Shall be setback mounted: minimum 25 ft. to any up to 3 ft. adjacent R zone. Directional Sign Review OS and Number not 6sf Upto12 Freestanding 5 ft. from PL for Signs commercial specified. St. with : 6 ft, Up to freestanding signs uses in the Enhanced 8 ft. with within planter area and residential Signing. Enhanced outside clear site line zone. Signing. setback area. Set back Wall minimum 25 ft to any mounted: adjacent R zone. up to 3 ft. Electronic Conditional In lieu of a One. For properties Signs shall Signs shall 100 ft to any Readerboard Use Permit regular 25 acres or larger. comply with comply with residential PL. Signs Signs monument, all other all other shall comply with all pylon, monument or monument or other monument or freeway pylon sign pylon sign pylon sign Code oriented sign Code sections. Code sections. otherwise sections. permitted in C, 1, Mx zones. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 117 January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 118 0 0 PERMITRIA,A, w -;(:, q 4NUMBEWJ, T7ew�', , , 2 W,& 'HEIGHT,'? �T,11�7z �, N&txC N WWEDTH fl3z"! 'qz;m.� A IBEQUIRED 24 10-01 w Ml Y, L Freeway Conditional Commercial One shall be permitter 900 sf. 25 ft. Min 2,000 ft. from Commercial Use permit and industrial for each lot of parcel another Freeway Center Signs properties 50 of land along SR -14 o Commercial Center acres or larger 1-5 of 50 acres or Sign. No sign shall be along SR -14 greater. less than 500 ft. to and 1-5 another freestanding freeways in C, sign. Shall comply with 1, MX zones. all other pylon sign code sections. Freeway- Sign Review C, I, MX, Pl. One limited to food, 200 sf. 35 ft. 3 ft. from PL. Signs Oriented Pylon fuel or lodging uses. shall comply with all Signs other pylon sign Code sections. Fuel Pricing Sign Approval C, 1, MX, Pl. One monument sign 60 sf. Up to 6 ft. Up to 15 1 ft from PL. 3 ft Signs or Sign per street frontage, 100 sf for ft. for signs from PL for signs at Review or one pylon sign at signs at street at street street comer. Shall street comer. comer with comer, with comply with all other enhanced enhanced monument or pylon signing. signing. sign Code sections. Gas Sales Sign Approval C, 1, MX, Pl. One per canopy 2 ft. or 50% 25 ft. from any 50% of Canopy Signs fascia. of the height residential zone. the width ofthe ofthe canopy canopy fascia, fascia. whichever is less. Incidental C, 1, MX, Pl. One per business. 2 sf. per Business Signs business. Marquee Signs Sign Review For movie or One. Shall be in 15 ft. live (heater proportion to uses only. the structure. Menu Board Sign Approval C, 1, MX. One per restaurant 45 sf. 6 ft. Vehicle stacking Signs or Sign drive-thru service setbacks per Review lane- 17.66.030. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 118 0 0 0 0 0 January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 119 :NUMBER`,,,, Xli I � 11 ITEIGHTk SETBACK f� 7777 kWIIYFH kiw -Q rk A P Monument Sign Approval C,1, MX, Pl. One with minimum 54 sf. 6 ft. Up tog I ft from PL. Shall be Signs or Sign 100 fl. of lot frontage. including base. ft. with within a planter area Review One additional sign Shall also Enhanced and outside clear site per 400 ft. of lot include Signing for line setback area. Shall frontage provided address in 8 in. larger be setback minimum 25 signs are separated by high letters. centers of 3 ft. to any adjacent R 25011. Comer lots Additional or more zone. may combine frontage area permitted acres or ones of both streets. Five with Enhanced with or more tenants Signing for visibility require a Master Sign larger centers. constraints. Program. Monument Sign Approval OS and One with minimum 54 sf including 6 B. 5 ft from PL. Shall be Signs commercial 100 ft. of lot base. Shall within a planter area uses in the frontage. Comer also include and outside clear site residential lots may combine address in 8 in. line setback area. zone. frontage of both high letters. Shall be setback streets. minimum 25 B. to any adjacent R zone. Preview Board Sign Approval C, 1, MX. One per restaurant 20 sf. 6 ft. Vehicle stacking Signs or Sign drive-thru service setbacks per Review lane. 17.66.030. Projecting Signs Sign Review CR zone. One per ground- 8 sf 4 ft. Shall not be located floor business, over the public right - alongside of the of -way. main/primary elevation. Pylon Signs Sign Approval C, 1, MX, PL One with minimum 40 sf. Up to 15 ft. Up to 3 ft from PL. Shall be or Sign 500 ft. of lot 160 sf. with 20 ft with within a planter area. Review frontage and 3 acres Enhanced Enhanced Shall be setback of land area. One Signing for Signing for minimum 25 ft. to any additional sign with centers with centers with adjacent R zone. Enhanced Signing 1,000 ft. of lot 1,000 ft. of for centers with frontage, lot frontage. 1,000 ft. of lot frontage. Corner lots may combine frontage of both streets. Five or more tenants require a Master Sign Program. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 119 A `Mi7, R T�Y, U0, ?A_M:V ,�NUMBERi� 1"AREV��A Iel FIG , "MMWIDTAz IN NW, IM tir �';RFQUIREDZWO? W� Pylon Signs Sign Approval OS. One with minimum 24 sf 15 ft. 5 ft from street PL. 500 ft. of lot frontage. Shall be within a plantaa area. Shall be setback minimum 25 ft. to any adjacent R zone. Real Estate C, 1, MX, Pl. One wall or 32 sf with a 8 ft. 10 ft. from PL for Signs freestanding per lot frontage freestanding signs. street frontage. less than 100 Shall be within planter ft. 48 sf with a area. lot frontage greater than 100 ft. Real Estate Multifamily One wall or 12 sf. with a 6 ft. 10 ft. from PL for Signs residential. freestanding per lot frontage freestanding signs. street frontage. less than 100 Shall be within planter Fl. 32 sf with area. a lot frontage greater than 100 ft. Real Estate OS and other One wall or 6 sf. with a lot 8 ft. 10 ft. from PL for Signs residential. freestanding per frontage less freestanding signs. street frontage. than 100 ft. 32 Shall be within planter sf with a lot area. frontage greater than 100 n. Subdivision Sign Review All zones. Number not 24 sf. 8 sf I ft. from street PL. Ent" Signs specified. Shall be Shall be within a for a maximum 3 planter area and years from building outside clear site line permit issuance. setback area. Subdivision Sign Review All zones, Number not 12 sf. 8 ft. I ft. from street PL. Special Feature specified. Shall be Shall be within a Signs for a maximum 3 planter area and years from building outside clear site line permit issuance. setback area. Subdivision to Sign Review All zones. Number not 54 sf. 6 ft I ft. from PL for Signs specified. freestanding. Shall be within a planter area and outside clear site line setback area. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 120 0 0 I* • • • TYPE r' PERMIT ZONES -. NUMBER' AREA - ','. �HEICHT ',�-.t 'SETBACK' WIDTH ' REQUIREDQ - Subdivision Sign Approval All zones. One per street 64 sf if 10 or 8 ft for signs I ft. from PL for signs -- Sales Signs for frontage. Shall be for less lots. 128 64 sf. or less. less than 8 R high. 3 ft. new a maximum 3 years sf if I I-19 lots. 16 ft for from PL for signs subdivisions from building permit 180 sf if 20 or signs greater greater than 8 ft. high. issuance. more lots. than 64sf. Shall be within a plante area and outside clear site line setback area. Subdivision Sign Review All zones. Three within I mile 4 sf. 3 A. 1 ft, from street PL. -- Directional Sign of the subject Shall be within a subdivision. Shall be planter area and permitted for outside clear site line weekend events setback area. only. Shall be for a maximum 3 years from building permit issuance. Temporary - C, I, MX, PI Not specified. Total 32 sf for each -- Signs may be placed -- Freestanding and OS. aggregate area of sign. Total in the front or side Signs Only signs not to exceed aggregate area yard areas, but may noncommer- 200 sf not to exceed not encroach into any tial signs 200 sf. public right of way. permitted. Temporary -- R. Only Not specified. Total 32 sf for each -- Signs may be placed - Freestanding noncommer- aggregate area of sign. Total in the front or side Signs tial signs signs not to exceed aggregate area yard areas, but may permitted. 100sf. not to exceed not encroach into any 100 sf public right of way. Under -Canopy Sign Approval C, 1, MX. One per business. 4'h sf. 11A ft. -- 3 ft. Signs Wall Signs - Sign Approval C, 1, MX, Pl. One alongside of the 1.5 sf of wall 2 ft. and 2 -- 75% of Primary Wall or Sign main/primary sign area per lines of text tenant Signs for Multi- Review elevation of each foot of tenant and tip to 2.5 frontage. Tenant Centers tenant as pan of 360 frontage. ft. for initial deg. architecture. capital letters Five or more tenants and logos. require a Master Up to 8 ft. Sign Program. and/or stack- ed text with Enhanced Signing. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 121 TWE °} a PERMIT 'ZONES NUMBER < -AREA`. HEIGHT.,`- ,SETBACK WtD rH REUIRF.D `« ? �';:i., i t� „ t � n d`, Wall Signs - Sign Approval C, I, MX, PI. One alongside of each Half the 2 ft. and 2 - 75% of Secondary Wall or Sign end tenant and one allowable area lines of text tenant Signs for Multi- Review along rear of each of the primary and up to 2.5 frontage. Tenant Centers tenant as part of 360 wall sign for ft, for initial deg. architecture. Fiv each tenant. capital letters or more tenants and logos. require a Master Sign Up to 8 ft. Program. and/or stack- ed text with Enhanced Signing. Wall Signs - Sign Approval C, I, MX, PI. One per tenant with 10 sf 2 ft. and 2 -- 75% of Second Floor or Sign separate entrance. Up to 20 sf lines of text tenant Wall Sign for Review with Enhanced and up to 2.5 frontage. Tenants with Signing. ft. for initial Separate capital letters Entrance and logos. Up to 8 ft. and/or stacked text with Enhanced Wall Signs - For Sign Review C, I, MX, Pl. Two primary wall Combined area 2 ft. and 2 - 75% of large retail signs along the main of all signs not lines of text tenant tenants with elevation, with each to exceed 1.5 x and up to 2.5 frontage. Enhanced sign situated at or tenant ft for initial Signing near an entrance. frontage. capital letters and logos. Up to 8 ft. and/or stacked text with Enhanced Si nin �. Wall Signs - Sign Review C, 1, MX, PI. Up to four Combined area 2 ft. and 2 - -- Supplemental supplemental text of all signs lines of text text for large signs along the main along main and up to 2.5 retail tenants elevation to elevation not ft. for initial with Enhanced advertise services to exceed 1.5 x capital letters Signing provided or sub- tenant and logos. tenants. frontage. , January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 122 is • • 0 0 AV TYPE1 on, Pyp� 4R ."NOMMY PERMITy Z4 - - 0NFs,".4' A, P , , I �, a; , �, J " 'NUMBE 7 I �f ML* 1 -VP '9 AREA',��: 11�, 517'A HEIGIFF �-v V u f M —'471cQ40, "SFTBAck� i JWiDTH,§, Wall signs - In Sign Approval Open space One. 1.5 x building 2 ft. and 2 75% of open space and and frontage. lines of text building residential zones commercial and up to 2.5 frontage. uses in the ft. for initial residential capital letters zone. and loeos. Window signs -- C, 1, MX, Pl. -- 25% of any single window or of adjoining windows. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 123 Y. Illustration of Sign Types. DEALF.RSHTP ID SIGN AWNING SIGN BURDWO M. SIG14S 11F] ❑0 F1 0 ❑ 0 111:1 11 F1 BUILDING ID SIGN AUTOMOTIVE -ORIENTED PYLON SIGN BANNER SIGN CHANGEABLE COPY SIGN January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 124 E • 11 COMMUNITY ID SIGN CORPORATE FLAG LOGO OR TETLIE ELECTRONIC READERBOARD SIGN aw� (123)456-7890 CONSTRUCTION SIGN DIRECTIONAL SIGN M FREEWAY COMMERCIAL CENTER SIGN • January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 125 GAS FOOD' ; HOTEL FREEWAY -ORIENTED PYLON SIGN I OAS VJ.ffi WtOn WOM GAS SALES CANOPY SIGN MARQUEE SIGN FUEL PRICING SIGN INCIDENTAL BUSINESS SIGN 70-10 MENU BOARD/PREVIEW BOARD SIGN January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 126 • • MENU BOARD/PREVIEW BOARD SIGN January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 126 • • 0 • • MONUMENT SIGN PYLON SIGN SUBDIVISION ENTRY SIGN PROJECTING SIGN SwYAry� �W REAL ESTATE SIGN SUBDIVISION IDENTIFICATION SIGN January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 127 =[S��f1, ��,� 5 PYLON SIGN SUBDIVISION ENTRY SIGN PROJECTING SIGN SwYAry� �W REAL ESTATE SIGN SUBDIVISION IDENTIFICATION SIGN January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 127 Su6drv�soe. SubdivWm 9.bdiidon sums. SUBDIVISION SALES SIGN UNDER -CANOPY SIGN WINDOW SIGN Iwo Wall sign WALL SIGN January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 128 0 • o�rxe squa� I-$ -I231-4567 r — -- ,s WINDOW SIGN Iwo Wall sign WALL SIGN January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 128 0 • 0 E L� Chapter 17.53 Property Development Commercial and Industrial SECTIONS: 17.53.010 Purpose. 17.53.020 Commercial and Industrial Development Standards. 17.53.030 Accessory Structures. 17.53.040 Setbacks. 17.53.050 Walls and Fences. 17.53.010 Purpose. Standards It is the purpose of this chapter to provide development standards to all properties and structures permitted within commercial and industrial zones. The following property development standards apply to all commercial and industrial property and structures. The dimensions shown are the minimum required, unless otherwise stated. 17.53.020 Commercial and Industrial Development Standards. A. Architecture. Commercial and industrial buildings shall conform to the architectural styles, guidelines, and requirements set forth in the latest revision of the City of Santa Clarita Community Character and Design Guidelines. Buildings shall be designed in accordance with the style of the particular community in which they are located, and shall be designed with articulation and styling on all sides (360° architecture). Building materials shall be high quality, durable, and natural -appearing. Special consideration shall be given to the design of corners, building entrances, and the elevations that front public street or other prominent view corridors. B. Height. Buildings and structures exceeding thirty-five (35) feet in height shall require approval of a conditional use permit. At the discretion of the Director, architectural treatments may exceed thirty-five (35) feet in height without a conditional use permit; provided, that (1) the addition does not exceed ten (10) feet in height (for a maximum height of forty-five (45) feet); (2) that the allowance would be compatible with the architectural design; and (3) that the allowance would provide additional articulation that could otherwise not be achieved within thirty-five (35) feet. C. Electrical vehicle charging stations may be required for new commercial/industrial developments at the discretion of the Director and in compliance with state law. D. Childcare fees may be required for new commercial/industrial developments at the discretion of the Director. E. Employee break areas, which may include facilities for shade, seating, eating, and trash disposal, shall be provided to the satisfaction of the. F. All development adjacent to rail lines throughout the City shall be designed to be sensitive to the rail lines. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 129 G. Reciprocal ingress and egress, circulation, and parking arrangements shall be required where feasible to facilitate the ease of vehicular movement between adjoining properties, to limit • unnecessary driveways, and to create more cohesive, community -oriented development. H. Driveway access for commercial and industrial uses shall be located no closer than one hundred fifty (150) feet (lot size permitting) from the beginning of a curve of a street corner. I. Driveways shall be shared between adjacent commercial and/or industrial properties unless otherwise specified by the City Traffic Engineer. J. All driveways shall have a minimum stacking distance of: 1. Twenty (20) feet from the face of curb off of residential local collectors; 2. Forty (40) feet from the face of curb off of secondary or major highways; 3. One hundred (100) feet from the face of curb off of secondary or major highways that have the potential for a future traffic signal; 4. The length of the longest anticipated delivery vehicle for all warehousing and distribution uses, if the longest anticipated delivery vehicle exceeds the minimum stacking distances referenced in this section. K. Commercial driveways on major, secondary, collector, and other streets as determined by the • City Engineer 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 percent (7%). L. Any new commercial development, tract map, and/or parcel map that is located within 500' from the edge of right-of-way from Interstate 5 and/or State Route 14, shall require a health risk assessment to determine air quality impacts on sensitive uses. M. Trash enclosure location(s) and access shall be designed to the satisfaction of the Director. Enclosures shall be.conveniently located and designed to allow collection vehicles to service the trash/recycling bins without backing up, where feasible. The enclosure(s) shall also be designed in a manner to reduce or eliminate the potential for collection vehicles to block required parking spaces as part of regular trash or recycling pick-up.The number of trash and recycling containers required shall be determined by the City. Trash enclosures shall be designed with a solid roof, subject to the approval of the City. N. Pedestrian Circulation. New commercial and industrial developments shall provide walkway connections to public sidewalks and transit stops, where available. Where pedestrian paths cross parking areas, driveways, or driveways, decorative paving shall be used to delineate the path -of - travel. All paving materials/elements shall be approved by the Director. O. Outdoor Display of Merchandise. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 130 I . No merchandise, or any portion thereof, shall be displayed on public property; however, • merchandise may be displayed within the public right-of-way if an encroachment permit has first been obtained from the City. 2. Merchandise, except for vehicles, shall not project more than four (4) feet beyond the store front. 3. Except for vehicles, outside display of merchandise shall only be permitted during business hours. 4. The aggregate display area shall not exceed fifty percent (50%) of the linear frontage of the store front or six (6) linear feet, whichever is greater. 5. Merchandise shall not be displayed in such a manner as to present a hazard to safety, impede convenient vehicular and/or pedestrian access to the building or business, or create a display that is detrimental to the appearance of the premises and surrounding property; or is in any other manner detrimental to the public health, safety, welfare, or causes a public nuisance. 6. Required parking spaces shall not be used for display. P. Shopping Cart Returns. • 1. Cart return facilities shall be consistent with the design of the project and building architecture. Similar or the same materials should be used on the returns as on the buildings. 0 2. Cart return areas adjacent to the building should be integrally designed as part of the building. 3. Cart returns shall not block or restrict access to fire lanes or required parking areas. Q. For any use with more than fifty (50) full time employees, a transportation demand management (TDM) program shall be submitted to, and approved by, the Director of Community Development and/or the South Coast Air Quality Management District (SCAQMD). Programs should include but are not limited to carpooling, vanpooling, public and/or private transit, alternative work hours, walk to work incentives, telecommuting, and other strategies that have the potential to reduce traffic and automobile trips. Projects are encouraged to provide on-site child care services, wellness facilities, and other amenities that will attract valuable, creative, tenants and employees. R. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 131 S. Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond the boundaries of the site. T. Vibration. No use, except a temporary construction operation, shall be permitted which generates inherent and recurrent ground vibration perceptible without instruments at the boundary of the lot on which the use is located. U. Uses with primarily outdoor storage of merchandise shall provide landscaping to include trees and shrubs to the satisfaction of the Director with the exception of vehicle sales. V. Commission Review. Commercial developments one hundred thousand (100,000) square feet or more in gross floor area adjacent to freeways, along major highways, or at key intersections identified in the circulation element of the General Plan shall be subject to a public hearing and Commission review and approval. W. Unless otherwise stated in Chapter 17.47 (Temporary Use Types) of this Code, the occupancy of vehicles, including recreational vehicles, trailers, or vessels, as a residence, temporary or permanent, is prohibited in all zones. 17.53.030 Accessory Structures. A. All ground -mounted mechanical equipment, trash areas, and recycling bins shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme. B. Air conditioners, antennas, heating, cooling, ventilating equipment, and all other mechanical, lighting or electrical devices shall be operated so that they do not disturb the peace, quiet and comfort of adjacent and neighboring occupants. Such equipment shall be screened, shielded, and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Said equipment, excluding antennas, shall not exceed the maximum height of the underlying zone. C. All utility connections shall be designed to coordinate with the architectural elements of the building(s) and/or site so as not to be exposed except where necessary. Pad -mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. Power lines and overhead cables less than thirty-four (34) KV shall be installed underground. D. Above -ground utilities boxes, telephone boxes, water lines, backflow preventers, cable boxes or similar structures within public view shall be screened to the satisfaction of the Director. E. The use of metal storage containers shall be subject to Section 17.23.190 (Temporary Use Permits) of this Code. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 132 11 F. Outdoor storage areas shall be entirely enclosed by solid masonry walls or other material subject to the Director's approval, shall not be less than six (6) feet in height, and shall not be located within the required street setback. The maximum stacking height for outdoor storage shall be 40 determined by the Director. r� LJ 17.53.040 Setbacks. All setbacks shall meet the requirements of the underlying zone and as shown below in Figure 17.53 — I semacxsl, umess spectncany anowea in tins section. Residential 76ha, Commercial or 1ndu4riM Zone Figure 17.53 — 1 Commercial/Industrial Setbacks January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 133 A. A minimum five (5) foot wide landscaped setback shall be required where structures are located • adjacent to a right-of-way, except where they are located adjacent to a major or secondary highway where the minimum setback shall be increased to ten (10) feet. B. Parking areas shall not be permitted within the required front setback. C. Corner Setbacks. For commercial and industrial uses, no miscellaneous items, products, equipment, vehicles or signs shall be permitted on any comer formed by intersecting streets within a triangular area between the property line adjacent to the public right-of-way and a diagonal line joining points on said property lines twenty-five (25) feet from their point of intersection or, in the case of rounded corners, the areas between the tangent to the curve and a diagonal line adjoining points on such tangents twenty-five (25) feet from the point of intersection. 17.53.050 Walls and Fences. A. Commercial and industrial uses adjacent to or across a street or alley from residentially zoned property or property developed with a residential use, shall provide a minimum six (6) foot high masonry wall along all common lot lines (with the exception of those lot lines with the required front setback of the commercial or industrial property where the wall shall be not less than thirty (30) inches nor greater than forty-two (42) inches). All walls shall be consistent with the site's architecture and in instances where visible from the public right-of-way, shall be constructed with decorative materials. B. Access. A wall or fence shall not be constructed in such a manner so as to block or restrict • vehicular access to a dedicated or implied dedicated alley, access, or way. C. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, chain link, black or green fabric, barbed wire, razor ribbon, or other similar temporary material shall not be permitted as a fencing material. In the case of temporary construction fencing for properties with an active building permit in good standing, black, green or other colored fabric may be installed to the satisfaction of the Director. D. Vacant property and property under construction may be fenced with a maximum six (6) foot high, non -view -obscuring fence. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 134 • E • Chapter 17.55 SECTIONS: Property Development Standards — Mixed Use 17.55.010 Purpose. 17.55.020 Mixed Use Development Standards. 17.55.030 Accessory Buildings and Structures. 17.55.040 Architectural and Design Standards. 17.55.050 Parking Standards. 17.55.060 Setbacks. 17.55.070 Walls and Fences. 17.55.010 Purpose. It is the purpose of this chapter to provide property development standards to all properties and structures permitted within mixed use zones. These regulations encourage a mix of complementary residential and nonresidential uses in a manner that promotes healthy and walkable communities. 17.55.020 Mixed Use Development Standards. The following general property development standards shall apply to all properties and structures permitted in mixed use zones. A. General. 1. Building Height. a. MXN Zone. Buildings and structures in the MXN zone may be permitted and shall not exceed a height of fifty (50) feet. b. MXC and MXUV Zones. Buildings and structures in the MXC and MXUV zones, may be permitted a height of up to fifty (50) feet. Buildings and structures exceeding fifty (50) feet in height shall require approval of a conditional use permit. 2. Density (Maximum and Minimum). As determined by Chapter 17.35 (Mixed Use Zones). 3. Floor Area Ratio (Maximum and Minimum). As determined by Chapter 17.35 (Mixed Use Zones). 4. Daylight Plane Requirement. Buildings and structures shall not intercept a 45 -degree daylight plane inclined inward at an adjacent residential property line. The 45 -degree daylight plane shall be measured from a height of six (6) feet above existing grade at the residential property line, as illustrated in Figure 17.55-1 (Daylight Plane Requirement). January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 135 5 Figure 17.55 — 1 Daylight Plane Requirement Driveways and Circulation. • a. Driveway access shall be located no closer than one hundred fifty (150) feet from the beginning of the curve of a street corner. b. Driveways on major highway, secondary highway, collector, and other streets as* determined by the City Engineer, 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 percent (7%). C. All driveways shall have a minimum stacking distance of. i. Twenty (20) feet from the face of the curb, adjacent to a residential local collector. ii. Forty (40) feet from the face of the curb, adjacent to a secondary or major highway. iii. One hundred (100) feet from the face of the curb, adjacent to a secondary or major highway that has the potential for a future traffic signal. iv. The length of the longest anticipated delivery vehicle, if the longest anticipated delivery vehicle exceeds the minimum stacking distances referenced in this section. d. Reciprocal ingress and egress, circulation, and parking arrangements shall be required where feasible to facilitate the ease of vehicular movement between January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 136 adjoining properties, to limit unnecessary driveways, and to create more cohesive, community -oriented development. • e. All parcels shall be limited for access onto and off of the property. Driveways shall be shared between adjacent properties unless otherwise specified by the City Engineer. 6. Trash Enclosure. Trash enclosure location(s) and access shall be designed to the satisfaction of the Director. Enclosures shall be conveniently located and designed to allow collection vehicles to service the trash/recycling bins without backing up, where feasible. The enclosure(s) shall also be designed in a manner to reduce or eliminate the potential for collection vehicles to block required parking spaces as part of regular trash or recycling pick-up. The number of trash and recycling containers required shall be determined by the City. Trash enclosures shall be designed with a solid roof, subject to the approval of the City. 7. For any mixed use development with a nonresidential use, or combination of nonresidential uses, with more than fifty (50) full time employees, a transportation demand management (TDM) program shall be submitted to and approved by the Director and/or the South Coast Air Quality Management District (SCAQMD). Programs should include but are not limited to carpooling, vanpooling, public and/or private transit, alternative work hours, walk to work and telecommuting. 8. Employee break areas, which may include facilities for shade, seating, eating and trash • disposal, shall be provided to the satisfaction of the Director. 9. Electrical vehicle charging stations may be required for new developments at the discretion of the Director. 10. All development adjacent to rail lines throughout the City shall be designed to be sensitive to the rail lines. 11. Unless otherwise stated in Section 17.23.190 (Temporary Use Permit) of this Code, the occupancy of vehicles, including recreational vehicles, as a residence, temporary or permanent, is prohibited in all mixed use zones. 12. Commission Review. Mixed use developments that are one hundred thousand (100,000) square feet or more in gross floor area, along major highways or at key intersections identified in the circulation element of the General Plan shall be subject to a public hearing and Commission review and approval. B. Performance Standards. 1. Electrical Disturbance, Heat and Cold, Glare. No use, except a temporary construction operation, shall be permitted which creates changes in temperature or direct glare. No use shall be permitted which creates electrical disturbances that affect the operation of any • equipment beyond the boundaries of the site. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 137 2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with the City's noise ordinance. • 3. Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond the boundaries of the site. 4. . Vibration. No use, except a temporary construction operation, shall be permitted which generates inherent and recurrent ground vibration perceptible without instruments at the boundary of the lot on which the use is located. C. Open Space. Active recreation and passive leisure space should be provided for each residential -only or mixed use project containing residential uses. The required minimum amount of open space for a mixed use project is two hundred (200) square feet per unit, which may be combined for a larger community open space area. 2. Public spaces shall be required and may include, but is not limited to, outdoor areas such as plazas, outdoor dining areas, rooftop gardens, and landscaped areas designed for active or passive use. 3. Open space shall be provided in areas that are not required setbacks, parking areas, driveways, services areas or unusable slope area. 4. Exterior public spaces shall be provided throughout the proposed development. 5. The applicant may provide off-site open space amenities or in -lieu fees to satisfy the open space requirements. 6. Landscaping shall be provided in open space and common areas throughout the mixed use development. D. Outdoor Display of Merchandise. 1. No merchandise, or any portion thereof, shall be displayed on public property; however, merchandise may be displayed within the public right-of-way if an encroachment permit has first been obtained from the City. 2. Merchandise, except for vehicles, shall not project more than four (4) feet beyond the store front. 3. Except for vehicles, merchandise shall be displayed outside only during business hours. 4. The aggregate display area shall not exceed fifty (50) percent of the linear frontage of the store front or six (6) linear feet, whichever is greater. January 2013 1 DRAFT • Division 17.50—Development Standards (17.51-17.57) Page 138 5. Outdoor dining is encouraged where appropriate. • 6. Merchandise shall not be displayed in such a manner as to present a hazard to safety, impede convenient vehicular and/or pedestrian access to the building or business, or create a display that is detrimental to the appearance of the premises and surrounding property; or is in any other manner detrimental to the public health, safety, welfare, or causes a public nuisance. 7. Required parking spaces shall not be used for display. E. Expansions and Modifications of Developed Commercial Properties. All expansions or modifications of permitted structures, including accessory structures, are subject to the following; 1. A cumulative expansion of twenty (20) percent or less of approved building area for developed commercial properties may be permitted, subject to review and approval of the Director. Such expansions require a determination by the Director that such request is in substantial conformance with the legally established use. Expansions may be subject to development review to the satisfaction of the Director. 2. A cumulative expansion of twenty (20) percent to fifty (50) percent of approved building area for developed commercial properties may be permitted with approval of a minor use permit. Such expansions require a determination by the Review Authority that such request is in substantial conformance with the legally established use. • 3. A cumulative expansion greater than fifty (50) percent of approved building area for developed commercial properties may be permitted, subject to the applicable entitlement(s), as determined by the Director. Such expansions shall be subject to the development standards of the underlying mixed use zone. 17.55.030 Accessory Buildings and Structures. A. All ground -mounted mechanical equipment, trash areas, and recycling bins shall be completely screened from surrounding properties by use of a parapet, wall, or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers, and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme. B. Air conditioners, antennas, heating, cooling, ventilating equipment, and all other mechanical, lighting or electrical devices shall be operated so that they do not disturb the peace, quiet and comfort of adjacent and neighboring occupants, and shall be screened, shielded, and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Said equipment, excluding antennas, shall not exceed the maximum height of the zone in which it is located. C. All utility connections shall be designed to coordinate with the architectural elements of the • building(s) and/or site so as not to be exposed except where necessary. Pad -mounted January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 139 transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. Power lines and overhead cables less than thirty-four (34) KV shall be �installed underground. D. Above -ground utilities boxes, telephone boxes, water lines, backflow preventers, cable boxes, or similar structures within public view shall be screened to the satisfaction of the Director. E. The use of metal storage containers shall be subject to Section 17.23.190 (Temporary Use Permit) of this Code. 17.55.040 Architectural and Design Standards. A. Architectural Standards. Development shall comply with the City's Community Character and Design Guidelines. 2. Buildings shall include three hundred sixty (360) degree architectural elements. 3. Building materials shall be high quality, durable, and natural -appearing. 4. Buildings shall be oriented along street frontage. 5. The vertical plane of the building fagade shall be broken up with a high level of articulation (e.g., projecting entry or window features, recessed elements, transparent storefronts, identifiable retail spaces, and awning entrance canopies), especially at ground level. 6. For vertical mixed use development, residential uses will not be allowed on the first floor of a building fronting a primary roadway commercial corridor. Residential uses may be located on the ground floor of a building if the building fronts on a secondary road or alley. 7. Where multiple buildings are planned in a mixed use development, the structures should be of varying heights to create visual interest from the street. The ground level fagade for a multi-level structure should have a distinct look from the fagade or the floor levels above. 8. For mixed use projects that are over two stories in height, portions of the upper stories should be recessed from the front fagade to reduce the overall massing of the building and to create varied building heights and sight lines. 9. Building scale and architectural massing of new projects should incorporate elements for a reasonable transition to adjacent existing, or future, developments. B. Pedestrian Standards and Alternative Transportation Amenities. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 140 • I . Proposed mixed use developments shall provide connectivity to existing and future trail systems. ® 2. Pedestrian pathways shall be provided throughout the proposed development and should promote a design that will provide a direct and safe access to adjacent land uses. 3. Walkway connections to public sidewalks and transit stops (where available) shall be provided. Decorative paving shall be used to delineate pedestrian paths that cross parking areas and driveways, to the satisfaction of the Director. 4. Required bus turnouts/shelters shall be incorporated into the design of the front setback/landscape area. 17.55.050 Parking Requirements. Parking for mixed use developments shall be provided in the amount as indicated below, unless a minor use permit for a shared parking agreement is approved: A. For mixed use developments with two (2) bedrooms or more, parking shall be provided at a rate of two (2) spaces per residential unit and 0.5 spaces for guest parking. Parking area shall be des- ignated and covered. Tandem parking may be permitted. B. For mixed use developments with one bedroom units or studios, parking shall be provided at a rate of one space per unit and 0.5 spaces for guest parking. Parking area shall be designated and • covered. Tandem parking may be permitted. C. For mixed use developments, parking for the nonresidential component shall be provided at a rate of one space per two hundred (200) square feet. D. A parking analysis shall be required to determine the total number of parking spaces needed for a mixed use project. If changes to the uses occur at a future date, a new parking analysis will be required to reflect the new uses. E. Residential guest parking at a rate of 0.5 spaces per unit may be used to supplement the required parking spaces for the commercial component of the mixed use development. F. Subterranean parking will not be defined or counted as a building story or level and is encour- aged in both vertical and horizontal mixed use developments. G. The Approving Authority may allow the integration of parking alternatives for nonresidential uses in the form of valet and/or on -street parking spaces, where permitted, with the approval of the project parking analysis. 17.55.060 Setbacks. ® January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 141 A. Parking Setback. A minimum five (5) foot wide landscaped setback shall be required where parking areas are located adjacent to right-of-way, except where they are located adjacent to a • major or secondary highway, where the minimum setback shall be increased to ten (10) feet. B. Building Setback. A minimum five (5) foot wide landscaped setback shall be required where buildings are located adjacent to a major highway, secondary highway, collector, and other streets. C. Structure Setback to Residences. A minimum twenty-five (25) foot structure setback shall be required where structures are located adjacent to residential zones or uses. D. Patios and seating areas can be included in the street setback areas. E. Parking areas shall not be permitted within the required front setback. 17.55.070 Walls and Fences. A. Mixed uses adjacent to, or across a street or alley from, residentially zoned property or property developed with a residential use, shall provide a minimum six (6) foot high masonry wall along all common lot lines (with the exception of those lot lines with the required front setback of the mixed use property where the wall shall be not less than thirty (30) inches nor greater than forty- two (42) inches) which blends in with the site's architecture. In instances where visible the public right-of-way, the wall shall be constructed with decorative materials. B. Access. A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access or way. C. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, chain link, black or green fabric, barbed wire, razor ribbon, or other similar temporary material shall not be permitted as a fencing material. In the case of temporary construction fencing for properties with an active building permit in good standing, black, green, or other colored fabric may be installed to the satisfaction of the Director. D. Construction Fence. Vacant property and property under construction may be fenced with a maximum six (6) foot high, non -view -obscuring fence. January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 142 • Chapter 17.57 Property Development • Residential SECTIONS: 17.57.010 Purpose. 17.57.020 Residential Development Standards. 17.57.030 Multifamily Residential Development Standards. 17.57.040 Accessory Buildings and Structures. 17.57.050 Distance Between Buildings. 17.57.060 Setbacks. 17.57.070 Walls and Fences. 17.57.010 Purpose. Standards It is the purpose of this chapter to provide development standards to all properties and structures permitted within residential zones. The following property development standards apply to all residential property and structures. The dimensions shown are the minimum required, unless otherwise stated. 17.57.020 Residential Development Standards. A. Architecture. All new single-family homes shall be designed with architectural treatments and • articulation on all sides (360° architecture). Building materials shall be high quality, durable, and natural -appearing. Homes on corner lots or view corridors that are more visible to the public shall require a higher level of design on the more prominent elevations. B. Rear Yard Coverage. Not more than fifty (50) percent of the required rear yard shall be covered by buildings or other roofed structures. C. Buildings and structures exceeding two (2) stories or thirty-five (35) feet in height, whichever is more restrictive, shall require approval of a conditional use permit. D. Covered patios which are enclosed on more than two (2) sides with any material including detachable screens, glass or plexiglass panels shall be considered an enclosed patio and, at the discretion of the Director, shall meet all Code requirements for new construction. Proposals may be subject to conditions of approval. Consideration shall be given to whether the proposed structure will be visible from the street or from adjacent and neighboring lots. At the discretion of the Director, compatibility with existing structures shall be maintained including roof style, finishes, colors, trims and architectural themes. E. Air conditioners, antennas, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that they do not disturb the peace, quiet and comfort of adjacent and neighboring occupants, and shall be screened, shielded and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 143 in accordance with all other applicable ordinances. Heights of said equipment, excluding antennas, shall not exceed the required height of the underlying zone. is F. Metal Siding. Siding for new single-family homes shall reflect the character of surrounding homes and residential uses and shall not be composed primarily of metal. G. Sloped Roof. The primary roof of new single-family dwellings shall be sloped with a minimum incline of 2:12 feet. New additions which change the roofline of existing single-family residences shall have sloped roofs where consistent with the existing design of the house and surrounding neighborhood. This sloped roof requirement does not apply to open patio covers. An adjustment shall be obtained in accordance with Section 17.24. 100 (Adjustments) for residential roof slopes of less than 2:12. H. Modifications of Garages. Conversions of existing required garages into habitable space is permitted only following the issuance of a certificate of occupancy for a new garage consistent with the residential parking requirements. Modifications shall not be permitted which reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two car garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages. Clear entry shall be provided for all garages at a minimum of sixteen (16) feet for two (2) car garages and eight (8) feet for single car garages. I. Any new residential development, tract map, and/or parcel map that is located within 500 feet from the edge of right-of-way from Interstate 5 and/or State Route 14, shall require a health risk assessment to determine air quality impacts on sensitive uses. J. Flag Lots. The flag portion of a flag lot, if permitted, shall not be counted toward the minimum • lot area requirement. Flag strips shall have a minimum width of twenty (20) feet except where they form a common driveway with other such access strips. Maximum singular or shared driveways do not need to exceed the roadway width for fire truck access as established by the Fire Department. K. Roof -mounted or installed air conditioners shall be prohibited on residential development. This however shall not preclude the replacement of existing legal roof -mounted air conditioners with new units which are the same general dimensions of the original unit. L. All development adjacent to rail lines throughout the City shall be designed to be sensitive to the rail lines. M. All light sources shall be directed downward and shielded from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. N. Residential Lots Shall Be Kept Free of Vehicles. With the exception of the driveway, a person shall not keep, store, park, maintain or otherwise allow any vehicle or any vehicle part in the following: Required front yard; and January 2013 1 DRAFT • Division 17.50 —Development Standards (17.51-17.57) Page 144 2. Any additional area of a residential lot that is not predominantly screened from a public or private street by solid fencing, walls or vegetation. This shall not apply to residential ® lots that are over a gross quarter acre (10,890 square feet) or in the Special Standard Districts of Placerita Canyon, Happy Valley and Sand Canyon, as shown in Figure 17.57 — 1 (Residential Parking Areas). • • LOTS M)EX A QVATTRACREAND 0 rSIDE OFTIM PLACERTTA CANYON: NAPPY VALLEY, AND SAND CANYON S'LANDAPODISTMCTS Suctl�ing Sure Snback ANY LOT OVBRA QVARTPR AMA2LD LOTS N PLACP.RITA CANMN. NAPPY VM I". AM SAND CANYON STAA'WRD DISTRICTS — — — — — Pnfking --------------- NO Patting Paiking I NhmW i PaA ing i ARm+wl ( Sircet No Perking ! i Figure 17.57 — 1 Residential Parking Areas January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 145 O. Front Yard Landscaping. The following shall serve as a guideline for exemptions to the front yard landscape requirement, as shown in Figure 17.57 — 2 (Driveway Paving), subject to the approval of the Director: • 1. Paving or other similar types of hardscape intended for vehicular use shall be permitted to extend a maximum of ten (10) feet into the adjacent side yard from the driveway past the width of the garage into that portion of the required front yard that is on the opposite side of the garage as the front door of the residence. 2. All proposals for paving or hardscape intended for vehicular use to extend beyond the ten (10) feet as permitted above shall be subject to review by the Director. The proposal shall be reviewed on the basis of compatibility with the surrounding neighborhood and with the intent of the Code. 3. The approval of the City shall not supersede the approval of any other affected agency including, but not limited to Homeowners Associations (HOA's) or similar entity. Covenants, Conditions, and Restrictions (CC&R's) may apply to the property in question. 4. In cases of side-loaded/side-entry garages, paving for vehicular use shall be permitted in the required yard that is on the same side as the front door, subject to review by the Director. Landscaping shall be provided in the required front yard that is not approved for driveway paving. 5. No vehicles shall be permitted to traverse any area designated as landscaping in the required front yard. 6. Only in cases of unique lot shapes, and where no other alternative is available, shall paving or other similar types of hardscape intended for vehicular use extend from the driveway past the width of the garage into that portion of the required front yard that is on the same side of the garage as the front door of the residence. Any such request shall be subject to approval of an adjustment, pursuant to Section 17.24. 100 (Adjustment). January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 146 n U Figure 17.57 — 2 Driveway Paving P. Width, Paving and Slope of Driveways. Access to parking spaces required by this Code shall be • developed in accordance with the following: 1. Driveways shall be not less than ten (10) feet wide. 2. 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. Unless modified by the City Engineer and approved by the Fire Department because of impacts to oak trees or topographical or other conditions: a. No portion of a driveway providing access to parking areas shall exceed a slope of twenty percent (20%). 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. b. Changes in slope along the run of a driveway must be at a maximum algebraic grade difference of ten percent (10%) 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.) January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 147 4. All parcels less than one (1) acre in size shall have a solid/secure surface driveway (concrete, asphalt or other surface) that complies with the driveway standards to the satisfaction of the Director. 5. Where driveways are not perpendicular to the street, sufficient back-up room shall be provided to the satisfaction of the Director. 6. Circular driveways are not permitted for lots having less than ten thousand nine hundred eighty (10,980) square feet. Q. Mobilehomes/Manufactured Homes on Residential Lots. Mobilehomes and manufactured homes as provided for in Chapter 17.42 (Residential Use Types) shall meet the following requirements: The mobilehome or manufactured home shall be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.). 2. The mobilehome or manufactured home shall have been constructed less than ten (10) years prior to the date of the application for the issuance of permits to install such mobilehomes or manufactured homes. 3. The mobilehome or manufactured home shall.be installed on permanent foundations on individual lots. 4. The mobilehome or manufactured home shall be installed in places which are not • exempted pursuant to Government Code Section 65852.1(b) as having a special character or special historic interest. 5. All mobilehomes or manufactured homes shall possess roof eaves with overhangs of at least sixteen (16) inches. 6. All mobilehomes or manufactured homes shall possess a sloped roof with a minimum incline of 2:12 feet. 7. The exterior walls or siding shall reflect the character of surrounding residential uses and shall not be composed primarily of metal. R. Mobilehomes as Temporary Residences. A mobilehome may be used as a temporary residence during the construction of a permanent single-family residence as follows: 1. It shall be occupied only by the owner of such residence and their family. 2. It shall be occupied only while a building permit for the construction of such residence is in full force and effect. 3. It shall be in conformance with Section 17.23.190 (Temporary Use Permit). January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 148 4. Unless otherwise stated in Section 17.23.190 (Temporary Use Permit), the occupancy of vehicles, including recreational vehicles, trailers, or vessels, as a residence, temporary or • permanent, is prohibited in all zones. S. Residential units shall be limited to one electric service meter per residential unit. A second unit or guest house shall not be considered a residential unit for this section. 17.57.030 Multifamily Residential Development Standards. A. Required front and street side yards shall be landscaped. All plant material shall be irrigated by automatic sprinklers or drip irrigation systems. Patios, seating areas, parking and circulation spaces can be included in the setback areas to help buffer adjoining parcels from one another. However, parking areas shall not be permitted within the required front setback. B. Multifamily residential buildings and communities shall be designed in a manner to reduce the potential for criminal activity. Elements such as a clear delineation between private and public spaces, ample visibility of both indoor and outdoor common areas, proper lighting, shall be incorporated into multifamily projects. Dead-end drive aisles, alleyways, or pedestrian paths shall be avoided. Paths, alleyways, and drive aisles shall be designed for through traffic/pedestrian movements and shall be highly visible and well lit. Other practices and methods related to Crime Prevention Through Environmental Design (CPTED) are also encouraged. C. Masonry walls six (6) feet in height, from the highest finished grade, shall be required on the rear • and side property lines. No walls are required on street side yards unless needed for noise attenuation and/or privacy, as determined by the Director of Community Development. D. Where a lot fronts on more than one street it shall be considered to have multiple frontages and be required to meet the front yard setback requirement on all street frontages. E. Open Space. Open space shall be provided for each residential unit as follows: Studio units—two hundred (200) square feet; 2. One bedroom units—three hundred (300) square feet; 3. Two (or more) bedroom units—four hundred (400) square feet; 4. Single-family detached/townhome units—six hundred fifty (650) square feet.. Open space shall be split into required yard space and recreational facilities throughout the common areas of the development as prescribed in this section. A minimum of fifty percent (50%) of the open space shall be dedicated to the required yard for each residential unit. The remaining space may be used to fulfill additional recreational facilities as prescribed in this section, and/or may be applied to the required yard areas to the satisfaction of the Director of Community Development. Land required for setbacks or occupied by buildings, streets, . driveways or parking spaces may not be counted in satisfying this open space requirement; January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 149 however, land occupied by any recreational buildings and structures may be counted as required open space. F. Storage Space. If a fully enclosed garage is not provided, a minimum of two hundred fifty (250)0 cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; substitutions may be approved by the Director. G. Recreation Facilities. The following recreation facilities shall be provided at a minimum unless waived by the Director: 1. Landscaped park -like quiet area; 2. Children's play area; 3. Family picnic area; and 4. Swimming pool with cabana or patio cover. H. Recreation vehicle parking areas shall be provided, fully screened from public view, or the development shall prohibit all parking of recreation vehicles. I. Trash Collection Areas. The following requirements shall be met for all trash collection areas for multifamily residential development: 1. 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. 2. 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. J. The conversion of any project to condominium ownership shall meet all requirements of this Code to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the fire code, sign ordinance, outdoor storage/sales, or screening standards be waived. A specific Commission waiver shall be required where the multifamily residential requirements cannot be reasonably met. K. Metal Siding. New multifamily dwellings and required parking structures shall not possess on the .surface of the exposed exterior walls siding composed primarily of metal. 17.57.040 Accessory Buildings and Structures. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 150 A. Such buildings and structures shall not exceed twenty (20) feet in height or exceed the height of the primary residence, whichever is less, in the UR2, UR3, UR4, and UR5 zones. • B. Such buildings and structures, including freestanding shade awnings, sheds, pergolas, garages and other attached, semi -attached and outbuildings shall be consistent and compatible with the primary dwelling unit in terms of architecture, finish materials, and color. C. The use of metal storage containers is prohibited in residential zones, unless they meet the design standards of this Code. D. Modular Building for Nonresidential Uses. Modular buildings for nonresidential uses in residential zones shall be subject to the following additional requirements: Must be set back twenty-five (25) feet from property lines of properties developed with residential uses; 2. Shall be subject to the approval of a minor use permit in accordance with Section 17.24.120 (Minor Use Permit); 3. Shall be subject to the approval of a landscape plan review, in accordance with Section 17.23.150 (Landscape Plan Review), to ensure that the buildings are adequately screened from public views and from adjacent residences; 4. The applicant shall submit plans identifying changes to parking and lighting to ensure • that there are no adverse impacts to adjacent residences. E. Mobile or portable canopies are not permitted in the front yard or side yard setback areas, whether proposed to be located on a driveway or otherwise. • F. Above -ground utility boxes, telephone boxes, water lines, backflow preventers, cable boxes or similar structures within public view shall be screened to the satisfaction of the Director of Community Development. G. All legal residential parcels shall be permitted to have one driveway point, unless otherwise specified by the City Engineer. H. All ground -mounted mechanical equipment shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme. 1. All utility connections shall be designed to coordinate with the architectural elements of the building(s) and/or site so as not to be exposed except where necessary. Pad -mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. Power lines and overhead cables less than thirty-four (34) KV shall be installed underground. January 2013 1 DRAFT Division 17.50— Development Standards (17.51-17.57) Page 151 J. Residential Sport Courts. Residential sport courts shall be subject to the following standards: Existing single-family residences within a residential zone may have up to one (l) sport • court (including applicable walls and/or fences) consisting of a single sport area. Additional residential sport courts or sport areas may be permitted subject to the approval of a minor use permit. 2. A residential sport court, requiring an enclosure, wall, structure or fence that surrounds or is an integral part of such court, shall be designed so as to reasonably reduce or eliminate light, noise, and other impacts on surrounding homes and properties. Where appropriate and feasible, landscaping shall be used to screen the sports court from neighboring properties. Additional noise attenuation may also be required by the Director. The required setback for all sport courts with an enclosure, wall, or fence shall be 15 feet from all side and rear property lines. No enclosures shall be within any front or reverse -comer yard setbacks. 3. All lighting associated with a residential sport court shall be completely screened. Spillover prevention may require substantial shielding of both the fixture and pole. In no event shall light fixtures with the bulb fully enclosed within the fixture. Lights shall be focused downward and shall not wash or extend more than 15 feet above the grade of the sport court. Light fixtures shall be of full cut-off design, spill onto adjacent properties. Lighting fixtures are prohibited within 15 feet from any rear or side property line. They are also prohibited within any front or reverse -corner yard setbacks. 4. Lighting for exterior sport courts and/or areas shall not be used between the hours of 9:00 • p.m. and 8:00 a.m. K. Guesthouses. A guesthouse is a detached accessory building located on the same property as a legal single-family dwelling unit, providing temporary living quarters for the temporary use by occupants of the main residence or temporary guests of the occupants of the primary dwelling unit. Such quarters may have bath and toilet facilities but no cooking facilities specifically defined as a cook -top, stove, or range. Food preparation areas intended for entertainment purposes, along with other facilities or appliances related to overnight guests, are permitted. This may include, but is not limited to, warming ovens, sinks, wet bars, refrigeration, and laundry facilities. Guest houses may not include electrical and/or plumbing connections that could be used to support permanent cooking facilities (cook -top, stove, or range). Locations. A guesthouse may be permitted only on parcels that meet the following criteria: a. The parcel shall be zoned any of the following zones (NUI, NU2, NU3, NU4, NUS, URI, UR2, UR3, UR4, URS, or OS -A). b. The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit). January 2013 1 DRAFT • Division 17.50—Development Standards (17.51-17.57) Page 152 C. Only one guesthouse shall be permitted per parcel unless an approved minor use permit is obtained. • 2. Development Standards. A guesthouse shall be subject to all the development requirements of the underlying zone, with the exception of the following: a. Where guesthouses or similar facilities are attached to the primary dwelling unit, they shall be considered to be an addition to a residential structure and shall be subject to the required setbacks and development standards for the underlying zone. b. The guesthouse shall meet the setbacks applicable to accessory structures. C. The guesthouse, or the structure that contains the guesthouse, shall not exceed the height (floor to peak) of the primary dwelling unit and is subject to the height standards listed in subsection (A) of this section. d. The architecture, construction materials and color of the guesthouse shall be consistent and compatible with that of the primary dwelling unit. 3. Services. All services, including water, electric, and sewer shall be provided from the primary dwelling. Separate, independent services for the guesthouse shall not be allowed. 4. Other. Guesthouses are for temporary occupancy and may not be rented or otherwise • used as a separate dwelling. L. Second Units. The purpose of this subsection is to provide for the creation of second units, pursuant to Section 65852.2 of the Government Code. A second unit is a residential use that is consistent with the residential zone designations. A second unit is either a detached or attached dwelling unit, other than the primary unit, that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (kitchen) and sanitation on the same parcel on which a primary dwelling unit is situated. A second unit shall be subject to the issuance of an administrative permit per Section 17.23. 100 (Administrative Permit). Locations. A single second unit may be permitted only on parcels that meet the following criteria: a. The parcel shall be zoned any of the following categories: NU 1, NU2, NU3, NU4, NUS, URI, UR2, UR3, UR4, URS, or OS -A. b. The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit). C. The second unit shall not be sold separately from the primary unit. is January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 153 d. If located in an area restricted to a single route of access, the second unit shall comply with the restricted residential access standards identified in Section 16.07.020 (Restricted Residential Access) of this Code. 2. Development Standards. A second unit shall be subject to all the development requirements of the underlying zone, with the exception of the following: a. Size. The gross living area of the second unit shall not exceed fifty (50) percent of that of the primary dwelling unit. b. Density. A second unit is permitted on any legal parcel that meets the minimum lot size for the zone in which it is located. C. For residential parcels measuring less than 5,000 square feet, the second shall be attached to the single-family residence. For parcels greater than 5,000 square feet, the second unit may either be attached or unattached. d. Setbacks. Second units shall be subject to the same setback standards that are applicable to the primary dwelling unit. e. Bedroom Requirement. In no case shall a second unit contain more than two (2) bedrooms. £ Height. A detached second unit shall not exceed the height (floor to peak) of the primary dwelling unit, subject to the height standards listed in subsection (A) of this section. g. Parking. The second unit shall be provided one standard parking space (9' x 18'). The required parking space shall be located on the parcel upon which the second unit is located and shall not be located in the required front setback that is applicable to the primary dwelling unit of the property. The parking space may be a tandem space and may be uncovered. Said parking space shall be surfaced and accessed pursuant to subsection (E) of Section 17.51.060 (Parking Standards) of this Code. It. Architecture. Architecture of the second unit shall be compatible with that of the primary dwelling unit. i. Entrance/Exit. Attached second units shall be provided with an independent entry/exit to the exterior of the unit. No entrance to the attached second unit shall be located on the same building elevation as the entrance to the primary dwelling unit. The appearance of a "duplex" shall be avoided. j. Attached Second Units. Attached second units shall share a common wall with the single-family dwelling or shall share an integral roof structure having the same framing system and roof covering as the primary dwelling unit. The maximum separation between the primary single-family residence and the - January 2013 1 DRAFT NW Division 17.50–Development Standards (17.51-17.57) Page 154 attached second unit shall not exceed twenty (20) feet at any given point. The second unit may be situated over attached garages. k. Detached Second Units. Detached second units shall be located behind the single-family dwelling unit and shall be located at least six (6) feet away from the exterior wall of the primary unit, and may be situated over a detached garage. In cases within the UR2, UR3, UR4, and UR5 zones where the second unit is connected to a detached garage, the maximum height of the combined structure shall not exceed 20 feet or the maximum height of the primary unit, whichever is less, subject to the height standards listed in subsection (A) of this section. 1. Construction Materials. Construction materials and colors of the second unit shall be compatible with those of the primary dwelling unit. 17.57.050 Distance Between Buildings. A. Distance Between Main Buildings. A minimum distance of ten (10) feet shall be required between all main residential buildings. B. Distance Between Main and Accessory Buildings. Except where a greater distance is required by this Code, a minimum distance of six (6) feet shall be required between any main residential building and an accessory building. C. Projections Permitted Between Buildings. The following projections are permitted within the • required distance between buildings, provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard: 1. Eaves and cantilevered roofs; 2. Fireplace structures, buttresses and wing walls; 3. Rain conductors and spouts, water tables, sills, capitals, cornices and belt courses; 4. Awnings and canopies; 5. Water heaters, water softeners, gas or electric meters, including service conductors and pipes; 6. Stairways and balconies above the level of the first floor. D. Uncovered porches, platforms, landings and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction. • January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 155 17.57.060 Setbacks. All setbacks shall meet the requirements of the underlying zone and as shown below in Figure 17.57 — 3• (Residential Setbacks), unless specifically allowed in this section. std Key Lot ® Guesthouse 4i3 Reversed' Comer Loi* @ _SecondUriit Comer Lot ID :Covcre$-Patio. {9 Flap L-ot Q. Detached Garage @ ndulti-firmly Residence 0 Pool ^ I Wor 20'dependingupon zone Figure 17.57 — 3 Residential Setbacks January 2013 1 DRAFT • Division 17.50—Development Standards (17.51-17.57) Page 156 A. Flag lots shall maintain either a ten (10) foot front, side and rear yard setback, or shall conform to the setbacks of the underlying zone, not including the flag portion of the lot. • B. Garages shall be set back twenty (20) feet from all public and private rights-of-way, excluding alleys. Garages can be set back five (5) feet away from the property line if no access is taken from that elevation and does not front a street. C. Street setbacks shall be measured from the ultimate street right-of-way or from the maximum required street width if said street or proposed street is to be private. In residential zones where the sidewalk is located adjacent to the curb, the building setback shall be measured from six (6) feet from the back of curb, as shown on Figure 17.57 - 4 (Street Setback Cross Section). This allowance does not permit any encroachment within any portion of such street by the underlying fee owner. -T&al.Right-Of-Way WidOt .I 'Stieet SMbacks 'Stcet. Setbavks I I I �I I I I Ixeverse I Sidewalk�Palk�ayl ISid^ ewalkl N,kway. p q S, miv. Yvurt fT wv. 16'min. Figure 17.57 — 4 Street Setback Cross Sections D. Patio Covers that are permanently unenclosed and are attached to the main dwelling unit may project into the rear yard as long as they are no closer than five (5) feet from the rear property line. 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: 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. January 2013 1 DRAFT Division 17.50—Development Standards (17.51-17.57) Page 157 F. Other structures shall be permitted in required yards as follows: 1. Fireplace structures (attached to dwellings), buttresses, wingwalls, eaves, cantilevered roofs, awnings, canopies, water heaters, water softeners and gas or electric meters may be located in required interior side and rear yards; provided, that they are located no closer than two and one-half (2.5) feet to any lot line. 2. Ground -mounted air conditioners, swimming pool pumps, waterfalls (not exceeding six (6) feet in height), heaters, filters and fans may be located in required rear yards; provided, that they are located not closer than two and one-half (2.5) feet to any lot line. These items, as well as other similar appurtenances, are not permitted in the side yard. 3. Unenclosed stairways and balconies above the level of the finished elevation of the first floor attached to the primary structure may project a maximum of five (5) feet into a required rear yard; provided, however, that an open work railing not to exceed three and one-half (3.5) feet in height may be installed. 4. Swimming pools and spas are permitted in required rear yards; provided, that they are located not closer than five (5) feet from any property line. The setback shall be measured from the water line of a sunken pool or spa or from the structure of an above -ground pool or spa. 5. Structures not exceeding one foot above ground level may be used in any required yard. 6. Built-in barbeques, fire pits, detached fireplaces and built-in entertainment centers shall • be five (5) feet away from property lines and less than ten (10) feet in height, including smoke stacks and chimneys. 7. Except as described elsewhere in this Code, accessory buildings and structures may be located within a required rear yard; provided, that they are not closer than five (5) feet to any lot line. 17.57.070 Walls and Fences. Setbacks shown are the minimum required. Fence and wall heights, as shown in Figure 17.57 — 5 (Fence and Wall Heights) are the maximum permitted, unless modified by an adjustment or variance. January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 158 U • • 6' Mar, J:5' Max! fit / i 7yl i,/ KEY LOT 6' Mu. CORNER LOT 6' Max. \ i N "(a' Mae. AII..W Fm REVERSED CORNER LOT Non.vimOh9c irrgrendne') Figure 17.57 — 5 Fence and Wall Heights January 2013 1 DRAFT Division 17.50 — Development Standards (17.51-17.57) Page 159 A. Walls in Interior Side and Rear Yards. A garden wall or fence not more than six (6) feet in height may be maintained along the interior side or rear lot lines; provided, that such wall or fence does not extend into a required front yard or side yard adjacent to a street except as herein provided. • Fences or garden walls in excess of six (6) feet in height, but not more than 15 feet in height, may be permitted in a required rear yard subject to the issuance of an adjustment per Section 17.24.100 (Adjustments), provided that such a fence or garden wall is not located any closer than five (5) feet to an interior side yard or rear yard line. B. in any required yard adjacent to a street or a driveway providing vehicular access to an abutting lot, a wall, fence, or view -obscuring vegetation shall not exceed forty-two (42) inches in height, except as herein provided. The height may be increased to forty-eight (48) inches for non -view - obscuring pipe or rail fencing. C. All walls and fences outside of any required yard in excess of six (6) feet, but less than 15 feet in height, shall be subject to the approval of the Director. Walls and fences in excess of 15 feet located outside of any required yard and not exceeding the maximum height for an accessory use in the underlying zone shall be subject to the issuance of an adjustment per Section 17.24.100 (Adjustments). D. Access. A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access, or way. E. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, barbed wire, razor ribbon or other similar temporary material shall not be permitted as a fencing material. Chain link fencing shall not be permitted in a required front yard and shall not be visible from any public right-of-way • unless otherwise approved by the Director. F. Vacant property and property under construction may be fenced with a maximum six (6) foot high, non -view -obscuring fence for a period not to exceed one year. G. Retaining walls proposed on land with an average slope of less than ten (10) percent shall be subject to the following provisions, as shown in Figure 17.57 — 6 (Retaining Walls). Retaining walls proposed on land with an average slope of ten (10) percent or greater shall be subject to Section 17.51.020 (Hillside Development). 1. Where a retaining wall protects a cut below the natural grade and is located within a required yard, such retaining wall may be topped by a fence or garden wall. The fence or garden wall may be the same height that would otherwise be permitted at that location if no retaining wall existed; provided, that the subject property is on the lower side. In all other locations, the maximum height of the retaining wall and fence or screening wall combined shall not exceed the maximum heights established in this Code or at the discretion of the Director. 2. Where a retaining wall contains a fill above the natural grade and is located within a required fence or wall at that location. A non -view -obscuring fence up to three and one- half (3.5) feet in height may be erected at the top of the retaining wall for safety. January 2013 1 DRAFT • Division 17.50 — Development Standards (17.51-17.57) Page 160 3. Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such garden wall or fence shall be set back from the retaining wall a distance of one • foot for each one foot in height of such wall or fence. The area between the wall or fence and the retaining wall shall be landscaped and continuously maintained. • C 4. Where a retaining wall is constructed to exceed six (6) feet in height measured from a neighboring parcel, an adjustment shall be obtained in accordance with Section 17.24. 100 (Adjustments). 'hfax.l5'on area ultiad: and sari iapiired rear mNside yaid: �agrc tarn an i capon A. ���. `(amgM x3:5' grrnashr fmw u P mnud mi 6'rill } fE]NIIIp^HAII Im SIPf(Y� 6'. l9mr area emind; end 6'on R±C'vcd rcaz snA sac B. " g{: +w' i. f2 ,s. 'i% yard.depmdagmlocarimr. • ' k rhall nmu"W C irpd limits Pemm I � 1 I x� d' +�'i/rill � x .,"� i. C. Figure 17.57 — 6 Retaining Walls January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 161 H. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within three (3) feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six (6) inches; provided however, that in no event shall the average height of such wall or fence exceed the maximum height permitted for that location. • January 2013 1 DRAFT Division 17.50 —Development Standards (17.51-17.57) Page 162 Division 17.60 Specific Development Standards 40 Chapter 17.61 Adult Business Regulations Chapter 17.62 Animal Keeping Chapter 17.63 Automotive Uses Chapter 17.64 Historic Preservation Chapter 17.65 Home Occupations Chapter 17.66 Other Specific Development Requirements Chapter 17.67 Temporary Uses Chapter 17.68 Transfer of Development Rights, Density Bonus, and Cluster Developments Chapter 17.69 Wireless Communication Facilities and Satellite Dish Antennas • January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 1 CI January 2013 1 DRAFT • Division 17.60 — Specific Development Standards (17.61-17.69) Page 2 Chapter 17.61 Adult Business Regulations • SECTIONS: 17.61.010 Purpose. 17.61.020 Applicability. 17.61.030 Legal Nonconforming Use. 17.61.040 Locational and Distance Requirements. 17.61.050 Adult Business Use Permit Application. 17.61.060 Timeline for Land Use Review and Decisions Concerning Adult Business Use Permit. 17.61.070 Findings Requiring Application Approval. 17.61.080 Appeals to the Council. 17.61.090 Performance/Development Standards. 17.61.100 Couch Dancing/Straddle Dancing and Other Sexual and Related Activities are Prohibited. 17.61.110 Inspection. 17.61.120 Suspension of Permit. 17.61.130 Revocation of Permit. 17.61.140 Annual Compliance Letter. 17.61.010 Purpose. • It is the purpose and intent of this chapter to regulate adult businesses in order to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult businesses within the City, thereby reducing or eliminating the adverse secondary effects from such adult businesses. The provisions of the section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the chapter to condone or legitimize the distribution of obscene material or material harmful to minors. • 17.61.020 Applicability. A. Adult businesses shall only be permitted to be operate in the Community Commercial (CC) zone or Business Park (BP) zone, and shall be subject to all the regulations and provisions in this Code. The provisions of adult businesses shall be applied to the following: 1. Adult motion picture arcade; 2. Adult bookstore; January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 3 3. Adult novelty store; 4. Figure modeling studio; • 5. Adult cabaret; 6. Adult motel; 7. Adult tanning salon; 8. Adult motion picture theater; 9. Sexual encounter establishment; 10. Escort agency; 11. Semi-nude model studio; 12. Juice bar. 17.61.030 Legal Nonconforming Use. A. All design and performance standards set forth in Section 17.61.090 (Performance/Development Standards) and locational and distance requirements set forth • in Section 17.61.040 (Locational and Distance Requirements) are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govem all existing and proposed adult businesses and shall immediately apply to any proposed adult business upon adoption and passage of the ordinance codified in this chapter. B. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this chapter that is not in compliance with the design and performance standards of Section 17.61.090 (Performance/Development Standards), any such adult business shall be considered a legal nonconforming use and shall conform to all design and performance standards within two (2) years of the effective date of said ordinance. C. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this chapter that is not in compliance with the locational and distance requirements of Section 17.61.040 (Locational and Distance Requirements), any such adult business shall be considered a legal nonconforming use and shall conform to all standards within five (5) years of the effective date of said ordinance. D. Any adult business which was a legal use at the time of annexation of the property into the City but which is a nonconforming use after annexation shall be subject to the same time requirements as indicated in subsections (B) and (C) of this section, starting from the date of annexation. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 4 • E. Any discontinuance or abandonment of the use of any lot or structure as an adult business ® shall result in a loss of legal nonconforming status. Any nonconforming use lawfully in existence prior to the adoption of the ordinance codified in this chapter may be continued, except as provided in this chapter; provided, that the use shall not be increased, enlarged, extended, or altered. Upon the conclusion of the amortization period, any adult business which is a nonconforming use shall cease all business operations and all signs, advertising and displays relating to said business shall be removed within thirty (30) days. F. An application for extension of the amortization period for an adult business which is a nonconforming use shall be made as provided herein. 1. The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the applicable amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the City Manager or designee determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the City and shall be accompanied by the required fee as established by resolution of the Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this chapter. • 2. Not later than thirty (30) days after submittal of an application to extend the amortization period, the City Manager or designee shall notify the applicant, in writing, if the application is not complete. A complete application shall include: a. The applicant's signature; b. A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (H) of this section below and shall identify the term of the requested extension; C. The required fees; • d. A mailing list and a set of gummed labels attached to envelopes with first- class postage fully paid thereon with the names, addresses and tax assessor's parcel numbers of all owners of real property within a radius of one thousand (1,000) feet from the external boundaries of the property on which the adult business is located; and e. A tax assessor's parcel map identifying the properties to be notified within the one thousand (1,000) foot radius. If the application is not complete, the City Manager shall specify in writing those parts which are incomplete and shall identify the manner by which the application January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 5 can be made complete. If a written determination is not provided to the applicant within (30) calendar days after it is submitted, the application shall be deemed complete. G. The Commission shall hold a noticed public hearing on the request for an extension H. Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the Commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area and the following additional factors: 1. The present actual and depreciated value of business improvements; 2. The applicable Internal Revenue Service depreciation schedule or functional non - confidential equivalents; 3. The remaining useful life of the business improvements; 4. The remaining lease term; 5. The ability of the business and/or land owner to change the use to a conforming use; and 6. The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult business and the amortization • requirements. I. The Commission, or the Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above. J. An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult business use permit and/or an adult business license, of a church, school, public park, public building, residential zone, or residential lot within one thousand (1,000) feet of the adult business. This provision applies only to the renewal of a valid permit and license and does not apply when an application for a permit and license is submitted after a permit and license has expired or has been revoked. 17.61.040 Locational and Distance Requirements. A. No person shall cause or permit the operation of any adult business within one thousand (1,000) feet of another adult business, within one thousand (1,000) feet of any religious institution, school, public park, public building, or within one thousand (1,000) feet of any property zoned or approved for residential use or used for residential purposes. B. Distance between any two (2) adult businesses shall be measured in a straight line, without regard to intervening structures, from the nearest property line to the nearest property line • January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 6 of each business. The distance between any adult business and any religious institution, • school, public park, public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest property line of the premises where the adult business is conducted, to the nearest property line of the premises of a religious institution, school or public park or public building or the nearest boundary of an affected residential zone or residential lot. 17.61.050 Adult Business Use Permit Application. A. In order to operate an adult business within the City, the applicant or proprietor of the business must obtain the adult business license required by this chapter and an adult business use permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with this chapter, for an owner, operator, manager, employee, or independent contractor to operate an adult business without possessing an adult business use permit required by this Code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee for an adult business use permit. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this chapter, shall file a written, signed and verified application on a form provided by the City. The completed application shall contain the following information and shall be accompanied by the following documents: If the applicant is • a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age. b. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any. U C. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process. 2. The applicant's mailing addresses and residential address. 3. Location and address including legal description of the proposed adult business. 4. A recent photograph of the applicant(s). 5. The applicant's driver's license number, social security number and/or his/her State or federally issued tax identification number. 6. Ten (10) legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies (using an engineer's scale of one inch equals twenty (20) feet) of the January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 7 floor plan showing the configuration of the premises, including a statement of total • floor space occupied by the business. 7. Twenty (20) straight-line, legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies of the site plan prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. 8. Two (2) copies of each of the following: a. Land use map (one thousand (1,000) foot radius). i. Draw at a scale of one (1) inch to one hundred (100) feet; ii. Indicate the applicant's property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alley, rights-of-way, current lot lines; and all tract lot and house numbers; iii. Indicate existing uses (house, apartment, store, vacant, etc.) on all lots, parcels and portions thereof within the radius; and iv. Distinguish the applicant's property from surrounding property. b. Property ownership map (one thousand (1,000) foot radius). i. Draw at a scale of one inch to two hundred (200) feet; ii. Indicate the applicant's property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alleys, rights-of-way, current lot lines; and all tract lot and house numbers; iii. Indicate ownership of property within the radius (number lots to correspond to the property owners list described below); and iv. Distinguish the applicant's property from surrounding property. C. Property proximity map (eight and one-half (8.5) inches by eleven (ll) inches) indicating surrounding property within a radius of three hundred (300) feet and two thousand five hundred (2,500) feet from the exterior boundaries of the subject property. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 8 • E 9. Prepare a complete list of names and mailing addresses of the current owners of • each parcel or lot within, or partially within, a one thousand (1,000) foot radius of the subject property. This information must be as it appears on the latest available assessment roll of the L.A. County Assessor, and shall be certified as true and correct. Each name shall be assigned a number on the list indicating corresponding numbers on the parcels or lots on the ownership map. In addition a certified property owners list affidavit shall be submitted to verify completeness and accuracy of the names and addresses. An inaccurate or incomplete list shall constitute cause for removal of the case from the agenda or necessitate a rehearing of the case after proper noticing of affected property owners. 10. One complete set of mailing labels for all of the property owners within a one thousand (1,000) foot radius of the exterior boundaries of the subject property, including the following: C� a. Name and address of the property owner(s); b. Name and address of the manager of any mobilehome park, or portion thereof, within a one thousand (1,000) foot radius of the property. Such label shall include the letters "MHP" apart from the address so that such notices contain a request to post the notice in a public area or within the park; and C. One set of blank envelopes, with the correct amount of postage on each envelope, sufficient to complete one mailing of notices. Notices will be mailed by the Community Development Department. i 1. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment. 12. Proposed hours of operation 13. The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment. 14. Whether the applicant or any other individual listed pursuant to this chapter holds any other permits and/or licenses under this chapter or other similar adult business ordinance from another city or county and, if so, the names and locations of such other permitted businesses. 15. Whether the applicant or any of the other individuals listed pursuant to this chapter has had a previous permit under this chapter or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this chapter has been a partner in a partnership or an officer, director or principal stockholder of a January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 9 corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. 16. Whether the applicant or any of the other individuals listed on the application has within the last five (5) years, immediately preceding the date of the application, been convicted of a specified criminal act or tax violation, and, if so, the specified criminal act or tax violation involved, the date of conviction and the place of conviction. 17. The applicant shall be required to pay a nonrefundable application fee as specified in the schedule of fees at the time of filing an application under this chapter. 18. One official set of the applicant(s) fingerprints (obtained from Los Angeles County Sheriff's office). The City shall submit/send the fingerprints to the State Department of Justice for a Criminal History Background Check within seventy- two (72) hours of receiving the fingerprints from the applicant(s). The application shall not be deemed complete until the City has received fingerprints from the applicant. If the City does not receive the background check from the Justice Department within sixty (60) days, this requirement will be waived, but does not exempt the applicant from subsequent revocation or suspension if all requirements are not met. 19. The applicant shall be required to display an on-site sign containing information about the proposed project and the public hearing. Signage requirements can be obtained in the Planning Division. The on-site sign must be posted twenty-one (21) days prior to the public hearing. B. Applicants for a permit under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director shall be grounds for suspension of a permit. C. In the event that the Director determines or teams at any time that the applicant has improperly completed the application for a proposed adult business, they shall notify the applicant of such fact within thirty (30) days and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.) D. Prior to obtaining any permit to operate any adult business defined in this chapter, and as part of any application for a permit under this chapter, the applicant shall obtain a written letter signed by the Director that the proposed location of such business complies with the locational requirements of this chapter. January 2013 1 DRAFT • Division 17.60—Specific Development Standards (17.61-17.69) Page 10 E. By applying for a permit under this chapter, the applicant shall be deemed to have • consented to the provisions of this chapter of the Code, and to the Los Angeles County Sheriffs office and all other City agencies charged with enforcing the laws, ordinances and Code applicable in the City of their respective responsibilities. F. The applicant(s) shall receive a dated, signed and written letter from the Director when the application is deemed complete. 17.61.060 Timeline for Land Use Review and Decisions Concerning Adult Business Use Permit. A. The Commission shall approve or disapprove the completed adult business use permit application within sixty (60) days of its acceptance as complete by the Director, unless extended upon the written consent of the Director and the applicant. B. Within sixty (60) days of receipt of the completed application by the Director, the Commission shall conduct a noticed hearing on the application for an adult business use permit and shall approve the application if the application meets the requirements of this Code and shall deny the application if any of the findings set forth in this Code cannot be fulfilled. The Commission shall issue its decision during the public hearing. If the Commission fails to approve or deny the application within the sixty (60) days, or any extension thereof, of the receipt of the completed application, the application shall be deemed approved by the Commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this Code. C. In the event the information requested pursuant to the Code is not available prior to the granting of the permit, the Commission shall, if the application otherwise meets the requirements of this Code, issue the permit. Should information later obtained pursuant to this Code materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the City receiving the information required shall state clearly on its face that the adult business use permit is subject to suspension or revocation pursuant to the provisions of this Code and all other applicable laws and ordinances, including revocation and suspension provisions hereof. 17.61.070 Findings Requiring Application Approval. A. The Commission, or Council on appeal, shall approve the application for an adult business use permit unless it is unable to make one or more of the following findings: 1. That all applicable fees have been paid. 2. That the applicant or the applicant's spouse is not overdue in payment to the City of any fees, fines or penalties assessed against or imposed in relation to an existing or former adult business. 3. That the building, structure, equipment and location used by the business for which an adult business use permit is required complies with the requirements and standards of the health, building, zoning, fire and safety laws of the State of • California, the Los Angeles County Fire Department and the City. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 1 I 4. That the conduct of the adult business as proposed by the applicant, if permitted, will comply with all applicable laws, including, but not limited to, the City's • building, zoning, fire and health and safety regulations. 5. That the applicant is eighteen (18) years of age or older. 6. That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district or area, including the provision of required parking. 7. That the use is in conformity with the locational criteria set forth in this Code. 8. That the design of the site and the proposed improvements are in compliance with all applicable design provisions of this Code. 9. That the proposed conduct of the adult business is in compliance with all applicable performance standards of this Code. 10. That the applicant, partnership, or corporation has not knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business use permit, or in any report or record required to be filed with the City or County. 11. That on the date that the business for which a permit is required herein commences, or thereafter, there will be a responsible person on the premises to act as manager at all times during which the adult business is open. i 12. That an applicant has not been convicted of a specified criminal act for which: a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering. b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering. C. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of January 201 IDRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 12 obscenity; distribution, display, or sale of material harmful to minors; • prostitution; pandering; or conviction of any such offense occurring within twenty-four (24) months prior to application. d. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. e. An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult business only when the required time period has elapsed. B. In the event the Commission, or the Council on appeal, denies an adult business use permit application, the business, if operating, shall cease its operations as an adult business use permit and no further activities regulated by this Code shall be conducted on the premises unless and until an adult business use permit and a required adult business license is obtained. 17.61.080 Appeals to the Council. If an adult business use permit is denied by the Commission, the applicant shall have fifteen (15) days from the date of the hearing in which to appeal the decision to the Council. An appeal shall be requested by a typed letter and required appeal fee to the City Clerk. If appealed, notice of the hearing before the Council shall be mailed (envelopes, stamps, mailing labels of all property owners within a one thousand (1,000) foot radius of the subject property shall be supplied by the applicant) and published in the City's official newspaper and the hearing shall be held at the • earliest possible date authorized by law, but in no event later than sixty (60) days from the date of the Commission's action to deny the application. The Council shall act on the appeal during the Council public hearing. If the Council does not act on the appeal within the sixty (60) days, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of the Code and all other applicable laws and City ordinances or regulations. r1 17.61.090 Performance/Development Standards. The establishment of an adult business shall comply with the applicable site development standards of the Code including the following: A. The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. B. A manager shall be on -duty at all times during operating hours. C. No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering. D. If the adult business is the sole use on the lot no landscaping shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 13 E. The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the Director during all hours of operation to allow all areas to be visible at • all times. In addition all exterior lighting shall remain on for at least thirty (30) minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris and weeds. F. No advertising sign, billboard, or structure, advertisement, display, or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices, or paraphernalia designed for use in connection with specified sexual activities, shall be shown or exhibited so as to be visible from any exterior area. G. No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted. H. All areas of the adult business shall be illuminated at a minimum of the following footcandles, normally maintained and evenly distributed at ground level: Area Footcandles Adult bookstores 20 Adult theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 footcandles) Adult arcades 10 Adult motels/hotels 20 (in public areas) Modeling studios 20 Other adult businesses 20 1. The adult business use permit and adult business license required by this chapter shall be posted at the front interior entrance and shall be kept valid/current at all times. J. The proposed site is adequate in size and shape to accommodate the required yards, fences, walls, parking and loading facilities, landscaping and other development features prescribed within the Code. K. No partitions between subdivisions of a room, portion or part of a building, structure or premises, including restrooms, may have an aperture, hole, slit or other opening or gap which is designed or otherwise constructed to encourage, permit or allow sexual activity between persons on either side of the partition. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 14 CI L. The maximum occupancy load, fire exits, fire lanes and fire suppression equipment shall • be regulated, designed and provided in accordance with the regulations and standards of the Los Angeles County Fire Department and the City's Building and Safety Division. M. Any adult business in which live entertainment is performed shall have such performances only conducted on a stage or on a platform that is raised eighteen (18) inches and which has a rail which does not allow patrons to be any closer to the performers than six (6) feet. Said rail shall be at least forty-two (42) inches in height above the stage or platform and shall be installed around the perimeter of the stage or platform. N. Any viewing room shall be directly visible from the manager's station of the adult business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall or other structure. O. No adult business, excepting an adult motel, shall operate between the hours of eleven p.m. and ten a.m. No owner, operator, manager, employee or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Code, shall allow such business to remain open for business, or no owner, operator, manager or employee of an adult business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of eleven p.m. and ten a.m. P. Off-street parking shall be provided for the adult business on-site and as specified in the Code and as follows: Is 1. Adult Theater, Adult Cabaret, Adult Motion Theater or Adult Arcade. One parking space shall be provided for every two (2) seats in a viewing room, or one parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the City's Building Official and/or Fire Department, whichever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shift. • Q. Any person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a private viewing area or individual viewing area of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: Upon application for an adult business use permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two (32) feet of floor area. 2. No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the Director. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 15 3. It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside • the premises. 4. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction and/or monitoring equipment. If the premises has two (2) or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this section shall be by direct line of sight from the manager's station. 5. It shall be the duty of the permit holder and any employees or independent contractors present on the premises to ensure that the view area specified in subsection (Q)(4) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter. R. For adult businesses which exceed an occupant load of one hundred twenty-five (125) persons or five thousand (5,000) square feet, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the Approving Authority and designated head of the law enforcement entity providing law enforcement services to the City. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the City. S. Adult Motion Picture Theater/Adult Arcade. I. A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas. 2. No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths shall be maintained. 3. Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located. T. Adult Hotel/Motel. January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 16 • I . Evidence that a sleeping room in a hotel, motel, or a similar commercial • establishment has been rented or subrented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four (24) hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this chapter. 2. A person is in violation of the provision of this Code if such person rents or subrents a sleeping room at a location without an adult business license and an adult business use permit to a person or persons and within ten (10) hours thereafter rents or subrents the same room to another person(s), or subrents the same room to the prior renter. U. No loud speaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted into any public area. All adult businesses shall be subject to providing sufficient sound -absorbing insulation if required by the Approving Authority. V. No person shall display in any public newsrack, vending machine, or other display device any material which is defined by California Penal Code 313 as harmful to minors, including but not limited to material displaying to the public view photographs or pictorial representations of the commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is: • 1. Displayed in an area from which minors are excluded; or 2. Distributed from a machine only accessible through tokens that may be obtained after reasonable measures to ascertain that the person is eighteen (18) years or older. W. No person shall operate more than one adult business under a single roof. X. I.D. will be checked for appropriate age (eighteen (18) years or older) before any customer is allowed in the adult business. 17.61.100 Couch Dancing/Straddle Dancing and Other Sexual and Related Activities are Prohibited. For purposes of this chapter, "couch dancing" or "straddle dancing" shall be defined as an employee or independent contractor of the adult business intentionally touching any patron or coming within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity. A. No person shall operate or cause to be operated an adult business, regardless of whether or not a permit has been issued under this Code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor: 1. To engage in a couch dance or straddle dance with a patron at the business; January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 17 2. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business; 3. To intentionally touch any patron at an adult business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity; 4. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity; 5. To violate any provision of this chapter. B. No employee or independent contractor of an adult business, regardless of whether or not a permit has been issued for said business under this chapter of the Code, shall: 1. Engage in a couch dance or straddle dance with a patron at the business. 2. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business. 3. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult business. 4. Engage in the display or exposure of any specified anatomical area or engage in or • simulate a specified sexual activity closer than six (6) feet from any patron. 5. Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of eleven p.m. and ten a.m. 6. Violate any provision of this chapter. C. No person at any adult business, regardless of whether or not said business is permitted under this Code, shall intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity at the adult business. D. No person at any adult business, regardless of whether or not said business is permitted under this Code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity. E. No waiter(s) or waitress(es) at an adult business, regardless of whether or not a permit has been issued for said business under this section, shall appear on the premises in the nude, semi-nude or display or expose specified anatomical areas. 17.61.110 Inspection. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 18 An applicant or permittee shall permit representatives of the City , the Los Angeles County Health • Department and the Fire Department to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. 17.61.120 Suspension of Permit. A. The Director shall suspend a permit for a period not to exceed thirty (30) days if they determine that a permittee, or an employee of a permittee, has: 1. Violated or is not in compliance with any section of this Code; or 2. Engaged in the excessive use of alcoholic beverages while on the adult business premises; or 3. Refused to allow an inspection of an adult business premises as authorized by this Code; or 4. Operated the adult business in violation of a building, fire health, or zoning statute, Code ordinance or regulation, whether federal, State or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, Code, ordinance or regulation violation, the City shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the permit and shall notify • the permittee of the suspension; or 5. Operated the adult business in violation of the hours of operation as permitted by this chapter; or 6. Allowed minors (under eighteen (18) years old) to enter the adult business. B. The suspension shall remain in effect until the violation of the statute, Code, ordinance or regulation in question has been corrected. 17.61.130 Revocation of Permit. A. The Director shall revoke a permit if a cause of suspension in this Code occurs two (2) or more times within a twelve (12) month period. B. The Director shall revoke a permit upon determining that: 1. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or 2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or • 3. A permittee or an employee has knowingly allowed prostitution on the premises; or January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 19 4. A permittee or an employee knowingly operated the adult business during a period • of time when the permittee's permit was suspended; or 5. A permittee has been convicted of a specified criminal act for which the time period required in this chapter has not elapsed; or 6. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or 7. A permittee is convicted of tax violations related to an adult business; or 8. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or 9. Operating more than one adult business under a single roof, or 10. A permittee does not comply with any applicable requirements of this Code; or 11. Knowingly permitted gambling by any person on the adult business premises. C. When the Director revokes a permit, the revocation shall continue for one year and the • permittee shall not be issued an adult business use permit for one year from the date revocation became effective. If, subsequent to revocation, the Director finds that the basis for revocation under this Code has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this Code, an applicant may not be granted another permit until the number of years required under this Code has elapsed. 17.61.140 Annual Compliance Letter. The permittee shall submit an annual compliance letter (stating that adult business is in compliance with all applicable codes) to the Planning Division no less than thirty (30) days prior to the original approval date. A. If the permittee does not submit an annual compliance letter before the required thirty (30) days, the adult business shall cease occupancy until the compliance letter is submitted to the Planning Division. B. The Director shall respond to the annual compliance letter within ten (10) days of receiving the letter. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 20 • Chapter 17.62 Animal Keeping is SECTIONS: 17.62.010 Purpose. 17.62.020 Keeping of Large Animals. 17.62.030 Keeping of Small Animals. 17.62.040 Keeping of Wild Animals. LJ 17.62.010 Purpose. It is the purpose of this chapter to establish regulations for the keeping large animals, small. animals, and wild animals, which have characteristics and performance requirements that are not covered by the property development requirements of the zones. These standards are in addition to the property development standards of this Code. 17.62.020 Keeping of Large Animals. A. Applicability. The keeping of large animals, such as horses, cows, pigs, and similar animals as described in Chapter 8.08 of the Municipal Code, is permitted as follows (except as provided in Sections 17.39.020 (Placenta Canyon Special Standards District) and 17.39.030 (Sand Canyon Special Standards District) of this Code). Unless indicated by a ratio, the number of animals permitted shall be a maximum number for each category of animals as shown below. Minimum Lot Square Footage Pigs Other Large Animals 15,000-20,000 0 3 20,001-25,000 0 4 25,001-30,000 0 5 30,001-35,000 0 6 35,001-1 acre 0 7 Greater than 1 acre 1 per acre 8 per acre 1. Pigs are permitted as follows: a. They shall be located not less than one hundred fifty (150) feet from any highway and not less than fifty (50) feet from the side or rear lot lines of any lot or parcel of land. b. They shall not be fed any market refuse or anything other than table refuse from meals consumed on the same lot or parcel of land, or grain. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 21 2. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned. 3. Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the permitted and one additional animal of the type used for such purposes. A temporary use permit shall be required for any additional animals or for the inability to meet minimum development standards. B. A minor use permit is required for the keeping of large animals in excess of the numbers permitted by this section. C. Standards Enclosure. All animals shall be properly caged or housed, and must be kept in their corrals, barns, pens or other enclosures. All such structures shall be fenced or otherwise enclosed to adequately confine the animals. In addition, all such structures or other enclosures shall be classified as an accessory structure and are subject to the development standards of the underlying zone in which it is located. Maintenance. All buildings used in conjunction with the keeping of large animals including animal enclosures and all other animal keeping areas, shall be maintained free from litter, garbage and the accumulation of animal excrement. All excrement produced by said large animals shall be disposed of on a regular basis so as to control flies and odor. In addition to Los Angeles County Health Department requirements, all buildings or structures, including, but not limited to, barns, corrals, training arenas, etc., used in • conjunction with the keeping of large animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation. Failure to meet the requirements of this section shall result in the City initiating enforcement proceedings in compliance with Title 23 of the Municipal Code. 17.62.030 Keeping of Small Animals. A. Applicability. The keeping of small animals, such as sheep, goats, dogs, rabbits, birds and similar animals as defined in Chapter 8.08 of the Municipal Code, is permitted as follows. Unless otherwise stated, the number of animals permitted shall be a maximum number for each category as shown below: Minimum Lot Square Birds (Excluding Dos g ' Other Small Cats Footage Poultry) and Rodents AnimaIS2 Up to 15,000 3 3 6 1 15,000-20,000 9 3 6 3 20,001-25,000 12 3 6 4 January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 22 • i 25,001-30,000 15 3 6 5 30,001-35,000 18 3 6 6 35,001-1 acre 21 3 6 7 Greater than I acre 24 per acre 4 10 8 per acre All dogs and cats shall be kept in compliance with the requirements of Title 8 of the Municipal Code. 2 Goats, sheep, miniature horses, potbellied pigs, poultry (excluding roosters) and other similar animals. Roosters shall be permitted on lots or parcels of land greater than one acre in area, at a ratio of one rooster per acre. 1. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (dogs—four (4) months). 2. Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the above permitted and one additional small animal. A temporary use permit shall be required for any additional animals or for the inability to meet minimum development standards. 3. Sale of eggs, honey or similar products shall be permitted on lots or parcels of land where the keeping of such animals is permitted. B. A minor use permit is required for the keeping of small animals in excess of the numbers permitted by this section. C. Standards. Enclosure. All animals shall be properly caged or housed, and must be kept in their corrals, barns, pens or other enclosures. All such structures shall be fenced or otherwise enclosed to adequately confine the animals. In addition, all such structures or other enclosures shall be classified as an accessory structure and are subject to the development standards of the underlying zone in which it is located. Maintenance. All buildings used in conjunction with the keeping of small animals including animal enclosures and all other animal keeping areas, shall be maintained free from litter, garbage and the accumulation of animal excrement. All excrement produced by said small animals shall be disposed of on a regular basis so as to control flies and odor, In addition to Los Angeles County Health Department requirements, all buildings or structures, including, but not limited to, barns, corrals, training arenas, etc., used in conjunction with the keeping of small animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation. All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 23 Failure to meet the requirements of this section shall result in the City initiating enforcement proceedings in compliance with Title 23 of the Municipal Code. • 17.62.040 Keeping of Wild Animals. A. Applicability. The keeping of the following wild animals, as defined in Chapter 8.08 of the Municipal Code, is permitted in accordance with this section: 1. Antelopes, Armadillos, Badgers, Beavers, Camels, Deer, Foxes, Giraffes, Kangaroos, Koalas, Minks, Ostriches, Otters, Peacocks, Porcupines, Prairie Dogs, Raccoons, Seals, Wallabies, Zebras 2. Other similar animals or wild animal hybrids which, in the opinion of the Director, are neither more obnoxious nor detrimental to the public welfare than the animals listed above. Animals prohibited by the State of California shall not be allowed to be kept within the City (California Code of Regulations, Title 14, Section 671). 3. The number of animals permitted to be kept shall be determined by the Director based on the minimum square footage requirements for similar permitted animals. B. Standards. 1. All structures used in conjunction with the keeping of wild animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation. 2. All excrement produced by said wild animals shall be disposed of on a regular basis so as to control flies and odor. January 2013 1 DRAFT • Division 17.60 — Specific Development Standards (17.61-17.69) Page 24 Chapter 17.63 Automotive Uses 0 SECTIONS 17.63.010 Purpose. 17.63.020 Car Washes. 17.63.030 Fuel Sales. 17.63.040 Tire Stores. 17.63.050 Vehicle Repair Garages. 17.63.010 Purpose. It is the purpose of this chapter to establish regulations for certain automotive uses within the City which have characteristics and performance requirements which are not covered by the property development requirements of the zones. These standards are in addition to the property development standards of this Code. 17.63.020 Car Washes. All manual, automated self-service, and full- service car washes shall conform to the following requirements: A. The wash rack and any other enclosed work space shall be constructed and arranged so that entrances, exits and openings therein shall not face any property in a residential zone, shall be adequately screened and noise buffered from the residential zone(s), and shall be • screened from view from the public right-of-way, to the satisfaction of the Director. B. There shall be no more than one driveway to any one street for each development site unless modified by the Director. C. Except for manual car washes, a queue waiting area for incoming cars of not less than two thousand (2,000) square feet shall be provided. An area beyond the exit end of the washing equipment of not less than three thousand (3,000) square feet shall be provided for the hand finishing of the washing process. D. Automated self-service car washes shall have queuing/stacking space before the entrance or keypad of at least 60 feet in order to accommodate a minimum of three cars. These requirements may be modified subject to the approval and satisfaction of the Director. E. Servicing of motor vehicles, other than cleaning, polishing and the dispensing of fuel and oil shall not be allowed unless the facility also meets all requirements for a vehicle repair garage. F. Wash and rinse water shall be fully reclaimed and recirculated at full service car washes. Additional non -reclaimed water required to account for losses due to evaporation, or ancillary/unavoidable water loss, is permitted. The reclamation and recirculation system shall be designed by a professional engineer registered in the State of California to practice in the field of mechanical engineering. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 25 G. Water from washing activities shall not flow over any public sidewalk and shall be retained on site. H. Self-service automated car washes shall be permitted as accessory uses to automobile service stations and shall be located no closer than fifty (50) feet from a residential zone unless modified by the Director. I. Public restrooms shall be provided. 17.63.030 Fuel Sales. All facilities that sell gas, fuel, and/or that combine such sales with self-service automated car washes in a single location, shall conform to the following requirements: A. Buildings shall be located close to the street and, to the extent possible, shall shield pump islands and uses on the site. Where buildings cannot shield pump islands or self-service automated car washes, landscaping and earthen berms shall be used to create a visual buffer between the fueling station and the public right-of-way, as well as adjacent properties and uses. B. Sale of merchandise, clearly incidental to the automotive industry shall be permitted only within an enclosed building. C. Parking area shall not be permitted to block ingress to or egress from pump islands. D. There shall be no more than one driveway to any one street for each development site, unless modified by the Director. E. The outer radius of any turning area to all pump islands shall be a minimum of twenty-five (25) feet. F. Public restrooms shall be provided. G. Propane tanks are allowed as an accessory use to a fuel sales facility. The tanks shall be screened or landscaped, and set back from any right-of-way in a location that is satisfactory to the Director. Propane tanks shall be painted to match the primary building(s) on site or integrated into the surrounding landscaping. Corporate signs or color branding shall not be permitted on the tank(s). H. State -mandated vapor recovery equipment shall be screened from public view, landscaped, and set back from the public right-of-way, subject to the approval of the Director. The equipment shall be painted to match the primary building(s) on site or to match surrounding landscaping. Corporate signs or color branding shall not be permitted on the vapor recovery equipment. I. All light generated by canopy lights, parking lot lights, or other sources on site, shall be focused downward to reduce glare and shall be shielded so as to prevent spillover onto adjacent properties. January 2013 1 DRAFT • Division 17.60 —Specific Development Standards (17.61-17.69) Page 26 J. Drive-through lanes shall comply with the development standards and regulations set forth • both in the Community Character and Design Guidelines as well as Section 17.66.030 (Drive-through Uses) of the Code. K. Each new gas station/fueling facility shall be designed to accommodate fuel delivery trucks onsite. In no circumstance shall fuel delivery trucks block required driveways, drive aisles, or the public right-of-way in the course of routine fuel delivery. 17.63.040 Tire Stores. All tire stores shall conform to the following requirements: A. All repair activities must be conducted within an enclosed building. All goods and equipment shall be stored, and activities maintained or carried on inside a building. There shall be no hoists or wheel alignment racks outside. B. Used tires not for sale to the general public shall be stored inside the building or shall be stored outside within a six (6) foot high masonry wall enclosure. No tires or other material shall be stacked higher than the enclosure. The enclosure shall be located in the rear portion of the property. 17.63.050 Vehicle Repair Garages. All vehicle repair garages shall conform to the following requirements: A. All activities shall be conducted within an enclosed building. All goods and equipment • shall be stored inside a building. No hoists, wheel alignment racks, or other equipment shall be located outside of a building. B. Work stations used for the repair of vehicles may not be counted toward meeting the off- street parking requirement. C. All hazardous waste must be stored within an enclosed building or underground tank. D. Service bays shall not open toward residentially zoned property or the public right-of-way unless adequately screened to the satisfaction of the Director. E. Each lube station is required to provide a minimum three (3) car stacking area. This stacking area shall be screened from the public right-of-way to the satisfaction of the Director. • January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 27 Chapter 17.64 Historic Preservation SECTIONS: 17.64.010 Purpose. 17.64.020 Self -Designation of Historic Resources (Opt -in Clause). 17.64.030 Commission Resolution Findings for Designating a Historic Resource. 17.64.040 Permit Requirements for the Renovation or Alteration of a Historic Resource. 17.64.050 Actions by the Director for the Renovation or Alteration of a Historic Resource. 17.64.060 Findings by the Director for the Renovation or Alteration of a Historic Resource. 17.64.070 Exceptions to Permit Requirements for the Renovation or Alteration of a HistoricResource. 17.64.080 Permit Requirements for the Relocation or Demolition of a Historic Resource. 17.64.090 Actions by the Council for the Relocation or Demolition of a Historic Resource. 17.64.100 Findings by the Council for the Relocation or Demolition of a Historic Resource. 17.64.1 10 Penalty for Demolition or Irreversible Alteration. 17.64.120 Expiration and Extension. 17.64.130 Final Action. 17.64.140 State and County Owned Property. 17.64.150 Incentives. 17.64.010 Purpose. • The purpose of this chapter is to promote the economic and general welfare of the City of Santa Clarita by preserving and protecting public and private historic, cultural, and natural resources which are of special historic or aesthetic character or interest, or relocating such resources where necessary for their preservation and for their use, education, and view by the general public. 17.64.020 Self -Designation of Historic Resources (Opt -in Clause). The nomination of a historic resource shall be initiated by the owner of the property or structure that is proposed for designation. The owner of the property or structure shall provide the Director with written notice of the intent to be nominated. The Director shall schedule a public hearing before the Commission within sixty days of the receipt of the letter as described in Section 17.06.110 (Type 11 Public Noticing (Public Hearing)) and 17.06. 10 (Public Hearing Procedure) at which the Commission shall be asked to make the findings set forth in Section 17.64.030 (Commission Resolution Findings for Designating a Historic Resource). Once a property or structure has received a designation, the owner of the property or structure may apply for removal of the designation and the City may remove the designation subject to the Commission making the following findings by resolution: A. There is sufficient evidence, including evidence provided by the applicant, that the property retains no reasonable economic use, taking into account the condition of the January 2013 1 DRAFT • Division 17.60—Specific Development Standards (17.61-17.69) Page 28 structure, its location, the current market value, and the costs of rehabilitation to meet the • requirements of the building code or other City, State, or Federal law. The Commission shall designate a date up to one year from the public hearing date as the date on which the designation shall be removed. The owner of the property shall reimburse the City for any financial incentives received during the entirety of the period in which their property was designated as a Historic Resource prior to the removal of the designation. 17.64.030 Commission Resolution Findings for Designating a Historic Resource. A building, structure, or object may be designated by the Commission as a historic resource if it possesses sufficient character -defining features and integrity, and meets at least one of the following criteria: A. Is associated with events that have made a significant contribution to the historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development of the City, State or Nation; or B. Is associated with persons significant in the history of the City, State or Nation; or C. Embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or • D. Has a unique location, singular physical characteristic(s), or is a landscape, view or vista representing an established and familiar visual feature of a neighborhood, community, or the City; or E. Has yielded, or has the potential to yield, information important to the history or prehistory of the City, State, or nation. 17.64.040 Permit Requirements for the Renovation or Alteration of a Historic Resource. The requirements of this chapter shall apply to the renovation or alteration of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any proposed renovation or alteration of a historic resource with the exception of those items listed in Section 17.64.070 (Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource). The application, public hearing and approval process for the minor use permit shall be as described in Sections 17.06.110 (Type I Public Noticing) or 17.06.110 (Type II Public Noticing (Public Hearing)), whichever is applicable per Section 17.64.050 (Actions by the Director for the Renovation or Alteration of a Historic Resource), and in Section 17.24.120 (Minor Use Permit); provided further, however, that the Council shall receive a copy of any application for such renovation or alteration at the time such application is deemed complete. There shall be no entitlement fee for the review of any proposed renovation and alteration to historic resources. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 29 17.64.050 Actions by the Director for the Renovation or Alteration of a Historic Resource. The Director has the discretion to approve, approve with modifications and/or conditions, refer the matter to the Commission or deny the minor use permit for renovation or alteration to a historic resource. Notwithstanding the foregoing, the minor use permit shall instead be acted upon by the Council if any member of the Council so requests prior to any action being taken on the minor use permit application by the Director or Commission. 17.64.060 Findings by the Director for the Renovation or Alteration of a Historic Resource. The Director may approve a minor use permit, pursuant to this chapter, if it is determined that the following findings can be made with regard to the proposed project: A. Findings for Renovation or Alteration of a Historic Resource: The proposed renovation or alteration will not adversely affect any significant historical, cultural, architectural, or aesthetic feature of the subject property or of the history of the neighborhood in which it is located; 2. The proposed change is consistent with the architectural style of the building; 3. The scale, massing, proportions, materials, colors, textures, fenestration, decorative features and details proposed are consistent with the period and/or compatible with adjacent structures. 17.64.070 Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource. The Director may exempt a designated property from obtaining a minor use permit if the following actions will not affect the historic integrity of the historic resource: A. Routine maintenance and minor repairs; B. Exterior painting; C. Replacing deteriorated roofing materials with the same type of material already in use; D. Replacing damaged chimneys with the same type already in use; E. Addition or removal of screens, awnings, canopies and similar incidental appurtenances; F. Addition or removal of exterior walls and fences; G. Addition or removal of exterior lighting; • January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 30 ® H. Addition or removal of landscaping; I. Addition or removal of driveways and walkways; J. Interior alterations, including the addition or removal of fixed or movable cases, shelving and partitions not exceeding eight feet in height; carpeting, hardwood or tile flooring, counters of countertops and similar finish work; K. Temporary motion picture, television and theatre stage sets and scenery; L. Relocation of a privately owned, historically designated structure from a property owned by the State of California or the County of Los Angeles to another site within the City of Santa Clarita. 17.64.080 Permit Requirements for the Relocation or Demolition of a Historic Resource. The requirements of this chapter shall apply to the relocation or demolition of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any relocation or demolition of a historic resource within the City of Santa Clarita. The application, fees, public hearing and approval process for the minor use permit shall be as described in Sections 17.06.110 (Type II Public Noticing (Public Hearing)) and 17.24.120 (Minor Use Permit) with the exception that approval of the minor use permit shall be subject to both a public hearing • before the Commission at which the Commission will recommend for or against the application, and a public hearing before the Council at which the Council will grant or deny the application. There shall be no entitlement fee for the relocation of any historic resource. • 17.64.090 Actions by the Council for the Relocation or Demolition of a Historic Resource. The Council of the City of Santa Clarita has the discretion to approve, approve with modifications and/or conditions, or deny the minor use permit for relocation or demolition of a historic resource. 17.64.100 Findings by the Council for the Relocation or Demolition of a Historic Resource. A property or structure that has been designated a historic resource shall be relocated with the approval of the Council, after a recommendation from the Commission, based on the Council making one or more of the following findings: A. That the owner of the property wishes to develop or redevelop their property in such a way that would otherwise require the demolition of the designated historic structure and that the designated structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 31 B. That the relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the General Plan, and the relocation of the structure will not have a significant effect on the achievement of the purposes of this Code or the potential effect is outweighed by the benefits of the new project and that the structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation. Upon making either finding, the Council shall direct the property owner to relocate the designated historic structure to a site within the City of Santa Clarita and approved by the Council. Such relocation may include the assistance of the developer, the City of Santa Clarita, the Santa Clarita Valley Historical Society, or other entity as appropriate. Alternatively, upon completion of appropriate environmental review, if any, and upon making the determination that relocation is infeasible and there are no feasible alternatives to demolition, the Council may direct the Building Official to issue the permit for demolition. 17.64.110 Penalty for Demolition or Irreversible Alteration. If a historic resource is demolished without a minor use permit as required by this chapter, no building or construction -related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period not to exceed five (5) years. 17.64.120 Expiration and Extension. The expiration period and the extension process of a minor use permit will apply as described in • Section 17.06.230 (Time Limits and Extensions). 17.64.130 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 Sections 17.06.150 (Decision after Administrative Hearing or Public Hearing) and 17.06.170 (Effective Date of Decision). 17.64.140 State and County Owned Property. The Ordinance shall not apply to properties owned by the County of Los Angeles or the State of California. The owners of specific structures on properties owned by the County of Los Angeles or the State of California may nominate their structures, or otherwise have their structures nominated as historic resources. Any resulting designation will apply only to the structure, building or object and not the underlying property. 17.64.150 Incentives. In addition to any other incentive of Federal or State law, the owner of a historic resource may apply for the following incentives, subject to the discretion of the Director: January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 32 A. Use of the California Historic Building Code. Whenever applicable, the Owner may elect • to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a historic resource, in any case which the building official determines that such use of the Code does not endanger the public health or safety, and such action is necessary for the continued preservation of the resource. Such use of the Historic Building Code is subject to construction work undertaken for resources pursuant to the Secretary of the Interior's Standards for the Treatment of Historic Properties, and that has already been reviewed and approved by the Director or Commission in conjunction with a minor use permit. B. Mills Act Tax Relief. The Mills Act can provide relief to the property taxes associated with properties designated as historic resources. This paragraph will implement State law (Government Code 50280-50290), allowing the approval of Historic Property Contracts by establishing a uniform procedure for the owners of qualified historic properties within the City to enter into contracts with the City. C. Waiver of Fees for Renovation and Alteration of Historic Resources. There shall be no entitlement fee for the renovation or alteration of historic resources. D. Technical Assistance. The Community Development Department shall provide technical assistance to the owner of a historic resource regarding any proposed improvements that are not exempt under Section 17.64.070 (Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource); and/or • E. Streamlined Permitting. The Community Development Department shall provide the owner of a historic resource with priority entitlement review for proposed improvements that are not exempt under Section 17.64.070 (Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource). E F. City of Santa Clarita Historic Structure Grant: When funds are available, owners of structures with a historic designation under this Ordinance may apply to receive grant assistance from the City. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 33 Chapter 17.65 Home Occupations • SECTIONS: 17.65.010 Purpose. 17.65.020 Applicability. 17.65.030 Prohibited Uses. 17.65.040 Regulations. 17.65.010 Purpose. It is the purpose of this chapter to establish standards for businesses that are operated out of a home, which have characteristics and performance requirements that are not covered by the property development requirements of the zones. All home occupations shall be subject to approval of a home occupation permit and shall comply with the provisions of this chapter. 17.65.020 Applicability. The following is a list of uses subject to the approval of a home occupation permit within the City: A. Telecommuting. B. 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. C. Instruction in academia, music, voice, art, dance, or other similar activities with no more than one (1) pupil receiving instruction at any given time. D. Activities associated with the work of artists, sculptors, authors and composers. E. Activities associated with the work of dressmakers, seamstresses, and tailors. F. 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. I G. 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. H. Other uses as determined by the Director. 17.65.030 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 (not including home-based cottage food • January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 34 operations), firearm and ammunition sales and services, on-site massage therapists, hairdressers, . retail sales, vehicle storage, vehicle sales. and vehicle repair, commercial kennels, commercial stables, breeding facilities and forensic testing. 17.65.040 Regulations. Subject to approval of a home occupation permit, all home occupation businesses shall conform to the following requirements: A. There shall be no exterior storage of materials in the conduct of a home occupation. B. A home occupation shall be conducted entirely within a dwelling. Materials and goods incidental to the home occupation shall not be stored, and no permanent work area, work bench or structure shall be built, within either required ten (10) foot by twenty (20) foot garage parking area. C. No exterior alterations of the dwellings shall be made which would change the residential character of the home to accommodate the home occupation. D. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. E. Only the residents of the dwelling unit may be engaged in the home occupation. F. There shall be no sale of goods on the premises. • G. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved. H. No signs shall be permitted for home-based businesses. I. The required residential off-street parking shall be maintained. J. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. K. No vehicles or trailers (including pick-up trucks and vans) or construction or other equipment, except those normally incidental to residential use, shall be kept on the site. L. Vehicle or engine repair shall not be permitted as a home occupation. M. Visitation and deliveries incidental to the home occupation shall be limited to the hours of seven a.m. to seven p.m. Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays. N. Businesses that incorporate food preparation, firearm sales and alcohol sales are not permitted in residential zones and are not permitted by home occupation permits. O. The home-based business shall cease, and the home occupation permit shall become null • and void, when the use becomes detrimental to the public health, safety and welfare, or January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 35 constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or regulation. • P. Additional conditions may be applied as deemed necessary by the Director. • January 2013 1 DRAFT • Division 17.60 — Specific Development Standards (17.61-17.69) Page 36 Chapter 17.66 Other Specific Development Requirements • SECTIONS: 17.66.010 Purpose. 17.66.020 Alcohol Sales. 17.66.025 Cottage Food Operations. 17.66.030 Drive -Through Uses. 17.66.040 Electrical and Cogeneration Facilities. 17.66.050 Gating of Access and Roadways. 17.66.060 Hazardous Waste Facilities. 17.66.070 Homeless Shelters. 17.66.080 Joint Living and Working Quarters. 17.66.090 Kennels. 17.66.100 Long -Term Vendors. 17.66.110 Self -Storage Facilities. 17.66.120 Small Wind Energy Systems. 17.66.130 Solar Panels. 17.66.010 Purpose. The purpose of this chapter is to detail specific development requirements for certain uses within the City which have characteristics and performance requirements which are not covered by the Is property development requirements of the zones. These standards are in addition to the property development requirements of this Code. 17.66.020 Alcohol Sales. A. Applicability. All new alcohol sales uses which offer for sale alcoholic beverages for on-site or off-site consumption shall be required to obtain a minor use permit or conditional use permit in accordance with Chapter 17.43 (Commercial Use Types) of this code, unless otherwise stated in this section, and shall comply with the provisions of subsection (B) of this section. The provisions of alcohol sales uses shall be applied to the following: a. Alcoholic Drinking Establishments; b. Alcohol Production/Storage (on-site consumption); C. Banquet Facilities; d. Bars; e. Liquor Stores; f Nightclubs; and • January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 37 g. Supermarket/Grocery Store (on-site consumption). 2. The following alcohol sales uses are not subject to a minor use permit or • conditional use permit, however, shall comply with the provisions of subsection (B) of this section: a. Alcohol Production Storage (no on-site consumption); b. Convenience Store; C. Discount Store; d. Drug Store; C. Restaurants; f Supermarket/Grocery Store (no on-site consumption); and g. Supermarket/Grocery Store and Discount Stores offering on-site tasting events of alcoholic beverages, pursuant to the requirements of the California Department of Alcoholic Beverage Control. B. Development Standards. The Director may impose conditions consistent with this Code and shall require conformance with the following: 1. The proposed use shall comply with all provisions of the requirements of the • California Department of Alcoholic Beverage Control; 2. The proposed use shall comply with all of the applicable Los Angeles County Health Department requirements; 3. For restaurants, coffee shops, delicatessens, snack bars and similar uses which propose to sell alcoholic beverages for on-site consumption, full -menu food service shall be available at all times that alcoholic beverages are offered for sale; and 4. Other conditions as the City deems necessary for the safe, quiet, compatible, and nuisance -free operation of the use or establishment in relation to sensitive land uses, including but not limited to, any church, hospital, school, public playground, youth facility or residence. Other conditions may include, but are not limited to, hours of operation, noise reduction, location of outdoor seating, prohibition of customer loitering, and any additional requirements of the Sheriff's Department. 17.66.025 Cottage Food Operations. All cottage food operations shall be required to obtain approval of an administrative permit and shall conform to the following requirements: A. All cottage food operations shall comply with the requirements of the Los Angeles County Department of Public Health and the California Department of Public Health. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 38 • B. Permitted food products that can be produced at the dwelling unit as part of the cottage • food operation shall be limited to those cottage food products listed by the California Department of Public Health. C. Only cottage food products produced at the cottage food operation may be sold at the dwelling unit involved. D. Any and all equipment, utensils, food, drinks, ingredients, and items used for the cottage food operation shall be stored and used within the dwelling unit involved. No cottage food functions including storage, preparation, mixing, assembling, packaging, and/or labeling may occur in any location outside the registered/permitted area. Examples of areas that may not be used include but are not limited to yards, accessory structures of any kind, vehicles, or any other location that is not inside the living space of the home or otherwise permitted for use or storage by the Los Angeles County Department of Public Health or the California Department of Public Health. E. Residents of the dwelling unit and a maximum of one (1) full-time equivalent cottage food employee, not including a family or household member, may be permitted in a cottage food operation. F. The establishment of the cottage food operation shall not change the principal character or use of the dwelling unit involved. • G. No exterior alterations of the dwelling unit involved shall be made which would change the residential character of the home to accommodate the cottage food operation. • H. No signs shall be permitted for cottage food operations, except those required by government agencies. I. No vehicles, trailers (including pick-up trucks and vans) or other equipment, except those normally incidental to the residential use, shall be kept on the site. J. Visitation and deliveries incidental to the cottage food operation shall be limited to the hours of seven a.m. to seven p.m., Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays. K. The cottage food operation shall comply with all applicable inspection requirements. L. The cottage food operation shall cease, and the permit for the cottage food operation shall become null and void, when the use becomes detrimental to the public health, safety and welfare, or constitutes a nuisance, or when the use is in violation of any statute, law, or regulation. M. Additional conditions may be applied as deemed necessary by the Director. January 2013 1 DRAFT Division 17.60—Specific Development Standards (17.61-17.69) Page 39 17.66.030 Drive -Through Uses. Drive-through facilities shall adhere to the following requirements: A. Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking space. B. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated. C. The principal pedestrian access to the entrance of the drive-through facility shall not cross the drive-through lane. D. The vehicle stacking capacity for uses containing drive-through facilities shall be as follows: Use Stacking Requirements Restaurant Drive -Through (with or Stacking for four (4) cars between the order board without seating) and the pick-up window and stacking for six (6) cars behind the order board. In no event shall a total queuing length of less than two hundred (200) feet be maintained. Bank Drive -Through Stacking for five (5) cars for each window or automated teller machine. Drug Store Drive -Through Stacking for three (3) cars for each window. Auto uses, such as oil change Stacking for three (3) cars free and clear of the drive facilities and similar uses aisles and parking areas. 17.66.040 Electrical and Cogeneration Facilities. A. Purpose. It is the purpose and intent of this section to regulate any electrical or cogeneration facilities in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to properly review the installation of new facilities or alteration of existing facilities. In addition, the intent is to regulate the appearance of such facilities to minimize any negative impacts to the community and neighboring properties. B. Development Standards. The Commission shall not approve an application for a conditional use permit for electric distribution substations, electric transmission substations, electric generating facilities or steam and electric cogeneration facilities unless the information submitted by the applicant and/or presented at the public hearing on the application complies with the following: 1. The use shall utilize the best available control technology to reduce air pollution; January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 40 CJ • • 2. The use shall not produce any emissions which exceed the standards established by • the South Coast Air Quality Management District or has provided equivalent offsets in the Santa Clarita Valley; 3. The use shall not operate during periods of "unhealthy" air quality in the Santa Clarita Valley, as defined by the South Coast Air Quality Management District; 4. Noise levels from the use shall not exceed the ambient noise levels at the boundary of the proposed site; 5. Water vapor emissions from the use shall be reduced by utilization of the best available control technology and will not significantly increase humidity at the proposed site; 6. The use shall not emit odors which can be detected at the boundary of the proposed site; 7. The use shall be reasonably protected from geologic hazards; 8. The use shall not contribute to the degradation of the underlying aquifers or surface runoff; 9. Lighting proposed for the use shall not have an adverse impact on adjacent properties; 10. The use shall be adequately screened from surrounding properties. Any property • containing a electrical or cogeneration facility shall have any associated equipment screened from view with the installation of decorative screening walls, landscaping and/or other methods as determined by the Director; and 11. The use shall not utilize or produce hazardous materials that are not adequately protected against accidental spillage, discharge or release at or from the proposed site. i� 17.66.050 Gating of Access and Roadways. All proposed permanent gates in residential areas shall be subject to the following requirements. Temporary barriers erected for emergency response, repair or special event purposes are not subject to these requirements. Driveways, public or private roadways, or other accesses are considered roadways for the purpose of these gating requirements. Gating requirements for the Sand Canyon Special Standards District is provided in Section 17.39.030 (Sand Canyon Special Standards District) of this Code. A. Public Roadways. Gating of public roadways is prohibited. B. Private Roadways Serving One Single -Family Residence. Gating for this use is permitted subject to an administrative approval by the Director, subject to the residential development standards as defined in Chapter 17.57 (Property Development Standards — Residential). January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 41 C. Private Roadways Serving Two (2) to Five (5) Single -Family Residential Units or Fifteen (15) Multi family Units or Less. Gating for these uses is subject to a minor use permit and • the Residential and Commercial Gating Standards outlined within this section. D. Private Roadways Serving More Than Five (5) Single -Family Units or More Than Fifteen (15) Multifamily Units. Gating for these uses is subject to a conditional use permit and the Residential Gating Standards listed within this section. E. Commercial Property Gating. Commercial property gating may be approved, subject to approval of a minor use permit. All commercial gates shall meet the Residential and Commercial Gating Standards as outlined within this section. Where commercial property may be affected by a proposed gate subject to a minor use permit or a conditional use permit, the applicant(s) shall submit an economic analysis as part of the application submittal to address the economic impacts of the gate upon affected commercial properties. F. Residential and Commercial Gating Standards. Any gating proposed for two or more residential units, any multi -family units, mixed use developments, or commercial/industrial property must meet the following criteria: 1. The gate shall not block area -wide through routes or block access for roadways to serve future development. 2. All property owners within the area to be gated shall agree to be part of the application unless all property owners within the area to be gated are members of an operative homeowners' association (HOA) or property owners' association (POA), in which case the application shall be made by the HOA or POA. 3. Adequate stacking distance, turnaround areas, public safety elements and signing shall be included in the gate design. All gates shall meet Fire Department requirements and provide passage with unobstructed vertical clearance. 4. Access shall be provided at all times for law enforcement, fire, city inspection, public transit, utility, landscape maintenance district, and other health and safety- related vehicles. 5. An HOA, POA, and/or other appropriate entity shall provide for ongoing, private maintenance of internal streets, gate equipment, walls and landscaping. 6. The gate design and implementation shall be such that it does not pose a threat to public health, safety or welfare. 7. Gating of any property shall be consistent with the General Plan. 8. In no instance shall a gate be less than twenty (20) feet from the public right-of- way for any major and secondary highway and residential collectors. 17.66.060 Hazardous Waste Facilities. January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 42 • A. Purpose. Hazardous waste facilities shall be subject to the provisions of this section to • assure adequate protection of public health and the environment without imposing undue restrictions on hazardous waste facility projects. These regulations are in addition to State and federal regulations; in the event that a conflict with these regulations exists, State and federal regulations shall prevail. • B. Regulations General Definitions. Unless otherwise provided, the words and phrases used in this section shall have the meanings set forth in Division 20, Chapter 6.5, Article 2 of the California Health and Safety Code (commencing with Section 25110) and Section 25199.1 of the California Health and Safety Code, and as such provisions are amended from time to time. a. Residuals Repository. "Residuals repository" is defined pursuant to the definition contained in the Los Angeles County Hazardous Waste Management Plan. 2. Procedures for Applications for Land Use Decisions. In addition to the procedures specified in this chapter, applications for hazardous waste facilities shall be processed in a manner consistent with the provisions of Division 20, Chapter 6.5, Article 8.7 of the California Health and Safety Code (commencing with Section 25199) and as such provisions may be amended from time to time. a. Criteria. All hazardous waste facility projects must meet the criteria listed herein unless the Council determines that one or more criteria should be relaxed to meet an overriding public need identified by the Council. b. Public Notice. Not later than one month prior to any public hearing scheduled either by the City or the Governor's Office of Permit Assistance, the applicant shall provide three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants and businesses within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant. 3. Contents of Application. Every application for a hazardous waste facility project shall be made in writing to the Director on the forms provided by the Director, and accompanied by a filing fee as established by the Council by resolution. 4. Standards and Criteria. a. Consistency with Siting Policies. All hazardous waste facility projects in the City of Santa Clarita shall be consistent with the goals and policies of the General Plan and the provisions of this section. b. Consistency with the General Plan. The proposed facility shall be consistent with all general plan requirements, zoning ordinances and other planning January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 43 actions or policies that were in place at the time the application was deemed complete. • C. Changes in Real Property Values. The applicant shall fund an independent study of the effects of the facility on real property values within the City. While the proponent shall fund the study, in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee. d. Direct Revenue to Local Jurisdictions. The Council may, at its discretion, explore, review and impose appropriate taxes, user fees and other revenue or compensation options. e. Changes in Employment. The applicant proponent shall fund an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee. f Excess Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that • generated within the City of Santa Clarita and not currently being managed by a facility located in Santa Clarita unless satisfactory compensation is made to the City or a joint powers agreement or intergovernmental agreement provides otherwise. g. Compatibility with County Hazardous Waste Management Plan. Any application shall clearly demonstrate compatibility with the portions of the County of Los Angeles Hazardous Waste Management Plan that identify siting criteria for hazardous waste facilities. h. Land Use Compatibility. The application shall demonstrate that the hazardous waste facility is highly compatible with land uses in the vicinity of the proposed facility. For a residual repository, the distance from the active portion of the facility to the nearest residence shall be a minimum of two thousand (2,000) feet. i. Compatibility of Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Preservation Association. In addition, hazardous materials accident response services at January 2013 1 DRAFT • Division 17.60 —Specific Development Standards (17.61-17.69) Page 44 • • • the facility may be required based on the type of wastes handled on the location of the facility. j. Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent release or migration of hazardous wastes in the event of inundation. k. Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum two hundred (200) foot setback from a known active earthquake fault. 1. Slope Stability. Residuals repositories are prohibited in areas of potential rapid geological change. All other facilities shall avoid locating in areas of potential rapid geological change such as fault areas, areas subject to liquefaction, subsidence and/or landslide areas unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes. M. Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area. n. Aqueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies. o. Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. Such discharge shall be pre-treated as necessary prior to discharge into the sanitary sewer system. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of treatment and surface discharge. p. Proximity to Water Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any immediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field unless an effective hydrogeologic barrier to vertical flow exists. q. Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated seasonal high elevation of underlying groundwater is ten (10) feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable January 2013 1 DRAFT Division 17.60—Specific Development Standards (17.61-17.69) Page 45 of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist. Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water. r. Proximity to Habitats of Threatened Endangered Species. Facilities are prohibited in habitats of threatened or endangered species unless the applicant can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened. S. Recreation, Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value. t. Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports. All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented. U. Distance from Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility. • V. Structures Fronting Truck and Transportation Routes. Facilities shall be located such that any truck or transportation route to and from State or interstate divided highways or rail lines contain a minimum number of nonindustrial structures and sensitive uses (homes, hospitals, schools, etc.). W. Closure and Post -Closure Plan. The applicant shall submit to the Director a written closure plan and post -closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Director. X. Financial Responsibility. Prior to issuance of a permit to begin the use identified in the land use decision, the applicant shall submit to the City Manager proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or State agency. Y. Indemnification. The applicant agrees to protect, defend, indemnify and render harmless the City of Santa Clarita and its Council, City Manager and all officers, employees and agents of the City against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the site. January 2013 1 DRAFT • Division 17.60 — Specific Development Standards (17.61-17.69) Page 46 Z. General Conditions. The City may impose, as necessary, conditions and vi. Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions and other requirements which the City of Santa Clarita is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted. vii. Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, regional, State or federal agencies to the Director. viii. Emergency Response Plan. An emergency response plan shall be prepared and updated annually, signed by all management personnel • January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 47 standards other than those presented in this subsection and in the General • Plan, in order to achieve the purposes of this chapter and to protect the health, safety, or general welfare of the community. aa. Mandatory Conditions. i. Safety and Security. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry of persons, livestock or wild animals onto any portion of the facility. ii. Surveillance. The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility. iii. Fencing. Perimeter fencing shall be constructed to the satisfaction of the Director. iv. Signage. If not inconsistent with the requirements of other laws, signs with the legend "DANGER — HAZARDOUS WASTE AREA — UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five (25) feet. •V. Reports. The owner or operator of a facility shall report quarterly to the City Engineer the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantifies and types of materials placed in repositories or otherwise stored or disposed of on-site. vi. Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions and other requirements which the City of Santa Clarita is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted. vii. Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, regional, State or federal agencies to the Director. viii. Emergency Response Plan. An emergency response plan shall be prepared and updated annually, signed by all management personnel • January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 47 and by each person at the facility who has emergency response responsibility, and distributed to all local emergency response • agencies, the City Engineer and the Director. The emergency response plan and the annual updates shall detail specific procedures to be undertaken in the event of an emergency. ix. Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the approved site must be approved by the City through an amendment to the Conditional Use Permit before such modifications occur at the facility. X. Contingency Operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency operation plan, including emergency heliport capability if necessary, approved by DHS shall be maintained at the facility. The facility owner or operator shall provide_a current copy of the contingency plan to the City Manager, Director, Sheriff, the Fire Chief, each hospital within twenty (20) miles and the Los Angeles County Department of Health. xi. Environmental Monitoring Report. Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director. xii. Release Response Costs. The facility owner/operator shall be • responsible for all costs incurred by the City of Santa Clarita and its officers, agents, employees or contractors, or other agencies responding in accordance with mutual aid agreements, for responding to a release of hazardous wastes at or en route to or from the facility. xiii. Extremely Hazardous Wastes. Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Director at least forty-eight (48) hours prior to such storage, treatment, disposal, or transportation. xiv. Duration of Land Use Decision. The life of the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion. xv. Compliance Costs. All costs of compliance with this chapter shall be borne by the facility owner/operator. January 2013 1 DRAFT • Division 17.60 —Specific Development Standards (17.61-17.69) Page 48 r� U • xvi Enforcement. The City of Santa Clarita may employ any and all methods permitted by law to enforce this chapter. 17.66.070 Homeless Shelters. The following standards apply to all homeless shelters: A. Homeless shelters shall maintain a maximum occupancy not to exceed sixty (60) individuals. B. Homeless shelters shall provide on-site waiting and intake areas screened from public view. C. The homeless shelter shall provide on-site management with security during operational hours. D. Parking areas shall be paved to the satisfaction of the Fire Department and City Engineer. E. The homeless shelter shall be well lit during operational hours and be in conformance with Section 17.51.050 (Outdoor Lighting Standards). F. Homeless shelters shall be allowed to have intake between the hours of five p.m. to eight p.m. or at dusk, whichever is sooner, and may discharge patrons from eight a.m. to ten a.m. the following day. G. Homeless shelters shall abide by all applicable development standards as set forth in this Code. H. A homeless shelter shall not be located within 300 feet of a private or public primary or secondary school, public or private parks and community centers. 17.66.080 Joint Living and Working Quarters. The following regulations are for the establishment of joint living and working quarters. A. Design Standards. 1. Floor Area Requirement. a. A live/work unit shall have a minimum floor area deemed to be appropriate by the Director. b. The commercial portion of the live/work unit shall constitute between 25 percent to 45 percent of the total floor area, unless otherwise approved by the Director. C. A ground -level live/work unit with street frontage shall devote the street frontage of the building to commercial space. 2. Unit Access. Separate access shall be provided for the living space and the commercial space. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 49 3. Access Between the Live/Work Space. a. There shall be direct access between the working and living spaces within the live/work unit. b. All units shall comply with applicable handicapped accessibility requirements. C. On parcels where the live/work space constitutes a front and back structure, the commercial use shall occupy the front structure on the street. d. The work space shall not be leased separately from the living space; conversely, the living space shall not be leased separately from the working space. 4. Occupancy and Employees. a. At least one full-time employee of the business activity occupying the live/work unit shall also reside in the unit; conversely at least one of the persons living in the "live" portion shall work in the "work" portion. b. The business activity occupying the live/work unit may utilize nonresident employees as necessary. 5. Land Use. Uses shall be permitted based on the underlying zoning designation or consistent with uses traditionally found in a neighborhood commercial land use • designation. 17.66.090 Kennels. All new kennels shall conform to the following requirements: A. All excrement produced by said kenneled animals shall be disposed of on a regular basis so as to control flies and odor; B. All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located; C. No animal runs, exercise areas or keeping of the kenneled animals shall be located within the required front, street side or side yards of the zone in which the site is located or within one hundred (100) feet of adjoining residences; D. The minimum lot size shall be two (2) acres in residential zones. 17.66.100 Long -Term Vendors. All new long-term vendors shall be required to obtain approval of a minor use permit. The Director may impose conditions of approval and shall not approve an application for a minor use permit unless the information submitted by the applicant substantiates each of the following requirements: January 2013 1 DRAFT • Division 17.60 — Specific Development Standards (17.61-17.69) Page 50 A. If selling food, the applicant shall comply with all Los Angeles County Health Department • requirements. B. A maximum of one long-term vendor is permitted per shopping center containing a minimum of three (3) acres and five hundred (500) feet of street frontage. C. No long-term vendor shall be located closer than three hundred (300) feet from any public right-of-way. D. Long-term vendors shall only be permitted in front of anchor tenants of the shopping center in which it operates, as determined by the Director. E. Long-term vendors shall not be located further than ten (10) feet from the storefront facade of the anchor tenant. F. At the minimum, long-term vendors shall provide a five (5) gallon trash can. G. All equipment used for operating shall be completely removed from the premises daily. No permanent structures are permitted. H. Notwithstanding the provisions of subsection (C) (General Provisions) of Section 17.51.080 of the Code, no temporary or permanent signage is permitted. L Long-term vendors shall not be placed in fire lanes, parking spaces, required setbacks or interfere with the circulation of shopping center in which it is located. • 17.66.110 Self -Storage Facilities. A. Purpose. The City's intent is to limit the visibility and/or adequately design self -storage facilities along major and secondary highways to appear as a structure, or use, anticipated for the surrounding land uses. B. Development Standards. All new self -storage facilities shall conform to the following requirements: Self -storage facilities shall be designed and developed in a manner compatible with and complementary to existing and potential development within the immediate vicinity of the project site. 2. Unless otherwise designed to be consistent with another building type, self -storage facilities shall be entirely enclosed by split faced or decorative, solid masonry walls, or other material as approved by the Approving Authority, at a minimum of six (6) feet in height. 3. Building height shall not exceed two (2) stories and/orthirty-five (35) feet, unless it is an architectural feature having no storage capacity. Building height proposed beyond the above requirements is subject to the approval of a conditional use permit. • January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 51 4. Driveways shall have a minimum width of twenty-six (26) feet for the facility entry and fire lanes, unless additional width is required by the Fire Department. Secondary driveways shall have a minimum width of ten (10) feet. 5. Buildings shall be designed, located and/or screened so that views of overhead doors and/or interior driveways within such facilities are not readily visible from adjacent roads. 6. One caretaker's residence shall be permitted, subject to single-family residential development standards. 7. The applicant shall provide before and after photo simulations of the facility. 8. Landscaping shall be incorporated into the project to screen the facility from public view to the greatest extent possible. Maintenance of the approved irrigation and landscaping shall be maintained in perpetuity. 17.66.120 Small Wind Energy Systems. All small wind energy systems shall conform to the following requirements: A. Small wind energy systems shall not be permitted on parcels of less than one (1) acre in size. B. Tower heights of not more than sixty-five (65) feet shall be allowed on parcels between one (1) and five (5) acres and tower heights of not more than eighty (80) feet shall be allowed on parcels of five (5) 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. C. System towers must be set back from the property line equal to the height of the proposed system tower; provided, that it also complies with any applicable fire setback requirements. D. Decibel levels for the system shall not exceed the noise standards of the municipal code. E. 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. 17.66.130 Solar Panels. Solar energy systems shall conform to the following requirements: A. Regulation and permitting of solar energy systems is a Class I approval in accordance with the State requirements. January 2013 1 DRAFT • Division 17.60 —Specific Development Standards (17.61-17.69) Page 52 B. Review of the application to install a solar energy system shall be limited to the Building • Official's review of whether it meets all health and safety requirements of local, state, and federal law. C. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. D. The City reserves the right to require a minor use permit if the Building Official of the City has a good -faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety. A minor use permit is required at the discretion of the Director. E. The City shall not deny an application for a minor use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, meaning a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. F. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. G. The decision of the Building Official pursuant to requirement of a minor use permit or the • denial of a minor use permit may be appealed to the Commission. H. Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible including, but not limited to, the screening of exposed conduit or other mechanical or electrical equipment. I. A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. J. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation. K. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 53 Chapter 17.67 SECTIONS: 17.67.010 Purpose. 17.67.020 Applicability. 17.67.030 Regulations. 17.67.010 Purpose. Temporary Uses It is the purpose of this chapter to establish standards for temporary uses, which have characteristics and performance requirements that are not covered by the property development requirements of the zones. All temporary uses shall comply with the provisions of this chapter. 17.67.020 Applicability. • Temporary uses may be allowed for permitted or conditionally permitted uses, subject to approval of a temporary use permit or conditional use permit. Temporary uses may include short-term and extended -term special events, as established in Section 17.23.200 (Temporary Use Permit). 17.67.030 Regulations. Subject to approval of a temporary use permit, the following temporary uses are permitted and shall conform to the following requirements: A. Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject • to not more than five (5) calendar days of operation in any calendar year. B. Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales operations, shall be allowed with a temporary use permit, subject to the following requirements: 1. Hours of operation shall be limited to eight a.m. to ten p.m., unless modified by the Director; 2. Operators shall obtain all applicable permits. This includes, but is not limited to, all City departments such as Building and Safety; and all other governing agencies such as Los Angeles County Fire, Health and Safety and Business Licensing Departments; 3. Operation shall comply with the City's noise ordinance; 4. Operator shall remove all debris within fifteen (15) days after the end of the holiday; 5. No permanent signage shall be approved, constructed or installed; 6. All temporary lighting shall be directed downwards and away from neighboring properties; January 2013 1 DRAFT r Division 17.60 — Specific Development Standards (17.61-17.69) Page 54 7. No permanent structures shall be erected as part of a holiday sales operation. • 8. Operation of a Christmas tree or pumpkin sale lot is limited to a length of forty-five (45) days per event with a maximum of two events per calendar year; 9. Parking shall be provided at the rate of I space for every 2,000 square feet of lot area used for seasonal merchandise; 10. All green waste from the holiday sales operations, including pumpkins, wreaths, Christmas trees and tree cuttings, shall be composted or disposed through the City's trash hauler using green waste containers. Any additional waste shall be disposed of in a City -approved manner; 11. Any temporary signage must be approved by the Director prior to installation; and 12. One (1) full time on-site caretaker in a recreational vehicle is permitted during the operation of a Christmas tree or pumpkin sales lot. C. Subdivision sales offices and model home complexes located within the subdivision, may be allowed with a temporary use permit, subject to the following minimum requirements: 1. Offices shall be no closer than one vacant lot to an existing dwelling unit not part of the subdivision, trailers may be used for no more than ninety (90) calendar days or until such time as the subdivision sales offices have been completed whichever is less; • 2. A paved parking lot with surrounding landscaping shall provide sufficient parking spaces to accommodate said use; 3. Offices shall be allowed for a maximum of two (2) years or until ninety (90) percent of the homes within the subdivision are sold, whichever is less; 4. Faithful performance bonding in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities shall be required; and 5. Other conditions that the Director deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood. D. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than eight (8) calendar days of display in any calendar year. Such displays are permitted in residential yards without Director approval. E. Outdoor art and craft shows and exhibits, subject to not more than three (3) calendar days of operation or exhibition in any sixty (60) calendar day period. F. Contractors' offices and storage yards on the site of an active construction project. G. Mobilehome residences for security purposes on the site of an active construction project. • January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 55 H. Outside display or sales of goods, equipment, merchandise, or exhibits, in a commercial, mixed use, or industrial zone, provided that: 1. The display or sales shall not be conducted more than once during any 30 -day period nor more than four times during any 12 -month period; 2. Each occurrence of display or sale shall not exceed one weekend or three consecutive calendar days; 3. All goods, equipment and merchandise shall be the same as those sold, or held for sale, within the business on the lot where the outside display and sales are proposed; 4. Not more than 20 percent of the area designated for parking, as required by this Code for the established business, shall be used in connection with the outside display or sales; and 5. This provision shall not permit the outside storage of goods, equipment, merchandise, or exhibits except as otherwise may be provided by this Code. I. Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods of less than ninety (90) days. J. Temporary use of properly designed mobile trailer units for classrooms, offices, bands, etc., for periods not to exceed ninety (90) days subject to approval of the Director. is Requests for such uses of more than ninety (90) days in duration shall require the approval of a minor use permit by the Approving Authority. K. Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses within the C and/or I zones or other public or semi-public property on a temporary basis when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner, shall not take up any required landscaping area or parking spaces, and shall not be visible from a public right-of-way. L. Carnivals, exhibitions, fairs, farmers markets, private party vehicle sales, religious services, festivals, pageants, and religious observances on property owned by or held under the control of the City or other government agency shall not require a temporary use permit. The City department or other government jurisdiction, which owns or controls the property may assume jurisdiction and approve the special event subject to limitations and conditions as are deemed appropriate by said City department or governmental jurisdiction. M. Garage and yard sales shall not require a temporary use permit, but shall be subject to the following: 1. All materials or goods sold must be the personal property of one of the persons conducting the sale; • January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 56 2. They shall be conducted only on residential premises occupied by one of the persons conducting the sale; 3. No more than three (3) garage or yard sales shall be permitted at one residential location in any calendar year. Each garage or yard sale shall not exceed three (3) consecutive days; 4. Such sales shall not be conducted before eight a.m. or after six p.m.; and 5. Garage and yard sale signage shall be subject to the provisions of Section 17.51.080 (Sign Regulations) of this Code. N. The temporary, seasonal use of portable, metal storage containers shall be permitted for a period of time not to exceed ninety (90) days. Requests for such uses of more than ninety (90) days in duration shall require the approval of a minor use permit. O. Short-term events sponsored by a public agency or a religious, fraternal, educational or service organization directly engaged in civic, charitable, or public service endeavors. This provision shall not include outdoor festivals and tent revival meetings. P. Short-term special events shall not be conducted for more than six weekends or seven days during any 12 -month period, except where an extended time period is approved pursuant to Section 17.23.200 (B) (2) (Extended -Term Temporary Use Permit). Q. "Weekend" in this chapter means Saturday and Sunday; national holidays observed on a • Friday or Monday may be included. R. Other temporary uses as determined by the Director that do not exceed one year in duration and do not require the construction of any permanent structures. S. Temporary uses in excess of one (1) year, but less than five (5) years, will be subject to a Class N extended -term temporary use permit, pursuant to Section 17.23.200 (B) (2) (Extended -Term Temporary Use Permit). • January 2013 1 DRAFT Division 17.60—Specific Development Standards (17.61-17.69) Page 57 Chapter 17.68 Transfer Development Rights, Density • Bonus, and Cluster Developments SECTIONS: 17.68.010 Purpose. 17.68.020 Cluster Developments. 17.68.030 Density Bonus Requirements. 17.68.040 Transfer Development Rights Program. 17.68.010 Purpose. It is the purpose of this chapter to establish regulations for applications for cluster developments, density bonuses, and transfer development rights. These standards are in addition to the property development standards of this Code unless, where applicable, are superseded by those standards to provide for these types of development. 17.68.020 Cluster Developments. A. Purpose. The purpose of this section is to minimize the disruption of natural resources and major physiographic features and preserve land as permanent open space by encouraging innovative development alternatives. B. Conditions. In conjunction with the submittal of an application for a tentative map, an • applicant may submit an application for a conditional use permit to allow for a cluster development. In approving a conditional use permit for a cluster development, the Approving Authority shall impose conditions pertaining to the following: 1. Preservation of Commonly Owned Areas. a. The Approving Authority shall require the permanent reservation of all commonly owned areas. Such reservation shall be by establishment of a homeowners' association, maintenance district or other appropriate means or methods to ensure to the satisfaction of the Approving Authority the permanent reservation and continued perpetual maintenance of required commonly owned areas. b. As a means to further ensure the reservation of commonly owned areas, the Approving Authority shall also require that where lots or parcels of land are sold or are otherwise separated in ownership, no dwelling unit shall be sold, conveyed or otherwise alienated or encumbered separately from an undivided interest in any commonly owned areas comprising a part of such development. Such undivided interest shall include either: i. An undivided interest in the commonly owned areas; or ii. A share in the corporation or voting membership in an association owning the commonly owned area. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 58 11 2. Dwelling Unit Type. The Approving Authority shall require that all dwelling units • be single-family residences unless a multifamily development is requested and approved. 3. Location, Separation and Height of Buildings. The Approving Authority shall impose conditions as it deems necessary to govern the location, separation and height of buildings to ensure compatible placement on the proposed site and with relationship to the surrounding area. C. Additional Conditions. In addition to the conditions listed above, the approval authority may impose conditions pertaining to the following: 1. Location of Automobile Parking Facilities. Where the approval authority determines that the proposed development will contain design features offering amenities equal to or better than a development plan incorporating required automobile parking facilities on the same lot or parcel of land, such automobile parking may be located on a separate lot or parcel, provided that such parking facility is: a. In full compliance with all other provisions of Section 17.51.060 (Parking Standards) of this Code; and b. Located on a separate lot or parcel of land under common ownership; and C. Conveniently located and easily accessible to the dwelling it is intended to • serve; and d. No greater than two hundred (200) feet from the residence it is intended to serve. 2. Architecture. The Approving Authority may impose conditions governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property. 3. Yards/Lot Size. The Approving Authority may modify any or all yard and lot size requirements of the basic zone wherein a cluster development is proposed. In reaching its determination to modify these requirements and to what extent, the Approving Authority shall base its decision on whether such modification will: a. Encourage design features promoting amenities equal to or better than a development plan incorporating required yards and minimum lot size; and b. Assist in integrating the proposed development in relation to its location on the site and its relationship to the surrounding area. Nothing in this subsection shall be construed to prohibit imposition of yards and lot sizes exceeding the minimum provided in the zone. • January 2013 1 DRAFT Division 17.60 — Specific Development Standards (17.61-17.69) Page 59 4. Landscaping. The Approving Authority may require a plan for the landscaping of any or all parts of the development submitted to and approved by the Approving Authority in order to ensure that the development will be complementary to and is compatible with the uses in the surrounding area. 5. Utilities. The Approving Authority may require the applicant to submit and be made a condition of approval for a cluster development, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. 17.68.030 Density Bonus Requirements. A. A density bonus shall be available consistent with the requirements of Government Code Section 65915 and sections amendatory or supplementary thereto. Any applicant for a density bonus shall make such application on a form approved by the Director at the time of submitting any entitlement application for the development for which a density bonus is requested. The application shall include, at a minimum, the following information: A description of how the proposed project meets the criteria for a density bonus under Section 65915; 2. What concession(s), if any, are requested by the applicant; 3. An explanation of how the requested concession(s) are necessary to provide for affordable housing costs; 4. Whether a parking reduction is requested; Is 5. A depiction of the intended use or location of the density bonus housing within the proposed development. B. As required by Section 65915 and sections amendatory or supplementary thereto, the Director shall require an instrument recorded against title, enforceable by the Director, to ensure the continued affordability of the affordable units within a project receiving a density bonus. Such instrument may include, but is not limited to, an equity sharing agreement, an affordability covenant, a deed of trust, a development agreement, or some combination thereof at the discretion of the Director; provided, that such instrument(s) does not unreasonably restrict title of any of the units and/or does not make the project economically infeasible. January 2013 1 DRAFT • Division 17.60 — Specific Development Standards (17.61-17.69) Page 60 17.68.040 Transfer Development Rights Program. • A. Purpose. The purpose of the Transfer Development Rights (TDR) Program is to transfer development rights from an appropriate sending site to an appropriate receiving site within the General Plan area, on a voluntary basis. These provisions are intended to supplement land use regulations, resource protection, open space acquisition, and to encourage increased residential and commercial land use densities in areas where infrastructure, especially public transportation, is readily available, subject to the issuance of a conditional use permit per Section 17.25.100 (Conditional Use Permit). Final action by the Council will be required for the approval of a TDR request. B. Requirements. A TDR Program shall include a sending site which is a parcel, or parcels for which land use densities are relinquished, and transferred, to a receiving site which can accept the relinquished density. 1. Sending Site Criteria. The sending site can be located in either the City or unincorporated Los Angeles County that is designated as Open Space, Open Space — National Forest, Open Space — Bureau of Land Management, or any Non -Urban designated land within a Significant Ecological Area (SEA) on the City's General Plan Land Use Map. In addition, any area that is considered an agricultural resource or other site acceptable to the Approving Authority can be considered. 2. Receiving Site Criteria. The receiving site shall be located in the City and designated as Mixed Use, Community Commercial, or Regional Commercial land • on the City's General Plan Land Use Map. In addition, any area that is considered a Transit Oriented Development, an underutilized infill site or other site acceptable to the Approving Authority. The Receiving Site shall not be a site subject to Sections 17.23.130 (Hillside Development Review). C. Findings. In addition to the findings required under in Section 17.25. 100 (Conditional Use Permit), the following findings shall also be met: 1. The sending site contains unique natural or cultural features, allows for a higher- level resource management, the preservation of agricultural or allows the acquisition of open space. 2. The receiving site shall be located with access to, or in close proximity of, all the needed infrastructure including, but not limited to, public transportation, schools and commercial services. • D. Conditions. In addition to the conditions required under in Section 17.25. 100 (Conditional Use Permit), the following condition shall also be required: 1. The development rights of the sending site shall be transferred to the City either through dedication of the site, a public use and access easement or other method acceptable to the Council to ensure that the site remains open space. In the case of an agricultural sending site, the easement shall allow for the continuation of agricultural operations. January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 61 Chapter 17.69 Wireless Communications Facilities and • Satellite Dish Antennas SECTIONS: 17.69.010 Purpose. 17.69.020 Exemptions. 17.69.030 Development Standards. 17.69.040 Abandonment. 17.69.050 Additional Submittal Requirements. 17.69.060 Satellite Dish Antennas. 17.69.010 Purpose. It is the purpose and intent of this chapter to regulate wireless communication facilities in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and unifiim regulations to properly review and construct public wireless communications facilities in the City, thereby reducing or eliminating any adverse effects from such facilities. The provisions of the chapter have neither the purpose nor effect of imposing a limitation or restriction on the activity nor the operation of such facilities. However, regulating the aesthetics of wireless communication facilities is a core objective. 17.69.020 Exemptions. A. Notwithstanding the other provisions of this chapter, the following uses shall be exempt • from the provisions of this chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption: 1. Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct -to -home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission; and 2. Any antenna structure that is two (2) meters (78.74 inches) or less in diameter, is designed to transmit or receive radio communication by satellite antenna, and is located in commercial or industrial zones within the City; and 3. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, as defined by Section 207 of the Telecommunications Act of 1996 and Section 1.400 of Title 47 of the Code of Federal Regulations; provided, that no part of the antenna structure extends more than twelve (12) feet above the principal building on the same lot. B. The following uses shall be exempt from the provisions of this chapter at all times, provided that structures meet the setback requirements of the underlying zone: • January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 62 • • 1. Any antenna structure that is designed to receive over -the -air UHF and/or VHF television broadcast transmission. 2. Any antenna structure that is designed to receive over -the -air AM and/or FM radio broadcast transmission. 3. Any antenna structure that is used by authorized amateur radio stations licensed by the Federal Communications Commission. 17.69.030 Development Standards. All wireless communication facilities which are installed, erected, or modified following the effective date of the ordinance codified in this chapter (besides those exempted in Section 17.69.020 (Exemptions)) shall conform to the following requirements: A. General Wireless Communications Facilities Standards. 1. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage. 2. No permittee shall unreasonably restrict access to an existing antenna location if required to co -locate by the City, and if feasible to do so. 3. All antennas shall be designed to prevent unauthorized climbing. B. Aesthetic and Screening Standards. 1. All facilities shall be screened from public view by landscaping to the extent possible. 2. Public wireless communications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening. 3. All building and roof -mounted wireless telecommunications facilities and antennas shall be designed to appear as an integral part of the structure and located to minimize visual impacts. 4. All antennas and support structures shall be painted and/or textured to achieve architectural compatibility with the structures for which they are attached and/or located. If ground -mounted, the antenna and support structure shall be painted, textured, landscaped or otherwise camouflaged as much as possible to integrate the structure into the environment. 5. All accessory equipment associated with the operation of the public wireless communication facility shall be located within a building, enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. if the equipment is to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 63 6. Wireless communication facilities shall have subdued colors and nonreflective materials which blend with surrounding materials and colors. • 7. All screening for building -mounted facilities shall be compatible with the existing architecture, color, texture and/or materials of the building. 8. All electrical support equipment located within cabinets, shelters or similar structures shall be screened from public view with lattice, vegetation, grading or other appropriate screening. Roof -mounted electrical support equipment shall be concealed. 9. The placement of new antennas and facilities shall not be physically obstructive or visually intrusive. 10. All ground -mounted facilities shall be designed to be consistent with the design, color and environmental aesthetics in the area where they are located to mitigate visual impacts. C. Siting Standards. 1. Antennas may be located on existing utility poles provided the antennas do not exceed the height of the utility pole. 2. All antennas shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency • emissions. D. Noise Standards. 1. Within residential zones, sound proofing measures shall be used to reduce noise caused by the operation of wireless facilities and all accessory equipment to a level which would have a no -net increase in ambient noise level. 2. All wireless communications facilities and accessory wireless facility equipment shall comply with the applicable provisions of the City's noise ordinance. E. Development Guidelines. Public wireless communication facilities should conform to the . following development guidelines unless the Approving Authority determines, in its discretion, that sufficient justification exists to the contrary: 1. Co -located with other public wireless communication facilities; 2. On existing structures such as buildings, communication towers, church steeples and utility facilities; 3. Stealth facilities, flush -mounted and concealed antennas should be used whenever possible; 4. In industrial/business park zoning districts; January 2013 1 DRAFT Division 17.60— Specific Development Standards (17.61-17.69) Page 64 E 5. In commercial zoning districts; • 6. No antenna or facility should be located within five hundred (500) feet from a lot containing a residential structure or a lot zoned for residential use unless a conditional use permit is approved. Co -located facilities shall be subject to a minor use permit; 7. Ground -mounted facilities should be located only in close proximity to existing above -ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable heights, water tanks and in areas where they will not detract from the image of the City; 8. Major public wireless communication facilities are encouraged to locate beyond five hundred (500) feet of any existing, legally established major public or private wireless communication facility except when co -located on the same building or structure; 9. Applicants proposing new wireless telecommunication facilities must demonstrate that reasonable efforts have been made to locate on existing facilities. The applicant must provide written documentation of all efforts to co -locate the proposed facility on an existing facility, or antenna -mounting structure, including copies of letters or other correspondence sent to other carriers or tower owners requesting such location and any responses received. This should include information on lack of existing towers in the area, topography, frequency or signal • interference, line of site problems and available land zoning restrictions as applicable; 10. All new wireless communication facilities shall be designed to accommodate co - location, when feasible. a. Co -location shall occur in a competitively neutral and nondiscriminatory manner. b. No more than three (3) wireless communication facilities may co -locate at a single site unless the Approving Authority finds: i. The net visual effect of locating an additional facility at a co - location site will be less than establishing a new location; or ii. Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility; 11. In order to encourage co -location of wireless telecommunication facilities and maintain community aesthetics, applicants for conditional use permit or install a tower or antenna mounting structure at the time of original application submittal, may request subsequent applicants to be co -located on the same facility. Should the applicant make such a request, the following shall be provided: 'January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 65 a. Documentation identifying the total capacity of the structure, including the number and type of antennas that can be accommodated over the life of the • project, b. Written statement of willingness to lease space on proposed support structure to other uses, C. Reciprocal access agreement for accessory facilities, including but not limited to, poles towers, parking areas, access roads, utilities and equipment buildings. Upon approval of a conditional use permit by the Approving Authority, the Director may approve a subsequent request to co -locate on the same facility as a minor use permit where no increase in height is proposed. Unless the facility is located in a residential zone or within five hundred (500) feet of a lot containing a residential structure or use, which shall require a conditional use permit; 12. Facilities that mimic building architecture (church steeples, clock towers, tented windows, building treatments) in its immediate vicinity are encouraged; 13. Monopoles, monopalms, monopines and similar facilities are discouraged. 17.69.040 Abandonment. Lawfully erected public wireless communication facilities that are no longer being used shall be removed from the premises no later than ninety (90) days after the discontinuation of use. A • public wireless communication facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements. A. A written notice of the determination of abandonment shall be sent or delivered to the operator of the public wireless communication facility and the property owner. The operator shall have thirty (30) days, from the date of the notice, to remove the facility or provide the Director with evidence that the use has not been discontinued. B. All facilities determined to be abandoned and not removed within the required thirty (30) day period from the date of notice shall be in violation of the Code, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of the Code. 17.69.050 Additional Submittal Requirements. A. As part of the application process, applicants for wireless communication facilities shall be required to provide a master plan that identifies the location of the proposed facility and all existing and potential facilities maintained by the applicant within the City of Santa Clarita. 1. The master plan shall reflect all potential locations that are anticipated for system build -out with a minimum of one year with application submittal. • January 2013 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 66 2. Applicants shall update master plans with every application while wireless telecommunications facilities are owned or operated within the City of Santa Clarita. B. Under the California Environmental Quality Act, to determine cumulative environmental impacts, the applicant shall submit an annual report which provides cumulative field measurements of radio frequency (EMF) power densities on all of their antennas owned or maintained within the City of Santa Clarita. The report shall quantify the EMF emissions and compare the results with the current applicable Federal Communications Commission regulations and standards. The applicant shall ensure continuous compliance with federal and State requirements regarding EMF emissions. C. As part of the application submittal, applicants for a wireless communications facility shall be required to submit a minimum of three (3) photo simulations from various locations in the proposed project's vicinity, depicting the existing view and proposed changes to the visual environment. D. As part of the application submittal, applicants for a wireless communications facility shall be required to submit propagation maps, depicting the existing and proposed cellular reception coverage at and around the project site. E. As part of the application process, applicants for public wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort to locate facilities in accordance with the development guidelines (subsection (E) of Section • 17.69.030 (Development Standards)). 17.69.060 Satellite Dish Antennas. Satellite dish antennas shall conform to the following requirements: A. The height of dish antennas shall be measured from the highest point of the finished grade adjacent to the structure if ground -mounted or from the point of mounting if roof -mounted. B. All dish antennas shall be treated as accessory structures and shall meet the height and setback requirements of the respective zone. C. Architectural review shall be required for all dish antennas in excess of six (6) feet in diameter and/or height. D. In commercial, industrial and business zones dish antennas may be roof -mounted or ground -mounted. In either case, all dish antennas located within these zones, regardless of height or diameter, shall be screened from (i) on-site parking areas, (ii) adjacent public streets and (iii) adjacent residentially zoned property. Roof -mounted dish antennas shall be screened architecturally, while ground -mounted dish antennas shall be screened architecturally or with landscaping. ® January 2013 1 DRAFT Division 17.60 —Specific Development Standards (17.61-17.69) Page 67 Division 17.70 Reserved January 2013 1 DRAFT Division 17.70 — Reserved Page 1 • • • Division 17.80 Chapter 17.80 Chapter 17.81 Chapter 17.82 Chapter 17.83 Chapter 17.84 Chapter 17.85 Chapter 17.86 Chapter 17.87 Chapter 17.88 Chapter 17.89 Chapter 17.90 Chapter 17.95 Grading Scope and Administration Permits Existing Grading Permit Application Security Precautions Import, Export, Evacuations, and Fills Drainage and Terracing Grading Designation and Location Dust Prevention and Control National Pollutant Elimination Systems (NPDES) Compliance Standard Urban Stormwater Mitigation Plan Implementation January 2013 j DRAFT Division 17.80 — Grading (17.80-17.95) Page 1 January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 2 CJ • • • • Chapter 17.80 Scope and Administration SECTIONS: 17.80.010 Scope. 17.80.020 Grading Permit Administration 17.80.030 Responsibility of Permittee 17.80.010 Scope. A. This chapter sets forth rules and regulations for the control of excavation, grading and earthwork construction, including fills or embankments and the control of runoff from graded sites, including erosion sediments and construction related pollutants. B. These rules and regulations establish minimum standards and are not intended to prevent the use of alternative materials, methods or means of conforming to such standards, provided such alternative has been approved. C. The City Engineer shall approve such an alternate, provided he finds that the alternate is for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, durability and safety. D. The City Engineer shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate. E. These rules and regulations establish the administrative procedures for issuance of permits, and provide for approval of plans and inspection of grading construction, 17.80.020 Grading Permit Administration. A. Purpose. In order to implement the General Plan, protect ridgelines, promote sensitive hillside development, and ensure appropriate and reasonable grading in accordance with sound engineering and design standards, the City hereby establishes grading plans and permits. The purpose of this section is to supplement the grading provisions of the Uniform Building Code. B. Applicability. A grading permit shall be obtained for any grading performed within the City, unless the type/quantity of grading is included in the exceptions identified in Section 17.81.010 (Permits). C. Approvals and Extensions. Any approval of a grading permit application or grading permit shall expire within six (6) calendar months from the date of approval or issuance, except where grading construction, in reliance on an approved permit, has commenced prior to its expiration. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 3 If at any time during the grading construction significant progress towards • completion is halted, as determined by the City Engineer for six (6) months or longer, the City Engineer may provide written notification to the permittee that expires the grading permit. The expiration date of the grading permit may be extended by the City Engineer for an additional six (6) months, if such a request is received by the City Engineer within thirty (30) days prior to the permit's original expiration date. Only one (1) six (6) month extension to the expiration date of the grading permit may be granted by the City Engineer. D. Permit Authorization. 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 plans and specifications approved by the City Engineer and the work shall be done in accordance with any conditions imposed by the City Engineer and in accordance with the requirements of this section. E. Work Commencing Before Permit Issuance. Any person who commences any work for which a grading permit is required by this Code, before having obtained the necessary grading permits, shall be subject to an investigation fee, whether or not a permit is issued at that time, or subsequently. The investigation fee shall be equal to twice the amount of the permit fee. Payment of such fee shall not exempt any person from compliance with all other provisions of this code or from any other penalty prescribed by law. F. Other Permits May Be Required. Permits issued pursuant to this section shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other provision of this Code or by any other person, body, or agency. G. Right of Entry—Indemnification. As a condition of issuance of any grading permit, the owner of the site to be graded and the contractor, if any, shall grant to the City a right of entry on the site for the purposes of inspection and for purposes of correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the contractor shall agree to indemnify the City for any claims or damages which may result from the City's entry onto the property including any corrective action taken pursuant to such right of entry. The right of entry and indemnification agreement shall be on a form approved by the City Attorney. H. Liability. 1. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this development code or with any conditions imposed by any City official under this section, shall relieve any person from any responsibility for damage to persons or property January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 4 E otherwise imposed by law, nor impose any liability upon the City for • damage to persons or property. 2. The City Engineer or any employee charged with the enforcement of this section, acting in good faith and without malice for the City in the discharge of their duties, shall not thereby render themselves liable personally and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of their duties. Any suit brought against the City Engineer or employee, because of such act or omission performed by them in the enforcement of any provisions of this section, shall be defended by the legal department of the City until final termination of the proceedings. I. Temporary Suspension of Permit. The City Engineer shall have the authority to temporarily suspend all work on a grading project and suspend the permit if the City Engineer determines any one of the following: That field conditions present an immediate hazard or danger to life or property; 2. The permittee fails to or refuses to correct a deficiency or hazard; • 3. The work being done is contrary to the approved plans or conditions thereof; 4. There is lack of supervision of the grading operation, lack of engineering control, soil engineering control is not being adequately provided; 5. Any condition which in the City Engineer's opinion, presents a threat to the public safety or welfare immediately, or in the future which may cause unstable earth until the hazard or condition is removed to the satisfaction of the City Engineer; or 6. There is a violation of the Santa Clarita Municipal Code. Revocation of the grading permit shall follow the procedures set forth in Chapter 17.08 (Revocations and Revisions). J. Time of Grading Operations. Grading and equipment operations within three hundred (300) feet of a structure for human occupancy shall not be conducted between the hours of seven p.m. and seven a.m. on weekdays and six p.m. to eight a.m. on Saturday. Further, no work shall be performed on Sundays and the following public holidays: New Year's Day, Independence Day, Thanksgiving Day, Christmas Day, Memorial Day and Labor Day. The City Engineer may, • however, permit grading or equipment operations before seven a.m. or after seven January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 5 p.m. on weekdays, and on Saturday, Sunday and holidays, if it is determined that • such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operations may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. 17.80.030 Responsibility of Permittee. A. Compliance with Plans and Code. The Permittee or his agent shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Code. B. Contents oj' Permit. It shall be the responsibility of the Permittee to be knowledgeable of the conditions and/or restrictions as placed on the grading permit, as outlined in applicable sections of this code, as contained on the approved grading plans, and as noted in the approved Geotechnical Report(s). The Permittee shall also be responsible to maintain, in an obvious and accessible location on the site, a copy of the permit and grading plans bearing the approval of the City Engineer. C. Coordinator. The Permittee shall act as the coordinator between the Project Consultants, Contractor, and City Engineer. The Permittee shall present to the City Engineer the names of all Project Consultants prior to obtaining a grading permit. In the event of changed conditions, the Permittee shall be responsible for • informing the City Engineer of such change and shall provide revised plans and reports for approval. D. Inspections. It shall be the responsibility of the Permittee to notify the City Engineer when the work is ready for inspection, as required by Section 17.89.010 (Grading Inspection). The notification shall be at least one working day in advance of the inspection. E. Protection of Utilities. The Permittee and the Owner of the property upon which the grading is being performed shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies not only to within the limits of grading, but also along any routes of travel of equipment. F. Protection of Adjacent Property. The Permittee and the Owner of the property upon which the grading is being performed shall be responsible for the prevention of damage to adjacent property. Additionally, no person shall excavate on land sufficiently close to the property line, if doing so may endanger any adjoining public street, sidewalk, alley, or other public or private property, without taking adequate measures to support and protect such property from settling, cracking, or other damage that might result from the grading operation. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the City Engineer, to prevent such materials January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 6 • from being deposited on adjacent public way and/or drainage courses. Grading • designs that serve to avoid disruption to adjacent property shall be utilized as governed by Section 17.51.020 (Hillside Development). G. Stormwater Control Measures. The Permittee and the Owner of the property upon which the grading is being performed shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction -related pollutants, which originate from the site during grading and related construction activities. H. Termination of Consultants. The Permittee and the Owner of the property upon which the grading is being performed shall notify the City Engineer in writing, within forty-eight (48) hours, if any Project Consultant resigns or is terminated. I. Ownership Change. The Permittee and the Owner of the property upon which the grading is being performed shall notify the City Engineer in writing, within forty- eight (48) hours, if an ownership change occurs. The new Owner and the Permittee shall together apply for a grading permit in their names within forty- eight (48) hours of such a change. The grading permit may be terminated by the City Engineer for violation of this section of the Code. J. Best Management Practices. The Permittee and the Owner of the property upon • which the grading is being performed shall maintain the site in such a manner as to minimize the impacts of stormwater and construction -related pollutants due to the grading and related construction activities on adjacent public and private property and drainage courses. The required best management practices shall include, but not be limited to, those identified in the following section: • 1. All equipment used for grading and related activities shall be stored, serviced, and refueled in a designated area specifically designed to prevent waste oils, fuels, solvents, and other pollutants from contaminating the soil or being conveyed by stormwater; 2. All fuels, solvents, oil, and other foreign substances, and their containers, shall be stored in accordance with their listing and protected from the weather in such a manner as to prevent them from contaminating the soil or being conveyed by stormwater; 3. A covered receptacle shall be available on-site for collection of trash and debris to be disposed of off-site. The site shall be maintained in such a manner as to prevent the deposition of trash and debris onto adjacent public and private property; and 4. All vehicles or equipment shall be free of mud and debris before leaving the site, so as not to track or deposit such material onto the public way when accidental depositions occur. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 7 K. Project Site Maintenance. is Cleanup and Dust Control. Throughout all phases of construction, including suspension of waste and until final certification, the Permittee shall keep the site free from rubbish and debris. The Permittee shall also abate dust nuisance by cleaning, sweeping, and sprinkling water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. 2. Vermin Control. At the time of official certification, the area graded under the permit shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Permittee. The Permittee shall be responsible for the elimination of offensive odors resulting from extermination operations. 3. Sanitation. The Permittee shall provide and maintain enclosed toilets for the use of employees engaged in the grading operation. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health. L. Protection and Restoration of Existing Improvements. The Permittee shall be • responsible for the protection of public and private property adjacent to the site and shall exercise due caution to avoid damage to such property. M. Public Convenience and Safety. Traffic and Access. The Permittee's operations shall not cause an unnecessary inconvenience. The access rights of the public shall be considered and maintained at all times. 2. Storage of Equipment and Materials in Public Streets. All applicable right- of-way permits shall be obtained with Section 13.06 (General Requirements) of the Municipal Code for all equipment and materials in a public street or right-of-way. Construction equipment shall not be stored at the worksite for more than five (5) days after it is no longer needed. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 8 • Chapter 17.81 Permits SECTIONS: 17.81.010 Permits. 17.81.020 Availability of Permit and Stormwater Pollution Prevention Plan at Site. 17.81.030 Unpermitted Grading. 17.81.060 Notification to Start Grading. 17.81.010 Permits. A. Permits Required. A person shall not perform any grading without first obtaining a grading permit to do so from the City Engineer. A grading permit does not include construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any Engineered Grading as described in this Code shall be performed by a contractor licensed to perform the work described hereon. Regular Grading of less than five thousand (5,000) cubic yards may require a licensed contractor if the City Engineer determines that special conditions or hazards exist. 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 the City. • Approvals from other agencies may be required. A grading permit shall not be required for the following: r 1 An excavation that does not exceed fifty (50) cubic yards and complies with one of the following conditions as shown in Figure 17.81-1 (Permit Exception Details): a. Excavation is less than two (2) feet in depth; or b. Excavation does not create a cut slope greater than five (5) feet in height measured vertically upward from the cut surface to the surface of the natural grade and steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slope). 2. A fill not intended to support structures which does not obstruct a drainage course and which complies with one of the following condition as shown in Figure 17.8 1.1 (Permit Exception Details)s: a. Fill is less than one (1) foot in depth and is placed on natural terrain with a slope flatter than five (5) units horizontal to one (1) unit vertical (fifty percent (50%) slope); or. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 9 b. Fill is less than three (3) feet in depth at its deepest point when measured vertically upward from natural grade to the surface of the fill, does not exceed fifty (50) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slope); or. C. Fill is less than five (5) feet in depth at its deepest point when measured vertically upward from natural grade to the surface of the fill, does not exceed twenty (20) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slope); Figure 17.81-1 Permit Exception Details 3. An excavation below finish grade for basements and footings of a building, retaining wall, or other structure 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; 5. Mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate, or clay, where controlled by other regulations; January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 10 • • EXCAVATIONS FILLS . NOT DITENDED TO SUPPORT STRUCTtR'S -DO NOT OBSTRUCT A DRAINAGE COURSE' ML PLACED ON �- NATtIRAL GRADE 0<tFf 'NI EXCAVATION %1XHBESS Ft' FIATUPAl GRADE r, —(� WT STEEPER NA9S1MAD IN LESS TH.AN.IFT =s,J 1 - DEPTHNAD / N'2n DEEP :S NA7tR4tL GRACE DOES NOTi EXCEED WCY !WCT FU LESS THAN "=W CY 3FT DEEP ATM DEEPEST POWT THAT DOES NOT .1 DM ii EXCAVATOJ AN EA(WvAT1ceA EXCEED 5DCY -.� .IN i NATURAL GRADE A CUT SLOPE. tKTURAL GRADE .. Cy NOT GREATEfl ,. .; �"' „�• I THANSFTW HEIGW. " i 1 �� . RLLLESS i1 `iT DEEP AT RS. v N1DDOES. DEEPEST POWWST'T . 1 r . NOT EXCEED SSOCY - THATDOESNOT EXCEED:VCY ..^ �, 1.i. NATURALGRACE' Figure 17.81-1 Permit Exception Details 3. An excavation below finish grade for basements and footings of a building, retaining wall, or other structure 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; 5. Mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate, or clay, where controlled by other regulations; January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 10 • • provided, such operations do not affect the lateral support of, or increase the stresses in, or pressure upon, any adjacent or contiguous property; 6. With prior approval in writing by the City Engineer, grading in an isolated, self-contained area, provided there is no danger to the public and that such grading will not adversely affect adjoining properties; 7. Refuse disposal sites controlled by other regulations; 8. Excavations for wells, or trenches for utilities; 9. An excavation or fill in connection with the making of an earth fill dam, reservoir or levee when the quality of such work is regulated by other laws, statutes or ordinances; 10. An excavation, fill and/or measures approved by the Soil Conservation District or cooperative agency of the US Department of Agriculture; 11. An excavation or fill for a road or slope purposes and shown on plans that are approved by the City Engineer as being necessary for the support, construction or maintenance of a public road; 12. Exploratory excavations under the direction of a Geotechnical Engineer or • Engineering Geologist. This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must not create a hazardous condition to adjacent properties or the public in accordance with this code. Exploratory excavations must be restored to existing conditions, unless otherwise approved by the City Engineer.; and 13. 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 percent (10%) or greater unless the proposed grading complies with the provisions of Section 17.51.020 (Hillside Development). (Permits for less than one hundred (100) cubic yards are exempt from this requirement.) Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner that violates the provisions of this Code or any other laws or ordinances of the City. 17.81.020 Availability of Permit and Stormwater Pollution Prevention Plan at • Site. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 11 No person shall perform any grading for which a permit is required under this chapter unless a copy of the grading permit and approved grading plan with a stormwater • pollution prevention plan (SWPPP), as applicable, is in the possession of a responsible person and available at the site. 17.81.030 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 either of the following: (1) grading that was performed, at any point in time, without the required permit(s) having first been obtained from the City Engineer, pursuant to this code; or (2) grading for which a permit was obtained pursuant to this code, but which was not completed, pursuant to Section 17.89 (Grading Designation and Location), prior to the expiration of the permit, pursuant to Section 17.80.020(C) (Grading Permit Administration). 17.81.060 Notification to Start Grading. Grading work cannot start until the City has been officially notified of the pregrading meeting at least seventy-two (72) hours in advance_ January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 12 CJ • Chapter 17.82 Existing Grading SECTIONS: 17.82.010 Application to Existing Grading. 17.82.010 Application to Existing Grading. A. Hazardous Conditions. Whenever the City Engineer determines that any existing excavation, embankment or fill on private property has become a hazard to life and limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment, or fill so as to eliminate the hazard, in conformance with the requirements of this Code. B. Maintenance of Protective Devices and Rodent Control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and • other protective devices including dust prevention and control and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit. C. Correlation With Other Sections. The provisions of this section are independent of the provisions of the City Building Code relating to building and property rehabilitation. This section may be invoked even though the same facts have been the reason for a determination that there is substandard property subject to the provisions of the City Building Code. January 2013 I DRAFT Division 17.80 — Grading (17.80-17.95) Page 13 Chapter 17.83 Permit Application SECTIONS: 17.83.010 Grading Application and Permit Requirements. 17.83.020 Permit Limitations and Conditions. 17.83.030 Denial of Permit. 17.83.010 Grading Application and Permit Requirements. A. Application. To obtain a grading permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall: Describe the land on which the proposed work is to be performed by lot, block, tract and by a street address or by similar description sufficient to readily identify and definitely locate the site; 2. State the name and address of: the owner of said land; the person who is to perform the work; and, the field engineer if such work is to be performed as engineered grading; 3. Be accompanied by plans, specifications and calculations as may be required by subsection (B) of this section; 4. State the volume of the material to be handled; 5. Be signed by the applicant or his authorized agent, who may be required to submit evidence of such authority; and 6. Give such other information as reasonably may be required by the City Engineer. B. Grading Designation. Grading which is intended to support structures, or in excess of five thousand (5,000) cubic yards of material, or grading the City Engineer determines exhibits special conditions or unusual hazards, shall be designated as "Engineered Grading" and shall conform with subsection (D) of this Section, entitled "Engineered Grading Requirements." All Engineered Grading shall be performed in accordance with an approved grading plan and specifications prepared by a Civil Engineer unless otherwise required by the City Engineer. Grading other than "Engineered Grading" shall be designated "Regular Grading" and shall conform with subsection (C) of this Section, entitled "Regular Grading Requirements." January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 14 CJ • C. Regular Grading Requirements. An application for a Regular Grading permit • shall be accompanied by two (2) sets of plans with sufficient clarity to indicate the nature and extent of the work. The plans shall include the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall also include the following information: • 1. General vicinity of the proposed site; 2. Limits and depth of cut and fill; 3. Locations of any buildings or structures where work is to be performed and the location of any buildings or structures within fifteen (15) feet of the proposed grading; 4. Contours, flow areas, elevations, or slopes, which define existing and proposed drainage patterns; 5. Storm water provisions as required by this Code; 6. Location of all existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas; and 7. Location of all Special Flood Hazard Areas as designated and adopted by Municipal Code Section 10.06 (Floodplain Management). D. Engineered Grading Requirements. An application for a permit for Engineered Grading shall be accompanied by two (2) sets of plans and specifications, and supporting data consisting of a Geotechnical Report and Engineering Geology Report. Specifications shall contain information covering the construction and material requirements. Plans shall be drawn to scale upon paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that the proposed work will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of the plan shall depict the location of the proposed work, the name and address of the owner, and the person who prepared the plans. The plans shall include, or be accompanied, by the following information: 1. General vicinity of the proposed site; 2. Property limits and accurate contours of the existing ground and details of terrain and area drainage; 3. Each lot or parcel of land into which the site is proposed to be divided; January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 15 4. Limiting dimensions, elevations, or finish contours to be achieved by the • grading, proposed drainage channels, and related construction; 5. All of the proposed uses of the site, and if the site is to be divided, the proposed use of each lot or parcel of land; 6. 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 or that may be affected by the proposed grading operations; 7. Recommendations in the Geotechnical Report and the Engineering Geology Report shall be incorporated into the grading plans or specifications. When approved by the City Engineer, specific recommendations contained in the Geotechnical Report and the Engineering Geology Report, that are applicable to the grading, may be included by reference; 8. The dates of the Geotechnical and Engineering Geology Reports together with the names, addresses and telephone numbers of the firms or individuals who prepared the reports; 9. Elevations, location, proposed pads, extent and slope of all proposed • grading shown by contours, cross sections or other means and location of any rock disposal areas, buttress fills or other special features, if such are proposed to be included in the work; 10. A statement of the quantities of material to be excavated and/or filled. Earthwork quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of the quantities of material to be imported or exported from the site; 11. A statement of the estimated starting and completion dates for work covered by the permit; 12. A statement signed by the owner acknowledging that a Field Engineer, Geotechnical Engineer and Engineering Geologist, when appropriate, will be employed to perform the services required by this code, when the City Engineer requires that such a professional persons be so employed. These acknowledgments shall be on a form furnished by the City Engineer; 13. Detailed plans of all drainage devices, walls, cribbing or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 16 • • • • of the area served by any drains. Suitable access shall be provided to permit proper cleaning and maintenance; 14. Plans, pad dimensions, maximum horizontal straight slope dimensions and slope heights must comply with Section 17.51.020 (Hillside Development), where applicable. All necessary Commission, Council or staff reviews pursuant to this chapter must be obtained prior to issuance of permit; 15. A drainage plan for those portions of property to be utilized as a building site (building pad) including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage; 16. Storm water provisions required by this Code; 17. Location and type of any private disposal sewage disposal system, including the location of the expansion area; 18. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements; 19. Location of all Special Flood Hazard Areas as designated and adopted by Municipal Code Section 10.06 (Floodplain Management); 20. The location of any oak trees or other protected trees or shrubs; 21. A landscape and irrigation plan subject to approval by the Landscape Maintenance District, and/or Planning Division shall be incorporated into the plan for all slopes requiring landscaping; and 22. Any additional plans, drawings or calculations deemed necessary by the City Engineer to show conformance of the proposed work with the requirements of this code or related ordinances. E. Fees. Grading permit and plan -checking fees shall be in accordance with the current fee schedule approved by the Council. F. Geotechnical and Engineering Geology Reports. The Geotechnical Report required by subsection (D) of this Section shall include data regarding the nature, distribution, and strength of existing soils; conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary; and an opinion of the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geotechnical factors, including the stability of slopes. All reports shall conform with the requirements of the City Building Code and shall be subject to review by the City Engineer. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 17 Supplemental reports and data may be required as the City Engineer may deem • necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated into the grading plan or specifications. The Engineering Geology Report required by subsection (D) of this Section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and an opinion on the adequacy for the intended use of the sites to be developed by the proposed grading, as affected by geologic factors. The Engineering Geology Report shall include a geologic map and cross sections and utilize the most recent grading plan as a base. All reports shall conform with the requirements of the City Building Code and shall be subject to review by the City Engineer. Supplemental reports and data may be required as the City Engineer may deem necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated into the grading plan or specifications. Exception: A Geotechnical or Engineering Geology Report is not required if the City Engineer determines that the nature of the work applied for is such that a report is not necessary. G. Liquefaction Study. For sites with a mapped maximum considered earthquake spectral response accelerations at short periods (Ss) greater than 0.5g as determined by the City Building Code, a study for liquefaction potential of the site shall be provided, and the recommendations incorporated in the plans. A • liquefaction study will be required when the proposed work is a "Project' as defined in California Public Resources Code Section 2693, and.is located in an area designated as a "Seismic Hazard Zone," as defined in Title 14 of the California Code of Regulations Section 3722 on Seismic Hazard Zone Maps issued by the State Geologist under Public Resources Code Section 2696. Exception: A liquefaction study is not required if the City Engineer determines from established local data that the liquefaction potential at the grading location is low. H. Pre -Plan Check Site Inspection. When the City Engineer finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction, a site inspection shall be made prior to plan check of grading plans. The fee for such inspection shall in accordance with the current fee schedule approved by Council. 1. Hydrology and Hydraulic Study. A hydrology and hydraulic study may be required. if required, the study shall conform to the design requirements of the Los Angeles County Flood Control District and shall show all charts, formulas and data used for the preparation of the study. The report shall be prepared under the supervision of a licensed civil engineer whose seal shall be stamped on the title sheet of the report. • January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 18 • J. Additional plan check fees may be assessed as outlined in the current fee schedule approved by the Council. 17.83.020 Permit Limitations and Conditions. 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 six (6) months from the date of approval. B. Jurisdictions of Other Agencies. Permits issued under the provision of this Code shall not relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of the City and other government agencies. C. Conditions of Approval. In granting any permit under this code, the City Engineer may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to: 1. Improvement of any existing grading to bring it up to the standards of this • Code; 2. Requirements for fencing of excavations or fills which would otherwise be hazardous. • 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. E. Special Permits, Agricultural or Road Grading. Where the grading proposed is solely for the purpose of preparing land for agricultural purposes or for the construction of a roadway to be used as access for maintaining the use of the land at the time of the permit, the City Engineer may issue a special permit therefore, and modify the requirements of this chapter when they finds: 1. The site of the proposed work has an area of not less than ten (10) acres; 2. The work will be reasonably safe for the intended use and will not result in a hazard to adjoining property or existing structures; and 3. Adequate provision will be made for drainage and erosion control. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 19 17.83.030 Denial of Permit. A. Hazards. The City Engineer shall not issue a grading permit in any case where he • finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course, or be in an area determined to be subject to geological hazard under the provisions of the City Building Code. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Engineer may issue the permit with the condition that such work be performed. B. Land Use. The City Engineer shall not issue a grading permit for work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of this Code. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 20 • • Chapter 17.84 SECTIONS: 17.84.010 Security. 17.84.010 Security. Security A. Scope and Purpose. The City Engineer may require the Permittee or Owner(s) of the property upon which the grading is proposed to occur to provide security as a condition of the issuance of a grading permit for any grading involving more than one thousand (1,000) cubic yards. Where unusual conditions or special hazards exist, the City Engineer may require security for grading involving less than one thousand (1,000) cubic yards. The purpose of the security shall be to guarantee the permittee's obligation to mitigate any hazardous conditions, including flood and geotechnical hazards, that may be created if the grading is not completed in accordance with the approved plans and specifications, and to complete any work that the City Engineer determines necessary to bring the property into compliance with this Code. Security required by this Section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the City Engineer. • The City Engineer may waive the requirements for a security for any of the following: 1. Grading being done in or for a governmental agency; or 2. Grading necessary to remove a geological hazard, where such work is covered by an agreement and security posted pursuant to the provisions of this Code; or 3. Grading on a site, not exceeding a slope of three (3) horizontal to one (1) vertical, provided such grading as determined by the City Engineer will not affect drainage from or to adjacent properties; or 4. Filling of holes or depressions, provided such grading as determined by the City Engineer will not affect the drainage from or to adjacent properties. B. Form of Security. The security referred to in Section 17.24.010 (A) (Scope and Purpose) shall be in the following form: • January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 21 I . A bond furnished by a corporate surety authorized to do business in this State; 0 2. Other forms of security may be approved with prior written approval of the City Engineer: and 3. The City Engineer may require that up to ten percent (10%) of any security be submitted in the form of a cash deposit. The cash deposit may be utilized by the City to ensure that adequate safeguards for the prevention of erosion, dust control and sedimentation are in place when needed. C. Amount of Security. The amount of security shall be based upon the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices, retaining walls or work necessary to eliminate geotechnical hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as follows: One hundred thousand (100,000) cubic yards or less One dollar and fifty cents ($1.50) per cubic yard Over one hundred thousand One dollar and fifty cents ($1.50) per cubic yard (100,000) cubic yards for the first one hundred thousand (100,000) cubic yards plus seventy-five cents ($0.75) per cubic yard for that portion in excess of one hundred thousand (100,000) cubic yards When the rough grading has been completed in conformance with the requirements of this code, the City Engineer may at his discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the City Engineer. D. Conditions. All security shall include the conditions that the principal shall: 1. Comply with all provisions of this Code, applicable laws and ordinances; 2. Comply with all of the terms and conditions of the grading permit; and 3. Complete all of the work authorized by the permit. E. Term of Security. The term of each security shall begin upon the filing thereof with the City Engineer and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the City Engineer. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 22 0 is F. Default Procedures. In the event any grading for which a permit has been issued • is not completed in accordance with the approved plans and specifications for said work, or with all terms and conditions of the grading permit, the City Engineer may declare that a default has occurred. The City Engineer shall give notice thereof to the principal and security on the grading permit security, and may order the work required to complete the grading in conformance with the requirements of this Code be performed. The surety executing the security shall continue to be firmly bound under an obligation up to the full amount of the security, for the payment of all necessary costs and expenses that may be incurred by the City Engineer in causing any and all such required work to be done. G. Right of Entry. The City Engineer or the authorized representative of the surety company or financial institution shall have access to the premises described in the permit for the purpose of inspecting the work. In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the City Engineer or any person employed or, engaged in the behalf of any of these parties, shall have the right to go upon the premises to perform the required work. The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises of any authorized representative of the surety or financial institution or of the City engaged in the correction or completion of the • work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor. • Notwithstanding the foregoing, a default under this section shall be deemed a nuisance pursuant to Title 23 (Neighborhood Preservation) subject to abetment of Title 23 (Neighborhood Preservation) of the Municipal Code. The City reserves the right to recover costs for such abetment as set forth in Title 23 (Neighborhood Preservation). January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 23 Chapter 17.85 Precautions • SECTIONS: 17.85.010 Safety Precautions. 17.85.020 Removal of Brush and Vegetation. 17.85.010 Safety Precautions. If at any stage of the work the City Engineer determines by inspection that further grading as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The City Engineer may authorized the work to proceed if they find adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference. If the grading work as done has created or resulted in a hazardous condition, the City Engineer shall give written notice requiring correction thereof as specified in this Code. If the City Engineer finds any existing conditions not as stated in the grading permit or not as shown on the grading plan, they may order the work stopped until a revised • grading plan has been submitted and approved which includes provisions for such existing conditions. 17.85.020 Removal of Brush and Vegetation. A_ Removal or Destruction of Natural Vegetation Prohibited—Exception. No person shall remove or destroy or cause the removal or destruction of natural vegetation on sloping terrain within the City without first obtaining written approval from the City Engineer. B. Exceptions to Chapter Applicability. The provisions of this chapter shall not apply to, and written approval from the City Engineer is not required for, the following: The removal or destruction of vegetation within one hundred fifty (150) feet of a building or structure whose construction would require a permit under provisions of the building code; 2. The removal or destruction of vegetation by public utilities on rights-of- way or property owned by such utility, or on land providing access to such rights-of-way or property; January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 24 • 3. The removal or destruction of vegetation on publicly owned rights-of-way • for roads, highways, flood -control projects or other similar or related uses by authorized agents; 4. The removal or destruction by or for a public agency of vegetation from firebreaks used to control the spread of fire; 5. The removal or reduction of vegetation by the Fire Department, or by a person acting in compliance with a specific order of that department; and 6. Work performed under a grading permit issued under the provisions of the building code when the work includes precautionary measures to control erosion and flood hazards during the execution of such work. C. Approval to Perform Work—Fee Schedule. At the time of submitting the written request for approval, the applicant shall pay to the City Engineer a fee based on the area of land to be cleared of vegetation as follows: Area Fee Not exceeding 10 acres $10.00 More than 10 but not more than 50 acres $25.00 More than 50 but not more than 100 acres $50.00 More than 100 acres $50.00 plus $2.50 for each 10 acres or fraction thereof over 100 acres D. Approval to Perform Work Issuance Conditions. The City Engineer shall issue a written approval for all or a portion of the proposed work when they are satisfied that the performance of such work will not result in a flood or erosion hazard to this or other properties, the required fee has been paid and the proposed work conforms with the requirements of other laws or ordinances. In granting any approval under this chapter, the City Engineer may attach such conditions reasonably necessary to prevent a flood or erosion hazard. These conditions may include, but shall not be limited to: 1. A limitation on the time of year when the removal or destruction of vegetation is performed; 2. A requirement that certain protective structures or devices be installed in or adjacent to drainage courses to control downstream transportation of silt ® or debris; January 2013 1 DRAFT Division 17.80 – Grading (17.80-17.95) Page 25 3. The method to be used in the removal or destruction of vegetation and the sequence of such operation; and 4. A requirement that the area cleared be replanted with approved plants to provide protection against erosion damage. E. Violation—Penalty. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. F. Severability—Elimination of Exceptions. 1. If any portion of the ordinance codified in this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 2. Should any exception to the provisions of the ordinance codified in this chapter be held invalid, such exception shall be eliminated from the ordinance. January 2013 1 DRAFT Division 17.80— Grading (17.80-17.95) Page 26 L Chapter 17.86 Import, Export, Excavations and 0 Fills • SECTIONS: 17.86.010 Import and Export of Earth Materials. 17.86.020 Excavations. 17.86.030 Fills. 17.86.040 Ridgeline Preservation and Hillside Development. 17.86.050 Slope Setbacks. 17.86.060 Slopes Subject to Hillside Development. 17.86.010 Import and Export of Earth Materials. Grading shall be balanced on site whenever possible. Import and export of earth materials shall be subject to all of the following: A. The point or points of access to the public street or streets for export or import shall be shown on the grading plan and shall be located as approved by the City Engineer; B. The haul route for export or import shall be approved by the City Engineer prior to commencement of any export or import of material to or from the site; C. The last fifty (50) feet of the outhaul road immediately adjoining the street if downgrade to the street has a grade no steeper than three percent, (3%); D. An unobstructed sight distance of not less than three hundred (300) feet in each direction up and down the public street. and E. Security for import or export may be required by the City Engineer. 17.86.020 Excavations. A. Maximum Cut Slope. Cuts shall not be steeper in slope than two (2) horizontal to one (I) vertical. The City Engineer may allow a slope greater than two to one (2: 1) for special circumstances or site conditions. In this case the owner must furnish a geotechnical engineering or an engineering geology report, or both, conforming with the requirements of the City Building Code, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the City Engineer determines that such information is necessary to verify the stability and safety of the proposed slope. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 27 B. Slope Surface Protection. All slopes must be stabilized against surface erosion. Stabilization may be accomplished through the application of erosion control blankets, soil stabilizers or other means as approved by the City Engineer. C. Drainage. Drainage, including drainage terraces and overflow protection, shall be provided as required by Chapter 17.88 (Drainage and Terracing). 17.86.030 Fills. A. General. Unless otherwise recommended in the geotechnical report, fills shall conform to provisions of this section. B. Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than two (2) units horizontal to one (1) unit vertical (50 percent (50%) slope). The ground surface shall be prepared to receive fill by removing vegetation, topsoil, and other unsuitable materials (including any existing fill that does not meet the requirements of this code), and scarifying the ground to provide a bond with the fill material. Subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident except where the Geotechnical Engineer or Engineering Geologist recommends otherwise. Such sub -drainage systems shall be of a material and design approved by the Geotechnical Engineer and acceptable to the City Engineer. The Geotechnical Engineer shall provide continuous inspection during the process of subdrain installation. The location of the subdrains shall be shown on a plan prepared 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 Geology Report. C. Benching. Where existing grade is at a slope steeper than five (5) units horizontal to one (1) unit vertical (20 percent (20%) slope) and the depth of the fill exceeds five (5) feet, benching shall be provided into sound bedrock or other competent material as determined by the Geotechnical Engineer. The ground preparation shall be in accordance with Figure 17.86-1 (Benching Details) or as determined by the Geotechnical Engineer. When fill is placed over a cut, a key shall be provided which is at least ten (10) feet in width and 2 feet in depth. The area beyond the toe of the fill shall be sloped for sheet overflow or a paved drain shall be constructed at thereon. The Geotechnical Engineer or Engineering Geologist, or both, shall inspect and approve the key as being suitable for the foundation and placement of fill material before any fill material is placed on the excavation. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 28 LI 0 T 5R:I)IOR4 GREAT — '2 FT.,10,61 j' MINIMUM -10 FT. 13.0 m) MINIMUM Figure 17.86-1 Benching Details NATURALSLOPE: 'r REMOVE UNSUITABLE MATERIAL D. Fill Material. Fill shall not include organic, frozen, or other deleterious materials. Except as permitted by the City Engineer, no rock or similar irreducible materials with a maximum dimension greater than twelve (12) inches in any dimension shall be included in fills. Exception: The City Engineer may permit the placement of larger rock when the Geotechnical Engineer properly devises and recommends a method of placement and continuously inspects its placement and approves the fill stability. All of 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, as measured vertically; 3. Rocks shall be placed so as to assure the filling of 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; and January 2013 ( DRAFT Division 17.80 — Grading (17.80-17.95) Page 29 5. The locations of oversized rock dispersal areas shall be shown on the as - built plan. E. Compaction. All fill shall be compacted to a minimum compaction of ninety percent (90%) of maximum dry density as determined by ASTM D1557, Modified Proctor, in lifts not exceeding twelve (12) inches in depth, within forty (40) feet below finished grade and ninety-three percent (93%) of maximum dry density, deeper than forty (40) feet below finished grade, unless a lower relative compaction (not less than ninety percent (90%) of maximum dry density) is justified by the Geotechnical Engineer and approved by the City Engineer. Where ASTM D1557, Modified Proctor, is not applicable, a test acceptable to the City Engineer shall be used. Fills used to elevate structures in compliance with Chapter 10.06 (Floodplain Management) of the Municipal Code shall be compacted to ninety-five percent (95%) of maximum dry density. Field density shall be determined by a method acceptable to the City Engineer. However, not less than ten percent (10%) of the required density tests shall be obtained by the Sand Cone Method (ASTM D1556). The required ten percent (10%) by the Sand Cone Method shall be uniformly distributed throughout the depths and limits of the fill. Fill slopes steeper than, or equal to, two (2) units horizontal to one (1) unit • vertical (50 percent (50%) slope) shall be constructed by the placement of soil a sufficient distance beyond the proposed finish 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 or 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. F. Maximum Fill Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. The City Engineer may allow a slope of steeper than two (2) units horizontal to one (1) unit vertical (50 percent (50%) slope) for special circumstances or site conditions. The steepness of fill slopes shall be determined by a Geotechnical Engineering Report conforming with the requirements of the City Building Code and containing a statement by the Geotechnical Engineer that the site has been investigated, with an opinion that a steeper fill slope will be stable and will not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the City Engineer determines that such information is necessary to verify the stability and safety of the proposed slope. The City Engineer may require the fill slope to be constructed with a face flatter than two (2) units horizontal to one (1) unit vertical (50 percent January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 30 (50%) slope) if the City Engineer finds it necessary for stability and safety of the • slope. G. Slopes to Receive Fill. Where fill is to be placed above the top of an existing slope steeper than three (3) units horizontal to one (1) unit vertical (33 percent (33%) slope), the toe of the fill shall be set back from the top edge of the existing slope a minimum distance of six (6) feet measured horizontally or such other distance as may be specifically recommended by a Geotechnical Engineer or Engineering Geologist and is approved by the City Engineer. H. Inspection of Fill. For Engineered Grading, the Geotechnical Engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to ensure that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the Geotechnical Engineer shall provide continuous inspection during the entire fill placement and compaction of fills that will exceed a vertical height or depth of thirty (30) feet or result in a slope surface steeper than two (2) units horizontal to one (1) unit vertical (50 percent (50%) slope). 1. Testing of Fills. Sufficient tests of the fill soils shall be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the ® standards established by the City Engineer. The results of such testing shall be included in the report required by this chapter. J. Drainage. Drainage, including drainage terraces and overflow protection, shall be provided as required by Chapter 17.87 (Drainage and Terracing). 17.86.040 Ridgeline Preservation and Hillside Development. Grading where average slopes are greater than ten (10) percent and involving more than one hundred (100) cubic yards is subject to Section 17.51.020 (Hillside Development). For specific requirements involving view corridors, scenic vistas, ridgelines, grading on slopes exceeding fifty (50) percent, and maximum slope heights, refer to Section 17.38.070 (Ridgeline Preservation Overlay Zone) and Section 17.51.020 (Hillside Development). 17.86.050 Slope Setbacks. A. General. Cut and fill slopes shall be set back from property lines in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the property line and shall be as shown in Figure 17.86-2 (Setback Dimensions), unless substantiating data is submitted justifying reduced setbacks and reduced setbacks are recommended in a Geotechnical Engineering • and Engineering Geology Report that has been approved by the City Engineer. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 31 fits BUT 2.FT(0.6 m) MINIMUM AND NEED. NOT EXCEED'10 FT.. (310m1 MAW6V - PROPERTY LINE Figure 17.86-2 Setback Dimensions -PROPERTY - LINE I DF >E INTERCEPTOR DRAIN tiFREQUIREDj- - B. Top of Cut Slope. The setback at the top of a cut slope shall not be less than that shown in Figure 17.86-2 (Setback Dimensions), or less than is required to accommodate any required interceptor drains, whichever is greater. For graded slopes, the property line between adjacent lots shall be at the apex of the berm at the top of the slope. Property lines between adjacent lots shall not be located on a graded slope steeper than five (5) units horizontal to one (1) unit vertical (20 percent (20%) slope). C. Toe of Fill Slope. The setback from the toe of a fill slope shall not be less than that shown by Figure 17.86-2 (Setback Dimensions). Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, as approved by the City Engineer, shall be included. Such protection may include but shall not be limited to: 1. Setbacks greater than those required by Figure 17.86-2 (Setback Dimensions); 2. Provision for retaining walls or similar construction; 3. Erosion protection of the fill slopes; and/or 4. Provisions for the control of surface waters. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 32 • E E D. Alternate Setbacks. The City Engineer may approve alternate setbacks if he or she • determines that no hazard to life or property will be created or increased. The City Engineer may require an investigation and recommendation by a qualified Engineer or Engineering Geologist to justify any proposed alternate setback. • is 17.86.060 Slopes Subject to the Hillside Development. Grading where slopes are greater than ten percent (10%) and involving more than one hundred (100) cubic yards is subject to Section 17.51.020 (Hillside Development). For specific requirements for grading involving slopes greater than 2:1 adjacent to public rights-of-way and fill slopes exceeding one hundred (100) feet in horizontal length, refer to the Hillside Development Guidelines. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 33 Chapter 17.87 Drainage and Terracing SECTIONS: 17.87.010 Drainage and Terracing Provisions. 17.87.020 Slope Planting and Erosion Control. 17.87.010 Drainage and Terracing Provisions. A. General. Unless otherwise recommended by a Civil Engineer and approved by the City Engineer, drainage facilities and terracing shall be provided in accordance with the requirements of subsection B of this section for all cut and fill slopes three (3) units horizontal to one (1) unit vertical (33 percent (33%) slope) and steeper. For slopes flatter than three (3) units horizontal to one (1) unit vertical (33 percent (33%) slope), but steeper than five (5) units horizontal to one (1) unit vertical (20 percent (20%) slope), a paved swale or ditch shall be installed at thirty (30) foot vertical intervals to control surface drainage and debris. Swales shall be sized based on contributory area and shall have adequate capacity to convey intercepted waters to the point of disposal as defined in subsection (D) of this section. Swales must be paved with reinforced concrete measuring not less than three (3) inches in thickness, reinforced with six-inch (6) by six-inch (6), No. 10 by No. 10 welded wire fabric or equivalent, as approved by the City Engineer. Swales must have a minimum flow line depth of one (1) foot and a minimum paved width of eighteen (18) inches. Swales shall have a minimum grade of not less than five percent (5%). There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade. B. Drainage Terraces. Drainage terraces at least eight (8) feet in width (measured horizontally from the outside edge) shall be established at not more than twenty- five (25) foot vertical intervals on all cut or fill slopes more than thirty (30) feet in height to control surface drainage and debris. When only one terrace is required, it shall be at mid -height. For cut or fill slopes greater than one hundred (100) feet and up to one hundred and twenty (120) feet in vertical height, one (1) terrace at approximately mid -height shall be twenty (20) feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred and twenty (120) feet in height shall be designed by the Civil Engineer and approved by the City Engineer. Suitable access shall be provided to permit proper cleaning and maintenance. Drainage swales on terraces shall have a longitudinal grade of no less than five percent (5%) and no more than twelve percent(12%) and a minimum depth of one (1) foot at a flow line. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that the slope debris will remain in January 2013 j DRAFT Division 17.80 —Grading (17.80-17.95) Page 34 • • suspension on the reduced grade. Drainage swales must be paved with concrete • not less than three (3) inches thick reinforced with six inch (6) by six inch, (6) No. 10 by No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab or an approved equal paving. Drainage terraces exceeding eight (8) feet in width need only be so paved for a width of eight (8) feet provided such pavement provides a paved swale of at least one (1) foot in depth. Downdrains or drainage outlets shall be provided at approximately three hundred (300) foot intervals along the drainage terrace or at equivalent locations. Downdrains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in subsection (D) of this section. Subgrade shall be approved in writing for line and grade by the Civil Engineer and approved in writing by the Geotechnical Engineer stating that the subgrade is firm and un -yielding and void of expansive materials prior to concrete placement. C. Interceptor Drains and Overflow Protection. Berms, interceptor drains, swales, or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto the damaging face of the slope. Berms used for slope protection shall not be less than twelve (12) inches above the level of the pad and shall slope back at least four (4) feet from the top of the slope. Interceptor drains shall be installed along the top of all graded slopes where the • height of the cut is greater than five (5) feet in height, measured vertically, receiving drainage from a slope with a tributary width of greater than thirty (30) feet, measured horizontally. They shall have a minimum depth of one (1) foot and a minimum width of three (3) feet. The slope shall be approved by the City Engineer, but shall not measure less than two percent (2%). Interceptor drains shall be paved with a minimum of three (3) inches of concrete or other materials as approved by the City Engineer and reinforced as required for drainage terraces. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. D. Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse, or drainage way approved by the City Engineer or other appropriate governmental agency provided that the discharge of such waters at that location will not create or increase a hazard to life or property. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains and or other devices. Desilting basins, filter barriers or other methods, as approved by the City Engineer, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a • similar energy dissipaters may be required. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 35 Graded building sites (building pads) shall have a minimum slope of two percent • (2%) toward a public street or drainage structure approved to receive stormwaters unless otherwise directed by the City Engineer. A lesser slope may be approved by the City Engineer for sites graded in relatively flat terrain, or where special drainage provisions are made, when the City Engineer finds such modification will not result in hazard to life or property. The grading shall provide for drainage around proposed buildings and their appurtenances. E. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability as required by the Geotechnical Engineering Report. Any required subsurface drainage facilities will be passive in design and require no ongoing monitoring to ensure site stability. F. Drainage Guidelines. All drainage devices which collect from the slopes shall be screened by means of underground pipes, diagonal curvilinear drains, rock -lining, colored concrete or other approved materials to blend with the natural topography in character, color or design. Downdrains shall be noncentralized to avoid a repetitive pattern. Where feasible, underground drains shall be utilized. On hillside projects, all drainage devices shall be consistent with the City's Hillside Development Guidelines unless special circumstances are established to the satisfaction of the City Engineer. G. Drainage Across Property Lines. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be is contained on-site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. H. Cross Lot Drainage Device Maintenance. All cross lot drainage devices not eligible for transfer to Los Angeles County Flood District should be maintained by an entity such as a homeowners' association. 17.87.020 Slope Planting and Erosion Control. A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall consist of jute netting, effective planting, erosion control blankets, soil stabilizers, or other means, as approved by the City Engineer. Erosion control for slopes shall be installed as soon as practicable and prior to calling for final inspection. Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion -resistant character of the materials, as approved by the Project Consultants, to the satisfaction of the City Engineer. January 2013 1 DRAFT Division 17.80—Grading (17.80-17.95) Page 36 • B. Other Devices. Where necessary, check dams, cribbing, riprap, or other devices or • methods shall be employed to control any erosion. Also, jute netting shall be immediately installed on any slopes having a vertical height of seven (7) feet or more and steeper than three to one (3:1) horizontal -to -vertical ratio (H:V) to minimize or control erosion problems. r 1 LJ C. Erosion Control (Slopes Subject to Section 17.51.020). Erosion control for grading where average slopes are greater than ten percent (10%) and involving more than one hundred (100) cubic yards is subject to Section 17.51.020 (Hillside Development). For specific recommendations for phasing the project to promote prompt revegetation, leaving undeveloped pads longer than thirty (30) to ninety (90) days and clearing of brush or vegetation, refer to the Hillside Development Guidelines. D. Planting (Areas Not Subject to the Section 17.51.020). The surface of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height shall be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding five (5) feet in vertical height shall also be planted with one gallon minimum sized shrubs, spaces at not to exceed ten (10) feet on centers; and fifteen (15) gallon minimum sized trees, spaced not to exceed twenty (20) feet on centers; or a combination of shrubs and trees at equivalent spacings, in addition to the grass or groundcover plants to the satisfaction of the Director. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. Plant material shall be selected which will produce a coverage of permanent planting to effectively control erosion. Consideration shall be given to deep-rooted plant material needing limited watering, maintenance, high root to shoot ratio, wind susceptibility, and fire -retardant characteristics. All plant materials must be approved by the Director. Planting may be modified for the site if specific recommendations are provided by both the Geotechnical Engineer and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation requirements, planting methods, fire -retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Recommendations must include a finding that the alternative planting will provide a permanent and effective method of erosion control. Modifications to planting must be approved by the Director prior to installation. E. Irrigation. Slopes required to be planted by subsection (D) of this section shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. Irrigation system plans shall be submitted to and approved by the Director prior to installation. A functional test of the system may be required. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 37 For slopes less than twenty (20) feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than fifty (50) feet is necessary for irrigation. Irrigation requirements may be modified for the site if specific recommendations are provided by both the Geotechnical Engineer and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation requirements, planting types, planting methods, fire -retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Recommendations must include a finding that the alternative irrigation method will sustain the proposed planting and provide a permanent and effective method of erosion control. Modifications for irrigation systems must be approved by the Director prior to installation. F. Planting and Irrigation (Areas Subject to Section 17.51.020). Requirements for planting and irrigation in areas subject to Chapter 17.51.020 (Hillside Development) are governed by that ordinance. Recommendation for these areas are also included in the Hillside Development Guidelines. Plant material shall be selected which will produce a coverage of permanent planting effectively controlling erosion. Consideration shall be given to deep- rooted plant material needing limited watering, to low maintenance during the lifetime of the project, to high root to shoot ratio (weight of above -ground parts versus root system), wind susceptibility and fire -retardant characteristics. G. Plans and Specifications. Planting and irrigation plans shall be submitted for slopes required to be planted and irrigated by subsections (D) and (E) of this section. Except as waived by the City Engineer for minor grading, the plans for slopes twenty (20) feet or more in vertical height shall be prepared and signed by a civil engineer or landscape architect. These plans must be approved by the City prior to issuance of the grading permit unless other provisions are made to the satisfaction of the City Engineer. The responsibility of maintenance of drainage terrace shall be clearly stated on the grading plan to the satisfaction of the City Engineer. H. Rodent Control. Fill slopes shall be protected from potential slope damage by a preventative program of rodent control. I. Release oj'Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading security, the planting shall be well established and growing on the slopes and there shall be evidence of an effective rodent control program. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 38 J. Graded and/or landscaped areas within a landscape maintenance district are to be • maintained in accordance with the original landscape plans and design concept per the originally approved subdivision or development plans. Any alteration of landscape plans or of areas within a landscape maintenance district must be approved by the Director of Administrative Services per the regular provisions of the grading code. Homeowner encroachments such as fences, block walls, structures, unauthorized plantings, alterations to the irrigation, grading or drainage are not allowed. Any approved alterations must be done by City -authorized crews through an approved City permit. Failure to comply with this section shall constitute a use of land contrary to the provisions of this title and shall be deemed a public nuisance under Title 23 of the Municipal Code. • • January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 39 Chapter 17.88 Grading Designation and Location SECTIONS: 17.88.010 Inspection. 17.88.020 Appropriate Certifications. 17.88.010 Inspection. A. General. Grading Operations for which a permit is required shall be subject to inspection by the City Engineer. In addition, professional inspection of grading operations shall be performed by the Field Engineer, Geotechnical Engineer, and the Engineering Geologist retained to provide such services in accordance with this section for Engineered Grading and as required by the City Engineer for Regular Grading. B. Special and Supplemental Inspections. In addition to the called inspections in subsection G of this section, the City Engineer may make such other inspections, as may be deemed necessary, to determine that the work is being performed in conformance with the requirements of this code. The City Engineer may require investigations and reports by an approved soil testing agency, Geotechnical Engineer and/or Engineering Geologist, and Field Engineer. Inspection reports shall be provided when requested in writing by the City Engineer. The City Engineer may require continuous inspection of drainage devices by the Field Engineer in accordance with this section when the City Engineer determines that the drainage devices are necessary for the protection of the structures in accordance with the City Building Code. C. Field Engineer. The Field Engineer shall provide professional inspection of those parts of the grading project within such Engineer's area of technical specialty, oversee and coordinate all field surveys, set grade stakes, and provide site inspections during grading operations to ensure the site is graded in accordance with the approved grading plan and the appropriate requirements of this code. During site grading, and at the completion of both rough and final grading, the Field Engineer shall submit statements and reports as required by subsections K and L of this section. If revised grading plans are required during the course of the work, they shall be prepared by a Civil Engineer and approved by the City Engineer. D. Geotechnical Engineer. The Geotechnical Engineer shall provide professional inspection of those parts of the grading project within such Engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The Geotechnical Engineer shall provide sufficient observation during the preparation of the natural ground and placement and January 2013 J DRAFT Division 17.80 —Grading (17.80-17.95) Page 40 • • compaction of the fill to verify that such work is being performed in accordance • with the conditions of the approved plan and the appropriate requirements of this code. If conditions differing from the approved Geotechnical Engineering and Engineering Geology Reports are encountered during grading, the Geotechnical Engineer shall provide revised recommendations to the permittee, the City Engineer, and the Field Engineer. E. Engineering Geologist. The Engineering Geologist shall provide professional inspection of those parts of the grading project within such Engineer's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. If conditions differing from the approved Engineering Geology Report are encountered, the Engineering Geologist shall provide revised recommendations to the Geotechnical Engineer. F. Permittee. The Permittee shall be responsible for ensuring that the grading is performed in accordance with the approved plans and specifications and in conformance with the provisions of this code. The Permittee shall engage project consultants, if required under the provisions of this code, to provide professional inspections on a timely basis. The Permittee shall act as a coordinator between the Project Consultants, the Contractor, and the City Engineer. In the event of changed conditions, the Permittee shall be responsible for informing the City Engineer of such change and shall provide revised plans for approval. • G. Required Inspections. The Permittee shall call for an inspection by the City Engineer at the following various stages of work and shall obtain written approval from the City Engineer prior to proceeding to the next stage of the work: • Pre -Grade. Before any construction or grading activities occur at the site, the Permittee shall schedule a pre -grade inspection with the City Engineer. The Permittee shall ensure that all the Project Consultants are present at the pre -grade inspection; 2. Initial. The Permittee shall schedule the initial inspection when the site has been cleared of vegetation and unapproved fill and it has been scarified, benched, or otherwise prepared for fill. No fill shall have been placed prior to this inspection; 3. Rough. The Permittee shall schedule rough grade inspection when approximate final elevations have been established; drainage terraces, swales and other drainage devices necessary for the protection of the building sites from flooding have been installed; berms have been installed at the top of the slopes; and the statements required by subsection L of this Section have been received; and January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 41 4. Final. The Permittee shall schedule the final grading inspection when grading has been completed, all drainage devices necessary to drain the building pad have been installed, slope planting has been established, irrigation systems have been installed, and the as -built plans and required statements and reports have been submitted. H. Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the Field Engineer, Geotechnical Engineer, or the Engineering Geologist determines that the work is not being done in conformance with this chapter or with the approved grading plans, or in accordance with good accepted practices, the Field Engineer, Geotechnical Engineer, or the Engineering Geologist shalt immediately notify, in writing, the discrepancies and . the recommended corrective measures to the Permittee and the City Engineer. I. Transfer of Responsibility. If the Field Engineer, the Geotechnical Engineer, or the Engineering Geologist of Record is changed at any time after the required grading plans have been approved by the City Engineer, the Permittee shall immediately provide written notice of such change to the City Engineer. The City Engineer may stop the grading from commencing or continuing until the Permittee has identified a replacement Project Consultant and the replacement Project Consultant has agreed in writing to assume responsibility for those parts of the grading project that are within the replacement Project Consultant's area of technical competence. J. Non -inspected Grading. No person shall own, use, occupy, or maintain any non- • inspected graded property. For the purposes of this code, non -inspected 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. K. Routine Field Inspections and Reports. Unless otherwise directed by the City Engineer, the Field Engineer shall prepare routine inspection reports and shall file these reports with the City Engineer for all Engineered Grading Projects as follows: Bi -weekly during all times when grading of 400 cubic yards or more per week is occurring on the site; 2. Monthly, at all other times; and 3. At any time when requested in writing by the City Engineer. Such reports shall certify to the City Engineer that the Field Engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans and specifications, the City Building Code, all grading permit conditions, and all other applicable ordinances and requirements. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 42 • ® L. Completion of Work. Upon completion of the rough grading work and at the final completion of the work, the following reports, drawings, and supplements thereto are required for engineered grading or when professional inspection is otherwise required by the City Engineer: An "As -Built" grading plan shall be prepared by the Field Engineer, who is retained to provide such services, that shows all plan revisions as approved by the City Engineer. This as -built grading plan shall include original ground surface elevations, as -built ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and the outlets of subsurface drains. As -built locations, elevations, and details of subsurface drains shall be shown as reported by the Geotechnical Engineer. The As -built grading plan shall be accompanied by a certification by the Field Engineer that to the best of his or her knowledge, the work within the Field Engineer's area of responsibility was done in accordance with the final approved grading plan; 2. A report shall be prepared by the Geotechnical Engineer retained to provide such services, including locations and elevations of field density tests, summary of field and laboratory tests, other substantiating data, and ® comments on any changes made during grading and their effect on the recommendations made in the approved Geotechnical Investigation Report. The report shall include a certification by the Geotechnical Engineer that, to the best of his or her knowledge, the work within the Geotechnical Engineer's area of responsibility is in accordance with the approved Geotechnical Engineering Report and applicable provisions of this code. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage; 3. A report shall be prepared by the Engineering Geologist retained to provide such services, including a final description of the geology of the site and any new information disclosed during the grading and the effect of such new information, if any, on the recommendations incorporated in the approved grading plan. The report shall include a certification by the Engineering Geologist that, to the best of his or her knowledge, the work within the Engineering Geologist's area of responsibility is in accordance with the approved Engineering Geology Report and applicable provisions of this code. The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage. The report shall contain a final as -built geologic map and cross-sections depicting all the information collected • prior to and during grading; January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 43 4. When planting and irrigation is required by Section 17.87.020 (Slope • Planting and Erosion Control), at completion of Final Grading, and prior to final approval of the grading by the City Engineer, the Landscape Architect or Field Engineer shall submit a statement that the slope planting has been established and the irrigation system has been installed in conformance with the approved plans; and 5. The Grading Contractor shall certify in writing that the grading conforms to said as -built plan and the approved specifications. M. Notification of Completion. The Permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion -control measures, have been completed in accordance with the final approved grading plan and that all required reports have been submitted and approved. N. Change of Ownership. Unless otherwise required by the City Engineer, when a grading permit has been issued on a site and the Owner sells the property prior to final grading approval, the new owner shall be required to obtain a new grading permit. O. Violation. It is a violation of this code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found • by the City Engineer to have been in substantial noncompliance with the approved design or code requirement at the time of verification. 17.88.020 Appropriate Certifications. Any project subject to Section 17.51.020 (Hillside Development) and involving less than five thousand (5,000) cubic yards of earth may also require the reports, statements, or certifications set forth by this code. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 44 • • Chapter 17.89 Dust Prevention and Control SECTIONS: 17.89.010 Dust Prevention and Control Provisions. 17.89.020 Dust Prevention and Control Plan. 17.89.030 Inadequate Dust Prevention and Control Measures. 17.89.040 Compliance with NPDES Stormwater Regulations. 17.89.010 Dust Prevention and Control Provisions. To protect the health, safety and general welfare, all construction sites must make all reasonable efforts to prevent or control blowing dust and debris. Property owners shall be responsible for maintaining their property in such a manner that dust and other wind- borne debris transported to adjacent properties are kept to reasonable minimal levels. In the case of site grading and other construction operations, it will also be the responsibility of the permittee to make all reasonable efforts to control blowing dust and debris onto adjacent properties. When grading operations involve the hauling of dirt from one site to another, it is also the permittee's responsibility to maintain the public streets in a clean condition and limit any spillage which would generate dust or other blowing debris. 17.89.020 Dust Prevention and Control Plan. A. Required. A dust prevention and control plan shall be submitted in conjunction with a grading plan or other plan involving the movement of dirt. The City Engineer may also require the submittal of a dust prevention and control plan for other development deemed necessary. B. Plan. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours and during various phases of construction. The plan shall include the name and the twenty-four (24) hour phone number of a responsible party in case of emergency. If the importing or exporting of dirt is necessary as demonstrated by the cut and fill quantities on the grading plan, the plan shall also include the procedures necessary to keep the public streets and private properties along the haul route free of dirt, dust and other debris. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with dust preventive substance or plant materials and an irrigation system. All phased projects shall submit a plan demonstrating that dust will not be generated from future phase areas. C. Plan Review. The City Engineer shall be responsible for the review and approval of the dust prevention and control plan. This plan shall be incorporated into the January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 45 grading plan and constructive notice shall be placed on the grading plan to notify the owner and contractors of the need to comply with the dust prevention and • control plan. D. Dust Control Compliance Statement. A dust control compliance statement form must be completed and signed by the property owner. 17.89.030 Inadequate Dust Prevention and Control Measures. A. Site Investigation. If an investigation of the project site indicates that dust prevention and control measures are inadequate, the City Engineer or his authorized representative may limit or halt all activities on the site until adequate dust prevention and control measures are achieved. The City Engineer may charge the property owner and/or contractor for reasonable costs related to providing the necessary site inspections to determine the adequacy of the dust control plan. B. Notice of Inadequate Prevention and Control Measures. If it is determined that a property is in violation of Section 17.89.010 (Dust Prevention and Control Provisions), the property owner and/or contractor will have two (2) hours to bring the site into compliance. If after two (2) hours, the site is not brought into compliance or an extension of time has not been granted by the City Engineer, the Building Official may, at any time thereafter, determine the site to be substandard property and give written notice of said violation. As substandard property, the site will be subject to all the provisions Building Code and Municipal Code as adopted by the City. Thereupon, the City Engineer may enter the property for the • purposes of installing, by City forces or by other means, adequate dust prevention and control measures (the cost of which shall be borne by the property owner), or the City Engineer may cause the owner of the site to be prosecuted as a violator of this code, or the City Engineer may take both actions. C. Responsibility for Adequate Dust Prevention and Control. The approval of a dust prevention and control plan does not relieve the owner or contractors of the responsibility to implement whatever additional measures may be required to properly prevent and control dust as outlined in Section 17.89.010 (Dust Prevention and. Control Provisions) herein. 17.89.040 Compliance with NPDES Stormwater Regulations. The dust prevention and control plan and any additional measures that may be necessary for the adequate prevention and control of dust shall not be in violation of the NPDES stormwater regulations as adopted by the City. January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 46 CJ 0 i • Chapter 17.90 National Pollutant Elimination System (NPDES) Compliance SECTIONS: 17.90.010 General. 17.90.020 Storm Water Pollution Prevention Plan (SWPPP). 17.90.030 Wet Weather Erosion Control Plans (WWECP). 17.90.040 Storm Water Pollution Prevention Plan, Effect of Non-compliance. 17.90.050 Non-compliance Penalties. 17.90.010 General. All grading plans and permits and the owner of any property on which such grading is performed shall comply with the provisions of this section for NPDES compliance. All best management practices shall be installed before grading begins or as instructed in writing by the City Engineer for unpermitted grading as defined by Section 17.81.030 (Unpermitted Grading). As grading progresses, all best management practices shall be updated as necessary to prevent erosion and to control construction related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the City Engineer and all permanent drainage and erosion control systems, if required, are in place. Failure to comply with this section is subject to "Noncompliance Penalties" pursuant to Section 17.95.050 (Non -Compliance Penalties). Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work. 17.90.020 Storm Water Pollution Prevention Plan (SWPPP). The City Engineer may require a SWPPP. The SWPPP shall contain details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction -related pollutants which originate from the site as a result of construction -related activities. When the City Engineer requires a SWPPP, no grading permit shall be issued until the SWPPP has been submitted to, and approved by, the City Engineer. For unpermited grading, as defined by Section 17.81.030 (Unpermitted Grading), upon written request a SWPPP in compliance with the provisions of this Section and Section 10.04.070 (Construction Activities Stormwater Measures) for NPDES compliance shall be submitted to the City Engineer. Failure to comply with this Section is subject to "Non-compliance Penalties" pursuant to Section 17.90.050 (Non -Compliance Penalties). Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work. 17.90.030 Wet Weather Erosion Control Plans (WWECP). January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 47 When a grading permit is issued and the City Engineer determines that the grading will not be completed prior to November 1, the owner of the site upon which the grading is 10 being performed shall, on or before October 1, file or cause to be filed a WWECP with the City Engineer. The WWECP shall include specific best management practices to minimize the transport of sediment and protect public or private property from the effects of erosion, flooding, or the deposition of mud, debris, or construction -related pollutants. The best management practices shown on the WWECP shall be installed on, or before, October 15. The plans shall be revised annually or as required by the City Engineer to reflect the current site conditions. The WWECP shall be accompanied by an application for plan check services and plan check fees in an amount to be determined by the City Engineer, up to, but not exceeding, ten percent (l0%) of the original grading plan check fee. The fee shall be in accordance with the City's current fee schedule established by the Council. Failure to comply with this section is subject to "Non-compliance Penalties" pursuant to Section 17.95.050 (Non -Compliance Penalties). Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work. 17.90.040 Storm Water Pollution Prevention Plan, Effect of Non-compliance. Should the owner fail to submit the SWPPP or WWECP, or fails to install the best management practices, it shall be deemed that a default has occurred under the conditions of the grading permit security. The City Engineer may thereafter enter the property for the purpose of installing, by City forces or by other means, the drainage, erosion control, and other devices shown on the approved plans, or if there are no approved plans, as the City Engineer may deem necessary to protect adjoining property from the effects of erosion, flooding, or the deposition of mud, debris, or construction -related pollutants. The City Engineer may cause the owner of the site to be prosecuted as a violator of this code, or he or she may take both actions. The City Engineer shall have the authority to collect the penalties imposed on the Permittee according to Section 17.95.050(Non- Compliance Penalties). upon determining that the requirements of this section have not been complied with. Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work. 17.90.050 Non-compliance Penalties. If a SWPPP or WWECP is not submitted as prescribed in Sections 17.95.020 (Storm Water Pollution Prevention Plan (SWPPP) and 17.90.030 (Wet Weather Erosion Control Plans (WWECP) the following penalties will apply: IGrading Permit Volume IPenalty January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 48 LJ One (1) — ten thousand (10,000) cubic yards' Fifty dollars ($50) per day Ten thousand and one (10,001) — one hundred thousand (100,000) cubic yards Two hundred and fifty dollars ($250) per day More than one hundred thousand (100,000) cubic yards Five hundred ($500) per day If the best management practices for Storm Water Pollution Prevention and Wet Weather Erosion Control, as approved by the City Engineer, are not installed as prescribed in Section 17.95.010 (General) the following penalties will apply: Grading Permit Volume Penalty One (1) — ten thousand (10,000) cubic yards One hundred dollars ($100) per day Ten thousand and one (10,001) — one hundred thousand (100,000) cubic yards Two hundred and fifty ($250) per day More than one hundred thousand (100,000) cubic yards Five hundred ($500) per day A. Costs and Penalties. The penalties imposed by this section, if not paid within thirty (30) days from the date of the notice, shall become a special assessment against the property. • B. Notice of Violation. General. The City Engineer may record a Notice of Violation with the Los Angeles County Recorder's Office when a property is in violation of Section 17.90.010 (General). Recordation of such notice shall be subject to the provisions of subsections (13)(2) and (3) of this section. The remedy provided by this section is cumulative to any other enforcement action permitted by this Code. 2. Recordation. If (1) the City Engineer determines that any property is in violation of this section; and if (2) the City Engineer gives written notice as specified below of said violation; and if (3) within 30 days of said notice, the property is not brought into compliance with this code, the City Engineer may, at their sole discretion, at any time thereafter, record with the County Recorder's Office a notice that the property is in violation of this Code. 3. Contents of Notice. The written notice given pursuant to this section shall indicate: a. The nature of the violation(s); ® January 2013 1 DRAFT Division 17.80 –Grading (17.80-17.95) Page 49 b. Acknowledgement that if the violation is not remedied to the satisfaction of the City Engineer within thirty (30) days, the City Engineer may, at any time thereafter, record with the County Recorder's Office a notice that the property is in violation of this code. The notice shall be posted on the property and shall be mailed to the Owner of the property as indicated on the last equalized Los Angeles County assessment roll. The mailed notice may be registered, certified, or first class mail. The thirty (30) day period for achieving compliance with this code shall run from the date the property is posted or from the date of the mailing of the notice, whichever is later. C. Rescission. Any person who desires to have recorded a notice rescinding the Notice of Violation may present evidence of compliance and payment of penalty fees and costs to the City Engineer. The costs incurred by the City Engineer in the investigation of such violations and the processing of the notice and notification of concerned parties shall be determined by the City Engineer. If the City Engineer determines that such fees have been paid and such costs have been recovered by the City, or that such fees and costs have been placed on the tax rolls as a special assessment, pursuant to Section 25845 of the Government Code, the City Engineer shall record a notice rescinding the prior Notice of Violation.) January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 50 • Chapter 17.95 STANDARD URBAN STORMWATER MITIGATION PLAN IMPLEMENTATION SECTIONS: 17.95.010 Limits of Chapter. 17.95.020 Scope of Chapter. 17.95.030 Definitions. 17.95.040 Rate of Discharge. 17.95.050 Subdivision Design. 17.95.060 Best Management Practices (BMPs). 17.95.070 Control of Erosion of Slopes and Channels. 17.95.080 Signage of Storm Drains. 17.95.090 Outdoor Storage of Materials. 17.95.100 Outdoor Trash Storage Areas. 17.95.110 Maintenance of Best Management Practices. 17.95.120 Design Standards for Best Management Practices. 17.95.130 Loading Docks. 17.95.140 Repair and Maintenance Bays. 17.95.150 Wash Areas. 17.95.160 Restaurants. 17.95.170 Retail Gasoline Outlets. 17.95.180 Parking Lots. 17.95.190 Violations. 17.95.200 Inspections. 17.95.210 Fees. 17.95.220 Waiver. 17.95.010 Limits of Chapter. Nothing in this chapter shall be interpreted to: A. Infringe any right or power guaranteed by the California Constitution, including any vested property right; or B. Require any action inconsistent with any applicable and lawfully adopted general plan, specific plan, plan amendment, or building code that conforms to the laws of California and the requirements of this chapter; or C. Restrict otherwise lawful land use except as authorized by the laws of California, subject to the limitations of this chapter. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 51 17.95.020 Scope of Chapter. This chapter shall take effect on February 15, 2001, and shall apply only to approval of discretionary (within the meaning of the California Environmental Quality Act, Public Resources Code Section 21000 et seq.) new development or redevelopment projects (as those terms are defined this chapter): A. Single-family residences on graded hillside sites; B. Industrial/commercial developments that disturb one acre or more of surface area; C. Automotive repair shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539); D. Retail gasoline outlets; E. Restaurants (SIC code 5812); F. Home subdivisions of ten (10) or more dwelling units; G. Parking lots five thousand (5,000) feet or more or with twenty-five (25) or more parking spaces and potentially exposed to stormwater runoff, as defined in this chapter. 17.95.030 Definitions. • For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the "Standard Urban Stormwater Mitigation Plan for Los Angeles County and Cities in Los Angeles County" approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000-11, if defined therein, and if not, by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board— Los Angeles, as such permits may be amended from time to time. "Automotive repair shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534 or 7536-7539. "Best management practice" or "BMP" means any schedule of activities, prohibition of practices, maintenance procedure, program, technology, process, siting criteria, operational methods of measures, or other management practices or engineered systems, which when implemented prevent, control, remove, or reduce pollution. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 52 L_J C1 • "Commercial development" means any development on private land that is not residential or a site of an industrial activity, as defined in 40 C.F.R. Section 122.26(b)(14). "Commercial development' includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi -apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes not within the scope of 40 C.F.R. Section 122.26(b)(14). "Directly connected impervious area" ("DCIA") means a land area made impermeable to water from which runoff may enter a storm drainage system without first flowing across a permeable land area. "Greater than nine (9) unit home subdivision" means any subdivision where at least ten (10) single-family or multifamily dwelling units are to be developed. "Hillside" means a parcel in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty-five (25) percent or greater. "Industrial/commercial developments that disturb one acre or more of surface area" means any development on private land that is not residential that disturbs one acre or more of surface area, including, but not limited to, parking areas (see "Commercial development'). "New development" means the subdivision of land, or the construction of structures or other impervious surfaces, or both. "Parking lot" means an area or facility for the temporary parking or storage of motor vehicles used personally or for business or commerce, which contains five thousand (5,000) square feet or more, or twenty-five (25) or more parking spaces, and which is exposed to stormwater. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces. Redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land -disturbing activities related with structural or impervious surfaces. Where redevelopment results in an increase of less than fifty (50) percent of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards apply only to the addition, and not to the entire development. "Restaurant" means a stand-alone facility where prepared food and drinks are sold for consumption, including stationary lunch counters and refreshments stands selling prepared food and drinks for immediate consumption. (See SIC Code 5812). "Restaurant" does not include co -located stalls or food counters in general purpose establishments such as markets and grocery stores. "Retail gasoline outlet" means any facility where gasoline and lubricating oils are sold. "Source control BMP" means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 53 "Storm event" means a rainfall event that produces more than 0.1 inch of • precipitation separated from the previous storm event by at least seventy-two (72) hours of dry weather. "Structural control BMP" means any structural facility designed and constructed to mitigate the adverse impacts of urban runoff pollution (e.g., a canopy, structural enclosure). This category may include both treatment control BMPs and source control BMPs. "Treatment" means the use of physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. 17.95.040 Rate of Discharge. No new development shall increase the peak rate of discharge of stormwater from the developed site if this increase would make downstream erosion more probable. 17.95.050 Subdivision Design. Unless inconsistent with vested rights, the site design for all subdivisions subject to this chapter, to the maximum extent practicable, shall: i A. Concentrate or cluster new development on portions of the site while leaving the remaining land in a natural undisturbed condition; B. Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection; C. Preserve riparian areas and wetlands. 17.95.060 Best Management Practices (BMPs). A. On the date the ordinance codified in this chapter takes effect, those best management practices which are listed in Tables 1 and 2 of the "Standard Urban Stormwater Mitigation Plan for Los Angeles County and Cities in Los Angeles County" approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000-11, shall be deemed to be incorporated by reference and adopted by this City and shall remain in effect until the City Council shall adopt by resolution a guidebook prepared or recommended by the City Engineer, categorizing development and best management practices for each category. • January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 54 0B. The City Engineer may from time to time revise the guidebook, and the City Council may adopt these revisions by resolution. C. No best management practice other than a structural or treatment control best management practice shall be used in any development regulated under this chapter, unless the guidebook recommends that practice. D. No structural or treatment control best management practice may be used in any development regulated under this chapter unless the guidebook recommends that practice. 17.95.070 Control of Erosion of Slopes and Channels. Best management practices used on slopes or channels in new development or redevelopment subject to this chapter shall: A. Convey runoff from tops of slopes; B. Eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable; C. Stabilize soil at permanent channel crossings; • D. Vegetate slopes with native or drought -tolerant species known to control erosion; and E. Dissipate concentrated flows before they enter unlined channels 17.95.080 Signage of Storm Drains. In the project area of new development or redevelopment subject to this chapter, a notice that dumping in storm drains and catch basins is illegal shall be: A. Stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area; B. Posted at all known public accesses to natural or artificial drainage channels within the project area; and C. Maintained to preserve the sign. 17.95.090 Outdoor Storage of Materials. • January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 55 A. All materials stored outdoors in new development or redevelopment subject to this chapter which, if exposed to stormwater, may reasonably be expected to add ®. pollutants to it, shall be thoroughly isolated from contact: 1. With stormwater, by enclosure in a structure; or 2. With stormwater, by a surrounding curb or other containment structure. B. The storage area must be completely covered: 1. By impermeable paving; and 2. Any structure by an overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure. 17.95.100 Outdoor Trash Storage Areas. Except where they serve only single-family residences, solid waste containers in new development or redevelopment subject to this chapter shall be stored in areas that: A. Are isolated from contact with stormwater originating outside the storage area; and B. Are surrounded with a barrier sufficient to prevent all trash from being • transported out of the storage area, except during collection. 17.95.110 Maintenance of Best Management Practices. A. Every person applying to the City for discretionary approval of any new development or redevelopment subject to this chapter, as part of that application, in a signed writing, shall agree to maintain any structural or treatment control best management practice to be implemented in that development through means such as a covenant running with the land (such as covenants, conditions and restriction, commonly known as CC&Rs), CEQA mitigation measures, conditional use permit or other legal agreement (collectively "agreement'). B. The agreement described in subsection (A) of this section shall remain in force until ownership of the developed property has been entirely transferred, and upon transfer, shall be binding on the new owner(s). January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 56 • 17.95.120 Design Standards for Best Management Practices. Except as this chapter may specifically exempt, every structural or treatment control best management practice implemented pursuant to this chapter in new development or redevelopment subject to this chapter, for the area contributing to that practice: A. Shall be adequate to protect from flooding those parts of the contributing area adjacent to drainage channels, according to design criteria the City Engineer may establish; B. Shall be adequate: 1. For the volume of stormwater that, as determined by the formula recommended in "ASCE Manual of Practice No. 87 (1998)," may be collected from the contributing area during a twenty-four (24) hour period in which the total stormwater runoff exceeds eighty-five (85) percent of all runoff volumes that have been measured for twenty-four (24) hour periods for that same area; or 2. To treat, by the method recommended in "California Stormwater Best Management Practices Handbook—Industrial/Commercial (1993)," and as determined there, eighty (80) percent or more volume treatment of the annual volume of stormwater runoff from the contributing area; or ® 3. For the volume of stormwater runoff from the contributing area produced by a storm event of 0.75 inches. r-1 LJ C. Subsection (B) of this section shall not apply to any land area of less than five thousand (5,000) square feet being developed or redeveloped for use by any restaurant, or any retail gasoline outlet. D. Where redevelopment results in an increase of less than fifty (50) percent of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards apply only to the addition, and not to the entire development. (Ord. 03-6 § 1, 3/11/03) 17.95.130 Loading Docks. In any industrial/commercial development that disturbs one acre or more of surface area or in any automotive repair shop, the design of any outdoor loading dock area in new development or redevelopment subject to this chapter shall: A. Use an overhead covering that prevents the entry of stormwater; or B. Prevent the entry of stormwater by diverting it away; and January 2013 1 DRAFT Division 17.80 — Grading (17.80-17.95) Page 57 C. Not conduct stormwater from any truck well directly into a storm drain system. • 17.95.140 Repair and Maintenance Bays. In any industrial/commercial development that disturbs one acre or more of surface area or in any automotive repair shop, in new development or redevelopment subject to this chapter the design of any repair or maintenance bay shall: A. Prevent the entry of stormwater by diverting it away or by locating such bays indoors; and B. Use a drainage system that collects all water from washing and from leaks or spills and stores it in a sump for disposal; and C. Does not conduct stormwater from the bay directly to a storm drain system. 17.95.150 Wash Areas. The design of any wash area for motor vehicles or equipment in new development or redevelopment subject to this chapter shall use: A. An adequate overhead covering; and B. A device that clarifies or otherwise pretreats all wash water; and • C. A drain conducting all treated wash water to a sanitary sewer. 17.95.160 Restaurants. The design of any restaurant subject to this chapter shall include an area for the washing or cleaning of equipment, which: A. If indoors, shall: 1. Be self-contained; 2. Use a grease trap; and 3.. Use a drain conducting all wastewater to a sanitary sewer; and B. If outdoors, shall: Use an overhead covering adequate to prevent contact with stormwater; 2. Be covered with impermeable paving; January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 58 • 3. Be surrounded by a curb or other containment; and • 4. Use a drain conducting all wastewater to a sanitary sewer 17.95.170 Retail Gasoline Outlets. All fuel dispensing areas in any retail gasoline outlet subject to this chapter shall: A. Be covered by a structure that: Extends outward at least as far as the grade break at all points, and 2. Diverts all stormwater away from the fueling area; B. Be paved with a material, other than asphaltic concrete, that is impermeable to water and has a smooth surface with a slope of not less than two (2) percent but not more than four (4) percent; C. Be separated from the rest of the site by a grade break that, to the maximum extent practical, prevents stormwater from entering the fueling area; D. Extend outward at least six and one-half (6.5) feet from the outermost corner of any fuel dispenser, or a distance one foot greater than the combined length of the • dispensing hose and nozzle, whichever distance is less. 17.95.180 Parking Lots. • To the maximum extent practical, all parking lots subject to this chapter shall minimize off-site transport of pollutants by using the following design criteria and BMPs: A. Minimizing impervious land coverage; B. Providing for effective treatment or infiltration of stormwater before it is discharged into storm drains; and C. Use of operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons. 17.95.190 Violations. A. Violation of any provision of this chapter shall be both a misdemeanor and a public nuisance. B. The remedies specified in this chapter shall not exclude any other legal remedy that may be available to the city. January 2013 1 DRAFT Division 17.80 —Grading (17.80-17.95) Page 59 17.95.200 Inspections. A. The City Engineer and such officers as the City Engineer may designate shall enforce the provisions of this chapter. B. As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this chapter. 17.95.210 Fees. The City Council may establish and fix the amount of fees for services provided under this chapter, as authorized under Sections 66016 and 66018 of the California Government Code. 17.95.220 Waiver. A. Any person required under this chapter to implement a structural or treatment control best management practice may petition to the City Council to waive that requirement as impractical, provided the petitioner has in good faith considered and rejected as not feasible all such practices available. B. The City Council may waive a structural or treatment control best management practice as impractical if: Inadequate space for treatment exists on a redevelopment project; or 2. Soil conditions strongly disfavor the use of infiltration; or 3. The natural land surface where the BMP would be located lies: a. Above a known unconfined aquifer, or b. Less than ten (10) feet above an existing or potential source of drinking water. C. Any petition for waiver not falling within the foregoing categories shall be forwarded. to the Regional Board for consideration. 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O E JO �.c ° O� � O 3 2 .0 -Sd O - .• m n r n v 000 M O r o b � g� U b � PC U to to tl•ybj N 0mot A O abi 0 Sw C U tC y 7 7 d 0 .m U 0 Oq d o � b ELU y Oto •� O m H y V 0 y b O O pq ❑ p '� y V y V tC iG+ N •>.� d� q --, ctl� q cq N y y? O V p V .G ca . FVi d b 0. rr� q V Q' q V N q O w o co b q ter.. U U z� p o e O ai c y y v a U tV 'IR a a r - c EXHIBIT F OF ORDINANCE NO.13- MUNICIPAL CODE AMENDMENTS FOR TITLE 17 REFERENCES Chapter 8.20 - Dogs 8.20.215 Spaying or Neutering - Number Allowed When. In the event that all dogs are spayed or neutered, up to four (4) dogs may be kept pursuant to Section 1:7.17.02017.62.030 (Keeping of Small Animals). Chapter 8.24 - Cats 8.24.080 Spaying or Neutering - Number Allowed When. In the event that all cats are spayed or neutered, up to ten (10) cats may be kept pursuant to Section ".'017.62.030 (Keeping of Small Animals). Chapter 11.12 - Interference With City Property or Notices 11.12.080 Alternative Penalty—Noncommercial Signage A. Notwithstanding section 11.12.070, any noncommercial sign (as defined in Section '''.'r,-.9��17.11.020 (Definitions)) placed or maintained in violation of Section 11.12.020 or 11. 12.030 and removed pursuant to this chapter, except any sign of de minimis value, will be held by the City in storage and the owner or other person in control of the illegally placed or maintained sign must be given written notice to a) reclaim such sign within ten (10) days, subject to the citation and imposition of fines contemplated by section 11.12.070, or b) avoid the issuance of a citation, thereby foregoing any appeal right, and instead elect the alternative penalty set forth pursuant to subsection (B) of this Section within ten (10) days of the notice. In the event the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained sign, no notice is required and the sign may be destroyed by the City. Chapter 13.24 - Newsracks 13.24.110 - Special Standards Districts. A. The City Council finds that those areas in the City which have been designated "special standards districts" ("districts") pursuant to the City's municipal code at Sections 17.39.010 (Happy Valley Special Standards District).1.88017.39.020 (Placenta Canyon Special Standards District 1:7.16.090and 17.39.030 (Sand Canyon Special Standards District) and '� 17.16-r00, and as may be added to the City code by amendment process, due to their unique characteristics require a different set of standards for newsracks as provided below. EXHIBIT G OF ORDINANCE NO. 13 - NEGATIVE DECLARATION / INITIAL STUDY CITY OF SANTA CLARITA NEGATIVE DECLARATION [X] Proposed [] Final MASTER CASE NO: Master Case 13-009 PERMIT/PROJECT NAME: Unified Development Code Amendment 13-001 and Zone Change 13-001 APPLICANT: City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Valencia, CA 91355 LOCATION OF THE PROJECT: Citywide DESCRIPTION OF T14E PROJECT: The proposed update to the UDC is a comprehensive update of the entire Code document, preserving the character of the City of Santa Clarita, while bringing the regulating Code up to the standards of the new General Plan. The new General Plan was based on the principles of the New Urbanism to create a mix of uses throughout the City, facilitate the pedestrian connectivity in the City, along with achieving a ratio of two (2) jobs to each housing unit in the City. This would enable residential developments to create pockets of commercial services in close proximity, while enabling commercial development to incorporate residential uses where appropriate. The synergy created by mixing uses serves to shorten vehicle trips, reducing vehicle miles traveled, encouraging alternative transportation modes, and thus reducing greenhouse gas emissions in the City. The UDC weaves these strategies into the implementing Code language in accordance with the goals and objectives of the General Plan. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15070 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 W. Hogan, AICP PLANNING MANAGER Prepared by: Patrick Leciair, Associate Planner (Signature) (Name/Title) Approved by: Jeff Hogan, AICP, Planning Manager (Signature) (Name/Title) Public Review Period From March 5, 2013 To And] 4, 2013 Public Notice Given On February 26. 2013 [X] Legal Advertisement [ ] Posting of Properties [ ] Written Notice CERTIFICATION DATE: 5:\CD\UDC Update\EmimmmnUa ft-UDC.doc M INITIAL STUDY CITY OF SANTA CLARITA Project Title/Master Case Number: Master Case 13-009 Unified Development Code Amendment (UDC 13-001) Zone Change (ZC 13-001) Lead Agency name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 Contact person and phone number: James Chow 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 updating the Unified Development Code (UDC or Code) to ensure consistency with the General Plan, adopted on June 14, 2011. This initial study shall serve as the environmental analysis in accordance with the California Environmental Quality Act (CEQA) for the update to the City's UDC and zoning map. A Program Environmental Impact Report (EIR) was certified for the City's General Plan on June 14, 2011. In addition, the City adopted its Climate Action Plan (CAP) and CAP Initial Study/Negative Declaration on August 28, 2012. This Initial Study shall tier off of the findings of the EIR prepared for the General Plan, and shall further be in compliance with the City's Climate Action Plan to ensure that the City's greenhouse gas emissions are reduced in accordance with State Law. General Plan EIR This initial study is a tiered document in accordance with Section 15152(b) of CEQA. In accordance with this Section, agencies are "encouraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects" in an effort to avoid "repetitive discussions on the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review." The approval of the update to the UDC is implementing the General Plan by adopting a new Code and zoning map, consistent with the goals, policies, and objectives outlined in the General Plan. After a comprehensive General Plan update, cities are required to conform their zoning codes to the updated General Plan in accordance with the State Government Code Section 65860. Potential environmental impacts were analyzed by the EIR prepared for the General Plan and Initial Study/Negative Declaration prepared for the CAP. The UDC update is consistent with the General Plan, as required by State law, therefore, the UDC update will not cause environmental impacts other than those identified and mitigated by the General Plan EIR and CAP Initial Study/Negative Declaration. As set forth in the balance of this document, the proposed UDC revisions do not result in any environmental impacts not previously identified and discussed in the General Plan EIR and CAP Negative Declaration documents. Further, the incremental effects of this UDC update do not result in any new significant cumulative effects on the environment. A copy of the EIR certified for the General Plan and the Initial Study/Negative Declaration certified for the CAP is available for review at the City of Santa Clarita Permit Center at 23920 Valencia Boulevard, Suite 140, Santa Clarita, CA 91355. Proposed Project The proposed update to the UDC is a comprehensive update of the entire Code document, preserving the character of the City of Santa Clarita, while bringing the regulating Code up to the standards of the new General Plan. The new General Plan was based on the principles of the New Urbanism to create a mix of uses throughout the City, facilitate the pedestrian connectivity in the City, along with achieving a ratio of two (2) jobs to each housing unit in the City. This qO would enable residential developments to create pockets of commercial services in close proximity, while enabling commercial development to incorporate residential uses where appropriate. The synergy created by mixing uses serves to shorten vehicle trips, reducing vehicle miles traveled, encouraging alternative transportation modes, and thus reducing greenhouse gas emissions in the City. The UDC weaves these strategies into the implementing Code language in accordance with the goals and objectives of the General Plan. The proposed changes to the Code document are too extensive to include in this project description, however a summary of the major changes has been provided to summarize the changes proposed at this time: • Updates to the zoning map and updated overlay zone map to ensure consistency with the General Plan. The City's General Plan created new land use designations for both residential uses, commercial/industrial uses, open space uses, and for the first time, a mixed use designation was introduced in the City. This update will incorporate these changes to the zoning map, and will further include overlay zones including the Vehicle Services, Vehicle Dealer Sales, Movie Ranch, Mobile Home Park, Mixed Use, and Ridgeline Preservation overlay zones; • Amended standards and regulations to implement the General Plan goals and policies. The City's General Plan includes new, revised, and updated goals and policies to ensure the implementation of the General Plan. The proposed UDC updates have considered each of these goals and policies and has incorporated them to the amended Code language where applicable; • A comprehensive update to the Administration and General Procedures sections of the UDC. Over the 25 years of the City's UDC, staff has created new, expanded existing, and deleted processes and procedures. Some of these procedures are not as clearly defined and require clarification. As such, staff has updated the Administration and General Procedures sections of the UDC to clarify procedures for obtaining �I land use approvals in the City; • The creation of a new classification system for Permits and Applications. The current UDC creates processes for each entitlement, often duplicating the same process in multiple entitlements. Staff is proposing to create a classification system for all entitlement applications. The proposed classification system would create seven (7) classes of permits that fit each of the procedures for the entitlements outlined in the UDC; • New numbering and formatting of the UDC. Based on the reorganization of the UDC, a new numbering format has been created to clearly lay out the Divisions, Sections, and Subsections of the new document; • Updated residential, commercial/industrial, and mixed use standards. In the City's 25 years, it has seen various trends in development, along with various technological advancements in the construction industry. The proposed UDC incorporates these changes into the new Code to allow for the development of the City into the future; • Improvements to make the document more user- friendly. The UDC has been reviewed for its ease of use and accessibility for the community and developers alike. Staff is proposing various improvements including updated graphics to the Code that will make it more user-friendly. The most significant of these improvements includes the reorganization of the UDC to incorporate the list of use types, definitions, and parking standards into one Code section. This will make it easier for users to identify what land use type their business is considered, what zone their business would be allowed to be located in, what type of entitlement may be required, and what parking would be required for their business. Currently, users have to flip back and forth between three different sections of the UDC to determine these basic steps of the development process; and • New section of the UDC to establish the creation of corridor plans within the City. In an 21 effort to target various locations in the City that might benefit from focused planning, or may benefit from specific or redevelopment guidelines, staff is proposing to create Corridor Plans. Each of these plans would comply with the General Plan and zoning code, but would have specific development standards that will guide projects within each of these designated corridor planning areas. The Lyons Avenue Corridor is the first planning area that was identified for the creation of a corridor plan. The Lyons Corridor Plan is being prepared as part of Master Case 10-103 and will be evaluated by separate document under CEQA. Surrounding land uses: N/A Other public agencies whose N/A approval is required: B 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 napes. [ ] Aesthetics [ ] Agriculture Resources [ ] Air Quality [ ] Biological Resources [ ] Cultural Resources [ ] Geology / Soils [ ] Greenhouse Gas [ ] Hazards & Hazardous [ ] Hydrology / Water Emissions Materials Quality [ ] Land Use / Planning [ ] Mineral Resources [ ] Noise [ ] Population / Housing [ ] Public Services [ ] Recreation Mandatory Findings of Transportation / Traffic Utilities / Service Systems 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 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. yq [ ] 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 proposed project, nothing further is required. Patrick Leclair, Associate Planner Date Jeff W. Hogan, AICP, Planning Manager Date X15 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? [ ] [ ] [ ] [X] b) Substantially damage scenic resources, including, but [ ] [ ] [ ] [X] 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 [ ] [ ] [ ] [X] quality of the site and its surroundings? d) Create a new source of substantial light or glare that [ ] [ ] [ ] [X] would adversely affect day or nighttime views in the area? e) Other [ ] [ ] [ ] [ ] II. AGRICULTURE AND FOREST 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. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. 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? I� Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Conflict with existing zoning for agricultural use, or [ ] [ ] [ ] [X] a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g)), timberland (as defined by Public [ ] [ ] [ ] [X] Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of [ ] [ ] [ ] [X] forest land to non -forest use? e) 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? 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? 11 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation 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? b) Have a substantial adverse effect on any riparian [ ] 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? f) Conflict with the provisions of an adopted Habitat [ ] Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [X] [X] [X] [X] [X] [X] TH 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? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 115064.5? 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? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] Cl [j [Xj [j 11 [] [X] [] [] 11 [Xl [] [j [j [X] H [] H [Xj [] [j [] [Xj [j [j U [Xj V4 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation iii) Seismic -related ground failure, including [ j [] [] [X] liquefaction? iv) Landslides? b) Result in substantial wind or water soil erosion or the loss of topsoil, either on or off site? c) Be located on a geologic unit or soil that is unstable, 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- 1-13 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 [l [j H [Xl [] H [j [Xj [] [l [] [X] VII. GREENHOUSE GAS EMISSIONS- Would the project: [Xj [Xj 50 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on [ ] [ ] [ ] [X] the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the [ ] [ ] [ ] [X] emissions of greenhouse gasses? VIII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the [ ] [ ] [ ] [X] environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the [ ] [ ] [ ] [X] 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 [ ] [ ] [ ] [X] 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 [ ] [ ] [ ] [X] 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 [ ] [ ] [ ] [X] 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, [ ] [ ] [ ] [X] would the project result in a safety hazard for people residing or working in the project area? 51 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation g) Impair implementation of or physically interfere with [ ] [ ] [ ] [X] an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of [ ] [ ] [ ] [X] loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? i) Exposure of people to existing sources of potential [ ] [ ] [ ] IN health hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? j)Other I I I I IX. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste [ ] [ ] [ ] [X] 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? 52_ Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation 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 stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [ ] [ ] [ ] [X] 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 [ ] [ ] [ ] [X] 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? 1) Other modification of a wash, channel creek or river? [ ] [ ] [ ] [X] 1) Impact Stormwater Management in any of the following ways: i) Potential impact of project construction and [ ] [ ] [ ] [X] project post -construction activity on storm water runoff? 53 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation 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 [ ] [ ] [ ] [X] increases in erosion of the project site or surrounding areas? 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.) A Cause harm to the biological integrity of drainage [ ] [ ] [ ] [X] 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? X. LAND USE AND PLANNING - Would the project: a) Disrupt or physically divide an established [ ] [ ] [ ] [X] community (including a low-income or minority community)? 5� Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Conflict with any applicable land use plan, policy, or [ ] [ ] [ ] [X] 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 [ ] [ ] [ ] [X] plan, natural community conservation plan, and/or policies by agencies with jurisdiction over the project? XI. NUNERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral [ ] [ ] [ ] [X] resource that would be of value to the region and the residents of the state? 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? XII. 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 [] [] I [X] groundborne vibration or groundbome noise levels? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation 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? XIII. 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 of roads 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? XIV. PUBLIC SERVICES - Would the project result in: 5l0 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation 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? [ ] XV. 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? b) Include recreational facilities or require the [ ] construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XVI. TRANSPORTATION/TRAFFIC - Would the project: 0 [tal 5`l Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation a) Conflict with an applicable pian, ordinance or policy [ ] [ ] [ ] [X] establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management [ ] [ ] [ ] [X] program, including, but not limited to level of service standard and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including [ ] [ ] [ ] [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? [ ] [ ] [ ] [X] f) Conflict with adopted policies, plans, or programs [ ] [ ] [ ] IN regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? g) Hazards or barriers for pedestrians or bicyclists? [ ] [ ] [ ] [X] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the [ ] [ ] [ ] [X] applicable Regional Water Quality Control Board? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation 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? f) 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 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? [] [] [X] [] [] [X] M Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation 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 [ ] [ ] [ ] [X] 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." /I D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections I Evaluation of Impacts I. AESTHETICS a. -d.) No Impact: The City of Santa Clarita is located within Southern California's Santa Clarita Valley, which is bound by the San Gabriel Mountains to the south and east, the Santa Susana 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 much of 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 City's General Plan was adopted in June 14, 2011, and included the certification of an Environmental Impact Report (EIR) addressing the possible environmental impacts associated with the implementation of the General Plan. This Initial Study is for the amendments to the UDC to bring the Code into compliance with the adopted General Plan. Section 3.6 of the General Plan analyzed the potential impacts to aesthetics. The EIR determined that all impacts relating to aesthetics were anticipated to be less than significant with the buildout of the General Plan and no mitigation measures were required for aesthetics. The proposed changes to the Code have been prepared to implement the goals and policies of the General Plan, and further designed to limit any impacts to aesthetics in the City. As discussed, the proposed changes include a reorganization of the Code to make the Code more user-friendly, updates to clarify the application processes and procedures for land use entitlements, as well as updates to the residential, commercial/industrial, and mixed use development standards to keep up with the trends in planning as well as to keep consistent with the General Plan. Ridgeline and Oak Trees The proposed changes to the UDC do not impact scenic resources in the City including oak trees and protected ridgelines. The oak and ridgeline/hillside sections remain substantially in tact with minor alterations to address procedural clarifications and minor consistency changes in these sections to address the formatting changes of the new Code. The City's General Plan Policies LU 6.1.1 and CO 2.2.3 seek to preserve designated ridgelines stated in both the Land Use and Conservation Elements to "Preserve designated natural ridgelines from development by ensuring a minimum distance for grading and development from these ridgelines of 50 feet or more if determined W appropriate by the reviewing authority based on site conditions, to maintain the Santa Clarita Valley's distinctive community character and preserve the scenic setting." To implement this policy, staff is recommending that the RPO be redefined as the top 100 feet of any General Plan -designated ridgeline measured both vertically from the peak, as well as horizontally from the peak. Any proposed development within either of these measurements will be subject to a Ridgeline Alteration Permit, subject to the approval of the City Council. All future projects impacting a ridgeline will therefore be required to conduct additional environmental review to determine the impacts, if any, to the environment as a result of the proposed development. This modification to the Code will implement the General Plan and will further ensure that there will be no significant impact to ridgelines in the City. Landscape and Lighting New Code sections are proposed with respect to landscape and lighting. The existing UDC contains code language dispersed throughout the UDC that address landscape and lighting requirements. The proposed Code consolidates each of the lighting and landscape requirements in their own sections of the Code. In addition, the City's standard practices/guidelines have been incorporated into these sections. The landscape section of the proposed UDC has been further updated to include language to reduce the use of water for landscape areas in accordance with the California Assembly Bill AB 1881. As identified in the General Plan EIR, implementation of the General Plan would introduce new sources of light and glare in the City that could have a significant impact if not addressed. The General Plan includes Policies CO 3.6.1, 8.2.4 and 8.3.9 of the Conservation and Open Space Element to address lighting. As stated above, the proposed changes to the UDC consolidate the lighting standards in one section of the Code. The UDC currently requires that lighting be directed down and shielded from neighboring properties. However, the proposed lighting section of the UDC now incorporates additional parameters for the use of outdoor lighting, limiting the use of lighting other than security lighting after 10:00 p.m. The introduction of these standards will implement the Policies of the General Plan ensuring that there will be no further impact to lighting as a result of the proposed amendments to the UDC. The proposed Code changes include a reorganization of the Code document to make it more user-friendly, with additional changes to �3 implement the General Plan. Based on the amendments proposed to the UDC that address aesthetics and scenic resources, impacts as a result of the Code changes are consistent with the General Plan and are not anticipated to have any further impact to the environment than what has been previously considered under CEQA. At the time future development projects are submitted to the City, they would be required to comply with CEQA and prepare an analysis of the projects potential impacts relating to aesthetics and the City's UDC and General Plan in place at that time. Therefore, based on the EIR prepared for the General Plan, and the changes proposed to the UDC at this time, no impact to aesthetics is anticipated and no further analysis is required. II. AGRICULTURE a.-e.) No Impact — The proposed amendments to the UDC will not RESOURCES 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. Further, the amendments will not impact any forest lands, or any timberland zoned Timberland Production by the Government Code Section 51104(g). The EIR prepared for the General Plan analyzes the potential impacts to agriculture resources in Section 3.5 of the EIR. The EIR identifies there would be a significant impact to Important Farmlands due to areas in the City's Sphere of Influence being converted to Urban Land Use designations. No mitigation measures were required and a Statement of Overriding Considerations (SOC) was adopted for agriculture resources. However, none of the Important Farmland areas identified in the EIR are located within the City's boundary, or its recently annexed areas, and will therefore not be subject to the proposed Code. Should any important farmland areas be annexed to the City and considered for development, further analysis under CEQA would need to be completed. However, no resources are located within the City's jurisdiction and will therefore be no impacts to agriculture resources. Therefore, based on the EIR prepared for the General Plan, and the changes proposed to the UDC at this time, no impact to agricultural, farmland, or forest resources is anticipated and no further analysis is required. III. AIR QUALITY a.-e.) No 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 . �3 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 forecasts are consistent with the AQMD. The proposed amendments to the UDC will not alter any of the aforementioned measures directly in that the proposed amendments will address the implementation of the General Plan. Modifications to the Code are proposed that would reformat the text of the Code to make it more user-friendly, as well as creating new sections of the Code to address land uses to provide for a mix of uses throughout the City, reducing the number and length of vehicle trips in the City. The EIR prepared for the General Plan discusses air quality impacts in Section 3.3 of the EIR. The EIR identifies that there would be impacts to air quality that require mitigation for both construction - related and operations -related air quality. The EIR proposes the implementation of mitigation measures 3.3-1 to 3.3-9 to mitigate any potential air quality impacts associated with the implementation of the General Plan. Impacts included both construction -related and operations -related impacts a result of possible grading, odors, and emissions related to residential and commercial operations. The General Plan EIR determined that with the implementation of these mitigation measures, the impacts to air quality will likely be significant and unavoidable and an SOC was adopted for air quality. However, since the proposed amendments to the UDC are implementing the General Plan, no further mitigation would be required for the proposed amendments to the UDC. Future projects 0 developed under the proposed Code amendments would be subject to appropriate CEQA analysis to determine impacts, if any, to air quality to ensure compliance with the General Plan and the required mitigation measures established in the General Plan EIR. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to air quality is anticipated with the proposed amendments and no further analysis is required. IV. BIOLOGICAL a. -g.) No Impact — The proposed amendments to the UDC, in and of RESOURCES themselves 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 amendments will not have any direct adverse impact on any riparian habitat, wetlands as defined by Section 404 of the Clean Water Act. The proposed UDC amendments are being established to implement the General Plan, including a number of changes addressing formatting of the document itself, changes to make the document more user-friendly, and further amendments to codify processes and procedures that are either new, or unclear. The implementation of projects within the General Plan area, or associated with the implementation of the zoning map or the Code itself, have the potential to impact biological species on a project by project basis. Further, the amendments to the UDC include an update to the Significant Ecological Area (SEA) overlay map to reflect the SEA areas identified in the General Plan. The Code will further include language that will require additional biological studies for all development within an SEA. The EIR prepared for the General Plan analyzes the potential impacts to biological resources in section 3.7 of the EIR. The EIR identifies that potential impacts related to biological resources would exist as a result of the implementation of the General Plan including impacts to special status species of flora and fauna, impacts to possible "blueline" streams, and possible impacts to conservation plans in the City. However, the extent of these potential impacts cannot be identified at this time and will require further analysis on a project by project basis. The General Plan incorporated mitigation measures MM 3.7-1 to MM 3.7-3 to address the possible impacts to biological resources. However, these mitigation measures are not anticipated to address the potential impacts to biological resources and an SOC was adopted for biological resources. The changes proposed at this time are regulatory in nature and are not development specific. The mitigation measures identified in the 6-5 General Plan will address project specific impacts requiring additional studies at the time development is proposed in the City. However, the proposed changes to the UDC at this time reorganize the UDC to make it more user-friendly and further implement the General Plan. Therefore, based on the EIR prepared for the General Plan, the proposed UDC amendments are not anticipated to have an impact to biological resources and no further analysis is required. V. CULTURAL a. -d.) No Impact — The General Plan identifies resources of historic RESOURCES significance to the City of Santa Clarita, as well as resources that have historical significance to the State of California. To further protect these resources, as well as provide for regulations for the treatment of historical structures in the City, the City Council has adopted a Historic Preservation Ordinance on January 8, 2013. The proposed amendments to the UDC will include this recently adopted ordinance, as approved by the City Council. Further impacts associated with historical resources have been considered in the EIR prepared for the General Plan. As the implementing document of the General Plan, the proposed UDC amendments must comply with the recommendations of the EIR prepared for the General Plan. The proposed amendments to the UDC will not have any further impact on cultural resources in the City of Santa Clarita as they will not alter any unique geological feature, paleontological resource, any human remains or affect any historical or archeological resource. The EIR prepared for the General Plan analyzed potential impacts to cultural resources in Section 3.8 of the EIR. The EIR determined that mitigation measures MM 3.8-1 to 3.8-7 would be necessary to address any possible impacts to cultural resources. These measures require further studies on a project specific basis will be required to determine if any possible cultural resources or unique paleontological resources exist on a.project site. Should any resources be identified in any future studies or found during any construction activities, the proper authorities would be notified to ensure that the proper measures are taken to preserve all identified resources. With the incorporation of the above mitigation measures, the General Plan EIR determined that all impacts would be reduced to a less than significant level. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to archeological, historical, or cultural resource would be caused by the proposed UDC amendments and no further analysis is required. VI. GEOLOGY AND a. -i.) 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 amendments to the UDC would not change the requirements of future development to follow all state and City building codes/regulations. The proposed amendments will implement the General Plan by establishing a zoning code to guide future development in the City. Although no construction is proposed at this time, any future construction would be required to address the geologic and/or soils conditions on their project site prior to the issuance of any permits on the project site. The changes to the UDC proposed at this time are regulatory in nature to reorganize the Code to make it more user-friendly and to further implement the General Plan. The EIR prepared for the General Plan analyzed the possible impacts to geology and soils in Section 3.9 of the EIR. Mitigation measures MM 3.9-1 to MM 3.9-9 were identified and are anticipated to reduce any impacts associated with future development to less than significant impacts. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact related to geology and soils is anticipated and no further analysis is required. VII. GREENHOUSE a. -b.) No Impact — "Greenhouse gases" (so called because of their GAS EMISSIONS role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as "global warming." These greenhouse gases contribute to an increase in the temperature of the earth's atmosphere. The principal greenhouse gases (GHGs) include carbon dioxide (CO2), methane, and nitrous oxide. Collectively GHGs are measured as carbon dioxide equivalent (CO2e). Fossil fuel consumption in the transportation sector (on -road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one- fourth of total emissions. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. GHG statues and executive orders (EO) include Assembly Bill (AB) 32, Senate Bill (SB) 1368, Executive Order (EO) S-03-05, EO S-20-06 and EO S-01-07. 0 AB 32, the California Global Warming Solutions Act of 2006, is one of the most significant pieces of environmental legislation that California has adopted. Among other things, it is designed to maintain California's reputation as a "national and international leader on energy conservation and environmental stewardship." Most notably AB 32 mandates that by 2020, California's GHG emissions be reduced to 1990 levels. The EIR prepared for the General Plan analyzed the impacts related to global climate change in Section 3.4 of the General Plan EIR. The analysis in the General Plan EIR determined that mitigation measures MM 3.4-1 to MM 3.4-16 were required to reduce impacts to global climate change. With these mitigation measures, the impacts to global climate change were considered to be significant and a Statement of Overriding Considerations was adopted related to global climate change. However, Policy C08.1.1 of the Conservation Element of the General Plan required that a Climate action Plan (CAP) be adopted within 18 months of the certification of the City's General Plan to ensure that the City will be able to achieve California's State -mandated targets to reduce greenhouse gas emissions to 1990 levels by 2020. On August 28, 2012, the City of Santa Clarita adopted a Climate Action Plan (CAP) in compliance with the General Plan policy. The CAP used the baseline year of 2005 in comparison to the impacts associated with the General Plan land use designations to establish the mitigation measures required to reduce the greenhouse gas emissions. The CAP determined that projects in compliance with the General Plan are consistent with the CAP. The proposed UDC amendments would bring the Code into compliance with the General Plan and therefore would be in compliance with the CAP. Therefore, based on the EIR prepared for the General Plan, the CAP prepared for the City, and the proposed amendments, no further impact related to greenhouse gas emissions is anticipated and no further analysis is required. VIII. HAZARDS AND a. -i.) No Impact — The proposed amendments to the UDC would not HAZARDOUS directly expose people to health hazards or hazardous materials, MATERIALS interfere with any emergency response plans, or any land use within 2 miles of an airport, airfield, or otherwise impact any airport land use plan. The proposed amendments to the Unified Development Code will reorganize the Code document to make it more user- friendly and will further implement the goals and policies of the General Plan. The General Plan EIR analyzed the impacts to hazards and hazardous material in Section 3.11 of the EIR, finding that no E mitigation measures related to hazards or hazardous materials were required. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact related to hazards and hazardous materials is anticipated and no finther analysis is required. IX. HYDROLOGY a.-1.) No Impact — The City of Santa Clarita has an interconnected AND WATER system of waterways that lead to the Santa Clara River. Development QUALITY in the City is required to reduce the alteration of flows, impeding flows, and further changing flows of water that would impact properties and resources both up and/or down -stream. Prior to the installation of any improvements, developers must demonstrate that the improvements will not have an impact on the path or velocity of water flow off of the site. Further, development in the City must comply with the National Pollutant Discharge Elimination System (NPDES) having the responsibility to ensure that water is properly treated prior to leaving a project site and discharging into any stormwater drainage facility. The proposed amendments to the UDC are not changing any development standards that would impact these requirements. The EIR for the General Plan evaluated the potential impacts to hydrology and water quality in Section 3.12 of the EIR. The EIR determined that there could be impacts associated with hydrology and water quality, and required that mitigation measures MM 3.12-1 to MM 3.12-5 be incorporated to mitigate all potential impacts. With these mitigation measures, all impacts would be reduced to less than significant levels, requiring all development to demonstrate compliance with the NPDES standards prior to the issuance of any permits for development on a project site. Further, prior to any permits, development would also be required to demonstrate that there would be no impact to any floodway, water way, or other drainage course as a result of the proposed project. The proposed amendments are regulatory in nature and are not anticipated to change any of these standards as they currently exist in the UDC or in the Municipal Code of the City of Santa Clarita. The amendments will not result in direct impacts on hydrology and water quality. Further, the proposed amendments are not anticipated to impact any 100 -year flood hazard area, tsunami, drainage pattern, or runoff of Stormwater Management systems. Any construction related activity within the City would comply with the zoning codes in place at the time that revisions are requested, including any additional CEQA review if required. p Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to hydrology and water quality is anticipated and no further analysis is required. X. LAND USE AND a.-c.) No Impact — No established community would be disrupted or PLANNING physically divided due to the proposed amendments, and therefore, no impact is anticipated. The proposed amendments to the UDC are to implement the implement the General Plan adopted by the City on June 14, 2011. As described above, the proposed changes will include a number of modifications including reformatting the Code to be more user- friendly, clearly identifying application procedures for entitlement applications, updating the zoning map to be consistent with the new General Plan designations, as well as updates to the Code to implement the General Plan Goals and Policies. The General Plan seeks to maintain the existing character of developed neighborhoods, villages, and communities, while encouraging infill development and maintaining a jobs to housing balance of 2:1. This Code is the implementing tool to achieve the objectives of the General Plan as it will serve as the regulatory framework for future development in the City. The EIR prepared for the General Plan comprehensively analyzes the Goals and Policies of the Land Use Element of the General Plan in section 3.1 of the EIR. Implementation of the Goals and Policies of the General Plan were identified as the mitigation measures associated with Land Use and Planning. With the implementation of the Goals and Policies of the General Plan all potential impacts related to land use and planning would be reduced to less than significant levels. 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 since no development is proposed at this time. All future development would be subject to the standards and regulations established by the City at the time development is proposed. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to land use and planning is anticipated and no further analysis is required. XI. MINERAL AND a.-c.) No Impact — Gold mining and oil production historically have ENERGY been the principal mineral extraction activities in and around the RESOURCES 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 CO -2 of the City's General Plan. The proposed UDC amendment is not expected to affect mineral resources in the City as the proposed amendments include the Mineral Oil Conservation Area (MOCA) overlay zone. One area is proposed for expansion of the MOCA overlay zone for the property controlled by The Gas Company at the northwest corner of Newhall Ranch Road and Aurora Drive. The Gas Company has historically extracted oil in this area as a part of operations and anticipates that this would continue into the future. Allowing the MOCA overlay in this area will provide a permit process for the expansion of new wells in this area. However, this expansion will not permit any additional wells or extraction at this time. Should any oil extraction be expanded or introduced in this area beyond the existing operations, additional review under CEQA will be required to determine if any project specific impacts exist. The EIR prepared for the General Plan evaluates the impacts to mineral and energy resources in Section 3.10 of the EIR. The EIR did not identify the need for any mitigation measures as all impacts were anticipated to be less than significant relating to mineral and energy resources. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to mineral and energy resources is anticipated and no further analysis is required. XII. NOISE a. -i) No Impact — The proposed amendments to the UDC will not expose persons to the generation of a significant increase in noise levels, groundborne vibration, or increase ambient noise The proposed amendments to the Unified Development Code address various clean-up items, the reorganization of the Code into a user- friendly document, and implementation of the General Plan as approved by the City Council. The UDC amendment, does not propose any development and therefore, there would not be a direct impact to noise levels in 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. The EIR prepared for the General Plan determined that the impacts associated with construction and operational related noise impacts will be significant an unavoidable, even with the mitigation proposed under 3.18-1 to limit the use of pile driving activities during construction. Since the proposed Code amendments are implementing the General Plan and are not proposing any alterations to 11.44 of the Municipal Code regarding noise standards in the City. The proposed amendments are consistent with the General Plan and will not require any further analysis under CEQA. However, all future development will be sub'ect to CEQA and would be required to analyze possible project T lc -,a- specific noise impacts and incorporate all feasible mitigation measures to reduce any identified impacts. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to noise is anticipated and no further analysis is required. XIII. POPULATION a. -c.) No Impact - The proposed amendments to the UDC would not AND HOUSING induce substantial population growth in the Santa Clarita Valley beyond what was considered in the General Plan. The proposed amendments to the Code include various clean-up items, a reorganization of the Code to make it user-friendly, and the implementation of the General Plan. Further, the proposed amendments include updates to the property development standards in the UDC to be consistent with, and implement, the goals and policies of the General Plan. The UDC updated will further implement the applicable housing element policies outlined in the General Plan. The EIR prepared for the General Plan analyzed the potential impacts to population and housing in section 3.19 of the EIR, determining that there would be no impacts related to population and housing. No mitigation measures relating to population and housing were required. The proposed amendments are predominantly a regulatory adjustment and do not include any development activity. The proposed UDC amendments would not alter the City's population projections and would be consistent with the City's General Plan. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to population and housing is anticipated and no further analysis is required. XIV. PUBLIC a)i.-iv No Impact - The proposed amendments will not directly SERVICES increase the need for additional fire, police, schools, or libraries. However, any future development would be subject to any applicable development fees, which are established to compensate for growth. Since, the proposed UDC amendments are not anticipated to have a direct impact on fire protection services, and future development would remain subject to development fees, the amendments would have no impact to services in the City. The proposed amendments include various clean-up items, a reorganization of the Code to make it user-friendly, and the implementation of the General Plan. Further, the EIR prepared for the General Plan analyzed the potential impacts associated with public services in Section 3.15 of the EIR. The EIR found that three mitigation measures including mitigation measures MM 3.15-1 to MM 3.15-4 which require individual development a lications topay the applicable development impact fees lc -,a- 13 associated with their development prior to the applicable timeline established by the jurisdiction responsible for the regulatory fee. With the payment of the applicable development impact fees impacts to public services would be mitigated to less than significant levels. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to public services is anticipated and no further analysis is required. XV. RECREATION a. -b.) No Impact — The proposed amendments to the UDC will not have any impact on recreational amenities within the City of Santa Clarita. The proposed amendments to the Code include various clean-up items, a reorganization of the Code to make it user-friendly, and the implementation of the General Plan. The General Plan EIR evaluated the impacts associated with recreation in Section 3.16 of the EIR. The EIR determined that there would be no impact to recreation facilities and no mitigation measures were required for recreational facilities. The proposed project does not include any development activities at this time and all subsequent approvals would be required to comply with the Open Space and Conservation Element in the City's General Plan and would be subject to the City's park impact fees. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to recreation is anticipated and no further analysis is required. XVI. a. -g.) No Impact — The proposed amendments to the UDC are TRANSPORTATION / regulatory in nature and are not anticipated to have direct TRAFFIC developmental impacts that alter traffic load or capacity on street systems. The proposed amendments to the Code include various clean-up items, a reorganization of the Code to make it user-friendly, and the implementation of the General Plan. The UDC update is consistent with the General Plan, as required by State law, therefore, the UDC update will not cause environmental impacts other than those identified and mitigated by the General Plan EIR. Any subsequent development would be regulated by the City's UDC, General Plan, and transportation policies and would be subject to additional CEQA review to determine the specific project -related impacts. The EIR prepared for the General Plan analyzed the potential impacts related to traffic and transportation in Section 3.2 of the EIR. The EIR determined that all impacts related to transportation and traffic in the City would be less than significant with the incorporation of three mitigation measures including MM 3.2-1 to MM 3.2-3. These measures will require the City to work with CalTrans as additional infrastructure is required on the regional 13 highways neighboring the City, and to constantly monitor traffic impacts on a project -by -project basis. Since no new development is proposed at this time, no further study is required regarding traffic and transportation. Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to traffic and transportation is anticipated and no further analysis is required. XVII. UTILITIES a. -g.) No Impact — The proposed amendments to the City's Unified AND SERVICE Development Code do not include any new development at this time. SYSTEMS The proposed amendments to the Code include various clean-up items, a reorganization of the Code to make it user-friendly, and the implementation of the General Plan. Therefore, the project would not result in the construction of new water facilities, expansion of existing electric or natural gas facilities, affect drainage patterns, water treatment services, and furthermore, no impacts to landfill capacity would occur beyond what was analyzed in the General Plan EIR. The EIR prepared for the General Plan evaluated the impacts to utilities and service systems in Section 3.17 of the EIR. The EIR determined that and SOC was required for solid waste since there would be significant and unavoidable impacts related to solid waste even with the incorporation of mitigation measures MM 3.17-1 to MM 3.17-8. These mitigation measures require that future development be required to provide the appropriate facilities at the time they are developed, in coordination with the applicable City/County agency. Water availability was extensively analyzed in the General Plan EIR in Section 3.13. Water facilities, including adequacy of water supplies, groundwater recharge, and perchlorate contamination, will be adequate for areas within the Castaic Lake Water Agency (CLWA) service area and the east subbasin. However, water facilities for areas outside the CLWA service area and east subbasin would be unavoidably significant even with the mitigation measures MM 3.13-1 to MM 3.13-46 identified in the EIR for the General Plan. An SOC was adopted for water facilities that are currently located outside the CLWA service area and the east subbasin. 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. Since the proposed amendments to the UDC are implementing the General Plan, no further impact to utilities and services are anticipated. 9 1 q Therefore, based on the EIR prepared for the General Plan, and the proposed amendments to the UDC, no further impact to utilities and service systems is anticipated and no further analysis is required. XVIII. MANDATORY a. -c.) No Impact — The proposed amendments to the UDC will not FINDINGS OF have a significant impact on the environment that would lead to a SIGNIFICANCE substantial reduction in habitat of a fish or wildlife species, or reduce or restrict the number of rare, threatened or endangered species. The proposed amendments to the Unified Development Code include various clean-up items, a reorganization of the Code to make it user- friendly, and further implement the General Plan. Since the amendments being considered at this time are implementing the General Plan, no further impacts beyond those considered under the EIR prepared for the General Plan are anticipated. XIX, 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 `DE 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 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 implementing the General Plan, no further impacts beyond those considered under the EIR prepared for the General Plan are anticipated and no significant adverse effect either individually or cumulatively are anticipated to fish and wildlife resources. Therefore, the project's impacts on fish and wildlife are de minimus. q • 11 i LEGEND FOR TRACK CHANGES SYMBOL Existing word Underline S Highlight and underline DENOTATION Denotes no change and no relocation of word, phrase, or sentence. Denotes a new word, phrase, or sentence. Denotes a deleted word, phrase, or sentence. Denotes existing code language from elsewhere in the UDC that has been moved to this location. Denotes existing code language that has been Highlight and skiketiffeugh removed from this location and moved elsewhere in the UDC. Comet [GP1It General Wan impl v tation Comment [fl]: ILis section basbeea apaoded andreloated to Seetion I7.01.010Critk} 4�w�w'�4Yw rgr,4��Ya4rw��w�y JV1�f�.laYai 1��4 4��f0 �Wm VPI'W1 S,4 \I-IML.11t \U.Ip I1M fa' R 1 e e I r P I: V V� i� Y �..• Denotes a proposed change to the UDC that implements the General Plan. For the purposes of Chapters 17.01 (Administration) and 17.03 (Permits and Applications), comment balloons have been used to describe how sections have been changed and where they have been relocated. For the purposes of Chapter 17.12 (Use Type Classifications), 17.13 (Permitted Use Charts), and Section 17.18.130 (Schedule of Off -Street Parking Requirements), a new matrix combines these three sections into one, and changes are made therefrom. L Title 16 SUBDIVISIONS Chapters: 16.01 General Provisions 16.03 General Requirements 16.05 Surveys 16.07 Design Standards 16.09 Highways 16.11 Local Streets and Ways 16.13 Lots 16.17 Special Requirements 16.19 Dedications 16.20 Covenants of Easement 16.21 Subdivision Improvements 16.23 Fees, Bonds and Deposits 16.25 Tentative Tract and Parcel Maps 16.27 Vesting Tentative Maps • 16.29 Final Maps and Parcel Maps 16.31 Mapping Specifications 16.33 Modifications to Tentative and Recorded Maps 16.35 Certificates of Compliance—Notices of Violation 16.37 Waiver Conditions 16.39 Parcel Mergers 16.41 Recordino of Lot Line Adjustments January 2013 1 DRAFT Title I6—Subdivisions Page 1 E 0 Chapter 16.01 GENERAL PROVISIONS Sections: 16.01.010 Applicability of SubdivisionTiNe46 Provisions—Statutory Authority. 16.01.020 Lease Projects, Condominiums and Community Apartment Projects—Provisions Applicable. 16.01.030 Violation—Penalty. 16.01.040 Severability. 16.Ot.050 Condition of Subdivision' val-Use Approval. 16.01.060 Conformitv With Title 17 16.01.070 Title 16.01.010 Applicability of SubdivisionTkle-46 Provisions—Statutory Authority. Subject eupsu ,u to the provisions of the Subdivision Map Act, and in addition to any other regulations provided by law, the regulations hereinafter in this CodeTitir-Fbcentajaed shall apply to all subdivisions or parts of subdivisions hereafter made, of Iand+vheNy-ee-partieFly within the City of Santa Clarks, and to the preparation of subdivision maps thereof, and to other maps provided for by the Subdivision Map Act, for approval; and each such subdivision and eaeh pan thefeef `y at -within the City of Santa Clarita shall be made, and each such map shall be prepared and presented for approval, as hereinafter provided for and required in this Codende. 16.01.020 Lease Projects, Condominiums and Community Apartment Projects—Provisions • Applicable. Provisions of this Codc''0-.,.;-lo which exeept a exempt a subdivider from complying with a design, improvement, dedication or fee requirement, or which provide for the waiver of such a requirement because of the size of parcels resulting from a subdivision, shall not be construed to apply to lease projects, condominiums, or community apartment projects subject to the provisions of the Subdivision Mao Act 16.01.030 Violation—Penalty. A violation of this CodeTk4e46 which is not also prohibited by the Subdivision Map Act or by any other Sstate statute is subiect to the penalties as set forth in Title 23 of the Municipal Cndee-misdameeae , punishable b� 0 fine OfflOt ffiffe than like 11UHLiFeEl deilars(S500.00), efby ifflispissame"! inthe Cetmty4ail 16.01.040 Severability. If any provision of --a --�--"`"' this C 44le-I6„ or the application thereof to any person or circumstances is held to be invalid, the remainder of the Codeefdinsaermnd the application of such provision to other persons or circumstances shall not be affected thereby. 16.01.050 Condition of SubdivisionhaadL+se Approval. As a condition of the approval of a subdivision, the subdivider shall agree to reimburse the City for any court and attorney's fees which the City may be required by a court to pay asa-fesakbecause of any claim or action brought against the City because of such approval pursuant to Government Code Section 66499.37. Although the subdivider is the real party in interest in such an action, the City may, at its sole discretion, January 2013 1 DRAFT Title 16 - Subdivisions Page 2 participate at its own expense in the defense of the action, but such participation shall not relieve the subdivider of its obligations under this condition. 16.01.060 Conformity With Title 17 Unless spcCifically modified by Title 16. all subdivisions are subiect the reauirements of Title 17 including, but not limited to, die following: A Administration B. Pennits� C. Ma or Bridge and Thoroughfare Fees; D. Parkland Dedication and In -Lieu Fees E. Property Frontage Improvements; F. Road Dedications; G. Libmry Facilities and Technology Mitigation Fee: and. H. Law Enforcement Mitigation Fee. 16.01.070 Title Title 16 of the Municipal Code shall be known and cited as "Title 16." the "Subdivision Code:' "this Title." When the teen "this Code' is used, the term shall include both Title 16 and 17, which toftether are considered the Unified Development Code Whenever reference is made to any Portion of the Code set out in this Title 16 and/or 17, or of any other law or ordinance, the reference applies to all amendments and additions hereafter made to this Code. • January 2013 1 DRAFT Title 16 — Subdivisions Page 3 • Chapter 16.03 GENERAL REQUIREMENTS Sections: 16.03.010 Final and Final Parcel Maps Required—Exceptions. 16.03.020 Exceptions to Final parcel Map Requirements. 16.03.030 Approval of Final Parcel Map—City Engineer Authority. 16.03.040 Lot Line Adjustment. 16.03.010 Final and Final Parcel Maps Required—Exceptions. A. A final map is required for all subdivisions, except where: 1. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required; or 2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or 3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development; or 4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section B. A final paroel map is required for all subdivisions for which a final map is not required. C. No person shall offer to sell, lease, finance or transfer title to; contract to sell, lease, finance or transfer title to; sell, lease, finance or transfer title to; commence construction of any building other than a model home; or permit the occupancy other than for model -home purposes of any building on any real property for which a final map or final parcel map is required, until the required map has been filed for record by the Recorder of Los Angeles" County. These prohibitions shall not apply in the case of final pancel map requirements where a waiver has been approved pursuant to Section 16.39.020 LRew irunents for the Merging of Substandard Parcalsl, and to minor lot line adjustments approved pursuant to Section 16.03.040 (Lot Line Adius[mentl, or in any instance where a certificate of compliance has been issued and any required conditions have been fulfilled as provided in the Subdivision Map Act. Nor do the provisions of this section apply to any parcel or parcels of a subdivision offered for sale, lease, financing or transfer, or sold, leased, financed or transferred in compliance with or exempt from any law, including this C2444" or any other ordinance of thus City, regulating the design and improvement of subdivisions, in effect at the time the subdivision was established. 16.03.020 Exceptions to Final Parcel Map Requirements. Final mel maps are not required for subdivisions created by short-term leases (terminable by either parry on not more than thirty (30) days' notice in writing) of a portion of the operating right-of-way of a milroad corporation defined as such by Section 230 of the Public Utilities Code, or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way or facilities, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map. January 2013 1 DRAFT Title 16—Subdivisions Page 4 0 • 0 0 16.03.030 Approval of Final Parcel Map—City Engineer Authority. A final parcel map shall be submitted to the City Engineer for examination and approval. The City Engineer shall, upon completion of his examination of the final parcel map and receipt of the reports from City officers and departments required pursuant to Section 16.25.040 (Contents and Submittal Requirements), approve the map if it conforms to the tentative map, as approved, and the conditions of approval of the tentative map and all applicable requirements of this Title 16 and of the Subdivision Map Act have been complied with. 16.03.040 Lot Line Adjustment. The adjustment of lot lines between two eF-mercto four existing adjacent parcels shall be done in accordance with the provisions of this Code. • January 2013 1 DRAFT Title 16 — Subdivisions Page 5 0 16.05.010 Standards for Survey Work. A. The procedure and practice of all survey work done on any division of land, whether for preparation of a final map or final parcel map, shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code, and Land Surveyor's Act. The allowable error of closure on any portion of a final map or parcel map shall not exceed 1/10,000. B. In the event that the City Engineer, State Highway Engineer, County Engineer or any engineer shall have established the centerline of any street or alley in or adjoining a division of land, the final map or final oriel map shall show such centerline, together with reference to a field book or map showing such centerline and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map or final parcel map. 16.05.020 Boundary Monuments—Location and Materials. Each final map or final parcel map shall show durable monuments found or set at or near each boundary comer and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distances as may be made necessary by topography or culture to ensure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a two (2) inch outside diameter, not less than two and one-half (2 1/2) feet in length, with plug and tack, and set at least two (2) feet into the ground or of such other character and stability as may be approved by the City Engineer. For the purpose of this Tk4e,46Code, a lead and tack set in permanent concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map. 16.05.030 Street Centerline Monuments. A. Whenever necessary. as determined bv4a�ef the City Engineer, centerline monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary or to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points. B. Each such monument shall be not less durable and substantial than: I. In asphaltic concrete or cement concrete pavements, a lead and tack; 2. In unsurfaced graveled or oiled surfaces, a two (2) inch iron pipe set not less than twelve (12) inches below the surface, or at such depth as may be approved by the City Engineer; or 3. In bituminous macadam pavements, a spike not less than six (6) inches long. January 2013 1 DRAFT Title 16—Subdivisions Page 6 0 C� I 0 Chapter 16.05 SURVEYS Sections: 16.05.010 Standards for Survey Work. 16.05.020 Boundary Monuments—Location and Materials. 16.05.030 Street Centerline Monuments. 16.05.040 Centerline Intersection Monuments—Notes to City Engineer. 16.05.050 Identification Marks on Monuments. 16.05.060 Boundary Monuments—Time for Setting—Deferment Conditions. 16.05.070 Inspection and Approval of Monuments. 16.05.010 Standards for Survey Work. A. The procedure and practice of all survey work done on any division of land, whether for preparation of a final map or final parcel map, shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code, and Land Surveyor's Act. The allowable error of closure on any portion of a final map or parcel map shall not exceed 1/10,000. B. In the event that the City Engineer, State Highway Engineer, County Engineer or any engineer shall have established the centerline of any street or alley in or adjoining a division of land, the final map or final oriel map shall show such centerline, together with reference to a field book or map showing such centerline and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map or final parcel map. 16.05.020 Boundary Monuments—Location and Materials. Each final map or final parcel map shall show durable monuments found or set at or near each boundary comer and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distances as may be made necessary by topography or culture to ensure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a two (2) inch outside diameter, not less than two and one-half (2 1/2) feet in length, with plug and tack, and set at least two (2) feet into the ground or of such other character and stability as may be approved by the City Engineer. For the purpose of this Tk4e,46Code, a lead and tack set in permanent concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map. 16.05.030 Street Centerline Monuments. A. Whenever necessary. as determined bv4a�ef the City Engineer, centerline monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary or to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points. B. Each such monument shall be not less durable and substantial than: I. In asphaltic concrete or cement concrete pavements, a lead and tack; 2. In unsurfaced graveled or oiled surfaces, a two (2) inch iron pipe set not less than twelve (12) inches below the surface, or at such depth as may be approved by the City Engineer; or 3. In bituminous macadam pavements, a spike not less than six (6) inches long. January 2013 1 DRAFT Title 16—Subdivisions Page 6 0 C� I 0 C, 16.05.040 Centerline Intersection Monuments—Notes to City Engineer. A. For each centerline intersection monument set, the engineer or surveyor under whose supervision the survey has been made, shall famish to the City Engineer a set of notes showing clearly the ties between such monument and a sufficient number (normally four (4)) of durable, distinctive reference points or monuments. B. Such reference points or monuments may be leads and tacks in sidewalks, two (2) inch by two (2) inch stakes set back off the curb line and below the surface of the ground or such substitute therefore as appears to be not more likely to be disturbed. C. Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as a part of the permanent public recordsef this-e€tiee. 16.05.050 Identification Marks on Monuments. All monuments found or set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was performedmade. 16.05.060 Boundary Monuments—Time for Setting—Deferment Conditions. A. All boundary monuments shall be set prior to filing of the final map or f nal parcel map unless, before the map is approved by the City -Council: 1. The engineer or surveyor responsible for setting the monuments certifies on the map that the monuments will be set on or before a reasonable, specified later date; and • 2. The subdivider enters into a written agreement with the City, which contains, at a minimum, the terms set forth below and famishes security in an amount and in a manner as set forth in the agreement. B. The written agreement by and between the City and subdivider shall contain, at a minimum, the following terms: 1. That the engineer or surveyor has certified on the map that monuments will be set on or before a certain date specified in the agreement and that the notes required in Section 16.05.040 (Centerline Intersection Monuments – Notes to City Engineer)will be furnished to the City Engineer at the same time; and 2. That concurrent with the execution by the subdivider of the agreement, the subdivider shall furnish to the City Engineer security in a specified amount sufficient to guarantee payment of the cost of setting survey/boundary monuments and in the form of a cash deposit, performance bond, letter of credit, or other form of security acceptable to the City; said 3. That the engineer and/or surveyor is a third party beneficiary to the terms of the agreement; ssd 4. That the subdivider may agree, that upon receipt of written notice to the City Engineer and subdivider from the engineer or surveyor that the final setting of all monuments has been completed, the City -Council may release the security to the engineer or surveyor, and S. Other terms governing the release of the security as provided under Government Code Section 66497. 16.05.070 Inspection and Approval of Monuments. All monuments shall be subject to inspection and approval of the City Engineer in conjunction with his checking of the map. January 2013 1 DRAFT Title 16–Subdivisions Page 7 E 0 Chapter 16.07 DESIGN STANDARDS Sections: 16.07.010 General Requirements—Determination of Adequacy. 16.07.020 Restricted Residential Access. 16.07.030 Wildland Access. 16.07.040 Modifications to Access and Frontage Requirements. 16.07.010 General Requirements—Determination of Adequacy. A. Each street providing access to lots within a division of land shall connect directly or through one or more other streets to a highway which is shown on the Master Plan ofAnefial H _L, -• - Genial Plan Circulation Mao Joint Highway Plan and which is maintained and open to public travel. Each route of access to a highway which is shown on the Mast-- Plan of =-' Highways the General Plan Circulation Mao Joint Hiehwav Plan shall be adequate to accommodate the composition and volume of vehicular traffic generated by the land uses which it serves. B. In determining the adequacy of a route of access, the Planning £emvuivien-approvin¢ authority shall consider the potential for blockage of the route by flood, fire or landslide and the effect of such blockage on the safe evacuation of future users and occupants of the subdivision and on the deployment of fire equipment or other services under emergency conditions. The approving authoritvPleaning C-emrRissiux may disapprove a design which makes use of a residential street as a route of access to industrial, commercial, residential or other divisions of land generating traffic which would conflict with the residential character of the street. • 16.07.020 Restricted Residential Access. The provisions of this section shall not apply to divisions of land referred to in Section 16.21.040 (Lots in Excess of Ten (10) Acres - Reouirements), to divisions of land approved oursuant to Section 16.21.060 (Parcel Maps - Five -Acre Minimum Lot Size), mor to the subdivision of four or less residential unite. A. If a street or street system is restricted to a single route of access to a highway shown on the General Plan Circulation Man Joint Hiehwav Plantsaster P'-- of AFIefial " - -, except for a Liimited Ssecondary Hhighway, 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 some not more than: I. One hundred fifty (150) dwelling units where the restriction is designed to be permanent and the street or street system does not traverse an area designated as a Very High Fire Hazard Severity Zon 2. Seventy-five (75) dwelling units where the restriction is designed to be permanent and the street or street system traverses an area designated as a Very High Fire Hazard Severity Zonewtid-land-area ,. hieh as sulijeet to housi J r-.,— L -.......,fit r -C -e; 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 but more than twenty-eight (28) fee[ 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 percent (25%)_ if the --y-e- --• i FWeflOF --- :- width, and by fifty _--„__t 50 ) lif the pavement is less than twenty-eight (28) feet in widththe permitted number of dwelline units shall be reduced by fifty (50) percent 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 January 2013 1 DRAFT Title 16 - Subdivisions Page 8 0 0 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) feel . C. Residential access shall not be permitted on any residential street with a projected traffic volume of two thousand (2,000) or more vehicle trips a day unless approved by the City Ensineersiceeter-ef D. Residential access shall not be permitted on any residential street within the first one hundred (100) feet of an intersection with a major or secondary highway. (^-'. ^^ 3, 24'00; QFd. 05 i ,` 2. 1O"^`; ^-'. 16.07.030 Wiidland Access. Notwithstanding the provisions of Section 16.07.020 (Restricted Residential Accessi and 16.11.110 (Cul -De -Sacs - Length Restrictions), the approving authorityWaaningFermniss+ea may disapprove a design of a division of land which utilizes a cul-de-sac or branching street system or other single -access street or street system as the sole or principal means of access to lots within the division, where the Fire Deoartmenl4---,�,�te;�rirc-:':arR advises: A. That the street or street system will traverse a wild -land area which is located in a Very High Fire Huard Severity Zone ror B. That the lack of a second route of access would unduly hinder public evacuation and the deployment of fire -fighting and other emergency equipment in the event of a brush or forest fire. 16.07.040 Modifications to Access and Frontage Requirements. • Thea roving authorityo4___:__ C -w"_:_,.:__ pp �,e,,, may modify the requirements of Sections 16.07.010, 16.07.020, 16.11.110 and 16.13.030 where it finds that topographic conditions, title limitations, or the pattern of ownership or the state of development of parcels in the immediate vicinity of a division of land make the strict application of the provisions of these sections impossible or impractical and that the public health, safety and general welfare will not be adversely affected thereby. January 20131 DRAFT Title 16 - Subdivisions Page 9 9 16.09.010 Major and Secondary Highways A. Where the Plaster Pion -r AFteFial 1 av Plan shewsPlan shows any highway so located that any portion thereof lies within any proposed division of land, right-of-way for such portion shall be provided within such division in the general location shown on the ""-'t'- Plan - FAFIef ' - General Plan Circulation Mao Joint Highway Plan, unless the approving authority#---� finds that the ""_..._ __ a f"n.,__l 1l:_h..._.-Gmcr-el Plan Circulation May Joint Highway Plan will be so amended as to remove or change the location of any portion of such highway within the proposed subdivision as part of the same entitlement application. B, Where the approving authoritvWeaniag-6emtnissien finds that the n._,.__ Plan af Anenal 1 _h , General Plan Circulation Map Joint Highwav Plan will be amended as part of the entitlement application in the 0.... _, ... add .-_ a highway .ted that a Penton -..rlies within .. pfoposeddivision of land; right -of --way for such portion shalt be provided within the subdivision in a • width and at a location deemed appropriate by the approving authontvRlanaiug49ommnin— . 16.09.020 Conformity with Master P,__ ..r "-.__:..l High...,,.sGeneral Plan Circulation Mao Joint Highwav Plan. A. Each highway shall conform in width and substantially in alignment with that shown or indicated in the General Plan Circulation Mao loin[ Highwav Plan. B. The centerline curve radius of a Mmajor Hhighway shall be not less than one thousand five hundred (1,500)feet C. The centerline curve radius of a Secondary Hhighway nth-- than - —_e_- h' -h- -- shall be not less than one thousand (1,000) feet. D. The centerline curve radius of a highway may be reduced if topographic features or title limitations make it impossible or impractical to conform to the standards contained in this section, at the discretion of the City Engineer. E. This ..eEfi,..shall Rpply In_ _ 16.09.030 Right -of -Way and Roadway Width Requirements—Cross-Section Diagrams. A. Each highway shall have a width of rightof-way, vehicular pavement and sidewalk where a sidewalk is required, to conform to the cross-sections or such other designs as approved by the City Engineer. The approving authoritvP'---'� may modify the requirements of this section as to highway widths if topographic features, title limitations, existing improvements or safety considerations make such dedication impossible or impractical. B. Width of Limited Secondary Highways. Where the approving author - finds that the traffic or drainage conditions warrant, the area eight (8) feet. Rem (0) nehes outside of the sissy January 2013 1 DRAFT Title 16 — Subdivisions Page 10 • Chapter 16.09 HIGHWAYS Sections: 16.09.010 Major and Secondary Highways. 16.09.020 Conformity wit F "'•t-- Plan 9FAFterial Highways General Plan Circulation Alan .loin Highwav Plaw, 16.09.030 Right -of -Way and Roadway Width Requirements—Cross-Section Diagrams. 16.09.040 Part -Width Highways. 16.09.050 Grade Separation and Bridge Approaches. 16.09.010 Major and Secondary Highways A. Where the Plaster Pion -r AFteFial 1 av Plan shewsPlan shows any highway so located that any portion thereof lies within any proposed division of land, right-of-way for such portion shall be provided within such division in the general location shown on the ""-'t'- Plan - FAFIef ' - General Plan Circulation Mao Joint Highway Plan, unless the approving authority#---� finds that the ""_..._ __ a f"n.,__l 1l:_h..._.-Gmcr-el Plan Circulation May Joint Highway Plan will be so amended as to remove or change the location of any portion of such highway within the proposed subdivision as part of the same entitlement application. B, Where the approving authoritvWeaniag-6emtnissien finds that the n._,.__ Plan af Anenal 1 _h , General Plan Circulation Map Joint Highwav Plan will be amended as part of the entitlement application in the 0.... _, ... add .-_ a highway .ted that a Penton -..rlies within .. pfoposeddivision of land; right -of --way for such portion shalt be provided within the subdivision in a • width and at a location deemed appropriate by the approving authontvRlanaiug49ommnin— . 16.09.020 Conformity with Master P,__ ..r "-.__:..l High...,,.sGeneral Plan Circulation Mao Joint Highwav Plan. A. Each highway shall conform in width and substantially in alignment with that shown or indicated in the General Plan Circulation Mao loin[ Highwav Plan. B. The centerline curve radius of a Mmajor Hhighway shall be not less than one thousand five hundred (1,500)feet C. The centerline curve radius of a Secondary Hhighway nth-- than - —_e_- h' -h- -- shall be not less than one thousand (1,000) feet. D. The centerline curve radius of a highway may be reduced if topographic features or title limitations make it impossible or impractical to conform to the standards contained in this section, at the discretion of the City Engineer. E. This ..eEfi,..shall Rpply In_ _ 16.09.030 Right -of -Way and Roadway Width Requirements—Cross-Section Diagrams. A. Each highway shall have a width of rightof-way, vehicular pavement and sidewalk where a sidewalk is required, to conform to the cross-sections or such other designs as approved by the City Engineer. The approving authoritvP'---'� may modify the requirements of this section as to highway widths if topographic features, title limitations, existing improvements or safety considerations make such dedication impossible or impractical. B. Width of Limited Secondary Highways. Where the approving author - finds that the traffic or drainage conditions warrant, the area eight (8) feet. Rem (0) nehes outside of the sissy January 2013 1 DRAFT Title 16 — Subdivisions Page 10 • 0 ei h -four (6 84) fixteek zem (0) ine right-of-way shall be shown as a future or dedicated right-of- way. If such finding is not made, said area shall be subject to all other provisions specified by the COdcde. 16.09.040 Part -Width Highways. Any part -width highway, or any reservation therefore, lying along and abutting any boundary of a division of land shall have such a width as will conform to the lines shown on the "',-:ay;-General Plan Circulation Man Joint Hiehwev Plan covering the same portion of such subdivision. 16.09.050 Grade Separation and Bridge Approaches. A. Wherever any highway within a subdivision of land intersects any railroad, or intrrarban other right-of- way, and such highway is shown upon th General Plan Circulation May Joint Highway Plan, and the aooroving authority identifies the location of a separation of grades at such intersection, the road layout of the subdivision of land shall be such as to conform to such plan. B. Each lot abutting upon a proposed cut or fill necessary for the approach to such grade separation shall be given suitable access elsewhere as determined by the City Engineer. C. Wherever it is proposed to subdivide property abutting an approach to an existing or proposed bridge, the division shall be aranged so that any lot abutting such approach has suitable access elsewhere, and the street layout adequately provides for such approach. F January 2013 1 DRAFT Title l6—Subdivisions Page t 1 0 Chapter 16.11 LOCAL STREETS AND WAYS Sections: 16.11.010 Right -of -Way and Improvement Width Requirements—Cross-Section Diagrams. 16.11.020 Street Grades. 16.11.030 Right -of -Way. 16.11.040 Future Streets. 16.11.050 Centerline Curve Radius. 16.11.060 Street Intersection Angle. 16.11.070 Service Roads or Alleys Required. 16.11.080 Alleys in Congested Districts. 16.11.090 Alley Intersections. 16.11.100 Turnarounds. 16.11.110 Cul -De Sacs—Length Restrictions. 16.11.120 Mobile Home Divisions of Land—Street and Driveway Standards. 16,11,134 pedestrian :Nays. 16.11.140 Fire -Fighting Access Easements. 16.11.010 Right -of -Way and Improvement Width Requirements—Cros"ection Diagrams. Right-of-way and improvement widths shall conform to that t`--- --'-"--` d by Gity Counsil Jiesolntiendepicred--`"'-C-iea7etieaCirculation Element of the General Plan. 16.11.020 Street Grades. No highway or street shall have a grade of more than six (6) percent, except for short stretches where the topography makes it impractical to keep within such grade, and in no event shall the grade exceed ten (10) percent except where evidence, which is satisfactory to the approving authority, is given that a lower grade is not possible. 16.11.030 Right -of -Way. Intersections of road right-of-way lines where one or both roads are local residential shall be rounded with a curve having a radius of thirteen (13) feet, unless otherwise determined by the City Engineer. Intersections of road right-of-way lines, where both roads are shown as highways on the General Pian Circulation Mao Joint Highwav PlanAloSteF Plan of AftefiRl or one of the roads serves a commercial or industrial development, shall be rounded with a curve having a radius of twenty-five (25) feet, unless otherwise determined by the City Engineer. 16.11.040 Future Streets. Wherever the approving authorgyPlmwing-Eemmesskre shall have determined that a street is necessary for the future division of property as shown on the tentative map, or for adjoining property, but that the present dedication and construction of such street is not warranted, the approving authoritvWaauiag C- --era -- may require that the location, width and extent of such street shall be shown on the final map or final parcel map as a future street. No improvement of such future street shall be required of the subdivider. January 2013 1 DRAFT Title 16 — Subdivisions Page 12 0 E 0 16.11.050 Centerline Curve Radius. On any street the centerline curve radius shall not be less than one hundred (100) feet for streets having a pavement width of thirty-four (34) feet, two hundred fifty (250) feet radius for streets having a pavement width of thirty-six (36) feet and three hundred fifty (350) feet radius for streets having pavement width of forty (40) feet. A smaller radius may be approved where sufficient evidence is offered to the City Engineer by the subdivider to show that the specified radius is not practicable. (Gfd. 00-3, 218100) 16.11.060 Street Intersection Angle. Except as provided in Section 16.09.020 (Conformity with General Plan Circulation Mao Joint Highway Plan), any highway or street intersecting any other highway or street shall intersect it at an angle as nearly a right angle as practicable. Except as provided in Section 16.09.020 (Conformity with General Plan Circulation Map Joint Highway Plan), any highway or street shall intersect as nearly a right angle as practicable. The intersection centerlines shall not be more than ten (10) degrees from the right angle. (04 16.11.070 Service Roads or Alleys Required. A. Whenever it is proposed to divide property abutting a major or secondary highway, a service road or other local street shall be provided unless the circumstances of such property or of adjoining property render it inadvisable or undesirable to provide access by such service mad or other local street as determined by the City Engineer. B. Where a service road or local street is not required, the subdivider shall provide an alley at the rear of such lots unless the approving auth2d Flnaaiag-6oaxnissiesrfmds such alley inadvisable, undesirable, • detrimental to adjoining pmperty or contrary to the best community design. 16.11.080 Alleys in Congested Districts. The aon oving authority" rani iar. may require that any alley be provided at the rear of all lots where property is to be used for multiple residential use (not including two-family use) or commercial, industrial. mixed-use or other less -restrictive uses. 16.11.090 Alley Intersections. Where two (2) alleys intersect, a cutoff of not less than ten (10) feet along each alley shall be provided unless modifications are required by the City Engineer. 16.11.100 Turnarounds. A. A turning area shall be provided at the end of cul-de-sac streets and dead-end alleys. The approving authori Waa tm--C oun7ssien-may require turnarounds: 1. Upon the recommendation of the City Engineer, at intermediate points on cul-de-sacs of more than seven hundred (700) feet in length, and on other local streets where the distance between intersections exceeds two thousand (2,000) feet; and 2. At the end of stub or dead-end streets of more than three hundred (300) feet in length fe B. All such turnarounds shall conform to the specifications of the City Engineer and the Fire Department 16.11.110 Cul-De-Sacs—Length Restrictions. A. Cul-de-sacs shall not be more than: I. Five hundred (500) feet in length, when serving land zoned for industrial or commemial use; 2. $ x" hundred (k700) feet in lengthe when serving land zoned for_maidential uses_having a_- _ - - comment [Gpt7: Geral etas impkracmetir,a density of more than twofenr (24) dwelling units per net acre; January 2013 1 DRAFT Title 16 — Subdivisions Page 13 3. One thousand (1,000) feet in length, when serving land zoned for residential uses having a density of twofoar (_24) or less dwelling units per net acre. B. This section shall not be construed to prohibit the approval of a division of land utilizing frontage on an existing cul-de-sac of more than the maximum permitted length nor shall it be construed to prohibit the Approving Authority from reducing the length of a proposed cul-de-sac to less than the maximum length permitted by this section or requiring the elimination of a proposed cul-de-sac in order to provide for the efficient circulation of traffic, the future development of the neighborhood street system or the deployment of emergency services. 16.11.120 Mobile-1lhome Divisions of Land—Street and Driveway Standards. Those streets, existing or proposed within or contiguous to a mobile -home division of land which are to be dedicated or offered to be dedicated for public use, shall meet the standards outlined in Section 16.09.030- (Right -of -Way and Roadway Width Requirements—Cross-Section Diagrams). Driveways in such division shall have minimum widths of thirty (30) feet. However, greater driveway widths may be required by the approving authority°'---'-�,�,,...r, ^�-'- ,ar. if the design or magnitude of such division warrants the greater width or located in a Very High Fire Hazard Severity Zone. 16.11.140 Fire -Fighting Access Easements. In areas where, in the opinion of the Fire DenartmentFereAee,� there will be fire hazard to the watershed for any other properties and'or is located in a designated Very Hiah Fire Hazard Severity Zone, unobstructed fire protection access easements, not less than fifteen (15) feet wide, shall be dedicated from the public highway to the boundary of the division of land. Where the design of a division of land will cause an existing fire road or fire break to be severed, and the Fire DepamnentFeFester-ar,a;T -..�--.:a::m, advises that this condition will impair the provision of adequate foe protection, the approving authori p1 ----bier. may require that the subdivider either revise the design of the division of Ind so that the fire road or fire break will not be severed or provide an alternate easement. The Fire DepartmentForester and Fife WaMen shall make recommendation ,ra mien -td to the approving authorip1--T,a,a,,,,--^o.......,�,o..---'-'`- regarding the location, design and grading of easements required pursuant to the provisions of this section. Such location, design and grading shall be as found necessary by the approving authority. January 2013 1 DRAFT Title 16 - Subdivisions Page 14 9 • 0 171 Chapter 16.13 11101 V Sections: A. 16.13.010 Area and Width—Requirements Generally. 16.13.020 City Boundary Line to be Lot Line. 16.13.030 Frontage for Lots. 16.13.040 Minimum Frontage. 16.13.030 Lot Sideline Angle. 16.13.060 Flag Lots. 16.13.010 Area and Width—Requirements Generally. A. Each lot in any division of land shall have an area not less than either the required area or what will be the required area at the time of the submission of the final map or final panel map for approval for the zone in which the lot or any portion thereof is located. Each lot shall have an average width of not less than the required width, or what will be the required width at the time of the submission of the final map or final panel map for approval, or shall contain an area of not less than such required area within a portion which does have an average width of not less than such required width, except as provided in Sections 16.13.020 e, ' `.,.-.-�:,-�.'.^' ^.'City Boundary Line to be Lot Line) or 16.17.010 (Division of Land for Purpose of Lease Onlv). The required area and the required width shall be the same as those terms are defined, respectively, • out -at -in this Coder " of this end -. Where the development code does net establish a required are Of 0 required Wid eqUiFed area Shall be fiN e thousand (5,000) feet and the NqUifed ' idth Sh_ . alp m a__. B. If any lot is in more than one zone, then the area and width thereof shall be not less than the area and width requirements, respectively, in that zone in which any part of the lot is located which has the largest area requirement and in that zone in which any part of the lot is located which has the greatest width requirement C. This section does not apply to any lot land which the subdivider offers to deed or dedicate to amthe public agency or utility. D. Where public sewers are not available and private sewage disposal is to be used, every lot or panel or building site shall be of sufficient size to provide for satisfactory sewage disposal for the land use intended as determined by the City Engineer and the Los Angeles County Health Department 16.13.020 City Boundary Line to be Lot Line. No lot shall be divided by a City boundary line. Each such boundary line shall be made a lot line. 16.13.030 Frontage for Lots. The alignment of streets shall be such as to provide frontage for lots in the division of land except as provided in Section 16.13.020. (City Boundary Line to be Lot Line). 16.13.040 Minimum Frontage, Wherever practical, lot frontage at the right-of-way line shall be: A. Forty (40) feet or more, where a lot is oriented so that its side lot lines are radial or approximately radial to a turnaround or knuckle or to the convex side of a curved street centerline; and B. Equal to or greater than the average lot width, where a lot is not so oriented. January 2013 1 DRAFT Title 16 - Subdivisions Page 15 CJ 16.13.050 Lot Sideline Angle. In all cases where practicable, the side moperty lines of lots shall be at an approximate right angle to the street upon which such lots front. 16.13.060 Flag Lots. The aporovine authority may disapprove the platting of flag lots where this design is not justified by topographic conditions or the size and shape of the division of land, or where this design is in conflict with the pattern of neighborhood development. If flag lots are approved, the access strip for each lot shall be at least ten (10) feet in width where the strip is situated contiguous to other such access strips, so as to form a common driveway, and at least twenty (20) feet in width, where the strip is not situated contiguous to other such access strips, unless the City Engineer recommends the approval of lesser widths because of topographic conditions or the size and shape of a division of land. Each access strip shall be located so that, when improved as a driveway, the finished grade will not exceed tweat -( fifteen ! I S) percent The aporovine authoritvlklaeffing4geffwaisgiea may require that easements for ingress and egress be provided over common driveways for the benefit of the lots served. Additional width may be required by the Fire Department. January 2013 1 DRAFT Title 16—Subdivisions Page 16 r 1 L CJ L 0 0 January 2013 1 DRAFT Title 16—Subdivisions Page 17 0 January 2013 1 DRAFT Title 16 — Subdivisions Page 18 0 0 0 0 0 0 January 2013 1 DRAFT Title l6—Subdivisions Page 19 January 2013 1 DRAFT Title 16 — Subdivisions Page 20 0 0 9 0 January 2013 1 DRAFT Title 16—Subdivisions Page 21 0 January 2013 1 DRAFT Title 16 — Subdivisions Page 22 9 r� 0 C� • 0 Chapter 16.17 SPECIAL REQUIREMENTS Sections: f_- P..___-- 16.7,0 50 16.17.0130 Doves___ of Land ofLess-.,_l.. Condominiums and Community Apartment Projects. 16.17.0230 Mobile-Nhome Divisions of Land. 16.17.0340 Division of Land Adjacent to Existing Roads. 16.17.0550 Transit and Non -motorized Access. 16.17.O130Condominiums and Community Apartment Projects. In a division consisting of a condominium project as defined in Section 13510 of the Civil Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code, maps of such subdivisions need not, but may, show the design of the buildings and manner in which the buildings or the airspace above the property shown on the map are to be divided. In all other respects, all of the provisions of the Code * Te..:1141e--" - ' ` shall apply to such a subdivision. 16.17.0230 Mobile44home Divisions of Land. A. The approving auth2JV4k�xissien may approve a tentative map of a division of land which does not comply in all respects with the requirements of pa' ', 2 and 3 of this chapter if 1. The approving authoritviar. finds: a. The division of land is for mobile -home purposes only, b. The units of space proposed on the tentative map are for mobile homes and related facilities only and the development of a mobile home park on the property included within the division of land is in conformance with the Cod:' _. e'-- ---• _ -' - set _ . OtT ile 17; January 2013 1 DRAFT Title 16 — Subdivisions Page 23 2. On such tentative map and on the final map or parcel map, there appear, in letters no less than one- fourth inch in height, the words: "DIVISION OF LAND FOR MOBILE -HOME PURPOSES ONLY" B. A person shall not use, lease, sell, mortgage, place a deed of trust or other lien upon a unit of space within a mobile -home division of lend for any purpose other than a mobile home and related facilities. C. Except that the units in a division of land for mobile -home purposes need not comply with the provisions of Section 16.13.010 (Area and Width—Requirements Generally) (A) thieugh (6). this section does not modify in any way any requirements in the de%elapinent a ode or any other ordinance or law as to area or width requirements. D. In a mobile -home land division, the owners of the units of space which me occupied by mobile -homes and which may also be occupied by accessory uses will hold an undivided interest in the common areas which will in tum provide the necessary access and utility easements for the units. A note to this effect shall be on the final map or final parcel map. E. Title to the units and common areas in a nrobile-home division of land and control and maintenance of the common areas shall he similar to those for condominiums as contained in the Civil Code. 16.17.0240 Division of Land Adjacent to Existing Roads. A. If the approving authority finds that the proposed division of land abuts an existing road which has improvements insufficient for the general use of the lot owners and the division of land and local neighborhood and drainage needs, it may disapprove the design of the division unless the subdivider improves or agrees to improve such road to the same standards required of roads within all divisions of land by Chapter 16.07. B. Where a subdivider proposes to connect to an existing dead-end or cul-de-sac street in which a turnaround has been installed, the approving authority may require the reconstruction of existing street improvements as a condition of such connection. If the subdivider makes or agrees to make the required improvements, all of the provisions of the Codethis Title 16 which apply to improvements and agreements to improve within a division of land shall apply. 16.17.0450Transit and Non -motorized Access. Developments shall incorporate and be designed to encourage access by public transit and non - motorized modes of travel (e.g., bicycle, pedestrian). This shall be accomplished by the incorporation of appropriate on-site bicycle and pedestrian amenities, in addition to convenient connections to the City's transit and non -motorized facilities.(^-'. 95 'Vi''`) January 2013 1 DRAFT Title 16 - Subdivisions Page 24 r 1 L J 0 �J 16.19.010 Parcel Maps—Parties Having Record Title Interests. The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the final parcel map. 16.19.020 Parcel Maps—Evidence of Title. • Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee and/or beneficiary and all easement holders. 16.19.030 Easement Certificates. A. Any map of a subdivision presented to the City with an offer of easements for public use shall have written thereon, in addition to or as part of any other certificate required, a certificate, signed by all parties whose signatures are required pursuant to Section 66436 of the Subdivision Map Act, in substantially one of the following forms: 1. "We hereby certify that except as shown on a copy of this map on file with to the ADiee 4the City Engineer, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easements." 2. "We hereby certify that we know of no easement or structure existing within the easements hereby offered for dedication to the public other than publicly owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easement." B. The registered civil engineer or land surveyor who prepares the map shall notify the City Engineer that, as a result of his thorough research of records and a field inspection, there either are structures existing within the easements offered, or there are no structures existing within the easements offered. Form No. I above shall be used where there are structures, and Form No. 2 above shall be used where there are no structures. January 2013 1 DRAFT Title l6—Subdivisions Page 25 11 Chapter 16.19 DEDICATIONS Sections: 16.19.010 Parcel Maps—Parties Having Record Title Interests. 16.19.020 Parcel Maps—Evidence of Title. 16.19.030 Easement Certificates. 16.19.040 Private Streets. 16.19.050 Streets Serving Minor Land Divisions—Two and One -Quarter (2 I/4) Acre Minimum Lot Size. 16.19.060 Minor Land Division and Parcel Map Requirements. 16.19.070 Sewer and Storm Drain Easements. 16.19.080 Drainage Facilities. 16.19.090 Natural Watercourses. 16.19.010 Parcel Maps—Parties Having Record Title Interests. The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the final parcel map. 16.19.020 Parcel Maps—Evidence of Title. • Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee and/or beneficiary and all easement holders. 16.19.030 Easement Certificates. A. Any map of a subdivision presented to the City with an offer of easements for public use shall have written thereon, in addition to or as part of any other certificate required, a certificate, signed by all parties whose signatures are required pursuant to Section 66436 of the Subdivision Map Act, in substantially one of the following forms: 1. "We hereby certify that except as shown on a copy of this map on file with to the ADiee 4the City Engineer, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easements." 2. "We hereby certify that we know of no easement or structure existing within the easements hereby offered for dedication to the public other than publicly owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easement." B. The registered civil engineer or land surveyor who prepares the map shall notify the City Engineer that, as a result of his thorough research of records and a field inspection, there either are structures existing within the easements offered, or there are no structures existing within the easements offered. Form No. I above shall be used where there are structures, and Form No. 2 above shall be used where there are no structures. January 2013 1 DRAFT Title l6—Subdivisions Page 25 11 0 16.19.040 Private Streets. Except m set out hereinafter, all parcels of land intended for public use in a division of land shown on the final map or parcel map thereof, shall be offered for dedication for public use. However, with the approval of the approving authority, any road which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street; but in any such case, the final map or parcel map shall contain a conditional offer of dedication, or the map may be accompanied by a conditional offer of dedication by separate instrument, either of which may be accepted by the City -Council. Any such private street shall be shown on such map by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries, as is required for a public street, and also sufficient mathematical data to show clearly the portion of each lot within such street The design and improvement of any such private street shall be subject to all of the requirements prescribed by the Codedris 4mHk -16 for public streets, except where otherwise approved by the City Engineer and the Cemiftwmy Deyeloram n Director. 16.19.030 Streets Serving Minor Land Divisions—Two and One -Quarter (2_1/4) Acre Minimum Lot Size. Streets other than service roads, which are intended to serve as a means of access to lots shown on a parcel map described by Section 16.21.060, but which are not to be accepted for public use prior to the time the parcel map is filed with the County Recorder, shall be shown on the parcel map m private and future streets. Service roads shall be shown as future streets. 16.19.060 Minor Land Division and Parcel Map Requirements. Dedications or offers of dedication of real property for streets, highways and other public ways; access • rights and abutter's rights; drainage and public utility easements; building restriction rights; open space: and other public easements may be required for a minor land division or parcel map. 16.19.070 Sewer and Storm Drain Easements. If, in the opinion of the approving authoritvF�eiasiee, either sewers or storm drains or both are necessary for the general use of lot owners in the division of land, and such sewers or storm drains or both are not to be installed in the streets of such division, then the subdivider shall show upon the maps and dedicate necessary easements for such sewers or storm dmins or both. 16.19.080 Drainage Facilities. If an artificial drainage facility is necessary for the general use of lot owners in the division of land and for adequate drainage needs, subdivider shall dedicate an adequate right-of-way for such drainage channel. 16.19.090 Natural Watercourses. In the event that a division of land or any pan thereof is traversed by any "Wje watercourse, channel, stream or creek, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes if the approving authority determines such dedication is necessary. If the natural watercourse does not lie entirely within such dedication, the subdivider may either construct an adequate channel within such dedication or delineate the course of the watercourse upon the final map or tinalparcel map. January 2013 1 DRAFT Title 16 — Subdivisions Page 26 0 0 Chapter 16.20 COVENANTS OF EASEMENT Sections: 16.20.010 General. 16.20.020 Procedures. 16.20.030 Content of Covenant. 16.20.040 Release of Covenant—Procedure. 16.20.010 General. A. This chapter is adopted pursuant to Government Code Sections 65870 et seq. B. This chapter shall apply to all development projects approved by the City, its C+ty-Council, Planning Commission, voters, officers, and employees and acts independently from any other authority or method for the City to require an easement. The provisions of this chapter shall only apply when: 1. The covenant af#er easement is for: a. Parking; b. Ingress, egress, or emergency access; c. Light and/or air access; d. Signage ed. Landscaping; and/or ft. Open space purposes. • 2. At the time of recording the covenant of easement, all the real property benefited or burdened by said covenant is in common ownership. (Ora' 05 ' "�="3'^5) 16.20.020 Procedures. Whenever the approving authonty a'.eesi^- ^--' •- --''^ ^ • - •' "etennines, independently or based upon the recommendation of City staff, that a covenant of easement is needed for one or more of the purposes identified in Section 16.20.010 General , the approval, permit, or designation shall not become effective unless or until said covenant of easement is recorded. A. Whenever a covenant of easement is required herein, the covenant shall either: 1. Be in a form and manner approved by the City Attorney based upon the advice of the City Engineer and Director , executable by the City Engineer on behalf of the City; or 2. Be prepared by the City Attorney, executable by the City Engineer on behalf of the City. Whenever the City Attorney prepares a covenant of easement, the City shall be entitled to reimbursement from the applicant for the costs associated therewith. 16.20.030 Content of Covenant. Any covenant of easement prepared pursuant to this chapter shall contain, at a minimum, the following elements: A. Identification of the owner and/or owners of the real property to be burdened, including a statement that both the burdened and benefited parcels are under common ownership; B. A consent to said covenant of easement and the recording thereof by the record owner and/or owners to the covenant; C. Identification of the real property to be benefited and to be burdened by said covenant including a legal description of the same; January 2013 1 DRAFT Title 16 - Subdivisions Page 27 0 D. A statement that said covenant shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, including an express statement that said easement and covenant of easement shall not merge into any other interest in real property pursuant to California Government Code Section 65871(6); E. State that said covenant of easement shall run with the land, be binding upon all successors in interest to the burdened real property, more to all successors in interest to the real property benefited, and shall be subject to California Civil Code Section 1104; F. Identify the approval, permit, or designation granted which required the covenant; G. A statement identifying the odc section which sets forth the procedure for release of the covenant H. Identification of the City as a third party beneficiary; 1. Provisions concerning maintenance and the scope of use of the easement and J. An appropriate section for execution of said covenant of easement by the record owner or owners of the subject real property. ty.(Ofd 05 19 r^ `--. ", ^5) 16.20.040 Release of Covenant—Procedure. Any person may request that the City make a determination as to whether or not the restriction imposed by the covenant of easement is still necessary to achieve the City's land use goals. The determination of the need for the covenant of easement shall be made by the approving authority body-'e;�ity-C�naeil-er Planning CBMIRISSi011,__,.., _e that took final action on the original application. A person shall be entitled to only one such determination in any twelve (12) month period as indicated below:- A. To obtain a determination mentioned above, a "request for determination' application shall be made and filed with the City Clerk. Said application shall include a fee as set by resolution of the F+ry Council. B. Upon receipt of a completed application, the City Clerk shall set the matter for public hearing before the Planning Commission or City Couneil, as approving authority, and cause notice thereof to he given pursuant to Government Code Section 65090, and a copy of the notice shall be mailed to the record property owner or owners as shown on the Tax Assessor's latest equalized roll if other than the applicant and to all record property owners within one thousand difee hundred (300 (1.000) feet of the property. C. At the conclusion of the public hearing, the Planning Commission eF Cit C_.-..il as appfepriateaoorovine authority, shall determine and make a finding, based upon substantial evidence in the record, whether or not the restriction imposed by the covenant of easement is still necessary to achieve the land use goals of the City. If the Planning Cossmi' eF City Cinsneiias epprep4ateapomvine authority, determines that the covenant for easement is still required, the Planning Commission or City Council, as appropriate, shall by resolution determine that the need still exists. D. If the Plam ag Comm '• -- -- City ^- ne 1, --- ---•-approving authority, finds that the covenant of easement is no longer necessary, the Planning Gosamismproving authority, shall by resolution make the determination and finding and direct the City Attorney to prepare a release thereof and transmit the same to the City Clerk for recording. E. WenningCommission action on the continuing need for the covenant of easement is subject to appeal in accordance with Chapter 17.07_(Apoea6 and Certifications of ReviewH-eFse . this eede. F. The City Council's determination in subsections (C) and (D) of this section shall be final and conclusive. '^- . ,tee> January 2013 1 DRAFT Title 16 — Subdivisions Page 28 0 • 0 0 Chapter 16.21 SUBDIVISION IMPROVEMENTS Sections: 16.21.010 Requirements Generally. 16.21.020 Agreement to Guarantee Completion—Required. 16.21.030 Installation and Construction Costs. 16.21.040 Lot Sizes in Excess of Ten (10) Acres—Requirements. 16.21.050 Minor Land Divisions—Requirements. 16.21.060 Parcel Maps—Five-Acre Minimum Lot Size Requirement. 16.2 L070 Road Improvements. 16.21.080 Paving for Access Strips. 16.21.090 Improvements Other Than Highways and Street Lights. 16.21.100 Water Mains, Appurtenances and Fire Hydrants. 16.21.110 Supplemental Sewer or Drainage Improvements. 16.21.120 Fences for Watercourses or Drainage Facilities. 16.21.130 Street Lighting—Required. 16.21.140 Street Lighting Requirement Exception. 16.21.150 Street Tree Planting. 16.21.160 Planting Strips. • 16.21.170 16.21.180 Sidewalks—Required. Sidewalks—Not Required. 16-21,190 ,L NlRj9F Thoroughfare and Brldge Fees. M-100 M -211 -Mg 16.21.190 TrafP- C:c..�c-�.-. al 1 -ming. ,a . Communication Systems 16.21.010 Requirements Generally. A. The subdivider shall improve, or agree to improve, all land dedicated or to be dedicated on a final map or parcel map, or by separate instrument, for roads and easements and all private roads and private easements laid out on a final map or final parcel map, with those improvements, including sanitary sewers, needed for the general use of the lot owners in the division of land, and for neighborhood traffic and drainage. B. This section does not require: L Improvements to flood -control channels, which improvements are not solely for the benefit of the divisions of land; 2. Improvements to freeways; 3. Improvements excepted by the provisions of Section 16.21.080 (Paving for Access Strips). 16.21.020 Agreement to Guarantee Completion—Required. A. If any improvements be not completed to the satisfaction of the City Engineer, Director of Parks, Recreation and Community Services and/or Director -f ^---- - ^ ^� before the final map is filed, the subdivider shall, prior to the approval by the City Council of the final map, enter as contractor into an agreement with the City of °--,.-�,ma�.�,..^'-='- whereby, in consideration of the acceptance January 2013 I DRAFT Title 16 -Subdivisions Page 29 • by the Council of any dedication offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to famish all necessary equipment and material and to complete such work within the time specified in such agreement. B. If any improvements are not completed to the satisfaction of the City Engineer, the Director of Parks, Recreation and Community Services or the Directo before the final parcel map is filed with the County Recorder, the subdivider shall, prior to the approval by the aoorovine authority a'---'- ^ ---.ar'of the final parcel map, enter as a contractor into an agreement with the City of Santa Cliac ea whereby, in consideration of the acceptance by the City -f `-o,-..�,.a-Garito of any dedications offered by the subdivider and the approval of the final parcel map by the aoorovine authori Plenaing£emneissiea, the subdivider, as such contractor, agrees to famish all necessary equipment and material and to complete such work within the time specified in such agreement. (044. 00 , _ tri—y�rv,vvTrirt•z.Pv?) 16.21.030 Installation and Construction Costs. A. The cost of installing pipes and other facilities for the transmission of water may be paid for in whole or in part from revenues collected from the customers served at regular established water rates for the water utili eempany_ pursuant to regulations of the Public Utilities Commission where applicable, or by a public agency, as defined in Section 4401 of the California Government Code, from the net operating income only, as payment for the sale of water thereto. B. The subdivider may be reimbursed for a portion of theirhis costs as provided in Sections 66486 and 66487 of the Subdivision Map Act, or other reimbursement enabling acts. C. Except for assessments authorized after tentative map approval for the financing and completion of improvements required of the subdivider, all outstanding or remaining assessments on the land of the • subdivision established for improvements contracted under special assessment district proceedings shall be paid by the subdivider. 16.21.040 Lot Sizes in Excess of Ten (10) Acres—Requirements. AB. Where each parcel resulting from a division of land has a minimum gross area of twenty (20) acres of -6 Imal,no improvements shall be required in anv land use zone. $A- Where each parcel resulting from a division of land has a minimum gross area of ten (10) acres ertis-e FeSUltifig fi�ffi the SH)MR1 diV 6:011 Of an undem zed sent on of lend an having • a,mi_ .. ____ . _ _ _-_.o_:__ ice. _____and the entire division of land is zoned ogp eukufa,-(A) P&Non-Urban 4 (NU4). Non -Urban 3 (NU3), Non -Urban 2 (NU2) .er Non - Urban I (NUI). Open Space (OS) or Open Space -Agriculture (OS-A)by the CodeTi+ - '-�-af4:stoa<, streets or highways which traverse sloping remain shall be graded in accordance with engineering plans approved by the City Engineer, unless all lots abutting any such street or highway are within an area zoned to have a required area of ten (10) acres or more by the- -17 of thiseade. No other improvements shall be required. C. As used in this section, the term "improvements" does not refer to required monuments. The provisions of this section shall apply notwithstanding the provisions of any other section. (Orel -00-3, 24 00) 16.21.050 Minor Land Divisions—Requirements. Improvements shall not be required as a condition precedent to filing a parcel map on a minor land division where the aoorovineau[horiNa,-'�.--a:rg-^:asiar, finds that the existing systems and improvements adequately serve adjacent developed parcels, unless such improvements are necessary for the development of parcels within the division of land or we necessary to be consistent with the General Plan. January 2013 1 DRAFT Title 16—Subdivisions Page 30 0 0 16.21.060 Parcel Maps—Five-Acre Minimum Lot Size Requirement. A. Except as otherwise provided in this section and Section 16.21.100 (Water Mains. Appurtenances and Fire Hydrant), no improvements shall be required when each parcel resulting from a division of land has a minimum gross area of all he n -- - pareel inap h •- • _ •-oss area of five (5) acres or more and are within a Non -Urban or Open Spacesingle fs iii15 Fesid__ti •' -- agFieulmml zone. of within� B. As used in this section, the term "improvement" does not refer to required monuments. C. the parcel maps of five (5) acre lot size or more, this note shall be placed: "Further division of this property to lot sizes below five (5) acres will require standard improvements be completed as a condition of approval. The improvements will include, but not be limited to, providing access, installation of water mains, appurtenances and fire hydrants, and conformance to City a saaw-faarlta development standards." 16.21.070 Road Improvements. A. All mad improvements, including drainage structures incidental thereto and including two (2) foot cement concrete gutters wherever cement concrete curb is required, shall be installed to a grade approved by the City Engineer. Plans, profiles and specifications for such improvements shall be famished to the City Engineer no later than the time of submitting the final or final parcel map to the City Engineer for checking, and such plans, profiles and specifications shall be subject to the approval of the City Engineer before any such map shall be approved or certified. Such plans, profiles and improvements shall be in accordance with the standards of the City, as adopted by the Council. L The developer is responsible for refurbishing the half section of pavement along the frontage of the • development to the satisfaction of the City Engineer. 2. The developer is responsible for all street improvements along the project frontage with transitions built beyond the Project site. B. Where all lots in the division of land contain a net area of not less than twenty thousand (20,000) square feet or in an area allowed for by a Special Standards District, the rural street section, inverted shoulder, may be used in lieu of concrete curbs and gutters; provided, that curbs and gutters are not necessary for drainage purposes or to maintain an existing neighborhood pattem. C. In all locations required by the City Enginee[PiR•t-F..c T-^____.._.:__ __d F__:__-___ v._.:..__ bus stops shall be installed which shall include bus turnouts, bus shelter/benches, trash receptacles and signage to the satisfaction of the City Engineer. The right-of-way necessary to contain such improvements shall be dedicated by the developer. D. Developer shall pay street maintenance fees to cover the cost of one-time slurry seal of all pavements constructed as public streets within the development. E. Subject to the approval of the City Engineer, the developer shall install enhanced pedestrian crossing treatments adjacent to schools, parks, and facilities frequented by children, senior citizens and/or disabled persons. These treatments may include, but not be limited to, raised crosswalks, curb extensions, passive pedestrian detection systems, grade separated pedestrian crossings and in -pavement crosswalk lights. At the discretion of the City, in lieu of providing said improvements, the developer shall pay a fee equal to the City's cost of constructing the improvements. x S) 16.21.080 Paving for Access Strips. A. The approving authorimay require that single -access strips for a flag lots be paved to a width of fifteen (15) feet or to full width, whichever is less, and that multiple -access strips be paved to a total width of twenty-six (206) feet or to the full combined width of the access strips, January 2013 1 DRAFT Title 16 - Subdivisions Page 31 0 whichever is less, with asphaltic concrete or portland cement concrete. The Fire Department may require additional width beyond that indicated above B. Such surfacing shall be installed in accordance with the specifications for driveway paving within the Codes. 16.21.090 Improvements Other Than Highways and Street Lights. In the event that fences, walls, water mains, sanitary sewers, other means of sewage disposal or storm drains (other than structures incidental to road improvements) are installed or are to be installed as part of the improvement of a division of land, plans, profiles, specifications and all necessary details of the proposed construction shall be submitted to the City Engineer no later than the time of submitting the final map or final parcel map for checking, and shall be subject to final approval by the City Engineer before such final map shall be transmitted to the City -Council for approval, or before the final parcel map shall be transmitted for filing with the County Recorder, Such plans, profiles and specifications shall show full details of the proposed improvement, which shall conform to the standards of the City-ef&m4&42Iarite. Plans for sanitary sewers shall comply with the Sanitary Sewer and Industrial Waste Ordinance. Plans for other methods of sewage disposal shall comply with the City of Santa Qarita-Plumbing Code, Title 20 of the Muncipal Codediis--eede. Plans for water mains and fire hydrants shall comply with the Municipal Codei eetiaii 16 21.Ifo. (Oi:d� 09 3, 2'8'00) 16.21.100 Water Mains, Appurtenances and Fire Hydrants. A. The subdivider shall install, or agree to install, water mains and fire hydrants adequate for the domestic demand and general use of the lot owners and for fire protection to the division of land with a --This seeiian shall not apply Miem ail lots an the di% i5ion of land niap eenaii" a M Him" " gross area of five (5) acres, and the area is within a Non -Urban or Open Space zoncsiagi;-�� B. The water mains, appurtenances and fire hydrants required by this section shall comply in all respects with all statutes, ordinances, rules and regulations applicable at the time of installation. Such water mains, appurtenances and fire hydrants also shall be designed and constructed to deliver the fire flow and domestic water demands as determined by the Los Angeles C-" Fire DeoartmentFeraster-need -' `r=.� Wara''✓'-- pursuant to the specifications of service, design and construction set out and in conformance with the Utilities Code and Water System Requirements. C. On all final and final parcel maps of five (5) acre lot size or more, the following note shall be placed: "Further division of this property to lot sizes below five (5) acres will require that standard improvements be completed as a condition of approval. The improvements will include but not be limited to providing access, installation of water mains, appurtenances and fire hydrants, and conformance to standard City ef9eaie-0ari[adevelopment standards." 16.21.110 Supplemental Sewer or Drainage Improvements. Sanitary sewer or,drainage improvements installed by the subdivider for the benefit of the division of Ind may be required to contain supplemental size, capacity, length, depth or number, or to be altered in location, for the benefit of property not within the division of land in order to facilitate the orderly development of the surrounding area in a manner consistent with the policies of the General Plan. Such improvements shall be dedicated to the public. The -Qty Council shall enter into an agreement to provide for the payment of reimbursement to the subdivider and the collection of charges from the property beneliKedbeneftted by the supplemental improvements, in conformance with applicable state laws. January 2013 1 DRAFT Title 16—Subdivisions Page 32 0 • 0 0 16.21.120 Fences for Watercourses or Drainage Facilities. If, by reason of the location, shape, slopes, width, depth, velocity of water therein, or other characteristics of a watercourse or drainage facility on a dedicated easement, the proposed development of the division of land makes necessary the fencing of such watercourse or drainage facility, and the approving authori Alarming G&na%issiex so finds, the subdivider shall improve such watercourse or drainage facility with a e`�,aia4i"-O-'' wrought iron or tubular steel fence or equal, not less than five (5) feet high. Such fence shall be provided with an adequate number of gates to permit access for cleaning and maintenance. There shall be no apertures below the fence large enough to permit a child to crawl under such fence. If any portion of the channel of such watercourse or drainage facility constitutes any portion of the boundary of the division of land, the subdivider shall fence the side of such portion which is within the division of land. All other portions within the division of land shall be fenced on both sides of such watercourse or drainage facility. 16.21.130 Street Lighting—Required. The subdivider shall provide a street lighting system in each division of land. Plans for street lights shall be submitted accordance with the Municipal Cod04 ghway Peimit Ordmanee. 16.21.140 Street Lighting Requirement Exception. The requirement for street lighting systems may be waived if the approving authonLyPleauiag Commission finds that street lights will not be in keeping with the neighborhood pattern, is located in a Special Standards District that with street lighting requirements or all lots in the division of land contain a net area of not less than forty thousand (40,000) square feet and street lights are not necessary to serve such • lots so as to maintain the continuity of an established neighborhood street lighting pattern. t6.21.150 Street Tree Planting. Except as otherwise provided in this section, a subdivider shall plant trees along the frontage of all lots shown on a final map or final parcel map. The number, species, and location of such trees shall be as specified by the City Engineer. Tree planting is not required unless it is determined to be in the public interest: A. Along a segment of a street or highway to which the right of direct access from abutting lots has been relinquished; and B. Along streets and highways which are not improved with curbs and would cause a traffic safety issue. 16.21.160 Planting Strips. The Director of Parks, Reereittion and Community- -hall advise subdividers and their successors in interest in the selection and care of trees. ground cover, or shrubs to be planted in any required planting strip reservation on private property. (^-'�=, 1 '25''04) 16.21.170 Sidewalks—Required. Except as otherwise provided in th , the subdivider shall install sidewalks not less than five (5) feet wide: A. On both sides of entrance and collector streets within the division of land; B. On both sides of loop, interior and cul-de-sac streets; C. Along one side of service roads adjacent to abutting lots; D. Along highways shown on the General Plan Circulation May Joint Highway Plan"'-_,s,.e;- Plan m rtenal;',ig.`rway where no service road is provided, and lots in the division of land take direct access to the highway; and January 2013 1 DRAFT Title 16 - Subdivisions Page 33 0 E. Along highways shown on the General Plan Circulation Man Joint Highway Plan Mu t.--r-F',1M al ArterialHighwayswhere necessary in order to provide for the safety and convenience of pedestrians. (9rd. 00-3,:9'00) 16.21.180 Sidewalks Not Required. The construction of sidewalks is not required where any one or more of the following conditions exist and the approving authotitvpleaaixe f-exixtisaien so finds: A. Whem all lots in the Elisision of I-nA �anmifl , H-1 -r-, F not lessi thasi firiee" thousand (15,000) situare tattemi B. The construction of sidewalks would be impractical because of topographical conditions or because of other physical obstacles; B6. Sidewalks will not be in keeping with the neighborhood pattem. or CO. Sidewalks are not needed in, and will not benefit the area. D. Is located in a Special Standards District that allows the installation of sidewalks to be waived. January 2013 1 DRAFT Title 16 — Subdivisions Page 34 0 E E 0 January 2013 1 DRAFT Title 16 — Subdivisions Page 35 0 January 2013 1 DRAFT Title 16 — Subdivisions Page 36 0 r1 L_J 0 0 0 16.21.190 Communication Systems January 2013 1 DRAFT Title 16 — Subdivisions Page 37 16.23.010 Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents. Before commencing any improvement or recordation of a final or final parcel map, the subdivider shall deposit: A. With the City Engineer, the sum required by the Code''' - 16 of ..... ede the High.. _ Peinii Ardiaeoee; and the Municipal Code for all street lights or street light systems to be installed; B. With the City Engineer, the sum required by the Municipal Clity-Ceode, for all sewers and other improvements described in that division, to be constructed or installed; C. With City Engineer, a sum estimated by the City Engineer to cover actual cost of plan check and inspection of all improvements under theiritis-or�-'--- jurisdiction other than the improvements referred to in Subsection B of this section and a sum estimated by the City Engineer to cover the actual cost of reviewing documents for the issuance of a final clearance for compliance with tentative map conditions under th_irlirl- -- jurisdiction. This section shall not affect the requirement for deposits or fees as may be prescribed in any other ordinance. This subsection applies to all tract maps, parcel maps, waivers or certificates of compliance processed by the City Engineer, whether the property is within the limits of an incorporated city or not; D. With the City Engineer, a sum estimated by the City Engineer, including drainage structures incidental thereto. (Ofd. 00 3, 2 8 'BO) 16.23.020 Plan Check and Inspection Fees—Payment of Deficiencies. A_ If any deposit made pursuant to Section 16.23.0 10 (Deposits for Plan Check. Inspection and/or Review of Final Clearance Documents) is less than sufficient to pay all of the costs of plan checking or inspection, the subdivider, upon demand of the City Engineer, shall pay to the officer making the demand an amount equal to the deficiency. The fee shall be in accordance with the City's current fee schedule established by Council resolution. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered incomplete. Add tional plan eheel fees shall he assessed leF pFejeet that e3weeds dime an B. All reviews by the Citv Engineer shall become onN'and-andif more than 365 calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the ON Engineer. January 2013 1 DRAFT Title 16 — Subdivisions Page 38 0 • C� Chapter 16.23 FEES, BONDS AND DEPOSITS Sections: 16.23.010 Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents. 16.23.020 Plan Check and Inspection Fees—Payment of Deficiencies. 16.23.030 Improvement Agreement—Faithful Performance Bond Requirements. 16.23.040 Water Main Installation—Exemptions to Bond Requirements. 16.23.030 Improvement Agreement—Amounts. 16.23.060 Companies Authorized to Furnish Bonds—Conditions. 16.23.070 Security for Deferred Setting of Monuments. 16.23.080 Special Assessment Security. 16.23.090 Alternatives to Faithful Performance Bond Described—Procedures. 16.23.100 Reduction in Bond or Deposit on Portion of Work Completed. 16.23.110 Forfeiture on Failure to Complete. 16.23.010 Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents. Before commencing any improvement or recordation of a final or final parcel map, the subdivider shall deposit: A. With the City Engineer, the sum required by the Code''' - 16 of ..... ede the High.. _ Peinii Ardiaeoee; and the Municipal Code for all street lights or street light systems to be installed; B. With the City Engineer, the sum required by the Municipal Clity-Ceode, for all sewers and other improvements described in that division, to be constructed or installed; C. With City Engineer, a sum estimated by the City Engineer to cover actual cost of plan check and inspection of all improvements under theiritis-or�-'--- jurisdiction other than the improvements referred to in Subsection B of this section and a sum estimated by the City Engineer to cover the actual cost of reviewing documents for the issuance of a final clearance for compliance with tentative map conditions under th_irlirl- -- jurisdiction. This section shall not affect the requirement for deposits or fees as may be prescribed in any other ordinance. This subsection applies to all tract maps, parcel maps, waivers or certificates of compliance processed by the City Engineer, whether the property is within the limits of an incorporated city or not; D. With the City Engineer, a sum estimated by the City Engineer, including drainage structures incidental thereto. (Ofd. 00 3, 2 8 'BO) 16.23.020 Plan Check and Inspection Fees—Payment of Deficiencies. A_ If any deposit made pursuant to Section 16.23.0 10 (Deposits for Plan Check. Inspection and/or Review of Final Clearance Documents) is less than sufficient to pay all of the costs of plan checking or inspection, the subdivider, upon demand of the City Engineer, shall pay to the officer making the demand an amount equal to the deficiency. The fee shall be in accordance with the City's current fee schedule established by Council resolution. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered incomplete. Add tional plan eheel fees shall he assessed leF pFejeet that e3weeds dime an B. All reviews by the Citv Engineer shall become onN'and-andif more than 365 calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the ON Engineer. January 2013 1 DRAFT Title 16 — Subdivisions Page 38 0 • C� 0 16.23.030 Improvement Agreement—Faithful Performance Bond Requirements. The agreement referred to in Chapter 16.21 (Subdivision Improvements) shall be accompanied by a faithful performance bond guaranteeing thefd&W performance of all work, the inspection of which is the duty of the City Engineer, in a Penal sum which, in the opinion of the City Engineer equals the costs thereof, except for monumenmtion work, the agreement shall be accompanied by cash. or other surety as determined by the City Engineer, guaranteeing the faithful performance of the work. In the case of monumenmtion, the agreement shall be accompanied by cash guaranteeing the faithful performance of work. (Ofd. 00 1, 2,g QQ) 16.23.040 Water Main Installation—Exemptions to Bond Requirements. If the subdivider shows to the satisfaction of the City Engineer that he has entered into a contract with a water utility, as defined in the Water Ordinance set out in this code, to construct water mains as required by the Municinal Code*is-T;t.a.e, which contract makes the City, eFSeatu-GR 4A -a party thereto and provides that such contract may not he modified or rescinded without the consent of the City except as required by the Public Utilities Commission, and has deposited with such water utility security for the payment of such water utility which the City Engineer finds adequate, the subdivider need not accompany his agreement to install such water mains with a faithful performance bond or a labor and materials bond. The City Engineer is hereby authorized to execute said contract on behalf of the CityefBentaBlarite. 16,23.050 Improvement Agreement—Amounts. Improvement security shall be for the following amounts unless otherwise stated in the Codethis Title 46: A. An amount estimated by the City to be equal to the cost of improvements covered by the security, • guaranteeing the faithful performance of the improvement work, plus an amount equal to the cost of inspecting the improvement work; plus an amount estimated by the City to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. B. An amount estimated by the City to be equal to fifty (50) percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or famishing labor or materials to them. 16.23.060 Companies Authorized to Furnish Bonds—Conditions. All tax bonds famished under authority of the Subdivision Map Act, and all faithful performance bonds referred to in this chapter shall be: A. Furnished by a surety company authorized to write the same in the State of California; and B. Subject to the approval and acceptance by the CiwClerk-ef4he-Cipj— ne;: and Citv Engineer. 16.23.070 Security for Deferred Setting of Monuments. The agreement referred to in Section 16.05.070 (Inspection and Approval of Monuments) shall be accompanied by cash in a pena4-sum which, in the opinion of the City Engineer, equals the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every respect complying with such agreement A labor and materials security shall not be required. (04 00-3,x'9 O0) 16.23.080 Special Assessment Security. The security required for unpaid special assessments by Section 66493(c) of the Subdivision Map Act shall be money, negotiable bonds, savings and loan shares or instruments of credit, and shall comply with Section 16.23.050 (Improvement Agreement—Amounts). January 2013 1 DRAFT Title 16 - Subdivisions Page 39 0 16.23.090 Alternatives to Faithful Performance Bond Described—Procedures. In lieu of any faithful performance bond required by this chapter an(tor security as required by Sections 16.23.070 (Security for Deferred Setting of Monuments) and 16.23.080(Soeclal Assessment Security), the subdivider may deposit with the City Engineer, Director of Parks, Recreation and Community Services, or the Director, on behalf of the City Council, a sum of money or negotiable bonds, or savings and loan certificates or shares equal to the required amount of the improvement security for the faithful performance thereof. If the subdivider deposits saving and loan certificates or shares, he also shall assign such certificates and shares to the Cid, and such deposit and assignment shall be subject to all of the provisions and conditions of this code. Instruments of credit, pursuant to Section 66499(a)(3) of the Subdivision Map Act, may also be furnished in lieu of any faithful performance security required by this chapter. (OFd. 00 3, 24'004 04 nc 1 c , c r,_, n< 19 c , 12.113 605) 16.23.100 Reduction in Bond or Deposit on Portion of Work Completed. A. When any portion of an improvement has actually been fully completed, the City Engineer, Director of Parks, Recreation and Community Services or the Director 4G ------- ----•, whose duty it is to inspect such improvement may, in theirhis discretion, authorize from time to time a reduction in the bonds or instruments of credit, or a partial withdrawal of funds, or a partial reassignment and withdrawal of savings and loan certificates or shares, which bonds, instruments of credit, funds, certificates or shares were deposited in lieu of a faithful performance bond required by this chapter, equal to the estimated cost of such completed portion. B. This section does not authorize a reduction or withdrawal for partial completion of any or all of such improvement. (Ord. 90 3, 2,18.'90t n -a n< , _a n< 19c , 1243'95 16.23.110 Forfeiture on Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the City Engineer, the Director of Parks, Recreation and Community Services, or the Dimctor�f Commit i py Development, may, upon notice in writing of not less than ten (10) days, served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than twenty (20) days served by certified mail addressed to the last known address of the person, fine or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted, and may cause to be forfeited to the City such portion of said sum of money or bonds given for the faithful performance of said work, or may cash any savings and loan certificates or shares deposited and assigned to assure faithful performance of said work in such amount as may be necessary to complete such improvement work. The City Attorney shall take legal action required for the enforcement of subdivision improvement agreements when requested to do so by the City Engineer, the Director of Parks, Recreation and Community Services, or the Director of -^o-- m ^ De lopmen:. (Ofd. 00 3. _ - . 05 1 . -, -: ^-'. ^_ 19 k 2, i 2.'-13!&5) January 2013 1 DRAFT Title 16 - Subdivisions Page 40 11 0 E Chapter 16.25 TENTATIVE TRACT AND PARCEL MAPS Sections: 16.25.010 Processing. 16.25.020 Submission for Approval Required. 16.25.030 Fees Required. 16.25.040 Contents and Submittal Requirements. 16.25.050 Map Number. 16.25.060 Identity of Subdivider. 16.25.070 Fees for Notice to Tenants for Public Rearing on Condominium Conversion. 16.25.080 Revised Tentative Map Fee. 16.25.090 Access to Property. 16.25.100 Distribution of Copies. 16.25.110 Authority of the Planning Commission. 16.25.120 Rejection Where Use Prohibited. 16.25.130 Duration of Approval—Extensions. 16.25.010 Processing. A tentative map shall be filed and processed m outlined in t Division 17.00 (Geneml Procedures) and Division 17.20 (Applications) of this Code and as specified by Council resolution lee-wbdi'Sign -aad • 16.25.020 Submission for Approval Required. A tentative map shall be submitted to the Planning Division Dep�eo! of Community DeNrelepment and approved in accordance with the provisions of the Subdivision Map Act and the subdWisieeCeode prior to the submittal of a final map, final parcel map or reversion to acreage for approval. (04 00-3''8'0@i OFF 0 _i OFd. _ 16.25.030 Fees Required. The filing fees shall be paid as- shall be in accordance with the City's current fee schedule established by the Council resolution. 16.25.040 Contents and Submittal Requirements. The subdivider shall provide the information and documents required by City resolution as well as the following: A. Approximate location of all areas subject to flooding and the location and directions of flow of all watercourses. B. A soil or geologic report when required by the City Engineer. C. A relocation impact report, which contains the information required pursuant to Government Code Section 66427.4 and Municipal Code Section 6.04.030 fRelocation Impact Report)., if the tentative map or parcel map involves the subdivision of a manufactured home park or mobile -home park. (04 97-6, ." January 2013 1 DRAFT Title 16 - Subdivisions Page 41 J 16.25.050 Map Number. The Los Angeles County Department of Public Works shall assign map numbers for tentative, final and parcel maps. Before submitting a map, the project engineer or surveyor shall obtain a number from the County Engineer. 16.25.060 Identity of Subdivider. When a tentative map is submitted, the C may require the subdivider to show the following: A. The applicant is the owner of the property shown on the proposed subdivision map. B. That the applicant has an option or contract to purchase the property or the portion which theyhe does not own. C. That [heyhe are -is the authorized agent of one who meets the requirements of subsection (A) or (B) of this section. w4 00 3, 2'8,1 ,e. 95 1 s -.. Q _ 5-19-4-2 124 . 3'05) 16.25.070 16.25.070 Fees for Notice to Tenants for Public Hearing on Condominium Conversion. The notification fees shall be paid pursuant to Government Code Section 55451.3 as required by City ordinance, and resolution and Division 17.00 (General Procedures), 16.25.080 Revised Tentative Map Fee. The revised map fees shall be paid beginning with the Owd inaje- fe - and each revision fhereufter as required by Councilresolution. 16.25.090 Access to Property. The approving authorityAairn, ,.-�...�,e-�--0--0 -- may require as a condition of approval of a tentative map that the subdivider produce evidence that the property as divided will have access to a public street or highway. 16.25.100 Distribution of Copies. Upon the submittal of a tentative map, the appropriate number of copies and all other submittal requirements, the Director _o "- — pmeW shall distribute copies of the map to all other agencies and City departments having an interest in the proposed division of land. fArd.-803 2'8'00; Ard. c 19c2 12 ,13,05) 16.25.110 Authority of the Planning Commission. The lil"ningC,ommission is authorized to approve, conditionally approve or disapprove tentative maps and to exercise the responsibilities as specified by Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act When tentative maps are part of an action that requires Council action, the Council shall be the Aopmving Authority. When the proposed tentative map or parcel map involves the subdivision of a manufactured home park or mobile -home park, the Planning -Commission is not authorized to approve any tentative maps until the subdivider has obtained a tentative permit pursuant to Municipal Code Chapter 6.04 (Manufactured Home Parks - Change of Use. Further, the Planningapproving authority shall condition its approval of such a tentative map or final parcel map on the grunting of a final permit being granted to the park owner pursuant to Section 6.04. 120 (Appeal from Imposition of Conditions for Change of Use). r^-'. ^ _ , January 2013 1 DRAFT Title 16 - Subdivisions Page 42 E • 0 0 16.25.120 Rejection Where Use Prohibited. The aonroving authority may reject a tentative map if the only practical use which can be made of the property as proposed to be divided is a use prohibited by any ordinance, statute, law or other valid regulation. 16.25.130 Duration of Approval"'�:aas. The approval of a tentative map shall be effective for a period as indicated in Section 17.06.330 (Time Limits and Extensions). F7,B♦-WB. If the DiFe.......................:.r d._W_ .i.. ___ _,. f__ OR elifeflSiOfl. the _ bilk id._ may appeai to the city 9C Santa Claf4a C-Offifflissien within the amount Af t me speeiried in the I* January 2013 1 DRAFT Title l6—Subdivisions Page 43 0 11 Chapter 16.27 VESTING TENTATIVE MAPS Sections: 16.27.010 Application. 16.27.020 Processing. 16.27.030 Fees Required. 16.27.040 Additional Contents. 16.27.050 Expiration. 16.27.060 116.27,"@" Vesting on Approval of Vesting Tentative Map. ASIS' Appl:eations-ineensistent with Existing PeOeies. 16.27.010 Application. When a provision of the _eode requires the filing of a tentative tract or parcel map; the subdivider may instead file a vesting tentative map in accordance with these provisions. The filing of a vesting tentative map is at the exclusive option of the subdivider and shall not be a prerequisite to any proposed subdivision or an application for development. 16.27.020 Processing. A vesting tentative map shall be filed in the same form, possess the same contents and he processed in the same manner as a tentative tract or parcel map whichever is applicable, including, but not limited to, criteria for rejection, dedications and the imposition of conditions, except as hereinafter provided. 16.27.030 Fees Required. The filing fees shall -be-pai9 shall be in accordance with the City's current fee schedule established by Council , resolution. 16.27.040 Additional Contents. At the time a vesting tentative map is filed, it shall contain on its face in a conspicuous manner the words "Vesting Tentative Map" The subdivider shall provide the information and documents required by the City 16.27.050 Expiration. An approved or conditionally approved vesting tentative map for a tract eF JbF a mineF'and division shall be effective for the periods of time as specified for tentative maps. 16.27.060 Vesting on Approval of Vesting Tentative Map. A. The approval or conditional approval of a vesting tentative map by the eyW2Mvina authority shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code. B. Notwithstanding the above provisions, a permit, approval, extension and/or entitlement may be made conditioned or denied if any of the following are determined by the 400l ageneeyaromvine authority: January 2013 1 DRAFT Title 16—Subdivisions Page 44 0 C. D. E. • F. 0 1. Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety; or 2. The condition or denial is required in order to comply with the mandates of either state or federal law. The vested rights created herein by the approval or conditional approval of a vesting tentative map shall lapse, expire and be of no force and effect if the final map, final parcel map or grant of waiver is not approved by the C-Ny-Council or other entity authorized to grant approval prior to the time limits set forth If a final map, final parcel map or grant of waiver is approved nein compliance with said section, these vested rights shall be effective for an initial period of not to exceed one year thereafter. Prior to the expiration of the initial one-year period, the subdivider may apply for an additional one-year extension of the period of the vested right to the Director -f COINHIMn .. DeYel--a---•. Ff-the--MI M 4ea H-, C-SM!"iSSIOR within fifteen (15) days ..G--lha....I:eR of the g dyisei. ,...-b.ney Where several final maps, final parcel maps or grants of waiver are recorded on various phases of a development project covered by a single vesting tentative map, the aforesaid one-year time period shall run for each phase when the final map, fina arcel map or grant of waiver for that phase is recorded. The subdivider may file for a one-year extension as provided for in subsection (C) of this section -end Where a complete application for a building permit is submitted by the subdivider within the time periods set forth above, the vested rights conferred by this chapter shall continue in full force and effect until the expiration of that permit, or any valid extension of the permit which may be granted by the Pepa�enf 6Fhe Director. The precise amount of fees required to be paid as a condition precedent to recording a map and/or completing a development shall be the amount in effect at the time of payment of fees. January 2013 1 DRAFT Title l6 -Subdivisions Page 45 0 Chapter 16.29 FINAL MAPS AND FINAL PARCEL MAPS Sections: 16.29.010 Separated Parcels—Restrictions. 16.29.020 Evidence of Title. 16.29.030 Matters Required for Submittal. 16.29.040 Street Improvement Plan Checking Fees. 16.29.050 Final Parcel Map Processing Fees. 16.29.060 Tract Map Processing Fees. 16.29.070 City Engineer Action. 16.29.010 Separated Parcels—Restrictions. No parcel of land shall be divided on any single map when suc a eParA is separated or divided into two (2) or more parcels or portions by any parcel of land other than a street, alley, railroad right-of-way, and when such land is so separated, each pmcel or portion thereof, if divided, shall be divided as a separate parcel and shown on a separate map. 16.29.020 Evidence of Title. The evidence of title required by Section 66465 of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be • subdivided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on any such final map of land in Cid, the said certificate of title or policy of title insurance shall be issued for the benefit and protection of the City�f Santa OdFita. Such certificate or policy shall be dated and delivered upon request of the City Engineer when such final map is ready for recordation. 16.29.030 Matters Required for Submittal. At the time of submittal of the final tract map or parcel map, or prints thereof, the following matters shall be submitted to the City Engineer as an aid in the processing of the final maps: A. Complete copies of all deeds referenced on the map or required for the interpretation of deeds referenced on the map; B. Complete copies of all field -book pages referenced on the map; C. Complete copies of all other documents and information referenced on the map; D. Mathematical traverses, in a form acceptable to the City Engineer, of the boundary of the division of land, block boundaries, not -a -part areas, centerline loops and each lot or parcel shown on the map; E. A print of the most recent Assessor Map Book page or pages covering the proposed division of land; F. Complete copy of final map in digital format as designated by the City Engineersireeter—of T.. ..v c ) 16.29.040 Street Improvement Plan Checking Fees. A. Where the City Engineer is required to check street improvement plans for a parcel or tract map under the provisions of the Subdivision Map Act, the subdivider shall pay a plan checking fee to the City Engineer in addition to all other fees and charges required by law. These fees, payable upon submission or resubmission of the plans for checking by the City Engineer, shall be based on estimated January 2013 1 DRAFT Title 16—Subdivisions Page 46 0 construction costs and number of resubmittals, and are based on the fee schedule as approved by the C-ty-Council. Additional _i._ _lteek c_._ _h_n be ., a f_- ptajeetsexeeedpia ebeeks:-EArd. 00 3 -? &'00i B. All reviews by the City Engineer shall become xaN-end-veWinvalid if more than 365 calendar days transpire between return of the plan check to the annlicant and receipt of the successive plan check by the City Engineer. 16.29.030 Final parcel Map Processing Fees. A. Where the City Engineer processes a final parcel map, waiver or certificate of compliance under the provisions of the Subdivision Map Act, the subdivider shall pay a processing fee to the City Engineer in addition to all other fees and charges required by law. This fee, payable upon submission of the final parcel map, waiver or certificate of compliance or a print thereof, for review by the City Engineer or determination of compliance with the Section 66492 of the Subdivision Map Act by the City of Sante Clark&. shall be the total of the following application fees based on the current fee schedule established by-FeqoIH4owef#k�G+P,pLCouncil resolution: 1. An analysis fee based on the number of parcels; 2. An easement checking fee where easements other than those of the local agency are delineated on the final map; 3. A monument inspection fee; 4. A fee for verification that the final parcel map, waiver or certificate of compliance is consistent with, and is in compliance with the requirements of the conditions of tentative approval; 5. A fee shall be paid for the processing of each improvement shown on an agreement and/or • improvement security, other than security for payment of taxes; a fee for the processing of each request for an extension of time in which to complete the work required under an agreement or agreements per City ordinance and/or resolution; 6. A Fe9ohinktal f�e shall be paid % th the fewth subintintall ef the originals an&@F rknts of the fine! p—A-marn pafe�..r in.-. 9. fee shall be paid for processing documents if dedications or offers of dedication are made by separate instrument in conjunction with a certificate of compliance processed under the provisions of Chapter 16.35 (Certificates of Compliance - Notices of Violation) of this title. B. If dedications or offers of dedication are made by separate instrument in conjunction with a final parcel map, or grant of waiver and certificate of compliance, the subdivider shall reimburse the City Engineer for the cost of preparing or checking the separate instruments. 16.29.060 Tract Map Processing Fees. A. Where the City Engineer processes a tract map under the provisions of the Subdivision Map Act, the subdivider shall pay a map processing fee to the City Engineer in addition to all other fees and charges required by law. This fee, payable upon submission of the final tract map, or a print thereof, for review by the City Engineer or determination of compliance with Section 66492 of the Subdivision Map Act by the City-eP&anw-E4 Fita, shall be the total of the following applicable fees: 1. An analysis fee based on the number of lots; January 2013 1 DRAFT Title 16 -Subdivisions Page 47 CJ 2. An easement checking fee where easements other than those of the local agency are delineated on the final tract map; 3. A monument inspection fee; 4. A fee for verification that the final map is consistent with, and is in compliance with the requirements of the conditions of tentative approval; 5. A fee shall be paid for the processing of each improvement shown on an agreement and/or improvement security, other than security for payment of taxes; a fee shall be paid for the processing of each request for an extension of time in which to complete the work required under an agreement or agreements; - o nap . traet map; 8. A Fesubmitial Pe shall he paid w th the eighth and eaeh subsequent submittal of the eFiginals BREPOF ffifit!i Bf the final wee! map, B. If dedications or offers of dedication are made by separate instrument, the subdivider shall reimburse the City Engineer for the cost of preparing the separate instruments. C All reviews by the Citv Engineer shall become null and void if more than 365 calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the City Engineer. 16.29.070 City Engineer Action. A. Upon acceptance of the final map and accompanying documents, fees and materials for filing, the City Engineer shall cause the same to be examined and, if found to be in substantial conformity with the approved tentative map and if found to be complete, technically correct, in conformity with improvement plans and specifications, and in compliance with the requirements of these regulations, planned streets and other applicable specific plans and ordinances, shall execute the City Engineer's certificate on the map, and shall file said map and accompanying materials with the City Clerk. —No final map shall be certified or filed with the City Clerk until the required improvements have been installed or agreed to be installed in accordance with Chapter 16.21-jSubdivision Improvements!. Where the City Engineer determines that the final map is not in substantial conformity with the approved tentative map, no final map shall be approved. The subdivider shall either revise the final map such that it is in substantial conformity; or file a new tentative map application; or file an application to modify the tentative map. B. Should the map or other accompanying documents, fees or materials be found to be incomplete or incorrect in any respect, the subdivider shall be advised, in writing, of the changes or additions that most be made before the map may be certified. If the defect is the result of a technical and inadvertent error which, in the opinion of the City Engineer, does not materially affect the validity of the map, the City Engineer may waive the defect and execute the certificate of approval. C. The City Engineer need not approve a final map which is substantially similar to the approved tentative map if, in 1rie4rertheir opinion, circumstances concerning the design and improvement of the subdivision, as they relate to the public health, safety and welfare, have changed since approval of the tentative map, and such changed circumstances warrant reconsideration thereof by the advisory agency. In such instance, the City Engineer shall return the map to the advisory agency for further consideration. D. The City Engineer shall approve all final maps which include only irrevocable offers of dedication or no dedications or easementsless. The City -Council shall approve all other final maps. Both the City January 2013 1 DRAFT Title 16 - Subdivisions Page 48 n U • C� 0 Engineer and Qvjy Council shall act upon final maps within the time period prescribed by the Subdivision Map Act (Sections 66442(6) and 66458 for final maps, and Sections 66450(c) and 66463(c) for parcel maps). 1. For any final maps subject to City Engineer approval, the City Engineer shall: a. Notify the Fily-Council at its next available regular meeting that the City Engineer is reviewing the map for final approval; and b. Approve or disapprove the final map within ten (10) days of the above meeting. 2. The City Clerk shall include with the agenda for the meeting described in subsection (DX IXa) of this section, as well as post with such agenda, notice of the pending review of such final map by the City Engineer, and shall mail copies of such notice to any interested parties who request notice. 3. The City Engineer's action on a final map may be appealed to theL-ity Council, pursuant to Section 2.04.100 Council et seq. 4. The QPjy Council shall periodically review the designation of approval authority to the City Engineer. 5. Any final map that is approved but not recorded within twelveiweaty-fe (IL4) months of the date of such approval "`.�.e . -&Fim.--`mtienrdate") or by such date as established by the Director- f Ge�o"ity Deyelepmem, shall be null and void and such final map, and any associated tentative map, shall be of no further force and effect, unless such tentative map has not expired by the expiration date, in which case the tentative map shall still be valid for the remainder of its approved tens. E. The City -Council or City Engineer shall act to either accept, modify or reject all subdivision improvements. (04 " OFd k4 "„'^„ • January 2013 1 DRAFT Title 16 -Subdivisions Page 49 9 Chapter 1631 MAPPING SPECIFICATIONS Sections: 16.31.010 Title Sheet—Contents. 16.31.020 Reversion to Acreage—Title Sheet Information. 1631.030 Evidence Determining Boundaries. 16.31.040 Orientation of Map and Map Sheets. 16.31.050 Title, Scale, North Point, Number and Cross References. 1631.055 Additional Information. 1631.060 Block Designation. 16.31.070 Lot Numbers. 1631.080 Bearings and Lengths of Lines. 1631.090 California Coordinate System as Basis of Bearings. 16.31.100 Curve Data. 16.31.110 Area Designation. 1631.120 City Boundary Lines. 1631.130 Highway and Street Names. 1631.140 Highway Widths and Centerlines. 1631.150 Easements—Identification. 16.31.160 Easements—Designation on Map. 16.31.170 Easements—Lines, Ties and Other Evidence. 1631.180 Easements—Widths and Ties. 1631.190 Easements—Bearings on Lot Lines. 1631.200 Easements—Notes and Figures. 1631.210 Easements—Dedication. 1631.220 Land Subject to Overflow, Ponding or High Groundwater. 1631.230 Land Subject to Flood Hazard, Inundation, or Geological Hazard. 1631.240 Flood -Hazard Area, Floodway or Natural Watercourse Designation. 1631.250 Open Space Dedication/Easements. 1631.010 Title Sheet—Contents. A. The title sheet of each map shall contain a title 4de-consisting of the words "Tract No." and the number of the division of land on a final map, or the words "Parcel Map No." and the number of division of land on a parcel map; also the words "in the City of Santa Clarita' ; also except as provided in Section 16.31.020 (Reversion to Acreaee—Title Sheet Information) of this chapter, a subtitle consisting of a description of all the property being divided, by reference to such map or maps of the property shown thereon, as shall have been previously filed or recorded in the office of the County Recorder or shall have been previously filed with the City Clerk pursuant to a final judgment in an action in partition, or shall have been previously filed in the office of the County Recorder under authority of Division 3 of Title 7 of the Government Code or by reference to the plat of any United States survey. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the County Recorder. January 2013 1 DRAFT Title 16 — Subdivisions Page 50 n L� • E 0 B. Each reference, in such description, to any division of land shall be spelled out and worded identically with the original record thereof, and must show a complete reference to a book and page of records of the county, C. Upon such title sheet the certificate of the surveyor or engineer referred to in Section 66449 or 66441 of the Subdivision Map Act shall appear. Also upon such title sheet, or upon at least one map sheet shall appear the basis of bearings, making reference to a recorded subdivision map, County Surveyor's Map or other record acceptable to the City Engineer, or to a solar or polaris observation. D. Pursuant to Sections 66434 and 66445 of the Subdivision Map Act, certificates, affidavits and acknowledgements may be legibly stamped or printed upon the tide sheet of the final map or parcel map with opaque ink. All stamped or written matter, including signatures, shall be so made with opaque ink that legible blue -line prints may be obtained therefrom. 16.31.020 Reversion to Acreage—Title Sheet Information. A. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "A Reversion to Acreage of." (insert a legal description of the land being reverted). B. A parcel map may be used to revert to acreage land previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership. 16.31.030 Evidence Determining Boundaries. A. On each final map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with • sufficient comers of adjoining divisions of land, by lot and block number, subdivision name or number and place of filing, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision. B. The City Engineer may require that field survey be performed in order to establish the boundary of any final parcel map and shall examine such survey for compliance with the Subdivision Map Act and Land Surveyor's Act. 16.31.040 Orientation of Map and Map Sheets. The map on each sheet and the lettering thereon shall be so oriented that, with the north point direction away from the reader, the map may be read most conveniently from the bottom or lower right comer of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book, the left page being always blank. 16.31.050 Title, Scale, North Point, Number and Cross References. Each sheet of a final map or final parcel map, excepting the title sheet or sheets thereof, shall bear the main tide of the map, the scale of the map, north point and sheet number, together with a designation of the relation, if any, between each sheet and each other sheet thereof. 16.31.055 Additional lnformation.i Additional information which does not affect record title interests shall be placed on a separate document or additional map sheet which shall indicate that it is for informational purposes and is not intended to affect record title interests. Such additional information may include without limitation, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping and archaeological sites. The final or final parcel map shall contain a notation of reference to the separate document or additional map sheet. January 2013 1 DRAFT Title 16—Subdivisions Page 51 11 16.31.060 Block Designation. In the event that the subdivider elects to number or letter the blocks in any division of land, all blocks therein shall be numbered or lettered in numerical or alphabetical order, respectively, commencing with the number "I" or the letter "A," and continuing without omission or duplication. Such numbers or letters shall be solid and of sufficient size and thickness as to be conspicuous on the map, and shall be so placed as not to obliterate any figure, dimension or course, and shall not be enclosed in any circle or other design. Except where necessitated by a scale sufficiently large to show all details clearly, no block shall be divided between two (2) or more sheets. 16.31.070 Lot Numbers. In the event that the blocks of any division of land are numbered or lettered, the lots in each block therein shall be numbered beginning with the number I. and continuing without omission or duplication in any such block. Otherwise, the lots shall be numbered beginning with the number "l," and continuing without omission or duplication throughout the entire division of land. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one sheet. 16.31.080 Bearings and Lengths of Lines. The bearing and length of each lot line, block line and boundary line shall be shown on the final map or final parcel map; provided, that when bearings and lengths of lot lines in any series of lots are the same, either the bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full, and no, ditto mark or other designation of repetition shall be used. Bearings shall be shown to the nearest second and distances shall be shown to the nearest one one-hundredth (1/100) of a foot. 16.31.090 California Coordinate System as Basis of Bearings. Each map shall use a nearby bearing shown on a recording map or record of survey for its "Basis of Bearings" and shall express all measured and calculated bearing values in teams of said system. The angle of grid divergence from a true meridian (theta or mapping angle) and the north point of said map shall appear on each sheet thereof Establishment of said basis of bearings may be by use of existing horizontal control stations or astronomic observations. (Oni. 09-3-x'9490 16.31.100 Curve Data. The length, radius and total central angle or bearings of terminal radii of each curve and the bearing of each radial line to each lot comer on each curve, or the central angle of each segment within each lot, shall be shown thereon. 16.31.110 Area Designation. Upon each lot containing an area of three-fourths of an acre or more shall be designated the acreage of such lot shown to the nearest one one-hundredth (1f 100) of an acre. 1631.120 City Boundary Lines. Upon the final map or final parcel map shall be shown on each city boundary line eressinger-adjoining the division of land, and such line shall be clearly designated and tied in. January 2013 1 DRAFT Title 16—Subdivisions Page 52 0 0 16.31.130 Highway and Street Names. A. 1. Highway names within the boundaries of a division of land shown on a final map or final parcel map shall be submitted to the City Engineer for approval, and if duplicated elsewhere in the City or m nearly the same in spelling or pronunciation as to cause confusion, the City Engineer may require some other time. 2. Unless a name is so duplicated or confusing, it shall be the same as the name of any highway of which it is on line of extension, or the name to which said street or highway may be in the process of being changed. B. Highways (except alleys or walks) extending approximately northerly and southerly shall be designated "avenue' and those extending approximately easterly and westerly shall be designated "street," except where such highway is on line of extension of a major or secondary highway or a highway of unusual prominence in the City highway system, and which bears an established time not conforming to this requirement, in which case the established name may be approved by the City Engineer. C. Highways which materially change direction shall bear the name and suffix designated by the City Engineer as most closely conforming to a suitable house numbering system. D. The word "avenue;' "boulevard;' ..place," or other designation of any such highway, shall be spelled - out in full. E. The name of each newly dedicated portion of any highway shall be shown in or arrowed to such newly dedicated portion, 16.31.140 Highway Widths and Centerlines. A. There shall be shown upon each final map or fia_al parcel map the centerline of each highway, street or • way, the total width thereof, the width of that portion, if any, to be dedicated and, in the case of any existing highways, streets, or ways, the width thereof, and the width of each highway, street or way on each side of the centerline thereof On each such centerline sball be shown the bearing and length of each tangent and radius, central angle and length of each curve. B. The final map or finalparcel map shall show the width of each railroad right-of-way, flood control or drainage easement and each other easement appearing on such map, whether previously of record or offered for dedication on such map. 16.31.150 Easements—Identification. Each easement shall be clearly labeled and identified and, if of record, the record reference shall be shown thereon. 16.31.160 Easements—Designation on Map. Each easement shown for any storm drain or sewer or fire access shall be designated on the final map or final parcel map by fine dashed lines. 16.31.170 Easements—Lines, Ties and Other Evidence. Upon a final tract map or final parcel map shall be shown the centerline or side lines of each easement to be dedicated to the City or previously dedicated to the City, and those easements required to be shown by the approving authoritvlien to which the lots in the division of land are subject. In the event that such easement is not definitely located of record, a statement showing the existence of such easement shall be placed on the map. A statement showing the existence and purpose of all easements other than those of the City shall be placed on the map to the satisfaction of the City Engineer. January 2013 1 DRAFT Title 16 — Subdivisions Page 53 0 16.31.180 Easements—Widths and Ties. The width of easements or the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate such easements with respect to a division of land shall be shown on the final map or parcel map. 16.31.190 Easements—Bearings on Lot Lines. Distances and bearings on the side lines of lots which are cut by easements shall be arrowed or so shown as to indicate clearly the actual length of each lot line. 1631.200 Easements—Notes and Figures. All notes or figures pertaining to each easement shall be subordinated in form and appearance to those relating to the division of land itself. 16.31.210 Easements—Dedication. If an easement is being dedicated by a final map, it shall be properly set out in the owner's certificate of dedication on the map. 16.31.220 Land Subject to Overflow, Ponding or High Groundwater. If any portion of such land is subject to sheet overflow or ponding of local storm water, or should the depth to groundwater be less than ten (10) feet from the ground surface, the Cib� Engineeri4enniag Commission shall so inform the State Real Estate Commissioner. 1631.230 Land Subject to Flood Hazard, Inundation, or Geological Hazard. A. If any portion of the land within the boundaries shown on the tentative map of a division of land is subject to flood hazard, inundation or geological hazard, and the probable use of the property will require structures thereon, the approving authority_?'?'---iwg-C --°- -- may disapprove the map or that portion of the map so affected and require protective improvements to be constructed as a condition precedent to approval of the map. B. Approvals of land subject to flood hazard shall comply with the current federal floodplain management regulations. C. If any portion of a lot or parcel of a division of land is subject to flood hazard, inundation or geological hazard, such fact and portion shall be clearly shown on a separate document or additional map sheet. A dedication of building -restriction rights over the flood hazard, inundation or geological hazard area may be required. D. The provisions of this section shall not apply to divisions of land in which each resultant parcel has a grass area of forty (40) acres or more or in which each resultant parcel has a gross area of forty (40) acres or more or is a quarter -quarter section of a government plat or larger. 1631.240 Flood -Hazard Area, Floodway or Natural Watercourse Designation. In the event that a dedication of right-of-way for storm drainage purposes is not required, the location of any watercourse, channel, stream or creek, flood -hazard area or floodway shall be shown on a separate document or additional map sheet to the satisfaction of the City Engineer. 16.31.250 Open Space Der ication/Easements. All lands that are designated as open space shall be designated on the final map as open space eithef m a-dedieated sepanae 'at-rTaither as a dedicated separate lot or as a recorded easement to the City. This dedication easement shall prohibit the construction of any structures and include provisions for the permanent maintenance, including brash abatement, by a homeowners' association or other entity to the January 2013 1 DRAFT Title 16 - Subdivisions Page 54 0 • is C satisfaction of the Director of Parks, Recreation and Community Services. Director of Administrative Services or the Director. `^` Ord. ^tv>�+'2" "v5� 0 January 2013 1 DRAFT Title 16 — Subdivisions Page 55 0 Chapter 16.33 MODIFICATIONS TO TENTATIVE AND RECORDED MAPS Sections: 16.33.010 Modification or Waiver of Provisions Authorized. 16.33.020 Modifications to Recorded Maps. 16.33.010 Modification or Waiver of Provisions Authorized. A. Whenever, in the opinion of the Cling£etrtmissien, the land involved in a subdivision is of such size or shape, or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical for the subdivider to conform fully to a regulation contained in the Cod: ha..s- title 16, the aoorovine authority" ---a- ^- -o. -- may, at the time of action on the tentative map of the subdivision, modify the regulation; provided, that in the case of each modification the aoorovine authorityPlanning femrnissieo shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this title; and provided further, that the aoorovine authorityPlseiftin#-C� shall make a report in writing setting forth each modification and the facts relied upon for making the modification. B. The Nanning Comm s".,p the City Enginee�C�oaeii shall waive the provisions of the title and of Section 66473 of the Subdivision Map Act requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the Plana ng Gensa.ss;a: , she City , does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negotiation of any substantive requirement of this title, the Subdivision Map Act or any other ordinance, statute or regulation. C. The Plana ng Go "Missisn ef ale City Causes! ase) Make saadifieet ans to Fegulatiens eentained in this Title -16 16.33.020 Modifications to Recorded Maps. A. Purpose. The provisions of this section provide findings, procedures, and fees for modifications of the design and conditions of recorded maps where physical problems associated with the development of the site or technical problems occur after recordation, in conformity with Government Code Section 66472.1. B. Fees. The fees charged for such modification of a final or final parcel in revision to an __ _a tentative map _ _ is ce..✓.._.. __ < �n Fespee&ely shall be in accordance with the City's current fee schedule established by the Council ° C. Materials for Filing. A proposed change to a final or final parcel map shall require submittal of the following: 1. The materials indicated by Section I6.25.040(Contents and Submittal Requirements), eF in th --ease .,o_minor landdi. _the matefials indiesRed h. Seefien 16.27.940tand 2. A detailed written description of the manner in which the proposed modification meets the findings described in subsection (G) of this section. D. Applicants. An applicant for a revision to a recorded map shall be either, 1. The owner of tide to the subject property or his authorized representative; or 2 The City Engineer. or 33. The PlaxniogCommissionLor January 2013 1 DRAFT Title 16 — Subdivisions Page 56 0 CJ r1 L_I 0 4. The Council E. Review. The proposed change of design or modification of conditions shall be reviewed by the Cjt� Engineers which shall submit its recommendation to the ImrniagCommission. F. Public Hearing. Any proposed change of design and/or modification to conditions of a final map or final parcel map will require a public hearing before the Planning Commission according to the procedures specified in Chapter 1TOWCCommon Procedures). The subject of the hearing most be confined to consideration and action on the proposed modification. G. Findings. The applicant must substantiate the following facts to the improving authority-lanoiog C--emmissien: 1. That there are changes in circumstances which make any or all of the conditions or the design of such a map no longer appropriate or necessary; 2. That the proposed modifications do not impose any additional burdens on the present fee owner of the property; 3. That such modifications would not alter any right, title, or interest in the real property; 4. That the modifications requested result from either physical problems associated with the development of the site or technical difficulties arising which are not under the control of the developer and which make it impossible to comply with certain conditions; 5. That the modifications requested do not result in an increased number of dwelling units or a greater density than the recorded map; 6. That the proposed map and the design and improvements of the proposed subdivision are consistent with applicable general and special plans; 7. That the site is physically suitable for the type and proposed density of the development; and • 8. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or serious public health problems, or conflict with public easements. H. Final Action. If the approving authoritvPl^-aingC � determines that the findings specified by subsection (G) of this section have been met, the requested modification shall be approved and the applicant shall submit to the City Engineer: 1. An amending map; or 2. A certificate of correction, as determined by the City. .. ^ 5' Oppeal W the G_ nimission to its �s AA. im..OHS def... V.r rl f.L:..eet My des 6 RH Of the Plism b Lure. All .. Lam'.. G Fees, Upon filing of an appeal % ith the Gii), Gouneil, the appellant shall pay a pieeessing f�e base January 2013 ( DRAFT Title 16 — Subdivisions Page 57 0 Chapter 16.35 CERTIFICATES OF COMPLIANCE—NOTICES OF VIOLATION Sections: 16.35.010 Purpose of Chapter Provisions. 1635.020 City Engineer Authority. 16.35.030 Certificate of Compliance --Matters Required for Applications. 16.35.040 Certificates of Compliance for Undersized Parcels. 16.35.050 Certificate of Compliance—Fees. 1635.060 Appeals. 1635.070 Notices of Violation. 16.35.010 Purpose of Chapter Provisions. This chapter supplements those provisions of Section 66499.34, 66499.35 and 66499.36 of the Subdivision Map Act pertaining to notices of violation and certificates of compliance. 16.35.020 City Engineer Authority. The City Engineer is authorized to make all required determinations on certificates of compliance and notices of violations. 1635.030 Certificate of Compliance—Matters Required for Applications. Except where a request for waiver has been approved, applications for the issuance of a certificate of compliance shall be submitted to the City Engineer. Application of issuance of a certificate of compliance shall be made in writing on a standardized form. The City Engineer may require the submission of such supporting information as he deems necessary to determine compliance. All submissions shall be legible and readily reproducible. 16.35.040 Certificates of Compliance for Undersized Parcels. Where a certificate of compliance has been issued for a parcel of less than required area that was created prior to March 4, 1972, the owner may request: A. A review by the City Engineer to determine satisfaction of the following criteria: 1. The parcel of land has frontage._on a road as specified by the Codedevelepmeatreede, except for flag lots as specified in the Codedevelsprn,eede; 2. The parcel of land is served by public sewers or it is of sufficient size to provide for satisfactory on-site sewage disposal for the land use intended; 3. The width of the parcel of land will be as required by the Codedevelepmeaseoda; 4. The setbacks of the underlying zone will be adhered to, unless a modification has been received pursuant to the deyelepffwm�erileCode; 5. There is sufficient area available on the parcel of land to provide automobile storage for the land use intended, as required by the fodtdevelapinent-eade; 6. The parcel of land has adequate fire flow and hydrant spacing as required; and 7. The owner of the parcel of land does not own any contiguous lots or parcels of land. B. Approval of a variance pursuant to the provisions of the CodedevelepmraEeode. January 2013 1 DRAFT Title 16 — Subdivisions Page 58 n L • L 0 1635.050 Certificate of Compliance—Fees. Upon submission of a request for issuance of a certificate of compliance, other than provided in the provisions for parcel map waivers, the applicant shall pay a processing fee based upon the current fee schedule established by the City Council resolution for a maximum of four (4) lots. 16.35.060 Appeals. no tie e a FS Walton May appeal to tile 111 an Ki"g Gens"iss on. in tile e me of eeftifiemes OF eemplimee, 66452.5 Of the GOVeffiffieRt Code. All appeals shall be submitted and acted upon in the manner prescribed in the Chapter 17.07 (Appeals or Certification of Anproval). 16.35.070 Notices of Violation. A. Any city official having knowledge of a possible violation of the provisions of the Subdivision Map Act or of the Codedas� shall direct such information to the City Engineer. B. If the City Engineer, either on theirhis own initiative or upon investigation of information received from another city official or any other interested person, determines that real property, has been divided in violation of the Subdivision Map Act or of this title t, hev-re mayshali initiate the procedures set forth in Section 66499.36 of the Subdivision Map Act. C� January 2013 1 DRAFT Title 16 — Subdivisions Page 59 11 0 Chapter 16.37 WAIVER CONDITIONS Sections: 16.37.010 Eligibility for Waiver. 16.37.020 Request for Waiver—Information Required. 16.37.030 Fees. 16.37.040 Procedures—Action by the Planning Commission. 16.37.060 Lease-Projects—Duration of Approval. 16.37.010 Eligibility for Waiver. The following minor land divisions shall be eligible for waiver of the requirement that a final parcel map be filed, provided a request for waiver, as provided for in this chapter, is approved by the approving amhori igeaning-6enmiissiep: A. Those in which each resultant parcel is a part of one or more lots shown on the final map, parcel map or approved record of survey map, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of the sabdtvisiaa-ea a provide for or require the delineation of flood or geological hazard, or building restrictions; B. Property line adjustments, or the distribution of all of an existing parcel(s) between adjacent parcels; C. Those of a lease -project, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of this title provide for or require the delineation of flood or geological hazards, or building restrictions; • D. For the purpose of this section, the term "approved Record of Survey Maps" refers to Record of Survey Maps which were filed for record pursuant to various provisions of the Subdivision Map Act prior to the effective date of Chapter 1180, Statutes 1965. 16.37.020 Request for Waiver—Information Required. A. Waiver requests shall be made in writing on a standardized form provided by the City Engine . The request shall include: I. A request for wavier signed and acknowledged by all owners of record of the land comprising the minor land division; 2. A description of each proposed parcel; 3. If requested by the City Engine a plat map, showing sufficient ties, dimensions and bearings to adequately establish the boundaries of the Parcel mariminoF ioud diN is'isian and of each proposed parcel. Record information, when available, may be utilized. B. The City Engineer C-'� - - - - may require the submission of documentation, i.e., preliminary title report, as it deems necessary to verify the information presented to the request for waiver. All submissions shall be legible and readily reproducible. C. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed. 16.37.030 Fees. A. Upon submission of a request for waiver, the subdivider shall pay a filing fee based upon the current fee schedule established by Nie -City Council resolution. January 2013 1 DRAFT Title 16 - Subdivisions Page 60 0 0 B. The subdivider shall also pay a sum of money equal to the amount required by law for filing with the County Recorder a certificate of compliance for the parcels comprising the division. 16.37.040 Procedures—Action by the Planning Commission. A. Within the time designated for tentative map processing and as part of the tentative map aoomval, the Pplam a Ceommission shall waive the requirement that a parcel map be filed if it finds: 1. That the design of each parcel described in the request for waiver is in substantial accordance with the tentative map, as approved; 2. That the proposed minor land division complies with all applicable requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and of the sobd+vislm code. B. When a waiver is granted pursuant to this section, the City Engineer, upon review and approval, shall cause a certificate of compliance, describing each approved parcel, to be filed for record with the County Recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the parcels comprising the division may be sold, leased, financed or transferred in full compliance with all applicable provisions of the Subdivision Map Act and of this chapter. C. The procedures set forth in this section shall be completed within the period prescribed for filing a tentative parcel map after approval or any extension thereof. 16.37.060 LeasrProjects Durationof Approval. • The approval of a waiver of filing a parcel map for a lease -project shall be effective for a period of five (5) years. After such time, if such lease -project is not established, a new request may be made in accordance with this section. January 2013 1 DRAFT Title 16 — Subdivisions Page 61 1 L_J 16.39.010 Purpose. Am The purpose of this chapter is to provide procedures by which the City may initiate the merging of two (2) or more contiguous substandard parcels and to provide regulations for the merger of standard parcels as a simply, quick alternative to parcel maps for the assembly of small parcels of land into larger parcels of land in order to encourage revitalization in the City. This section is adopted pursuant to Sections 6645 1. 10 through 6645.21 and 66499.20-3/4 of the Government Code. B. An owner may initiate the mereine of two (2) or more contiguous parcels. This section is adopted pursuant to Section 66499.20-3/4 of the Government Code 16.39.020 Requirements for the Merging of Substandard Parcels. The Citv Engineer ^ Feetaf _a Community DevelopmeAt may initiate a merger of substandard pamels held by the same owner pursuant to Section 66451.11 of the Government Code, if one of the contiguous Parcels does not conform to the City's standard for minimum lot area as provided by the City's zoning regulations or applicable specific plan, and if all of the following requirements are satisfied: A. At least one of the affected parcels is undeveloped but may developed only with an accessory structure(s) or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel; and B. With respect to the affected parcel, one or more of the following conditions exists: 1. The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger ^- less then foof theusand (4,000) squam f... _ _ in .1._ o li.-md-fluol Mod-F.1�;Ze*e. January 2013 1 DRAFT Title 16 — Subdivisions Page 62 n u u C1 Chapter 16.39 PARCEL MERGERS Sections: 1639.010 Purpose. 16.39.020 Requirements for the Merging of Substandard Parcels. 1639.030 Notification of Intent to Merge Substandard Parcels, 1639.040 Request for Hearing. 16.39.050 No Hearing Requested. 1639.060 Planning Commission Public Hearing. 16.39.070 Notice of Merger for Substandard Parcels. 1639.080 Appeal of Planning Commission Action. 1639.090 Merger of Parcels Other Than Substandard Parcels, 1639.100 Application and Fees. 1639.110 Requirements for Merger of Standard Parcels. 1639.120 Planning Commission Hearing. 16.39.130 Record of Survey. 16.39.140 Extensions. 16.39.150 Appeal of Planning Commission Action. 16.39.160 Parcel Merger Initiated by Owner 16.39.010 Purpose. Am The purpose of this chapter is to provide procedures by which the City may initiate the merging of two (2) or more contiguous substandard parcels and to provide regulations for the merger of standard parcels as a simply, quick alternative to parcel maps for the assembly of small parcels of land into larger parcels of land in order to encourage revitalization in the City. This section is adopted pursuant to Sections 6645 1. 10 through 6645.21 and 66499.20-3/4 of the Government Code. B. An owner may initiate the mereine of two (2) or more contiguous parcels. This section is adopted pursuant to Section 66499.20-3/4 of the Government Code 16.39.020 Requirements for the Merging of Substandard Parcels. The Citv Engineer ^ Feetaf _a Community DevelopmeAt may initiate a merger of substandard pamels held by the same owner pursuant to Section 66451.11 of the Government Code, if one of the contiguous Parcels does not conform to the City's standard for minimum lot area as provided by the City's zoning regulations or applicable specific plan, and if all of the following requirements are satisfied: A. At least one of the affected parcels is undeveloped but may developed only with an accessory structure(s) or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel; and B. With respect to the affected parcel, one or more of the following conditions exists: 1. The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger ^- less then foof theusand (4,000) squam f... _ _ in .1._ o li.-md-fluol Mod-F.1�;Ze*e. January 2013 1 DRAFT Title 16 — Subdivisions Page 62 n u u C1 0 2. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its establishment. 3. The parcel does not meet slope stability standards. 4. The parcel does not meet current standards for sewage disposal and domestic water supply. 5. The parcel has inadequate legal access for vehicular and safety equipment maneuverability. 6. Its development would create health and safety hazards. 7. The parcel is inconsistent with the City's General Plan or any specific or corridor plan. C. The requirements of this section shall not apply if any one of the conditions set forth in Subsections 66451.11(bX7XA) through 66451.1 l(bX7XE) inclusive, of the Government Code exists. (AA •�-'''duFi"g 10,99 supplement 16.39.030 Notification of Intent to Merge Substandard Parcels. Prior to merging parcels, the Director hall, by certified mail to the property owner, mail a notice of intent to merge, notifying the owner that the affected parcels may be merged pursuant to the pmvisions of this section. The notice shall include the statement that the owner will be given the opportunity to request a hearing and present evidence that the proposed substandard merger does not meet the criteria for a merger. The notice of intent to merge shall be recorded with the Los Angeles County Recorder on the date that the notice is given to the property owner of record. Ownership of continuous parcels shall he determined as of the date that notice of intent to merge is recorded. 1639.040 Request for Hearing. At any time within a thirty (30) day period after recording of the notice of intent to merge, the owner of - the affected property may file a request for public hearing regarding the proposed merger, with the Director 16.39.050 No Hearing Requested. If the owner does not file a request for a public hearing within the thirty (30) day period specified above, the Alarming -Commission may make a determination that the affected parcels are or are not to be merged and release the notification of intent to merge. The-Plannixg Commission shall direct the Director to record, as specified in Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), a release of the notice of intent to merge and mail a copy to the property owner. 16.39.060 Planning Commission Public Hearing. If the parcels are to be merged, the Planning Commission shall cause the notice of merger to be recorded as provided for in Section 66451.12 of the Government Code, and in Section 16.39.030. A. Notice of Hearing. The Community De%elepaieiit DepoinnentDiLrector shall set a time, date and location for a planning Commission public hearing upon receiving a request for a hearing from the property owner of the affected property in accordance with the Subdivision Map Act Section 66451.15. The hearing shall be conducted not more than sixty (60) days following the receipt of the owner's request, but may be continued with the mutual consent of the Plaiming-Commission and the property owner. Notice of the hearing shall be given to the property owner by certified mail. B. Evidence of Noncompliance. The property owner shall be given the opportunity at the hearing to present any evidence that the affected property does not meet the merger requirements as set forth in Section 16.39.030: (Notification of Intent to Merae Substandard Parcels). C. Findings. After completion of the hearing by the 14saning-C.ommission, or if no hearing is requested, after completion of the thirty (30) day period specified in Section 16.39.030 (Notification of Intent to Meree Substandard Parcels), the planning Commission shall make the following findings in order to merge a substandard parcel: January 2013 1 DRAFT Title 16 -Subdivisions Page 63 0 L-A I. The merged parcel complies with Sections 66451.11(a) and 66451.11(6) of the Subdivision Map Act;- 2. The merged parcel complies with all applicable City requirements for the merging of substandard parcels' —and - 3. The merged parcel does not adversely affect the purpose and intent of the City's General Plan or the public health, safety and welfare. D. Determination Following Hearing. At the conclusion of the hearing the Alanoiog-Commission shall make a determination to whether the affected parcels are to be merged or not to be merged not withstanding the affected parcels meeting all the requirements set forth in Section 16.39.020 (Requirements for the Mereing of Substandard Parcels). If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by certified mail. The Commission shall notify the owner of its determination no later than five (5) working days atter the hearing. A determination of merger shall be recorded within thirty (30) days after the conclusion of the hearing though a notice of merger. If the -Planning Commission determines that the subject parcels shall not be merged, it shall cause to be recorded a release of the notice of intent to merge, and the property owner shall be mailed a clearance letter. 16.39.070 Notice of Merger for Substandard Parcels. A merger of substandard parcels shall become effective upon recordation with the County Recorder. A notice of merger shall specify the determination of the PlanningCommission, the names of the recorded owners and a legal description of the properties. 16.39.080 Appeal of Planning Commission Action. • Appeal of a Planning -Commission determination shall be made in accordance with the provisions for appealing Plana R., Commission actions in TiNa-F� Chanter 17.07 (Aopeals and Certification of Action). 16.39.090 Merger of Parcels Other Than Substandard Parcels. The City shall regulate the merger of other parcels according to the purpose and intent of the Subdivision Map Act and the provisions of this section. 16.39.100 Application and Fees. An application and fees for parcel mergers shall be required in compliance with the parcel merger 1 submittal requirements, which are available in the -Biwinanity E)evelapment ^-- City Engineer. 16.39.110 Requirements for Merger of Standard Parcels. A. The merged parcels must comply with the current lot area standards W. The proposed parcel must have legal access for ingress and egress to a street with irrevocable dedication for public street. CD. The proposed parcel must be served by all necessary rights-of-way or utility easement dedications. ED: The proposed parcel must be in compliance with applicable vehicular parking and parking access requirements. EF. The parcels to be merged must be contiguous and held in common ownership as of the date the application is filed. January 2013 1 DRAFT Title 16 — Subdivisions Page 64 0 0 16.39.120 Planning Commission Hearing. A. Notice of Hearing. The Camnium ty Pewlopanenk PepaFkReotDim_t_Qr shall set a time, date and location for a Planning Commission hearing after determining the application complete for parcel merger. Notice of the hearing shall be given to the applicant and property owners within a one thousand ( L000Wtvekundrr6F30B1 foot radius of the subject parcels for merger. The hearing may be postponed or continued with mutual consent of the Planning Commission and the applicant. B. Notice of Intention to Merge Other Than Substandard Parcels. Upon determining the application complete, theDir=tor shall mail a notice of intent to merge to the County Recorder. The notice of intent to merge shall be filed on all affected parcels indicating that the property owner has filed an application to merge parcels. C. Findings. After completion of the hearing, the Planamg Commission shall make the following findings in order to merge parcels other than substandard parcels: I. The merged parcel conforms with the General Plan, development code and applicable specific plans. 2. Development of the merged parcel does not adversely affect the public health, safety or welfare. 3. The merged parcel has adequate access as determined by the City Engineer and is served by all necessary utilities. 4. The merged parcel does not require right-of-way of utility easement dedications. D. Determination/Procedures Following Hearing. At the conclusion of the hearing, the approving au h2n r'-- - - shall make a determination as to whether the affected parcels shall be merged or shall not he merged. 1. If the Plena ing-Commission determines that the parcels shall be merged, pursuant to Section 16.39.030 (Notification of Intent to Merge Substandard Parcels), it shall cause to be recorded a notice of merger. The notice of merger shall contain the names of the recorded owners, legal description of the existing parcels, maps of the existing standard parcels prior to merger and the new merged parce)(s). 2. The applicant shall have one year to complete the merger in accordance with the specifications of the City Engineer and record the merger with the County Recorder, 3. If, in accordance with Section 16.39.030 (Notification of Intent to Merge Substandard Parcelsi, the Planning Commission determines that the parcels cannot be merged, it shall cause to be recorded a release of the notice of intent to merge. 4. The Planning Commission may determine that certain standard parcels are not to be combined by merger and require the filing of a parcel map or tentative map in order to merge the parcels, in which case the map would have to comply with the requirements for a parcel or tentative map in Chapter 16.25 (Tentative Tract and Parcel Maps). 16.39.130 Record of Survey. A record of survey or other document approved by the City Engineer for the merged parcel shall be completed in compliance with the City's engineering requirements for survey of record, unless determined by the City Engineer to be unnecessary. Monumentation for the subject parcel shall be made in accordance with the City's Engineering standards. January 2013 1 DRAFT Title 16 - Subdivisions Page 65 0 16.39.140 Extensions. The initial two (2) year approval period may be extended for one year in accordance with the provisions of Section 17.06.230 (Time Limits and Extensions T4k,44. 16.39.150 Appeal of Planning Commission Action. Appeals of Planning Commission determinations regarding parcel mergers shall be made in accordance with Chanter 17.07 (Appeals or Certification of Action)*kk-I-7- 16.39.160 Procedures for Parcel Merger Initiated by Owner. A. Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s). pursuant to Government Code Section 66499.20 3/4 and this chapter. B. Record owner(s) of contiguous lots may file a request with the City Engineer to merge said contiguous parcels. An application and fees for parcel mergers shall be required in corn fiance with the parcel merger submittal requirements, which are available in the Public Works Department. C. A lot merger, upon application filed with the Public Works Department shall be subiect to review and approval, with or without conditions, by the City Engineer. D. A parcel merger shall become effective when the City Engineer causes a notice of merger to be filed with the office of the County Registrar/Recorder. January 2013 1 DRAFT Title 16 -Subdivisions Page 66 0 • 0 0 I* Chanter 16.41 Recording of Lot Line Adiustments Section: 16.41.010 Recording of Lot Line Adjustments 16.41.010 Recording of Lot Line Adjustments When recording lot line adiustments, the following requirements shall be met: L Issuance of Certificate of Compliance, The approval of the request for lot line adjustment shall include a legal description which accurately reflects the legal description and or similar encumbrances describing the reconfigured parcels shall be submitted to the City corrected or new documents shall be promptly submitted to the City Engineer. adiustment. The City Engineer shall cause, or may instruct the aoolicant or their authorized rci)resentative to cause, the certificate of compliance for lot line adjustment to be recorded in the office of the Countv Recorder for Los Angeles County, California. January 2013 1 DRAFT Title 16 — Subdivisions Page 67 4. Recordation of Deeds and Oilier Documents. At the direction of the City Engineer, the 5. Payment of Recording Fees. The fees for the recording of all documents as established by the County Recorder shall be remitted by the aoolicant to the City prior to the time of recordation of such documents including the certificate of compliance for lot line adhtstment. Such remittance shall be made payable to the City in the amount required [o have all deeds and other documents, including the certificate, recorded. January 2013 1 DRAFT Title 16 — Subdivisions Page 68 r] L 0 0 • I* 17.01 Administration i nn n.......its a..a ♦....r.e*tions •09; � PFe Eltktifloa Legal 1707 Definitions Diiision 2. z6ftin ... . ...... .... �. January 2013 1 DRAFT Table of Contents Page 1 0 TITLE 17 ZONING Division 17.00 General Procedures Chapter 17.01 Title, Purpose. Components, and Authority Chapter 17.02 Planning Agency Chapter 17.03 Rules for Provisions. Language, Measurement, and Interpretation Chapter 17.04 Interpretations Chapter 17.05 Legal Nonconforming Uses. Lots, and Structures Chanter 17.06 Common Procedures Char 17.07 Appeals or Certification of A proval Chapter 17.08 Revocations and Revisions Chapter 17.09 Minor Permit Modifications Division 17.10 Definitions Chapter 17.11 Definitions Division 17.20 Applications is Chapter 17.22 Class I Applications - Ministerial Chapter 17.23 Class II Applications - Discretionary Chapter 17.24 Class III Applications - Discretionary Chapter 17.25 Class IV Applications - Discretionary Chapter 17.26 Class V Applications - Discretionary Chapter 17.27 Class VI Applications - DiscretioaM Chapter 17.28 Class VII Applications - Legislative Division 17.30 Zones Chapter 17.31 Zoning Designation Pumose Chapter 17.32 Non -Urban Zones Chapter 17.33 Urban Residential Zones Chapter 17.34 Commercial and Industrial Zones Chapter 17.35 Mixed Use Zones Chapter 17.36 Open Space Zones Chapter 17.37 Other Zones Chapter 17.38 Overlay Zones Chapter 17.39 Special Standards Districts Division 17.40 Use Classifications and Required Parking Chapter 17.41 General Chapter 17.42 Residential Use Types Chapter 17.43 Commercial Use Types January 2013 1 DRAFT Table of Contents Page 2 • Chapter 17.44 Industrial Use Types Chapter 17.45 Public and Semi-Public Use Types Chapter 17.46 Agricultural Use Types Chapter 17.47 Temporary Use Types Chapter 17.48 Accessory Structures and Uses Use Types Chapter 17.49 Development Activities/Miscellaneous Use Types Division 17.50 Development Standards Chapter 17.51 Property Development Standards - All Zones Chapter 17.53 Property Development Standards - Commercial and Industrial Chapter 17.55 Property Development Standards - Mixed Use Chapter 17.57 Property Development Standards - Residential Division 17.60 Specific Development Standards Chapter 17.61 Adult Business Regulations Chapter 17.62 Animal Keeping Chapter 17.63 Automotive Uses Chapter 17.64 Historic Preservation Chapter 17.65 Home Occupations Chapter 17.66 Other Specific Development Requirements Chapter 17.67 Temporary Uses Chapter 17.68 Transfer of Development Rights, Density Bonus, and Cluster Developments Chapter 17.69 Wireless Communication Facilities and Satellite Dish Antennas . Division 17.70 Reserved Division 17.80 Grading Chapter 17.80 Scope and Administration Chapter 17.81 Permits Chapter 17.82 Existing Grading Chapter 17.83 Permit Application Chapter 17.84 Security Chapter 17.85 Precautions Chapter 17.86 Import, Export, Evacuations, and Fills Chapter 17.87 Drainage and Terracing Chapter 17.88 Grading Designation and Location Chapter 17.89 Dust Prevention and Control Chapter 17.90 National Pollutant Elimination Systems (NPDES) Compliance Chapter 17.95 Standard Urban Stormwater Mitigation Plan Implementation • January 2013 1 DRAFT Table of Contents Page 3 0 • 7I Chapter 17.01 ADMINISTRATION Sections: - j 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. 17.01.010 Scope. A. Title. This tille shall be known as the "City of Santa Cladta Unified Development Code," and may be referred to as the "development code" or "code. - j Comment [f1]: This cation has bem..Pw al _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ l and relocated to section t Zot.oto (Tine). 1 B. Authority. This development code is adopted under the authority granted to the City of Santa Clanta by the California Government Code Sections 65800 at seq. and 66410 at segf - Comment [f2]: thia section nas bcen removN from nx new Code. C. Chapter. This chapter sets forth all of the procedures for the administration of zoning, subdivision and grading. It provides for the procedures for the review and approval of all development applications including but not limited to applications for construction, grading, division of land, amendments to the unified development code, variances, conditional use permits and pre-existing legal uses and strueturesj _ - Commmt [f33: This sermon n s nem removed _ _____________________________________________ from the new Cade due to new fortmting. 17.01.020 Purpose. It is the purpose of this development code to establish standards and guidelines in order to promote and protect the public health, safety and general welfare of the people of the City of Santa Clarita; and more particularly: January 2013 1 DRAFT Chapter 17.01 — Administration Page 1 E A. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such a plan; B. To safeguard and enhance the appearance and quality of development of the City of Santa Cladta; C. To regulate and control the design and improvement of subdivisions which require a tentative and final map, parcel map, or parcel map waiver; D. To attain the physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning; E. To reduce hazards to the public resulting from the inappropriate location, use or design of buildings and other improvements; F. To provide an efficient and concise guide for the development of land within the City of Santa Clarita; G. To set forth the procedures, rules and standards for the control of grading, excavation and earthwork; H. To encourage orderly community development by providing for the regulation and control of the • design and improvement of subdivisions, with proper consideration to adjoining areas; I. To ensure that the areas within subdivisions that are dedicated for public purposes will be properly improved by the subdivider so that they will not become a burden upon the community; J. To protect the public from fraud and exploitation'_ _ _ _ _ _ _ _ - - Comment Erol: This aecdoo ha:been - - - - - - - - - - - - - - - - - - - " significantly reduced anal relocated to Section 17.01.120 (Pw .). 17.01.030 Private Agreements. The provisions of this development code are not intended to abrogate any easements, covenants, conditions and restrictions or other existing agreements which are more restrictive than the provisions of this development code.relo Comment Ef51: Th _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Th,,aectlon has Ween eared to Section 17.01.090 (Private Agreements). 17.01.040 Repeal of Conflicting Development Codes. Whenever the provisions of this development code are more restrictive upon construction or use of buildings or structures or upon the use of lands or premises than required by other previously adopted development codes, the provisions, regulations and rules of this development code shall - - Comment [f61: This section has been relocated to gOven _______________________________________-------- Section 17.01.080 (Repeal ofConflim, Development Codes). 17.01.050 Interpretation of Language. January 2013 � DRAFT Chapter 17.01 — Administration Page 2 0 E 0 In the event that this development code requires interpretation, the Director of Community Development shall make the interpretation or may refer the matter to the Planning Commission for action. The Planning Commission shall make the interpretation or may refer the matter to the City Council for final action. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05] _ _ _ _ _ - Comment [til: Thi'.has been expanded and relocated to Chapter 17.04 (Interyretations). 17.01.060 Similar Use Determination. The Director of Community Development may determine that a use not listed within this code is similar to a listed use and process the proposal as the similar use would be processed. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2,11/25105; Ord. 05-19 § 2, 12113105J_ . - 1 Comment [fel: Thissection has been expanded and relocated to Section 17.4.030 (lateryrotation of I Unlisted Uses), 11 17.01.070 General Plan Consistency. In the event of inconsistency of this title with the goals, policies and dictates of the adopted General Plan and its elements, the General Plan goals, policies and dictates shall govern(_ - - comment[f93: This seenon has been expanded _- - - " ' " - - - - - and rel.ted to Secdon 17.01.030 (Consistency with the General Plan). 17.01.080 Enforcement A. General Prohibition. 1. No structure shall be moved into an area, erected, reconstructed, added to, enlarged, advertised on, structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this development code. 2. No person shall use or permit to be used any structure, or land, nor shall any person erect, structurally alter or enlarge any structure, or advertise on any structure, except in accordance with the provisions of this development code. 3. No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for, or permitted by, this development code ----- B. ____ B. Violations. 1. Every person violating any provision either of this development code, or any permit, variance, or amendment thereto, is guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction in subsection (D) of this section. Each violation is a separate offense for each and every day during any portion of which the violation is committedf ------- 2. Each violation determined to be an infraction by this development code shall be punishable by a fine of one hundred dollars ($100.00) for the first violation. Subsequent violations of the same provision of this title shall be punishable by a fine of two hundred dollars ($200.00) for the second violation and five hundred dollars ($500.00) for the third violation in a twelve (12) month period as provided by applicable law. The fourth and any further violations of this title within a January 2013 1 DRAFT Chapter 17.01 —Administration Page 3 Comment [1101: This section has been updates and relocated to Smlion 17.0 1.040 (Applicability of Zoning Regulations) Comment [fI33: This vxtlon has been updated and relocated to Title 13. 0 twelve (12) month period shall be deemed misdemeanors. Each misdemeanor is punishable by a maximum fine of one thousand dollars ($1,000) or six (6) months in jail, or both1 _ - - - - - - - - - Comment [t121: Tnis Wx .nos teen updatM and relwated w Title?3. C. Public Nuisance. Any use of property contrary to the provisions of this title is illegal and is deemed to be a public nuisance and the authorized legal representative of the City may commence actions and proceedings for the abatement thereof, in the manner provided by law, and may take such other steps and may apply to any court having jurisdiction to grant such relief as will abate or remove such use and restrain and enjoin any person from using any property contrary to the provisions of this title -____________________________________________________' eand relocated C. [1to 131%Thissection nes been updated Ttlle 23. D. Infractions. Violations of the provisions contained in the following list are deemed infractions: 1. Automobile, truck, or other motor vehicle repair conducted outside of an enclosed building. 2. Commercial vehicles parked or stored in violation of Section 17.18.150. 3. Inoperative vehicle parking or storage. 4. Outside display and or sales in violation of Section 17.15.040(D). 5. Signs prohibited by Section 17.19.240. 6. Vehicles kept on residential lots, in violation of Section 17.15.020(AX21. _ comment [W Ti "Fids smtion nos bmn nptlat - - - - - - andnrDaned to 41: T_3. E. Injunction. The provisions of this title may also be enforced by injunction issued by any court having jurisdiction upon the suit of the owner or occupant of any real property affected by such violation or prospective violation) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ comment [f15]: Tlds section nos bem updated W relocated to Title 13. F. Enforcement. The Director of Community Development Community Preservation Officer, or any representative thereof designated by the Director, is hereby authorized to arrest any person without a warrant whenever the Director or his representative has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' comment [f1s]: Tms ceeHon nos hem updazW and relocated to Title 13. G. Annexation. 1. After conducting a public hearing pursuant to Section 17.01.100 and subject to CEQA, the City Council, at its sole discretion, may grant exceptions to the following provisions of this title in accordance with County -entitled projects that annex to the City upon a finding that the impacts of such minor exceptions are consistent with the General Plan, and proposed prezoning will not adversely affect or be materially detrimental to adjacent uses or residents: a. Permitted uses: January 2013 1 DRAFT Chapter 17.01 — Administration Page 4 0 b. Parking; c. Setbacks; d. Floor area ratio; e. Signage; f. Architectural design elements; g. Right-of-way improvements; IT Landscaping; i. Hillside development, _ _ _ 2. At the discretion of the Director of Community Development, the determination shall be made whether a request for a major modification to a County -approved entitlement or subdivision map is greater than fifty percent (50%) deviation from the approved project and/or shall be subject to review and approval in accordance with the Subdivision Map Act and applicable City standards in effect at the time such request is deemed complete. (Ord. 994, • 5/11/99; Ord. 01-5, 2/27/01; Ord. 05-1 § 2,1125/05; Ord. 05-19 § 2, 12/13/05; Ord. 10-6 § 1(g), 6/8/101 ...... -...... -......................................... 17.01.090 Development Applications. • Comment [f171: This section has been expanded and relocated to Section 17.27.100 (Pre -Annexation Agreranent). Comment [f161: This section has been expanded and relocated to Section 17.27J00(' Agreement) and Chapter 17.09 (Minor Permit Modifications). A. Scope. All applications for development reviews, minor use permits, variances, conditional use permits, tentative subdivision maps, final subdivision maps, grading permits or other entitlements shall comply with all applicable procedures of this sectionL _ Comment [f19]: This, section las hemranovee _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ due to new ramatting. B. Application Fees and Deposits. Concurrent with the submittal of an application for development, a fee and/or deposit shall be made, in the amount determined by City Council resolution, to cover the costs incurred in the processing of the application. In no case shall the development application be set for hearing or final action unfit such time as any balance due is paid in fullf C. Complete Applications. Any application for a permit or entitlement must be accepted as complete for processing by the Director of Community Development in order to initiate the official review process. Standard minimum submittal requirements shall be established by the Director. The Director may request additional information specific to the permit or entitlement necessary for the complete analysis of an application, All required material, information and fees shall be provided by the applicant before the application is deemed complete for processing), _ _ _ _ _ _ _ _ _ _ January 2013 1 DRAFT Chapter 17.01 — Administration Page 5 - - Comment [f201: This section has been relocated and expanded to Section 17.06.060 (Application Filing and Withdrawal) and Section 17.06.070 (Fees and Deposits). Comment [fill: This section has been reworded and relocated to Section 17.06.060 (Initial Application Review), D. Incomplete Applications. In the event an application is determined to be incomplete, written notice shall be provided to the applicant specifying the information and/or plans necessary to make the application complete within thirty (30) calendar days after the receipt of the application. The applicant must supply the requested plans and/or information within sixty (60) calendar days of the notice of incomplete filing or an extended time as may be granted by the Director. Request for time extensions shall be made in writing by the applicant] _ _ _ _ _ _ _ _ _ In the event that required information is not provided by the applicant within the time limits specified by this section, the City shall deem the application withdrawn or deny the permit or entitlement for the project Information whose absence would constitute a reason for such withdrawal or denial are: 1. Information which is to be supplied by the applicant and is necessary to prepare a legally adequate environmental document; or 2. Information without which the City's decision to approve a project would not be supported by substantial evidence; or 3. Information which was specified for application submittal; or 4. Falsification or misrepresentation of any documentation. Denial for the above reasons may be deemed by the City to be a denial without prejudice to the applicants right to reapply for the same permit__________________________________ E. Environmental Review. All applications for development which are subject to the California Environmental Quality Act and City adopted guidelines shall be required to submit a completed Initial Study Part A torn as part of the application. The Director may request additional information or studies of the applicant in order to make an environmental determination. (Ord. 01-5, 2/27/01; Ord. 05.1 § 2, 1/25/05; Ord. 05-19 § 2,12/13/051 17.01.100 Public Hearings and Notifications. A. Reserved. 0 Comment [f22]: This sxtion las been reworded and relocated to Seetion 17.06.080 (Initial Application Review). Comment [t23]: This sxllon las been rewwde and relocated to Section 17.06.080 (Initial Application Review). Comment [f24]: Thin section has been Modified and relocated to SWion 17.06.050 (Emir000 notal Review). B. Administrative Hearings. The approving authority shall hold an administrative hearing on administrative variances. The administrative hearing shall be noticed in accordance with the requirements set forth in this codef ............................................ - Comment [1`25]: Modified and oal.ared to __________________________________________ Section 17.02.040(flunng Orficat. C. Supplemental Notice Requirement. 1. Additional public notification beyond the required one thousand (1,000) foot radius around a property may be required for a development related project as determined by the Director of Community Development in any one of the following circumstances: January 2013 I DRAFT Chapter 17.01 — Administration Page 6 0 0 a. A proposed wireless telecommunication facility in a residential zone; or b. A hillside development proposal requiring hillside development review for significant ridgelines; or c. Nightclubs, cabarets and bars with alcoholic beverages and/or entertainment adjacent to a residential zonal _ - - - Comment [f26]: This Section has been expanded "----------------'-"'-"------- and relocated to Section 17.06.100(Type l Noticing) and Section 17.06.110 (Type 11 Poblic Noticing 2. The boundaries of the supplemental noticing requirement shall be a one thousand (1,000) (Public Hearing)). foot radius around the subject roe . - - Comment [f27]: Removed as this is the current 1 P PrtY_________________________________ _ minimum standard for public hearings. 3. If it is determined upon initial submittal that supplemental noticing is necessary, the applicant shall be notified within thirty (30) days of the expanded notification area to be included in the mailings. The applicant shall be required to submit three (3) sets of address labels with the properly owners whose name appear on the latest adopted tax roll of Los Angeles County, envelopes and stamps. The application shall not be deemed complete until the labels have been submittedf _- comment [rze]: Tlsia is located in tnc wbmdsal ---'-'--------------'-'----'---'-'---- requirements which are not ped of this document. 4. In the case of public notifications that identify more than one thousand (1,000) property owners to be noticed by mail, the Director of Community Development may require that a larger advertisement (minimum one-eighth (1/8) page) be placed in the newspaper of general circulation in lieu of the public mailing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 ----------------------- 0. ______________________ D. Setting of the Hearing. The Director or Director's designee, in the case of the Director or Planning Commission, and the City Clerk, in the case of the City Council, shall set the time and place of the public hearing as required by law and this code. The approving authority at the time of the public hearing may continue the time and/or place of the public hearing! ------------------- 1. ______ 1. Notice of Minor Use Permits, Adjustments, and Administrative Sign Variances. In the was of minor use permits (Sections 17.03.040 and 17.03.045), adjustments (Section 17.03.050) and administrative sign variances (Section 17.19.060), the Director shall provide a written notice of the request, the date when the action is to be taken, and a request for written comments for or against the request, a minimum of fifteen It 5) days prior to the date when action is to be taken. The notice shall be mailed to adjacent and directly across -the -street property owners whose names appear on the latest adopted tax roll of Los Angeles County. If the project site is located within a commercial or industrial center, all tenants within the center shall also be mailed the notice. If written comments in opposition to the proposed minor use permit, adjustment or administrative sign hearing are received within the fifteen (15) day January 2013 1 DRAFT Chapter 17.01 — Administration Page 7 0 Comment [f291: This section beat been relocated to Section 17.06.110 (Type 11 Noticing (Public Heating). Canmemt [f30]: This action has been relocated to Saticn 17.06.100 (Type I Public Noticing) and Sation 17.06.110 (Type I1 Noticing (Public Hearing). Comment [f3t]: Tbis section bas been relomted and moN6ed in Section 17.06.120 (Public Hearing no dure). notification period, a public hearing before the Planning Commission shall be scheduled. A public hearing shall not be required if the commenting party withdraws his/her opposition, in writing, prior to noticing of the public hearing. If the item is required to be heard before the Planning Commission, the notice shall be in accordance with subsection (D$2) of this section. _ a. In the case of minor use permits for alcohol sales, notification shall be a two hundred fifty (250) foot radius around the subject property, for a minimum of fifteen (15) days prior to the date when action is to be taken. All other notification requirements prescribed in this section shall apply --------------------------------------------- b. ___ b. In the case of minor use permits for haul routes, no notification shall be requirecj 2. Notice of Applications Requiring a Public Hearing. In the case of master plans (Section 17.03.025), conditional use permits (Sections 17.03.040 and 17.03.045), tentative subdivision maps (Section 17.03.030), variances (Section 17.03.050) and other types of applications requiring a public hearing, with the exception of those listed in subsection (Dx2xa) of this section, notice of a public hearing shall be given not less than twenty-one (21) days prior to the date of the hearing by publication in a newspaper of general circulation published in the City of Santa Clarita. When the hearing concerns matters other than an amendment to the text of this development code and/or affects the permitted uses of real property, notices of public hearings before the Planning Commission or City Council shall be mailed, not less than twenty-one (21) days prior to the hearing, to all persons whose names appear on the latest adopted tax roll of Los Angeles County as owning property within one thousand (1,000) feet of the exterior boundaries of the property that is the subject of the hearing. A four (4) foot by eight (8) foot notice shall also be posted on the property in accordancewith the "Procedures for Project Site Sign Posting," on file in the Department of Community Development[ ................... a. General Plan amendments and prezone applications, when associated with an annexation, shall provide public notice consistent with subsection (Dx2) of this section with the exception of posting notice on the property. (Ord. 01-5, 2/27/01; Ord. 02-5, 4/23/02; Ord. 05-1 § 2, 1/25105; Ord. 05-19 § 2, 12/13/05; Ord. 07-1 § 2,1/23107; Ord. 08- 13§2,8126/081_______________________________________________ 17.01.110 Action by the Director. Prior to action on an application subject to Director review and approval, the Director shall consider all written comments of the adjacent property owners, the applicant and any interested parties. Action of the Director shall be made by a letter of approval citing the findings and the substantiation of the findings as required by this code. Action of the Director is final after fifteen (15) calendar days, unless appealed in writing to the Planning Commission within said period. The appeal shall be filed in writing January 2013 1 DRAFT Chapter 17.01 — Administration Page 8 n U Comment[f32]: TWs section Ins= relocated to Section 1].06.100 (Type I Public Noticing) . Comment [f33]: This section tins been modifed and relocated to Section 1].06.100 (Type 1 Public Noticing). Comment [f34]: This section tial been relocated loSection 17.06.100 (Type] Public Wt. . • Comment [05]: This section has been expanded and relocated to section 17.06.110 (Type 11 Noticing (Public Hearing). -Can 1ant ]f36]: This section lies been relocated to S ion 17.06.1 LO (Type 11 Noticing (Public Heat ng). 0 E • 0 stating the basis for the appeal with the Community Development Department (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/051 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________ 17.01.120 Action by the Planning Commission. Prior to the public hearing on a permit and/or application, the Director of Community Development shall prepare a written report thereon and submit the report to the Planning Commission. The report shall be made available to the applicant at least three (3) calendar days prior to the hearing. The Planning Commission shall review and consider the Directors report, comments from the applicant and the public. Action of the Planning Commission shall be made through the adoption of a resolution with appropriate findings to the particular permit and/or enfitiement. Action of the Planning Commission is final after fifteen (15) calendar days unlessi _ A. An appeal is filed in writing staling the basis for the appeal with the City Cleric within said period; 0�___________________________________---- _ ____________________— B. The application is for a prezone, zone change, specific plan, master plan, General Plan amendment, or development code amendmentf In either case, the application shall be scheduled for City Council action. (Ord. 015, 2/27/01; Ord. 05-1 §2,1/25/05; Ord. 05-19§2,12/13/051,__.................................. 17.01.130 Action by the City Council. The Director of Community Development shall prepare a report of the action of the Planning Commission on applications for prezones, zone changes, master plans, specific plans, General Plan amendments, development code amendments, and appeals of Planning Commission actions. The report shall be made available to the applicant at least three (3) calendar days prior to the hearing. The City Council shall review and consider the Planning Commission's recommendation, comments by the applicant and the public. The Council shall act to approve, conditionally approve or deny the application or appeal and make the appropriate findings detailed in this code. All actions of the City Council are final. (Ord. 015, 2/27/01; Ord. 05-1 § 2, 1125/05; Ord. 05-19 § 2, 12/13/051 -------------------------------------------- 17.01.135 _____________ .- 17.01.135 Appeals. An appellant may submit a written request to withdraw their appeal any time up to fourteen (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 dose of business on the fourteenth day prior to the scheduled appeal hearing, the hearing shall be conducted by the reviewing body. (Ord. 08-13 § 2, 8/26/081_ 17.01.140 Revocation or Modification of a Permit or Other Entitlement for Cause. January 2013 1 DRAFT Chapter 17.01 — Administration Page 9 Cwnment [07]: This section been completely reformatted and merged with other sections. Suctimu 17.06.130 (Findings and Decision), 17,06.160 (Notice of Action and Findings), Chapters 17.07 (Appeals) and 17.02 (Planning Agency) contain elements nidus section. Comment [08]: This seetion been completely reformancd and merged with other sections. Sections 17.06.130 (Findings and Decision), 17.06.120 (Public Hearing Procedures), 17.06.090 (Project Evaluation and Staff Reports), 17.06. 160 (Notice of Action and Findings), 17.06.150 (Decision After Public Heanng) tied Chapter 17.02 fPlanning Agency) contain elements of this section. CanmeM [f39]: This Section has been expended end relocated to Cheptcr 17-.7 (Appeals). Comment [f40]: This Stttion has been expanded and relocated to Section 17.06.020 (AuNority). Comment [f41]: This Section has been expanded and relocated to Section 17.06.020 (Authority). Comment [421: This section been completely ref.RW and merged with ower sections. Sections 17.N. 130 (Findings and Decision), 17.06.090 (Project Evaluation and Staff Reports), 17.06.120 (Public Hewing Procedtues) 17.06. 160 (Notice of Action and Findings), 17.06.150 (Decision ARer Public Hearing) and Chapter 17.02 (Planning Agency) contain dements ofthis section Comment [f43]: This Section has been expanded and relocated m Chapter 17.07 (Appeals). A permit or entitlement other than a subdivision may be revoked or modified by the approving authority for cause as provided by the provisions of this section. For purposes of this section, the modification of a permit or entitlement may include the modification of the terms of the permit or entitlement itself or the waiver, alteration, or imposition of new conditlonsf _ A. Application Where Violation Exists. No application for any permit required pursuant to Chapter 17_03 shall be accepted for processing or approved on a parcel of land where a land use and/or structure is operating or being maintained that is nonconforming, or is in violation of any applicable land use standard as established by the City, or condifions of approval or mitigation measures of a land use permit, except where the application for a permit incorporates measures to correct the violation, and the correction will occur prior to the establishment of any new proposed use or structure1 _ _ _ _ _ _ B. Grounds for Revocation or Modification. A permit or entitlement maybe revoked or modified by the approving authority pursuant to the provisions of this section upon a finding of any one or more of the following grounds: 1. That such permit or application was obtained or extended by fraud 2. That one or more of the conditions upon which such permit or application entitlement was granted have been violated. 3. That the use for which the permit or entitlement was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance. 4. That construction or development on the subject property is not in conformance with the permit or entitlement approval or other applicable requirements) --------------------- C. ___ C. Notification. The Director shall notify the pemlittee or owner of the entitlement of the action in the same manner as specified in the building code for revocation of a building permit, or by written notice to the permittee or owner of the entitlement as shown on the latest assessment roll or as indicated by later information available to the Directorf ------------------------------- D. _____ D. Appeal. Revocation or modification of a permit or entitlement maybe appealed asset forth in Sections 17.01.110 and 17.01.120. (Ord. 07-1 §2. 1/23/07 ---------------------------- 17.01.150 _ 17.01.150 Automatic Revocation of a Permit or Other Entitlement. Upon final judgment of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more conditions of approval, the permit or entitlement shall cease to be valid ----------------- 17.01.160 _____ 17.01.160 Exoiration and Extension. January 2013 1 DRAFT Chapter 17.01 — Administration Page 10 n U comment [44]: This section has been expanded and relocated to Chapter 17.08 (Revocations and Revisions). Comment [f45]: This section hasbeen modified and relocated to Section 17.0 1.060 (Application Where Violation Exins). Comment [f46]: This section has been modified and relocated so Section 17.08.050 (Grounds for Revocation or Revision). Comment [f47]: This wtim has been modfied and relocated to Section 17.08.040 (Projat Notice and Required AW.). Comment [f481: This section has been modfied and relocated to Section 17.08.040 (Project Notice and Required Actions). Comment [f49]: This.tion was been relocated to Sxtion 17.08.050 (Grounds for Revocation of Revisioos). 0 0 A. Approvals and Extensions. Any approval of a permit or entitlement, except for development reviews which shall expire within one calendar year of such approval, shall expire within two (2) calendar years of such approval except where construction or use of the property in reliance on an approved permit or entitlement has commenced prior to its expiration. If construction and use of the - comment [M]: Tbls seeboo bas en berelocated property in reliance on an approved permit or entitlement has not commenced within two (2) years, to Sxtion 17.09.010 (Applicability). the period may be extended by the Director for up to one additional year if a written request for a time extension is submitted to the Director of Community Development within sixty (60) days prior to the - - comment [f541: This seAoo las been reloested expiration date. Permits and entitlements may be granted only one time extensions _ -comment 1501: This section bas been modified. expanded and relocated to Section 17.06.230 (rime area for such use shall be subject to the approval of a conditional use permit. (Ord. 05-1 § 2, 1/25/051 - Limits and Extensmnfi. B. Multiple Entitlements. In instances where a single development project includes multiple to Section 17.09.010 (Applicability). entitlements considered and approved wncurentiy, the expiration of each entitlement shall be equal to that of the entitlement which possesses the longest period of approval, including time extensions. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2,12/131051 , - Comment [f53]: This secfiov bas been modified - - - -- - - - - - - - - - ' - - ' Fand redwed N Section 17.06.040 (Time Limits and -s tensio.). 17.01.170 Expansions of Conditionally Permitted Uses and Structures. All expansions of conditionally permitted uses or structures, including accessory uses and structures, are subject to the following requirementsj_. - I comment (f52]: This section nes b. relocated '-'--------'------------'----''---'- to Section V.09.010(Applicability). A. A cumulative expansion often (10) percent or less of approved building area or approved site area for such use shall be permitted by right. Such expansions shall be determined by the Director to be in substantial conformance with the cenditionally permitted use. Expansions may be subject to development review to the satisfaction of the Director of Community Development1 - - comment [M]: Tbls seeboo bas en berelocated _ _ _ _. - - - - - - - to Sxtion 17.09.010 (Applicability). B. A cumulative expansion often (10) percent to fifty (50) percent of approved building area or approved site area for such use shall be subject to a minor use permit , - - comment [f541: This seAoo las been reloested 10 Sectmn 17.09.0 10 (Applicability). C. A cumulative expansion greater than fifty (50) percent of approved building area or approved site area for such use shall be subject to the approval of a conditional use permit. (Ord. 05-1 § 2, 1/25/051 - - Comment [f5s]: This section bas been o6ocated to Section 17.09.010 (Applicability). January 2013 1 DRAF[ Chapter 17.01 — Administration Page 1I n u Chapter 17.01 Title, Purpose, Components, and Authoritv SECTIONS: 17.01.010 Title. 17.01_020 Purpose. 17.01.030 Consistency with the General Plan. 17.01.040 Applicability of Zoning Regulations. 17.01.050 Administration of Use Classifications. 17.01.060 Application Where Violations Exists. 17.01.070 Severability. 17.01.080 Repeal of Conflicting Development Codes. 17.01.090 Private Agreements. 17.01.100 Condition of Approval 17.01.010 Title. Title 17 of the City Municipal Code shall be known and cited as "Title 17." the "Zoning Code." the "Zoning Ordinance." "this Title." When the teen "this Code" or the "Development Code" is used, the term shall include both Title 16 and 17 which together shall 17.01.020 Purpose. The purpose of this Code is to define the duties and powers of the discretionary and 17.01.030 Consistency with the General Plan. govern. 17.01.040 Applicabilitv of Zoning Regulations. January 2013 1 DRAFT Chapter 17.01 — Administration Page 12 0 0 11 0 or organization, or the Countv or other local. State, or federal agencies. Govemmental and ouasi-yovemment agencies may be exempt from portions of this Code ner the State Govemment Code. B. Compliance with Regulations. No land shall be used. and no structure shall be constructed, occupied, enlarged, altered, or moved unless it is in accordance with the Provisions of this Code. No permit or entitlement may be issued or renewed for any use, construction, imnrovement, or other purpose unless specifically provided for, or Permitted by. this Code. No person shall use, or permit to be used, any stmcture, or land, nor shall any person erect, stmcturally alter, or enlarge any structure, or advertise on any stmeture, except in accordance with the provisions of this Code. C. Provisions Interpreted as Minimum Requirements. In interpreting and applying the Provisions of this Code, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. 17.01.050 Administration of Use Classifications. A. Primary Use. In determining compliance with the provisions of this Code as it applies to the uses listed in the various zones, each primary use shall be considered a separate use, provided: • 1. The accessory uses and structures shall be deemed an integral part of each primary use; and 2 That more than one primary use may he placed on a single lot where not in conflict with other provisions of this Code. B. Accessory Use. The Director shall determine whether a use or stmcture may be considered accessory pursuant to the definitions contained in this Code, in compliance with Chapter 17.04 (Interpretations). 17.01.060 Application Where Violation Exists. With the exception of uses in conformance with Chanter 17.05 (Legal Nonconforming Uses. Lots and Structures), no application for any permit required pursuant to this Code shall be accepted for processing where an unauthorized land use and/or structure is operating in violation of this Code. The Director may determine that the use in question is consistent with the objectives, aoals and policies of the General Plan, or that the continuation of the use is essential or desirable to the public convenience or welfare, this provision shall not apply. January 2013 1 DRAFr Chapter 17.01 — Administration Page 13 0 17.01.070 Severability. If any portion of this Code is held invalid or unconstitutional by the decision of anv court, such decision shall not affect the validity of the remainder of this Code. 17.01.080 Repeal of Conflicting Development Codes. shall govern. 17.01.090 Private Agreements. The Provisions of this Code are not intended to abrogate anv easements, covenants, conditions and restrictions, or other existing agreements which are more restrictive than the Provisions of this Code. 17.01.100 Condition of Approval. As a condition of the approval of an aoolication, the apolicant shall agree to reimburse the City for any court and attomev's fees which the City may be required by a court to pay because of any claim or action brought against the City because of such approval pursuant to Government Code Section 66499.37. Although the applicant is the real party in interest in such an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the applicant of its obligations under this condition. January 2013 1 DRAFT Chapter 17.01 — Administration Page 14 r� U 0 L • Chapter 17.02 PlanninL Aaenev SECTIONS: 17.02.010 Pumose. 17.02.020 Citv Council. 17.02.030 Planning Commission. 17.02.040 Hearing Officer. 17.02.050 Director. 17.02.010 Purpose. This chapter identifies the Dowers and duties of the officials responsible for administering this Code. 17.02.020 Citv Council, The Council has the following powers and duties: A. Initiate, adopt, deny, or modify amendments to the City of Santa Clarita General Plan. Code and Zoning Map and all other Class V VI and VII Applications as described in Section 17.06.020 (Authority). B. Consider and certifv environmental documents and hear appeals on environmental determinations by the Director. Hearing Officer, or the Commission as Provided for by the Califomia Environmental Oualitv Act (CEOA) C. Affirm, deny. or modify decisions of the Commission through appeals or calls for review pursuant to the provisions of Chapter 17.07 (Appeals or Certification of Review) and the State Govemment Code. D. Establish fees for filing applications and services provided by the Citv E. Appoint commissioners to the Commission as provided for in City of Santa Clarita Municipal Code. 17.02.030 Planning Commission. The Commission is established pursuant to the City Municipal Code and the California Govemment Code and has the following powers and duties: A Recommend to the Council amendments to the General Plan Code or Zoning May, and all other Class V and VII applications. January 2013 1 DRAFT Chapter 17.01 — Administration Page 15 B. Affirm, deny, or modify decisions of the Hearing Officer pursuant to Chapter 17.07 (Appeals or Certification of Review) and the State Government Code. C. Consider and adopt, deny, modify, or certify Class IV applications and environmental documents as described in Section 17.06.020 (Authority). 17.02.040 Hearing Officer, The Hearing Officer is the Director or their appointee, who has the powers and duties to conduct public administrative hearings and approve or deny Class III applications pursuant to Section 17.06.020 (Authority) and approve or certify environmental documents. 17.02.050 Director. The Director has the following powers and duties, which the Director may delegate to staff of the Department who are supervised by. and report to, the Director: A. Approve or deny Class 1. 11 and III applications pursuant to Section 17.06.020 ( Authority). B. Consider and adopt, deny, modify, or certify environmental documents for Class 11 and 111 applications subject to CEOA and the City's environmental review requirements. C. Consider and adopt, deny, modify, or certify environmental documents subject to CEOA and the City's environmental review requirements for other City Departments not requiring Council action. D. Review all applications and notify the applicant if any additional information is necessary to conduct review in compliance with this Code. E. Issue interpretations of this Code pursuant to Chapter 17.04 (Interpretations). January 2013 1 DRAFT Chapter 17.01 — Administration Page 16 0 • 0 0 • 0 Chapter 17.03 Rules for Provisions, Language, Measurement and Interpretation SECTIONS: 17.03.010 Purpose. 17.03.020 Rules for Language. 17.03.030 Rules for Measurement. 17.03.010 Purpose. The purpose of this chapter is to provide precision in the interpretation of this Code. The definitions and use of the words and phrases in this chanter apply throughout the Code. 17.03.020 Rules for Language. Except where the context indicates otherwise, the following rules for language shall apply: A. The following coniunctions shall he interpreted as follows: L "And' indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions may apply singly or in any combination. 3. "Either ... or" indicates that the connected word. or provisions shall apply singly but not in combination. B. All references to departments, committees. commissions, boards, or other public agencies and public officials are to those of the Citv, unless otherwise specified. C. Any reference to the Fire Department is to that of the Los Angeles County Fire Department. D. All references to days are to calendar days, unless otherwise specified. E. All references to lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples: not to be exhaustive lists of all possibilities. F. The words "shall: "'will." "must," and "is td' are mandatory reouirements. January 2013 i DRAFT Chapter 17.01 — Administration Page 17 G. The words "should" or "mad' are optional and may be required by the Department at its discretion. H. The present tense includes the past and future tenses, and the future tense includes the past and present. 1. Plural words shall include the singular and, singular words shall include the plural. J. Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. 17.03.030 Rules for Measurement. The purpose of this section is to explain how measurements are calculated in this Code. A. Fractions. 1. Parking Spaces. When the application of this Code requires a fractional part of a parking space, such fraction equal to or greater than one-half shall be construed as a whole and fractions less than one-half shall be eliminated. 2. Dwelling Units. a. Rounding. Whenever this Code requires consideration of dwelling units and the result of a calculation contains a fraction of a whole number, the results shall be rounded down to the nearest whole number. b. Exception for State Affordable Housing Densitv Bonus. For nroiects eligible for bonus density pursuant to Section 65915 of the State Government Code or any successor statute, anv fractional number of permitted bonus density units shall be rounded up to the next whole number. 3. Other Fractions. Besides subsections (A) (i) and (Al (2), above, when a measures 35 feet and 6 inches, then the height is not in compliance. B. Distance. I. Measurements are Shortest Distance. January 2013 1 DRAFT Chapter 17.01— Administration Page 18 0 • 0 n U • L a. When measuring a required distance, the measurement is made at the closest or shortest distance between the two objects (for example, the minimum distance between a structure and a lot line or another structure). b. The following shall be excluded when measuring required distances. i. Proiections, as permitted in Section 17.57.050 (C) (Proiections Permitted Between Buildings): and ii. Basements. sdanew I ni6tame i I I I I I LShadest oaeee I Dig=cvI I —.----- -- --. Property Line Figure 17.03— 1 MEASUREMENTS ARE SHORTEST DISTANCE 2 Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area. parking area, or other object. Distances are not measured by following the topography or slope of the land. January 2013 1 DRAFT Chapter 17.01 — Administration Page 19 Figure 17.03 — 2 DISTANCES ARE MEASURE HORIZONTALLY 3. Measurement of Parking Spaces, Aisle Widths, and Stacking Areas. a. Measurement of parking space length, aisle widths and stacking areas are measured from across the entire area. b. Where single striving lines are used, narking space widths shall be measured from the center of the striving line. Double striving is preferred and where it is used, varking space widths shall be measured from the midpoint between the striping lines. C. Obstructions, unless expressly permitted by the Director, are not permitted in a parking space. Wheel stops are permitted in a parking space. January 2013 1 DRAFT Chapter 17.01 —Administration Page 20 0 • 0 a\ Standards", mecvonla'es.}I. D mrirewhlhufrctint 1.ea,i. 0 $Om eptttt of pubuit gripe 11 xleaavedavanwmlire Imgtherregaiedarea S^� Angled sill meamrM gaga .tire anter[ king sea. flat ranter W parvkvm'ripe a Kala, AI"emennarWamss Antic It. witeh Mregiimlarea M January 2013 1 DRAFT Chapter 17.01 —Administration Page 20 0 • 0 11 • • Figure 17.03 — 3 MEASURING OF PARKING SPACES AISLE WIDTHS, AND STACKING AREAS 4. Measurement of Minimum Distances Between Land Uses. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from the exterior boundaries of the property to the exterior boundary of the Property of the other land use. Figure 17.03 — 4 MEASUREMENT OF MINIMUM DISTANCES BETWEEN LAND USES C. Height. 1. Measuring Height. Measurement of the height of building or structure is the Amb line distance from the point being measured to the grade. January 2013 1 DRAFT Chapter 17.01 — Administration Page 21 Figure 17.03 — 5 MEASURING HEIGHT D. Flag Lot Width and Depth. 1. Flag Lots. Average width and death of flag lots shall exclude the access strip for the lot. --- Attest atripr%FI%S A Exck*d from La Arta Lma Figure 17.03 — 6 FLAG LOT WIDTH AND DEPTH E. Floor Area. Floor area is the total gross- area of all floors of a building expressed in square feet. L Included in Floor Area. Gross floor area shall include the area of all the floors of a building within and including the outer building walls all habitable and non -habitable rooms, basements, and interior walls and partitions. 2. Excluded from Floor Area. Gross floor area does not include: a. Parking structures, garages, camorts, or other areas designated for Parking and loading, or vehicular access to parking and loading spaces. as these structures shall be counted seyarately: b. Unenclosed exterior balconies, decks, porches. courts, and stairs: C. Cellars and d. Attics, if not a habitable space as defined by the Building Code. January 2013 1 DRAFT Chapter 17.01 — Administration Page 22 0 • 0 • 3. Floor Area Ratio. Floor area ratio is the numerical value obtained through dividin2 the giross floor area of a building or buildings located on a lot by the total area of such lot. Floor area ratio is expressed as a decimal number and shall be rounded to the hundredth place (for example. 0.25). F. Lot Coverage. Lot coverage is the ratio of the total footorint area of all structures on a lot to the net lot area, expressed as a percentage with a decimal number to the hundredths place (for example. 50.15%) according to the following: L Included in Lot Coverage. Lot coverage shall include: a. The footprints of all primary and accessory structures. including garages, carports, covered patios, and roofed porches. b. Unenclosed and unroofed decks, uncovered natio slabs, porches, landings, balconies and stairways: C, Eaves and roof overhangs when proiecting more than two -and -one- half feet from the building wall: and d. The first floor of atrium and all lobby areas. 2. Excluded from Lot Coverage. Lot coverage shall not include: a. Uncovered walkways, driveways, and landscaping: K Eaves and roof overhangs when projecting less than two -and -one-half feet from the building wall: and C. Swimming pools and hot tubs that are not enclosed in roofed structures or decks. January 2013 1 DRAFT Chapter 17.01— Administration Page 23 Chapter 17.04 Interpretations SECTIONS: 17.04.010 Purpose. 17.04.020 Applicability. 17.04.030 Interpretation for Unlisted Uses. 17.04.040 Record of Interpretation. 17.04.010 Purpose. This chapter establishes the authority of the Director to interpret this Code. Whenever the Director determines that the meaning or applicability of any provision of this Code is subject to interpretation, the Director may issue a verbal or written interpretation. 17.04.020 Applicability. Interpretations made by the Director include the following: A. Defining unlisted uses: B. Determination of the location of boundaries on the Zoning Mam C. Applicability of development standards: D. Definitions, terms or phrasing, and language construction: E. Determining measurement: and F. Interpretation of how any of the subsections (A) through (E), above. apply to a specific site. 17.04.030 Interpretation for Unlisted Uses. A. Similar Uses. The Director may determine that an unlisted use in this Code is allowed in compliance with this chapter. B. Required Findings. The Director may determine that am unlisted use is similar to a listed use and may be allowed in the underlying zone, after making the followine findings: January 2013 1 DRAFT Chapter 17.01— Administration Page 24 n u 11 0 L I_ The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the use listed in the zone, 2. The use will be consistent with theurpr oses of the applicable zone' 3. The use will be consistent with the General Plan, 4. The use will be compatible with the other uses allowed in the zone: and 5. The use is not listed as allowed in another zone. C. Underivinz Zone Standards. When the Director determines that an unlisted use is similar to a listed use, the unlisted use will be treated in the same manner as the listed use in determining where it is allowed, the application required, and the applicable development standards and requirements of this Code. 17.04.040 Record of Interpretation. Any written interpretation made by the Director shall be kept on file with the Department and be made available to the public. January 2013 1 DRAFT Chapter 17.01 — Administration Page 25 Chapter 17.05 Legal Nonconforming Uses, Lots and Structures SECTIONS: 17.05.010 Purpose. 17.05.020 Continuation and Maintenance. 17.05.030 Discontinuation of Legal Nonconforming Use. 17.05.040 Restoration of a Damaged Structure. 17.05.050 Elimination of Legal Nonconforming Uses and Structures. 17.05.060 Zoning Compliance Review. 17.05.010 Purpose. This chapter is intended to allow for the continuation, maintenance, and limited expansion of uses, lots, and structures established in compliance with development codes in effect at the time of establishment of the use or structure but not in compliance with current development codes. 17.05.020 Continuation and Maintenance. A. A use legally occupying a structure or a site, as of the effective date of this Code, that does not conform with the use regulations or the performance standards for the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued in perpetuity, except as otherwise provided in this chapter. B. A structure, leeally occupving a site, as of the effective date of this Code, that does not conform with the property develooment standards for repuired yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located, shall be deemed to be a legal nonconforming structure and may be used and maintained in perpetuity, except as otherwise provided in this chanter. C. Routine maintenance and repairs may be performed on a structure or site, the use of which is legal nonconforming. the degree of nonconformity, or adversely affect or be materially detrimental to, adjacent uses, residents buildings, structures, or natural resources. January 2013 1 DRAFT Chapter 17.01 — Administration Page 26 0 • 0 0 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_. Unless specifically stated elsewhere in this Code, a conditional use legally established prior to the effective date of this Code, or prior to the effective date of subsequent zone changes or amendments to the Code, shall be permitted to continue and be permitted to expand or be modified pursuant to the Code. G. A narking lot previously constructed with or without a surolus of oarkine spaces over what was required at the time of approval of the development shall be subiect to the parking provisions of Section 17.51.060 (Parking Standards) of this Code for all new uses or structures, notwithstanding ueneral office and retail uses for developments approved by Los Angeles County and remaining in conformance with such approval. H. When interpreting setbacks for a residential use in a residential zone that are legal nonconforming, new construction shall be permitted to maintain/continue the existing setback, provided the structure does not further encroach into the existing setback area by either further reducing the existing setback, or expanding (either vertically or the appropriate entitlement as described in this Code. A lot that was legallv created, as of the effective date of this Code, that does not conform with the Code regulations for minimum lot size or dimensions for the zone in which the lot is located, shall be deemed to he a legal nonconforming lot and may be utilized for a structure that would otherwise be allowed in that zone as Ione as all development standards are achieved or an adjustment or variance, whichever is applicable, is obtained for anv such standards that cannot be achieved. 17.05.030 Discontinuation of Legal Nonconforming Use. Whenever a legal nonconforming use, or use of a legal nonconforming structure, has been in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use unless the Director is notified in writing of the intent to resume and has approved a schedule for resumption of said use. 17.05.040 Restoration of a Damseed Structure. A. Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire January 2013 1 DRAFT Chapter 17.01 — Administration Page 27 0 or other calamity to the extent of fifty (50) percent or more, the structure may be restored and the legal nonconforming use may be resumed: provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to in effect at the time of re-establishment. B. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use. C. Whenever a structure is damaged less than 50%, the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the Code. 17.05.050 Elimination of Legal Nonconforming Uses and Structures. A. Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County Title 22) shall be screened in compliance with the orovisions of this Code within one year of the effective date of this Code. B. With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made legal nonconforming by this Code shall be allowed to continue and/or remain. Legal nonconforming signage shall be eliminated as follows: 1. Signs as prohibited by subsection (U) of Section 17.51.050 (Sign Regulations (Private Property)), thirtv (30) days. 2. In the case of outdoor advertising signs or structures in residential zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows: January 2013 1 DRAFT Chapter 17.01 — Administration Page 28 0 0 C� Fair Market Value on Date of Notice of Years Allowed to Remain Removal Requirement Under $1,999 2 $2,000 to $3.999 3 $4,000 to $5.999 4 $6.000 to $7.999 5 $8.000 to $9.999 6 $10,000 and over 7 The amounts provided in this section shall be adjusted each January Ist from and after January I 1983 in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. 3. All other signs and sign structures. nine (9) years from November 13, 1990. 17.05.060 Zoning Compliance Review. Uses and structures established in compliance with zonine codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated. January 2013 1 DRAFT Chapter 17.01 — Administration Page 29 0 Chapter 17.06 Common Procedures SECTIONS: 17.06.010 Purpose. 17.06.020 Authority. 17.06.030 Application Types. 17.06.040 MultipleApnlications. 17.06.050 Environmental Review. 17.06.060 Application Filing and Withdrawal. 17.06.070 Fees and Deposits. 17.06.080 Initial Application Review. 17.06.090 Proiect Evaluation and Staff Reports 17.06.100 Type 1 Public Noticing. 17.06.110 Type 11 Public Noticing (Public Hearing). 17.06.115 Hearing Officer Administrative Hearing Procedure. 17.06.120 Public Hearing Procedure. 17.06.130 Findings and Decision. 17.06.140 Recommendations after Public Hearing, 17.06.150 Decision after Administrative Hearing or Public Hearing. 17.06.160 Notice of Action and Findings. 17.06.170 Effective Date of Decision. 17.06.180 Scope of Approvals. 17.06.190 Conditions of Approval. 17.06.200 Use of Property Before Final Action. 17.06.210 Approvals Run with the Land. 17.06.220 Performance Guarantees and Covenants. 17.06.230 Time Limits and Extensions. 17.06.240 Resubmission of Application. 17.06.010 Purpose. This chapter establishes zoning application and processing procedures for the Code. 17.06.020 Authoritv. Table 17.06-1 (Review Authority) identifies the authority body responsible for making decisions on each type of application. The following authority bodies are listed within this Table: A. Advisory Body. The Advisory Body makes recommendations to a higher level review authority. January 2013 1 DRAFT Chapter 17.01 — Administration Page 30 0 0 0 0 • 0 B. Review Authority. The Review Authority is the decision maker that approves or denies an application. The Review Authority may refer an application to a higher Level review authority for a decision on the application. C Appeal Body. The Appeal Body makes decisions on an ap eal of a decision of a lower level Review Authority. D. Revieir Authority Levels. The levels of review authorities, from highest to lowest are: 1. Council: 2. Commission: 3. Hearing Officer; and 4. Director. Table 17.06-1: Review Authori Apolication Class Chapter Public Noticing Public Hearing Required Advisory Body Review Authority Appeal Bodv Re uired Class 1 (Ministeriall 17.22 None No N/A Director Commission/ Council Class 11 Discretionary 17.23 None No N/A Director Commission/ Council Class 111 (Discretionary) 17_24 Tvoe I No N/A Director * - Commission/ Council Class IV (Discretionary) 17.25 Type 11 Yes Director Commission Council Class V (Discretionary) 17.26 Type Il Yes Commission Council N/A Class VI (Discretionary) 17.27 Type 11 Yes Director Council NIA Class VII (Legislative) 17_23 Tvpe 11 Yes Commission Comcd N/A * If a request for an administrative hearing is filed. the Review Authority shall be the Hearing Officer, in conformance with this chapter. January 2013 1 DRAFT Chapter 17.01 — Administration Page 31 17.06.030 Application Types. This Code establishes the application tvpe required for a specific permit request. Application types include the following: A. Class I Applications. Class I applications include the following Ministerial Approvals. B. Class II Anolications. Class 11 Applications include the following: Administrative Permits, Architectural Desien Review, Development Review, Hillside Develooment Review, Home Occupation Permits, Landscape Plan Review, Lot Line Adiustments, Oak Tree Permits, Requests for Reasonable Accommodations, Sign Reviews, and Temporary Use Permits. C. Gass III ADDlications. Class Ill aoolications include the followine: Adiustments Administrative Sign Variance and Historic Sign Designation, and Minor Use Permits. D. Class IV Applications. Class IV applications include the following: Conditional Use Permits, Tentative Subdivision Mans, and Variances. E. Class V Applications. Class V applications include the followin- General Plan Amendments, Master Plans, and Ridgeline Alteration Permits. F. Class VI Applications. Class VI applications include the following: Pre -Annexation Agreements. G. Gass VII Applications. Class VII applications include the following: Development Agreements, Specific and Corridor Plans, and Zone Changes and Amendments. 17.06.040 Multiple Applications. A Review Authoritv in Multiple Applications. When a proiect requires two or more applications to be considered by different Review Authorities, all applications for the project shall be subject to Jurisdiction by the highest Review Authority. B. Associated Ministerial and Discretiamry Aoplications. If associated uses and/or structures on a property require both ministerial and discretionary aoolications, a separate ministerial application may not be required. The discretionary application may include authorization for the ministerial uses and/or structures, unless otherwise noted within this Code. C. Advisory Recommendation by Commission. If the Commission is reviewing a discretionary application that requires associated Council approvals, the Commission January 2013 1 DRAFT Chapter 17.01 — Administration Page 32 0 • L • • shall make recommendations to the Council on both the environmental documentation and the discretionary and legislative applications. The Council takes final action on all such environmental documentation, discretionary and legislative applications. 17.06.050 Environmental Review. All applications for development, which are subiect to the California Environmental Quality Act (CEOA) and City adopted guidelines, may be required to submit a completed Environmental Ouestionnaire (initial Study Part A) form as part of the application. The Director may request additional information or studies of the applicant in order to make an environmental determination. 17.06.060 Application Filine and Withdrawal. A. Application Forms and Information for Submitted Materials. 1. The Director shall prepare application forms, including checklists that specify the information and materials necessary for processing each type of application. 2. The applicant shall submit an application. all information and materials listed for the specific type of application on the checklist, and the filing fee, as listed in Section 17.06.070 (Fees and Deposits). 3. The accuracy of all applications, information, and materials submitted shall be the responsibility of the anolicant. 4. Any materials submitted by an applicant for an application becomes City property and shall be available for public review. B. Applicants. The following persons may file applications: 1. The owner(s) of the subiect property: 2. An agent for the anolicant with written authorization by the owner(s) of the ro e 3. The plaintiff in an action in eminent domain to acquire the subject property. or any portion thereof: or 4. A public agency in negotiation to acquire a portion of the subiect property or any oortion thereof. January 2013 1 DRAFT Chapter 17.01 — Administration Page 33 C. Withdrawal An applicant may withdraw an application at any time before a decision is made by the responsible Review Authority by filing a written request with the Director. Refunds shall comply with Section 17.06.070 (C) (Fee Refundsl. January 2013 1 DRAFT Chapter 17.01 — Administration Page 34 r 1 L_J 0 • is 17.06.070 Fees and Deposits. A. Schedide of Fees and Deposits. The Council shall establish a schedule of fees and deposits for application processing by resolution This shall be referred to as the Filing Fee Schedule. B. Filing Fee(s). No application shall be accepted without payment of the required fee or deposit per subsection (A). above. C. Fee Reftnnds. If any application is withdrawn as provided in Section 17.06.060 (C) (Withdrawal), the Director shall refund the following fraction of the filing fee: 1. One-half of the payment shall be refunded if the application is withdrawn by the applicant prior to the orenaration and mailing of the notice of completeness or after a Development Review Committee meeting is held. 2 One-quarter of the payment shall be refunded if the application is withdrawn by the applicant prior to publication or mailing of the required notice. 3. There shall be no refund of any portion of the payment after: a. Mailing or publication of the required notice: b. Denial or withdrawal of application: C. Preparation of any environmental documents: or d. After an action has been taken by the Review Authority. D. Deposit Rehmds. The Director may anorove a refund of deposits after all fees and ext)enses incurred have been paid. 17.06.080 Initial Application Review. A. Review of Applications Filed. Within 30 days from the date the City accepts an application for processing, the Director shall review and provide notice to the B. Determinine Completeness. An application filing shall be complete when: January 2013 1 DRAFT Chapter 17.01 — Administration Page 35 1. All required application materials have been submitted as specified in the Department's tiling instructions per Section 17.06.060 (A) (Application Forms and Information for Submitted Materials): and 2. Fees have been submitted as required by Section 17.06.070 (B) (Filing Fees). 3. All required environmental documentation and materials as required b CEOA have been submitted. C. Additional Information. I. The Director may request additional information to clarify, correct, or otherwise supplement information required after the application has been accepted by the Department for processing. The Director may suspend application processing if the additional information is not submitted. 2. If an application is subiect to environmental review. the Director may reuuire the applicant to submit additional information needed to conduct an initial study to determine if the proiect may have a significant effect on the environment. The Director may suspend application nrocessing if the additional information is not submitted. D. Consultation. The Director may consult with any local, county, state, or federal agency after the application has been accepted by the Department for processing. The applicant shall pay any required fee for such consultation. Application processing may be suspended if any required fee is not paid. E. Inspections. Every aonlicant seeking a permit in comnliance with this Code shall allow any City or Countv official participating in review of the application access to the premises or property that is the subiect of the application. Failure to cooperate with any City or County official may result in suspension of application processing until the inspection is completed. If access is not granted, the Director may render an application inactive per subsection (F), below. F. Inactive Anplication. If an aoolication is deemed incomplete. the Director shall provide written notification or correction letter to the applicant listing the applications, exhibits, revisions to plans, information, additional fees, or any other materials that are necessary to complete the review of the application. If the applicant does not provide the items required by the Director within 30 days of notification, the application shall become inactive. The Director may extend the time limit for a maximum of 30 days upon written request from the applicant. G. Denial of Inactive Application. The Director may deny, without a public hearing, an application for a discretionary permit if such application becomes inactive per January 2013 1 DRAFT Chapter 17.01 — Administration Page 36 0 • 0 9 • 0 subsection (F), above. The Director may permit the applicant to amend such application without the filing of additional permit fees if the amendments are made before the application is denied. In all other cases, the Director's denial of an inactive application closes the application file. Once an application is denied, the applicant shall submit a new application and fees in compliance with Section 17.06.060 (Application Filing and Withdrawal) in order to proceed with the request. 17.06.090 Project Evaluation and Staff Reports. When a staff report is required. the Director shall make a report in writing to the Review Authority based on consideration of information in the record at the time the Director prepares the report. The staff report shall be made available to the applicant no less than 72 hours prior to the administrative hearing or public hearing. The report shall include: A. A recommendation based on: 1. Evaluation of the project's conformance with the applicable goals, obiectives, policies, and proposals of the General Plan and any other applicable adopted plans and policies: 2. Determination of compliance with all applicable development standards and requirements for the underlying zone in which the subject property is located: 3. Determination of the provision of adequate. essential services for the subiect property. The Director may consult with local agencies that Provide essential facilities or services to determine if the proiect will be adequately served. Essential facilities and services include, but are not limited to. Fire, Sheriff, schools, water, sanitation, and roads; and 4. Information in the record including, but not limited to, the application. exhibits, maps site plan, initial study, environmental determination or CEOA statutory exemption, agency comments, and review comments received prior to the hearing. B. A recommendation on the environmental detetminatiom 1. If the project is subject to environmental review, a recommendation shall be made to adopt a Negative Declaration, Mitigated Negative Declaration, or certify an Environmental Impact Report. 2. If the project is found to meet the standards for a categorical exemption under CEOA Guidelines, a statement that the proiect is exempt from environmental review and the class of exemption in which the project qualifies for shall be prepared. January 2013 1 DRAFT Chapter 17.01 — Administration Page 37 0 17.06.100 Type I Public Noticing. When this Code requires a Type 1 public noticing, a notice shall be provided in compliance with this section. A. Notice Content. A Type I Notice shall include the following information: 1. Action Information. a. The date, time, place, and the name of the Review Authority of the proposed action; b. A general description of the City's Procedure concerning the conduct of the action C. A statement that written comments may be submitted to the Director Prior to the action; d. A statement that any interested person or authorized agent may request that the action be heard before the Hearing Officer; and e. The Phone number, street address, and website of the City, where an • interested person can call or visit to obtain additional information. 2. Project Information. a. The name of the applicant; b. The application number(s); C. A general description of the project and location of the subiect property: and d. A statement that the Review Authority will also consider the proiect's environmental document, if applicable. B. Distribution. Notice shall be nrovided as follows: 1. Mailing. Notice shall be mailed or delivered at least 15 calendar days before the scheduled action to the following, unless stated otherwise in this Code. a. Owner(s) and Applicant. The owner(s) of the subiect property, the applicant and the applicant's- agent, if one has been provided: January 2013 1 DRAFT Chapter 17.01 — Administration Page 38 0 0 0 • b. Surrounding Properties. Unless otherwise indicated in this Code, all owners of property located adjacent to, and directly across the street from, the exterior boundaries of the subiect property, as shown on the County's last equalized assessment roll shall be noticed. If the Proiect site is located within a multiple tenant commercial or industrial center, all tenants or nroyertv owners, if different, within the center shall also be mailed the notice: C. Persons Requesting Notice. A Person who has filed a written request for notice with the Director within one Year Prior to the action d. Additional Notification Radius Requirements. i. In the case of a minor use permit for the sale of alcohol, all owners of property located within a 500 -foot radius of the exterior boundaries of the subiect site, as shown on the County's last equalized assessment roll. ii. In the case of a minor use Permit, a written notice shall be transmitted to the Council and Commission. e. In the case of a minor use Permit for the transportation of earth (haul rues), no mailing of notifications is required: and f. The Director may require additional notification requirements such as site Posting and increased notification radius based upon the Possible impacts of the proposed project. C. Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the Review Authority. D. Action. If a written request for an administrative hearing before the hearing officer is received prior to the close of business on the 15" day after the notice is dated, an administrative hearing shall be scheduled. If the request for a hearing officer review is rescinded prior to the noticing of the administrative hearing, no administrative hearing shall be required. 1. The contents of the notice shall be in conformance with subsection (A) above. 2. Those that received the notice of the proposed priect and any additional persons who submitted comments shall receive notice not less than seven (7) days prior to the administrative hearing. January 2013 1 DRAFT Chapter 17.01 — Administration Page 39 17.06.110 Type 11 Public Noticing (Public Hearing). When this Code requires a public hearing, notice of the hearing shall be provided in compliance with this section and the State Government Code. A. Notice Content. Notice of a public hearing shall include the following information: 1. Hearing Information. a. The date, time, and place of the hearing and the name of the Review Authority: b. A general description of the Citv's procedure concerning the conduct of the public hearing: C. A statement that written comments may be submitted to the Director prior to the hearing: d. A statement that any interested Person or authorized agent may anpear and be heard at the Public hearing; e. The phone number, street address, and website of the Com. where an interested person can call or visit to obtain additional information; and f Prior action by an Approving Authority, if applicable. 2. Project Information. a. The name of the applicant: b. The aoolication number(s): C. A general descrintion of the proiect and location of the subiect property: and d. A statement that the Review Authority will also consider the Project's environmental document, if applicable. B. Distribution. Notice shall be provided as follows: 1. Publication. Notice shall be published once in a newspaper of eeneral circulation as determined by the City. The publication shall be at least 21 calendar days before the scheduled hearing, unless stated otherwise in this Code. January 2013 1 DRAFT Chapter 17.01 —Administration Page 40 0 r 1 0 0 0 0 2. Mailing. Notice shall be mailed by first class mail no less than 21 calendar days before the scheduled hearing to the following, unless stated otherwise in this Code: a. Owner(s) and Applicant. The owner(s) of the subject property, the applicant and the applicant's agent, if one has been provided. b. Surrounding Properties. i. Unless otherwise indicated in this Code, all owners of property located within a 1,000 -foot radius of the exterior boundaries of the subject property, as shown on the County's last equalized assessment roll. ii. Multi -Unit Housing. In the case of where multi -unit housing (a structure containing more than one dwelling unit) exists within the required noticing radius, a notice addressed to "Occupant" shall be mailed to each dwelling unit, in addition to those mailed to the owner when the dwelling unit's address is different than the owner's address. For this chapter a mobile home park shall be considered a multi -unit housing complex. iii. If the project site is located within a multiple tenant commercial or industrial center, all tenants within the center shall also be mailed the notice. C. Persons Requesting Notice. A person who has filed a written request for notice with the Director within one year prior to the public hearing. d. Additional Notification Radius Requirements. In the case of a conditional use permit, a written notice shall be transmitted to the Council. Director shall require that a larger advertisement (minimum one-eighth (1/8) page) be placed in the newspaper of general circulation in lieu of individual mailings to pronerty owners. f. The Director may require additional notification requirements such as additional site posting and increased notification radius based upon the possible impacts of the proposed Proiect. January 2013 j DRAFT Chapter 17.01 — Administration Page 41 3_ Notice Sign Posting. Where required by the application type. notice shall be posted on the subject property at least 14 calendar days before the scheduled public hearing in the following manner, unless otherwise stated in this Code on the size and location of the project. The sign(s) shall not create sight distance problems along the adiacent rights-of-way. If the subject property is not visible from an existing public road, the sign posting requirement may be modified by the Director. C. Additional Posting Requirements. The Director may require sign(s) to be larger and/or constructed of stronger weather-proof materials to improve visibility and legibility at the posted location(s) as the Director deems appropriate. d. Verification. The applicant shall provide the Director with a photograph showing the sign(s) erected on the subiect property. The applicant shall also sign an affidavit stating that the sign(s) have been placed on the subiect property in compliance with subsection (B) (3). C. Maintenance and Display. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and continuously displaying the sign prior to the public hearing. f Removal. The sign(s) shall be removed from the subiect property within three weeks following the close of the final public hearing _ Failure to Comply. Failure of the applicant to comply with subsection (B) (3) shall result in postponement of the public hearing. h. Exception. The sign posting provisions of this subsection (B) (3) shall not apply to public hearings on matters initiated by the Director. Commission or Council. The Director may post signs for such public hearings at locations deemed appropriate. January 2013 1 DRAFT Chapter 17.01 — Administration Page 42 0 I* 0 C. Failure to Receive Notice. The failure of any person or entity to receive notice provided in compliance with this section, or with the State Government Code, shall not invalidate the actions of the Review Authority. 17.06.115 Hearine Officer Administrative Hearine Procedure. When this Code requires an administrative hearing by the hearing officer, it shall be conducted in compliance with this chapter. A. Time and Location. As determined by the Director, an administrative hearing shall be held at the date, time, and location for which notice was given. B. Continued Hearine. 1. An administrative hearing may be continued without further notice, provided that the Review Authority announces for the record, the date, time, and location where the hearing will be continued before the adioumment of the hearing. 2. If the administrative hearing is continued to an undetermined date, or taken off the calendar, the applicant may he required to pay for the cost of a • rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06.100 (Type I Public Noticing). 17.06.120 Public Hearing Procedure. When this Code requires a public hearing, it shall be conducted in compliance with this chapter. A. Time and Location. As determined by the Director or City Clerk, a hearing shall be held at the date, time. and location for which notice wasig ven. B. Continued Hearine. I. A hearing may be continued without further notice, provided that the Review Authoritv announces for the record, the date, time, and location where the hearing will be continued before the adioumment of the hearing - 2. If the public hearing is continued to an undetermined date, or taken off the public hearing calendar, the applicant may he required to pay for the cost of a rehearing before the public hearing is rescheduled. Notice of the continued public hearing shall be provided in accordance with Section 17.06.110 (Type It Public Noticing (Public Hearing)). January 2013 1 DRAFT Chapter 17.01 — Administration Page 43 0 17.06.130 Findines and Decision. A. Authorized Actions. The Review Authority may approve, conditionally approve, or deny the application. B. Required Findines. The Review Authority shall approve the application only after the applicant substantiates the following required findings: I,_ _ _The proposal is consistent with the General Plan: 3 The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of this Code; z. The proposal will not endanger, ieopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety. or general welfare or be materially detrimental or incurious to the improvements, persons, prooerrv, or uses in the vicinity and zone in which the property is located and. 4. The proposal is phvsically suitable for the site. The factors related to the proposal's physical suitabilitv for the site shall include, but are not limited to. the following: a. The design, location, shape, size, and operating characteristics are suitable for the proposed use; b. The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate: C. Public protection services (e.P., Fire protection. Sheriff protection. etc.) are readily available; and d. The provision of utilities (e.g., notable water, schools, solid waste collection and disposal, storm drainage. wastewater collection, treatment, and disposal. etc.) is adequate to serve the site. C. Additional Findines. In addition to the findings stated in subsection (B), above, additional findings may be required for individual entitlements found in this Code. D. Faihnr to Substantiate Findines. The Review Authority may deny the application where the infonnation submitted by the applicant and/or presented at the public hearing fails to substantiate all of the required findings to the satisfaction of the Review Authority. January 2013 1 DRAFT Chapter 17.01 — Administration Page 44 0 • 0 0 January 2013 1 DRAFT Chapter 17.01 — Administration Page 45 11 17.06.140 Recommendations after Public Hearing. A. Commission. 1. After the Commission's public hearing on a legislative action or action requiring a Council action, the recommendation and findings of the Commission shall be forwarded to the Council unless the Commission denies the request. 2. After the Commission's public hearing on a discretionary anolication which is heard concurrently with a legislative or other entitlement requiring a Council action, the recommendation and findings of the Commission on the legislative and quasi-judicial matters shall be forwarded to the Council concurrently unless the Commission denies the request. B. =may of Recommendation to Applicant. A cony of the recommendations shall be mailed to the applicant at the mailing address stated in the application. 17.06.150 Decision after Administrative Hearing or Public Hearing. A Hearina Officer Action. At the conclusion of an administrative hearing the Hearina • Officer shall take action on the application. The decision is final unless the decision is appealed to the Commission. B. Commission Action. At the conclusion of a public hearing, the Commission shall take action on the application. The decision is final unless the Commission's action is advisory to the Council, or the decision is appealed to the Council. C. Council Action. At the conclusion of a public hearing, the Council shall take action on the anolication. The decision of the Council shall be final on anv matter. 17.06.160 Notice of Action and Findines. A. Once the Review Authority takes action on a discretionary application, it shall issue a Notice of Action. The Notice of Action shall describe the action taken, list the _findings that were the basis for the decision, and include any applicable conditions. B. Findings, where required by State law or this Code, shall be based upon consideration of the anolication. plans. testimony, reports and other materials that constitute the administrative record and shall be stated in writing. C. The Director shall mail the Notice of Action to the applicant in compliance with Sections 17.06.140 (B) (Copy of Recommendation to Applicant). January 2013 1 DRAFT Chapter 17.01 — Administration Page 45 11 17.06.170 Effective Date of Decision. A. The decision of the Review Authority shall be effective on the 15th calendar day following the date of the decision, except when the decision is appealed or a request for a certification of review is initiated by the Anneal Body, according to Table 17.06-1 (Review Authority) before the effective date of the decision. When a case is heard before the Council, the action is final on the date of the decision. However, in the case of a legislative action, the Proiect is effective 30 days after the second reading of the ordinance by the Council. B. If the last day to file an appeal or certification of review falls on a non -business day for the Appeal Body. then the deadline is extended to the next business day and the effective date of the decision is also extended to the following business day. C. Appeals or certification of review shall be filed nursuant to Chapter 1207 (ADpeals and Certification of Review). 17.06.180 Scope of Approvals. A. Only legally established uses and develooment, authorized by a permit issued from the Department, may be used on a property. All other uses and activities are not permitted unless they are permitted by the underlying zone. B. Unless otherwise specified by the Review Authority, the aooroved site plan, floor plans, building elevations, and any additional items considered for approval during the process shall be deemed part of the approval by the Review Authoritv. C. For a Class I application, an aooroval or denial may be in the form of a stamp. signature, electronic stamp, or other official notation or documentation on the site plan and/or in the form of a letter. D. For Class 11, Class 111, Class IV, Class V and Class VI applications. the plans, upon approval by the Review Authority, shall be stamped and referred to as "Approved Site Plan" Unless otherwise indicated in the approval, the aooroved site plan shall Covenants) and any applicable conditions of approval have been completed. E. If the use or structure is contrary to the description in the application, so as to either violate this Code and/or the conditions of aooroval. or require additional nermits, then the aooroval shall be deemed null and void. Enforcement measurements will be taken until the violation is corrected. January 2013 1 DRAFT Chapter 17.01 — Administration Page 46 0 11 0 F. All permits may be subiect to periodic review to determine compliance. If a condition ssoecifies that uses allowed under the permit are subiect to periodic reporting, monitoring or assessments, or a time limitation, it shall be the responsibility of the property owner and their successors to comply with these conditions. 17.06.190 Conditions of Approval. In approving any discretionary application, the Review Authority may impose conditions deemed reasonable and necessary to ensure that the permit will be in compliance with the findings required by Section 17.06.1 30 (Findings and Decision). 17.06.200 Use of Propertv Before Final Action. Any property involved in a discretionary aoolication shall not be used for the use requested in an application until, and unless, the permit has become effective, in compliance with Section 17.06.170 (Effective Date of Decision) and an approved site plan has been issued by the Department in compliance with Section 17.06.180 (Scope of Approvals). 17.06.210 Approvals Run with the Land. Unless snecifically prohibited by this Code, any aooroval granted oursuant to the provisions of this Code, and that is valid and in effect, shall adhere to the land. The aooroval, including any applicable conditions or requirements, shall continue to be valid upon change of ownership of the subiect land or any lawfully existing structure from the effective date of the permit, except when a permit expires and becomes void in compliance with this chapter or as otherwise specified in the conditions of aooroval. 17.06.220 Performance Guarantees and Covenants. Approval of an aoolication may require that the permittee guarantee, warrant or ensure compliance with the provisions- of this Code, approved plans or conditions To ensure compliance. the City may require the permittee to: A.Record the terms and conditions of the aooroval with the Registrar-Recorder/County Clerk. Upon any transfer or lease of the property during the term of this grant, the permittee shall provide a copy of the permit approval and its conditions to the transferee or lessee; B. Deposit a financial assurance or bond or other mechanism in a reasonable amount, as determined by the Director or City Engineer, to ensure the faithful performance of one or more of the conditions of approval: January 2013 1 DRAFT Chapter 17.01 — Administration Page 47 0 C. Record a covenant restricting the use of the subject property (e.g., limitations on occuoancv or maintenance of affordability) with the Registrar-Recorder/County Clerk: or D. Record a covenant guaranteeing use and maintenance on a separate property necessary to comply with requirements (e.g. adequate access) with the Registrar- Recorder/County Clerk. 17.06.230 Time Limits and Extensions. A. A permit shall be used within the time limit specified in the Permit, or, if no time limit is specified, two years after the date the decision is made by the Review Authority. If the permit is not used within the applicable time limit, the approval becomes null and void. B. The Director may extend the time limit in which to initiate a permit for a maximum of one year at a time. An application requesting the extension shall be filed prior to the expiration date. A maximum of two one-year extensions may be granted by the Director. Subdivisions shall be limited the requirements of the Subdivision Map Act. C. In the case of applications heard concurrently with a land division, the limits and extensions shall be concurrent and consistent with those of the land division. D. In the case of a permit for a publicly owned use, no time limit shall apply to use the approval provided that the public agency acquires the property involved or commences legal proceedings for its acquisition, within one year of the effective date of the approval. E. - _ A permit shall be considered used when activity authorized by the permit has commenced that would otherwise be prohibited in the underlying zone if no Permit had been granted. For this subsection (E), activity shall include grading with required grading permits, construction with required building Permits, or the commencement or initiation of the Permitted use. F. A discretionary permit shall automatically cease to be of anv force and effect if the use for which the oennit was granted has ceased or has been suspended for a consecutive period of two or more Years. 17.06.240 Resubmission of Application. No discretionary application shall be filed or accented if a denial has been taken within one year on an application requesting the same. or substantially the same application unless. the Review Authority finds that the denial was without preiudice. January 2013 1 DRAFT Chapter 17.01 — Administration Page 48 rI • r� u • Chapter 17.07 Appeals or Certification of Review SECTIONS: 17.07.010 Purpose. 17.07.020 Authorization. 17.07.030 Filing of Appeals. 17.07.040 Initiation of Appeals. 17.07.050 Initiation of Certification of Review. 17.07.060 Procedures for Appeals and Certification of Review. 17.07.070 Additional Procedures for Appeals to the Council. 17.07.080 Effective Dates. 17.07.010 Purpose. The purpose of this chapter is to provide procedures for the appeal and certification of review of determinations and decisions of the Review Authority. 17.07.020 Authorization. A. Appeals. To avoid results inconsistent with the purposes of this Code, unless appealed to the Council. B. Certification of Review. To avoid results inconsistent with the pumoses of this Code, decisions of the Director or Hearing Officer may be certified for review by the Commission: and decisions of the Commission may be certified for review by the Council, unless otherwise more specifically stated regarding a specific permit or review. 17.07.030 Filing of Appeals, A. Eligibility. Any interested person dissatisfied with the action of the Review Authority may file an appeal to the next higher Review Authority in compliance with this chapter, unless otherwise specified or limited by this Code. B. Time Limits. Appeals of decisions and certification of review shall be initiated prior to the effective date of the decision. However, if the deadline for initiation of an appeal or call of review falls on a non -business day for the relevant appel body, then the deadline for an appeal or certification of review is extended to the next business day and the effective date of the decision shall be the following day. January 2013 1 DRAFT Chapter 17.01 — Administration Page 49 17.07.040 Initiation of Appeals. A. Filine. An anneal shall be filed with the Commission Secretary in the case of the Hearing Officer and Commission or the City Clerk in the case of the Council in the form of a letter, along with any accompanying appeal fee, and shall state specifically A determination or interretation is not in accord with the ourooses of this Code: or 2. It is claimed that there was an error or abuse of discretion: or 3. The record includes inaccurate information: or 4. A decision is not supported by the record. B. Required Information. An appeal shall contain the following information: I. The file or case number identifying the matter which is beine appealed: and 2 The street address of the property included in the action being appealed or if no street address, the legal description or the Assessor's Parcel Number of the propertv:and 3. Whether the appeal is: a. An anmal of the denial of such avvlication; or b. An appeal of the approval of such application: or C. An anneal of a condition or conditions of an approval (specifying the particular condition(s)): and 4. Anv other information that is requested on the appellate body's appeal form. C. Anneal Vacates Decision. The filing of an appeal vacates the decision from which the appeal is taken. Such decision is only reinstated if the appellate body fails to act, the anneal is rescinded or the Review Authority affirms the decision in its action. D. Appeal Rescinded An appellant may submit a written request to withdraw their appeal anytime up to seven (7) 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 subiect of the anneal shall be the final decision. If an appeal is not withdrawn by the January 2013 1 DRAFT Chapter 17.01 —Administration Page 50 0 • 0 n �J U close of business on the seventh day prior to the scheduled appeal hearing, the hearing shall be conducted by the Review Authority. 0.17.07.050 Initiation of Certification of Review. A. A certification of review may be initiated for a decision on any discretionary A eals . B. Certification shall not reouire anv statement of reasons, and shall therefore, not represent opposition to or support of an application. No fee shall be required. 17.07.060 Procedures for Appeals and Certification of Review. A. Hearine Dates. The appeal body may delegate the setting of hearing dates to the Commission Secretary or City Clerk. B. Notice and Public Hearine. 1. An appeal or certification of review hearing shall be a public hearing if the decision being appealed or reviewed required a public hearing. 2 Notice of public hearings shall be given in the manner required by Section 17.06.110 (Type II Public Noticing (Public Nearing)). C. Plans and Materials. 1. At an appeal or certification of review hearing, the appeal body shall consider only the same application, plans and materials that were the subject of the original decision. 2. If new clans and materials which differ substantially from the original are submitted, the aonlicant shall file a new application. Changes to the original submittal made to meet obiections by the staff, the decision -maker, or members of the public at the hearing below need not be the subject of a new application. 3. As nart of the decision, the anneal body may impose additional or modify conditions on a Project in granting approval to a modified Proiect. January 2013 1 DRAFT Chapter 17.01 — Administration Page 51 consider the matter directly by reviewing the record of the decision below, receiving a report from the Director, and hearing testimony from the applicant the appellant in the case of an appeal, and any other interested party and, at their discretion, the party E. Decision and Notice I. After the hearing, the appeal body shall render a decision on the application or refer the matter back for further review. 2 When a decision is made by the appeal body. the body shall base the decision on findings supported by facts in the record. When a referral is made by the 3. The Commission Secretary or City Clerk of the appeal body shall mail notice 17.07.070 Additional Procedures for Appeals to the Citv Council. In addition to the foregoing procedures, upon receiving an appeal or initiating a certification of review, the Council may take one of the following additional actions: A. Affirm the action of the Commission without holding any hearing on the matter: or B. Refer the matter back to the Commission for further proceedings with or without instructions; or C. Require a transcript of the testimony and any other evidence relevant to the decision and take such action as in its opinion is indicated by the evidence. 17.07.080 Effective Dates. Unless otherwise specified in this chapter, the following effective dates shall anoly to all approved applications issued pursuant to this Code: January 2013 1 DRAFT Chapter 17.01 — Administration Page 52 L.J 0 e A. Except as set forth in subsection (B), below, the decision of the Director, Hearine Officer, or the Commission shall be effective on the 16th calendar day followine the date of the decision, except and unless the decision is timely appealed or a request for a certification of review, where available. B. To be timely, an appeal or certification of review shall be filed before the end of the the decision shall be the followine business day. January 2013 1 DRAFT Chapter 17.01 — Administration Page 53 9 Chapter 17.08 Revocations and Revisions SECTIONS: 17.08.010 Purpose. 17.08.020 Initiation. 17.08.030 Allowable Actions. 17.08.040 Proiect Notice and Required Actions. 17.08.050 Grounds for Revocation or Revisions. 17.08.060 Nonconforming Uses and Structures. 17.08.070 Commercial and Industrial Uses. 17.08.080 Variances and Adiustments. 17.08.090 Conditional Use Permit and Minor Use Permit. 17.08.010 Purpose. This chapter establishes procedures for the City to revoke or revise previously approved permits. These include existing land uses which have become Public nuisances or are being operated or maintained in violation of this Code, approved Permit Provisions, or any other being requested by the permittee. 17.08.020 Initiation. Hearings on revocations or revisions of permits may be initiated: A. If the Council collectively instructs the Commission to set the matter for a public hearing: or B. Upon the initiative of the Commission. or, C. Upon the initiative of the Director. 17.08.030 Allowable Actions. A. Revocations. The City's action to revoke a permit or approval shall have the effect of terminating the permit and denving the privileges granted by the original approval, B. Revisions. 1. The City's action to revise a permit instead of revocation may include revising or changing anv permit conditions or operational aspect of the proiect. January 2013 1 DRAFT Chapter 17.01 — Administration Page 54 11 • 0 0 January 2013 1 DRAFT Chapter 17.01 — Administration Page 55 F -I L including, buffers, duration of the permit or entitlement, hours of ovemtion, landscaping and maintenance. lighting. Parking, verformance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the permit is used in a manner consistent with the original findings for approval. 2. Permit revisions prescribed in this chapter are initiated by the City. Permit revisions requested by the applicant or permitee, shall be in compliance with Chapter 17.09 (Minor Permit Modifications). 17.08.040 Prosect Notice and Required Actions. A. Public Hearing. In all cases where a revocation or revision is initiated per Section 17.08.020 (Initiation), a public hearing shall be scheduled before the Commission. B. Procedures. Procedures relative to notification, public hearing, and appeal shall comply with Charter 17.25 (Class IV AvPGcations — Discretionary), unless stated otherwise in this chapter. C. Notice. The Director shall give notice to the record owner and the lessee, if • applicable, of the real Property affected: 1. To appear at a public hearing at a time and place fixed by the Commission: and Z At the public hearing, to show cause why the vermit should not be revoked or revised, or why the use, building, or structure should not be modified, discontinued, or removed, as the case may be. D. The Commission shall hold a public hearing and shall give notice of such Public hearing in compliance with Section 17.06.110 (Tvve It Public Noticing (Public Hearin E. The Commission may approve, modify disa rove or refer to the Council a revocation or revision of a permit or approval. Any action shall be supvorted by the written grounds for the revocation or revisions nrescribed in this chapter. F. The Commission shall serve a notice of its action in compliance with Section 17.06.160 (Notice of Action and Findings). G. At the conclusion of a Public hearing, the Commission shall take action on the application. The decision is final unless the decision is appealed to the Council. 17.08.050 Grounds for Revocation or Revisions. January 2013 1 DRAFT Chapter 17.01 — Administration Page 55 F -I L After a public hearing, as provided for in this chapter, the Commission may revoke or revise any approval which has been granted by the Review Authority, in compliance with either the provisions of this Code or on any one or more of the following grounds: A. That such approval was obtained by fraud: B. That the use for which such approval was granted is pot being used has ceased or has been suspended for six months or more: C. That any person making use of or relying upon the permit, variance or other approval is violating or has violated any conditions of such permit, or has been used contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation D. That the use for which the approval was granted is being used to be detrimental to the public health or safety, or is a public nuisance: or E. Upon final judgment of a court of competent iurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more conditions of approval, the permit or entitlement shall cease to be valid. 17.08.060 Nonconforming Uses and Structures. • In addition to the grounds for revocation or revisions contained in Section 17.08.050 (Grounds for Revocation or Revisions), a nonconforming use or structure may be revoked or revised after a public hearing if the Commission finds: A. That the condition of the improvements, if any, on the property requires the property be used only for uses permitted in the underlying zone where it is located and would not impair the constitutional rights of any Person: and B. That the nature of the improvements are such that they can be altered to be used in conformity with the uses permitted in the underlying zone in which such property is located, without impairing the constitutional rights of any person. 17.08.070 Commercial and Industrial Uses. A. Findings. The Commission my revoke or require a revision of a commercial or industrial use if the Commission finds that as operated or maintained such use: 1. Jeopardizes or endangers the public health or safety of persons residing or working on the premises or in the surrounding area: or January 2013 1 DRAFT Chapter 17.01 — Administration Page 56 0 2. Constitutes a public nuisance; or 3. Has resulted in repeated nuisance activities including but not limited to disturbances of the peace, illegal drug activity. oublic drunkenness. drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking. loud noises in late night or early moming hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or 4. Violates any provision of any county, state, or federal regulation, ordinance or statute. B. Violation. It shall be unlawful to violate or fail to comply with any requirement or condition imposed by the Review Authority pursuant to this chapter. Such violation or failure to comply shall constitute a violation of this Code and shall be subject to the same penalties as any other violation of this Code. 17.08.080 Variances and Adjustments. A variance or adjustment may be revoked or revised by the Review Authority, if the Review Authority makes any one of the following findings: A. Circumstances under which the original approval was granted have been changed by the applicant to a degree that one or more of the findings cannot be made, and the grantee has not substantially used the rights granted by the variance or adiustment; or B. One or more of the conditions of the variance or adiustment have not been met within the time limits prescribed in Section 17.06.230 (Time Limits and Extensions), or have been violated, and the grantee has not substantially used the rights granted by the variance or adiustment. 17.08.090 Conditional Use Permit and Minor Use Permit. Any conditional or minor use vemit granted or approved under this Code shall be zranted or approved, with the City's designated Approving Authority retaining and reserving the right and iurisdiction to review and to modify the permit—including the conditions of approval surrounding uses or landowners not previously considered at the time of original approval. These changed circumstances could create nuisances to adjacent uses or the community in general including, but not limited to, litter, noise, traffic, and parking impacts. The January 2013 1 DRAFT Chapter 17.01 — Administration Page 57 0 reservation of right to review any permit granted or approved under this Code by the City's designated approving body is in addition to, and not in lieu of the right of the City's Review Authority to review and revoke or modify any permit granted or approved under this Code for any violations of the conditions imposed on such permit. January 2013 1 DRAFT Chapter 17.01 — Administration Page 58 0 0 n U r L Chapter 17.09 Minor Permit Modifications SECTIONS: 17.09.010 Pumose. 17.09.020 Applicability. 17.09.030 Findings. 17.09.040 Conditions of Approval. 17.09.010 Purpose. This chapter establishes vrocedures and requirements for minor modifications or elimination of certain condition(s) of a previously avoroved Class 11 through Class IV application without requiring a new anplication. 17.09.020 Applicability, A. Application. All expansions or minor permit and/or condition modifications of permitted uses or structures, including accessory uses and structures, are subject to the following requirements unless specifically prohibited in the original aoproval: 1. _ Any expansion or other minor modification of a Class 11 approval requires a determination by the Director that such request is in substantial conformance with the permitted use. Expansions may be subject to development review to the satisfaction of the Director. I A cumulative exnansion of ten (101 percent or less of anvroved building area or approved site area for a Class 111 and 1V approval shall be Permitted by right. Such expansions require a determination by the Director that such request is in substantial conformance with the conditionally Permitted use. Expansions may be subiect to development review to the satisfaction of the Director. 3. A cumulative expansion of ten (10) percent to fifty (50) Percent of avoroved building area or approved site area for such use shall be subiect to a Class III application for both Class 111 and Class IV approvals. 4. A cumulative expansion greater than fifty (50) percent of anvroved building area or approved site area for such use shall be subiect to the approval of a new Class III or Class IV application whichever the appropriate entitlement is. B. Prohibited Modifications. Minor permit modifications are prohibited for the following and require a new anolication to be submitted: January 2013 1 DRAFT Chapter 17.01 — Administration Page 59 0 1. Class IV applications for Oak Tree Permits and the selling of alcohol for both off and on site consumption: 2 Any modification to a variance or adiustmenC 3. Anv modification to a Class V application: 4. Any modification to a Class VI application; 5. Any modification to a Class VII application: or, 6. A substantial alteration or material deviation from the terms and conditions of thepreviously approved discretionary permit. 17.09.030 Findings. The Review Authority shall approve the minor permit modification where the applicant substantiates the following findings: A. That the required findings for the original application have been satisfied as required by Section 17.06.130 (Findings and Decision); B. That approval of the minor permit modification will not substantially alter or • materially deviate from the terms and conditions imposed in the granting of the previously approved permit: and C. That approval of the minor permit modification is necessary to allow the reasonable operation and use granted in the previously approved permit. 17.09.040 Conditions of Approval. A. The Review Authority may impose new conditions deemed reasonable and necessary to ensure that the minor permit modification is in compliance with the findings of the approved permit. B. In addition to Section 17.09.020 (B) (Prohibited Modifications) and subsection (A). above, the Review Authority shall not modify or eliminate a condition specified as mandatory in this Code or a condition which may only be modified pursuant to the approval of a variance. January 2013 1 DRAFT Chapter 17.01 — Adnunistration Page 60 • 0 0 • Chapter 17.03 PERMITS AND APPLICATIONS Sections: 17.03.010 Development Agreements. 17.03.015 Specific Plans, 17.03.020 Zone Changes and Amendments. 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 Ridgeline Alteration Permit. 17.03.130 Architectural Review. 17.03.140 Oak Tree Permit. 17.03.145 Historic Preservation Review. 17,03.010 Development Agreements. A. Purpose. The purpose of this section is to provide procedures and requirements for consideration of development agreements for the purposes specified in and as authorized by Article 2.5, Chapter 4, Title 7 of the Government Code. Development agreements must provide a clear and substantial public benefit to the City and/or its residents in order to be adopted. B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code, _ C. Public Hearing and Notification. The Planning Commission and the City Council shall each hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.01.100. At a public hearing, the Commission and the Council shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the development agreement, particularly with respect to the findings prescribed in subsection (E) of this sectionl January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page I Comment [FF2]: This cation was relocated and expanded in Section 1 728.100 (A) (Puupose and Interpreting Provlsioos). Comment [FF2]: This section has ban relocated to Smdon 17.28.100 (8) (Application Filing, Fees and Project Review). Comment [FF3]: This section has been modified and relocated to Section l7 28.100 (B) (Application Filing, Fees and P jat Revin,, 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 the development agreement as such was applied for or in modified form; E. Findings. The Planning Commission may recommend and the City Council may grant a development agreement prescribed by this section, as applied for or in a modified form, if, on the basis of the application and the evidence submitted, the applicant substantiates, to the satisfaction of the Commission and the Council, the following facts _ _ Comment[FF4]: This section has boen modified and relocated to Section 17 28.100 (D) (Commission and Counnl Action). Comment [FFS]: This section has been modified and relocated to 17.'_8.100 (E) (Findings). 1. That the proposed development agreement is consistent with the General Plan and any applicable specific plan; and - Comment [FFS]: This section haabeea modified and relocated F IZ28.100 (E) (Findines). '12. That the proposed development agreement complies with the development code and other applicable ordinances, standard, policies, and regulations; and . - . comment [FF71: This stiction has bean modified - - and relocated to 17.28.100 (E) (Findings). 13. That the proposed development agreement will not: a.Ae affectcomfort, or welfare of persons residing or a. Adverse) a arealth, a y thep working the surrounding area; peace, comment[FFS): Thissectionhasbeen modified and relocated to 17'_8.100(E)(FiMings. b Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site; or______ - - comment [FF9]: This has nem.moced from __ _-_-_____ __ _- the Code. e. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; - - comment [FFle]: This section has been _ modified and relocated to 17.28.100 (E) (Findings). 4. That the proposed development agreement provides for Gear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit; and . - - comment [FFu7: This sacdon has been - modifiM end aowted to 7 � 28. f00 (E) (Findings} 15. That requirement of development schedules providing that construction of the proposed development as a total project or in phases be initiated and/or completed within specified time periods; and--- Comment[FF12]: This aection has been - - - - - - - - - - - - - - - - - - - - - - - - - modified and.located to 1/.28.100 (E) (Findings). 6. That construction of public facilities required in conjunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood control facilities, parks and other recreational facilities, and sewers and sewage treatment facilities and road improvements are adequate to serve the development; and - - - Comment [FF13]: Tnis section nes nem moed and relocated m11.28 .100 (E) (Findings). 7. The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur; ani, _ - Comment FF14]: Tlils aet5on has been _ _ _ _ _ _ _ _ _ _ _ _ _ modified and relocated In 17.28.100 (E) (Findings). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 2 8. The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions and/or requirements of the agreement. In lieu of the required bond, the applicant may deposit with the City Clerk and assign to the City certificates of deposit or savings and loan certificates or shares equal in amount to the same conditions as set forth herein; andCom rent[FFss]:This ationha bem - - - _ - - - - - - - - moed and relocated to 1T_8.100 (E)(Findings). -9. The requirements of specified design criteria for the exteriors of buildings and other structures, including signs; and Comment[FF16): This section has teen . modified and relocated to 17,28, 100 (E) (Findings). 10. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping, and parking facilities, including vehicular and pedestrian ingress and egress; and Comment [FF17]: This section has been - - - - - - - - - - - - - - modified and relocated to 18.100 (E) (Findings). 11. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors, gases, garbage, heat, and the prevention of glare or direct illumination of adjacent properties; and - Commblt[FF16]: Thio uclionhas been modified and relocated to 17.'_8.100 (E) (Fmdings). 12. The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding propertyJ comment[FF19]: This section has bem _ - modified sad relocated io 1728.100 (cilli ndings). F. City Council Action. After receipt of the Commission's recommendation of approval or denial, 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 ordinances - comment [FF20]: This s«tion has been modified and relocated to Section 17.28.100 (D) (Commission and Council Action). G. Adoption of Ordinance and Execution of Contract. 1. No ordinance shall be adopted and the Mayor of the City shall not execute a development agreement unfit it has been executed by the applicant. If the applicant has not executed the agreement, or agreement as modified by the City Council, and returned said executed agreement to the City Clerk within thirty (30) calendar days following City Council approval, the approval shall be deemed withdrawn, and the City Council shall not adopt said ordinance nor the Mayor execute said agreement. . - comment [FF21]: This sectioa has ban modified and elocated to Section 17.28. 100 (F) (Esmution and Recordation). 2. Such thirty (30) calendar day time period may be extended upon approval of the City Council:Comment [FF221: This section has been _____________________________________. - --. modified and relocated to Section 1728.100(F) t Esaution and Raordatimo. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 3 9 0 '.3. Not more than ten (10) calendar days following the execution of a development agreement by the City Council, the City Clerk shall record with the County Recorder a copy of the executed agreement, "" comment [FF27]; This section has been - - - - - - - _ modified and relocated to Section 17 28.100 (F) (Execution and Recordation). H. Ordinances, Regulations and Requirements Applicable to Development. Unless otherwise provided by a development agreement, the General Plan, development code and other ordinances, rules, regulations and official policies governing permitted uses of land, governing density and governing design, improvement and construction standards and specifications applicable to property subject to a development agreement shall be those applicable to such development on the date of final project approval by the City; provided, however, that a development agreement shall nob- " - comment [FF20]: This section has ban relocated to Section 17.28. 100 (G) (Ordinances, Regulations and Requirements Applicable to 1. Be construed to prevent the application of later adopted or amended ordinances, rules, oevelepmant). regulations and policies in subsequent applications applicable to the property which do not conflict with such existingordinances, rules, regulations and polices: olt 9 P - comment [FF25]: This section has been - - - - - -' relocated to Section 17.28.100 (G) (Ordinances, Regulations and Requirements Applicable to 2. Prevent the approval, approval subject to conditions or denial of subsequent Development). developmenta applications pursuant to such existing or later adopted or amended ordinances, rules, regulations and olicies: of ' _ 9 P - CAmment [FF26]: This section has been - - - - - - - - - - - - - - - ' relocated to Section 17 28.100 (G) (Ordinances, Regulations and Requiremems Appticable to 3. Prevent or preclude the event that State or federal laws or regulations are enacted Development). subsequent to execution of a development agreement which would prevent or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with said State or federal law or regulation, , - " comment [FF27]: This section hasbeen modified and relocated to Section 17 28.100 (H) (Subsequently Enacted Special District, County, I. Enforcement—Continuing Validity. State or Federal Laws or Requirements). 11. Unless and until amended or canceled in whole or in part as provided in Section 17.01.140, a development agreement shall be enforceable by any party thereto notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in Section 17.03.0& - - - - - - - - - - - - - - - - - " comment [FF281: This section has been - - _ modified and relocated to Section 17.28.100 (1) (Enforamen). 2. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. - - Comment [Rion Thin radon nos baa ------ relocated to Section¢28.1000)(Eafercemenp. J. Review for Compliance—Director's Review. 1. The applicant must make a request for periodic review of the development agreement for compliance at a time interval specified in such agreement, but in no event longer than twelve (12) months; _ _ _ _ _ _ _ _ - comment [FF301: This at. has ban - - - - _ - - - - - - " modified and relocated to Section 1228.100 (K) _ _ _ _ .. (Periodic Review). January 2013 1 DRAFT Chapter 17.03 – Permits and Applications Page 4 0 LJ 2. The Director shall determine on the basis of substantial evidence that the applicant or the successor in interest has or has not complied with the agreement. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant or the successor in interest of the Director's findings as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than thirty (30) calendar days, may result in legal action to enforce compliance, termination or modification of the agreementf 13. It is the duty of the applicant or the successor in interest to provide evidence of good faith compliance with the agreement to the Director's satisfaction at the time of said review. Refusal by the applicant or the successor in interest to provide the required information shall be deemed prima facie evidence of violation of such agreement) 4. If, at the end of the time period established by the Director, the applicant or the successor in interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating such compliance, the Director shall notify the Commission of the findings, recommending such action as deemed appropriate, including legal action to enforce compliance or to terminate or modify the • agreement K. Amendment or Cancellation. A development agreement maybe amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest, Procedures for amendment or cancellation shall be the same as provided herein for initiation and consideration of such agreement) _ _ _ _ _ _ _ _ _ _ L. Violation of Agreement—Commission Review. 1. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement; '�. If, as a result of such hearing, the Commission finds that the applicant or the successor in interest is in violation of a development agreement, it shall notify the City Council of its findings, recommending such action as it deems appropriate; _ _ _ _ !M. Violation of Agreement—City Council Review. Where the Commission reports the violation of a development agreement, the City Council may take one of the following actions: January 2013 j DRAFT Chapter 17.03 — Permits and Applications Page 5 11 Comment (FF33]: This sectionhas been modified and relocated to Suction 17 28.100(K) (Periodic Review). Comment [FF32]: This section has been modified and relocated to Section 1728.100 (K) (Periodie Review). Comment (FF33]: This section has been modified and relocated w Semon 1728.100 (K) (Periodic Review). Comment (FF34]: This section has bcen modified and elocamd to Section 1728.100 (J) (Amendment or Casetation of Development Aereanents). Comment (FF351: This section bas been relocated to Section 1 ].28.100 (M) (violation of Agreement - Commission Review). - IComment (FF361: This section has been rebated to Section 17.28.100 (M) (Violation of Agresonent- Commission Revimv). 0 1. Approve the recommendation of the Commission, instructing that action betaken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or 2. Refer the matter back to the Commission for further proceedings with or without instructions; or 3. Schedule the matter for City Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.01.100,(Ord. 01-5,2/27/01; Ord. 05_1 § _ 2,1/25/05,'Ord. 05_19�12/13/05;Ord.- section Comment fFF37]: This has bem - - - - - 2 - - relocated to Section 17.28.100 (N) (Violation of 13 § 2, 8126]08) Agreement -Council Review). 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 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 are 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 January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 6 0 0 0 11 within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilifiesl - - Comment [FF381: This section has bem to make the application consistent, - modified and relocated to Section 17.28. [0 (A) - _ (Purpose). B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this (Findings). development code,, - Comment[FF39]: This Section has been modified and relocated to Section 17.28.110 (B) F. New Application. Followin the denial of an application for a specific Ian, an application or PP 9 PP P P PP (Application Filing. Fees and Project Review), 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 _ Comment [FF431: This section has bun notice given as prescribed in Section 17.01.1001 . - 'I comment [FF40]: This Section hasbeen _ modified and relocated to Section 17.28.1 10 (B) G. Change of Zoning Map. A specific plan shall be adopted by ordinance and shall become (Application Filing, Fees and Protect Review). D. Findings. The Planning Commission may recommend that the City Council make one (1) of the following findings for a specific plan: 1. The proposed specific plan is consistent with the General Plan and the 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, - - _ ' Comment FF41: This section has been - _ expanded and relocated to Section 17.28.110 (G) (Findings). E. Final Action. The City Council's action to approve or deny is finals_ _ - _ _ _ _ _ _ _ - - commene [FFaxl: TMs sectioa has bean expandetl and relocated to Sections 17.1 50 (C) F. New Application. Followin the denial of an application for a specific Ian, an application or PP 9 PP P P PP (Conncii Action) n. 2g.l to (F) (commission and coancil fictions). request for the same or substantially the same change shall not be filed within one (1) calendar year of the dale of denials _ Comment [FF431: This section has bun expanded and relocated to Section 17.06_.^_40 (Resubmission or Application). G. 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. - Comment [FF441: This section nos bem - - - - - - - ascended and relocated to Section 17.28.1 l0 (J) (Change orzoning Map). H. Specific Plan Amendments. 1. A specific plan maybe amended in the same manner as provided for adoption of a specific plan by this section. 2. An amendment to a specific plan maybe 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. NOrd, 08-13 § 2, 8/26/08)_'---- --------- ensec- - Comment [FF45]: This tion has been --------------"'-'----- modifiedandrelocatedto Section 17.28.110 (H) (I'mcedme and Adophon). 17.03.020 Zone Changes and Amendments. January 2013 I DRAFT Chapter 17.03 — Permits and Applications Page 7 A. Purpose. It is the purpose of this section to provide a procedure for the review and consideration of amendments, additions, deletion, or changes to the development code text and associated maps and/or exhibits. The development code regulations and associated maps and/or exhibits may be amended in accordance with the procedure prescribed in this sectionf ---- B. ___ B. Initiation. 1. A change in any zone maybe initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in zone boundaries as prescribed in this section. If the property for which a change of zone is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application. 2. A change in any zone or a change in the regulations maybe initiated by resolution of the Planning Commission when approved by the City Council; or initiated directly by the City Council. 3. A change in the development code text may be initiated by resolution of the Planning Commission when approved by the City Council; or initiated directly by the City Council, C. Consistency with Proposed Zone Changes or Amendments. Upon the determination of completeness by the Director of a zone change or development code amendment, a permit and/or application may be approved for the erection, construction, alteration, or change of any building, structure, or improvement covered by the proposed zone change or amendment which would conform to the requirements for the proposed zone. Permits and/or applications for the erection, construction, alteration, or change of any building, structure, or improvement in compliance with the existing zone and/or amendment under consideration, shall be held in abeyance until the effective date of the proposed zone change or amendment. D. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. _ E. Hearing and Notification. The Planning Commission and the City Council shall each hold a public hearing on every complete application for a zone change or for a change of the zoning regulations. The hearing shall be set and notice given as prescribed in Section 17.01.100. _ F. Findings Required by the Planning Commission. The Commission shall make one of the following findings in acting upon applications for a zone change or amendment to the development code: 1. That the proposed zone change or amendment is consistent with the objectives of this development code, the General Plan, and development policies of the City and forward a recommendation of approval; or January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page g Comment [FF461: This section has been expanded and relocated to Section 17.28.120 (Al (Purpose). Comment [FF47]o This section has been expanded and relocated to section 17 28.1_0 (B) (Io tion). Comment [FF46]: This section has been relocated to section 17.28.120 (K) (Consistency with proposed Zone Change or Amondmenn. - Comment [FF49]I This section has been relocated to Section 17.18.120 (D) (Application Filing, Fees and project review). Comment [FF50]: This action has been modified and relocated to Section 17 28.1'_0 (F) (Commission and Council Actions). E 0 E 2. That the proposed zone change or amendment is not consistent with the objectives of this development Code, the General Plan and development policies of the City and deny the application (action of the Planning Commission on a denial is final unless appealed), or continue it to allow for changes to be made to make the application consistent) - Comment [FF51]: This section has been modified and relocated to Section 17 28.120 (G) (Findings), Section 17.28.120 (H) (Additional G. Findings Required by the City Council. The Council shall make one of the following Requirements for Zone Changes) and Section 17_28.120 (1) (Additional Requirements for Zone findings; Amendments). 1. That the proposed change is consistent with the objectives of this development code, the General Plan and development policies of the City, in which case the Council shall introduce an ordinance amending the zoning map and/or development code, whichever is appropriate; or 2. That the proposed change is not consistent with the objectives of this development code, the General Plan and development policies of the City, in which case the Council may deny of the application, continue it and request changes be made to make the proposal consistent, or reject the proposal. If the changes are of a substantial nature, the City Council shall forward the application back to the Planning Commission for their recommendation on the amended proposal, unless such amendment had already been considered by the Planning Commission at their hearing)_ Comment [FFS21: This section has been - - _ - - - - _ - _ - modified and relocated to Section 1728.120 (G) • (Findings), Section 17 28.1 ^-0 (H) (Additional H. Alternative Zones Instead of the Proposed Zone. Following a public hearing on a zone Requirements for Zone Changes) and Section change, if the Planning Commission and/or Council determines that a change to a zone 17.28.190 (I) (Additional Requirements for Zone Amendments). classification other than the proposed Classification request by the applicant in the hearing notice is desirable, the Planning Commission may recommend and the Council may adopt an alternate classification to a proposed classification. The notice of public hearing may indicate alternate classifications, if any, which Planning Commission and City Council could consider in Compliance with General Plan or a concurrently filed General Plan amendment) _ _ Comment [FF53]: This section has been - - - _ _ _ _ _ - - removed from the new Code. I. Final Action. The City Council's action to approve or deny is finalf _ _ Comment [FF54]: This section has been _ -- _ _ _ _ _ _ _ _ _ _ _ _ - ' ' - modified add relocated to Sections 117.03.150 (C) (Council Action) 17.28.120 (F) (Commission and J. New Application. Following the denial of an application for a zone change or a change in the Council Anion) development code, 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) Comment [FF55]: This section has bad - - - - - - - - - _ - - expanded and relocated to Section 17.06.240 (Recommission of Application). K. Change of Zoning Map. A zone change 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. kord. 02-5, - Comment [FF561: This section has ben 4/23/62) expanded and relocated to Section 1'7.28.120 M Zoning (Change of Map). 17.03.025 Master Plans. A. Purpose. The purposes of this chapter are to: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 9 1. Establish a procedure by which multiple uses and development can be evaluated, considered, and approved concurrently, thereby reducing processing time and uncertainty by eliminating the need for multiple entitlements to be obtained over the life of a development project; and 2. Ensure orderly and comprehensive City review of development plans resulting in more compatible and desirable development. IB. Permitted Uses. Master plans maybe considered for development projects which meet the following: 1. Multiple uses can be included and considered as part of a master plan. The following uses may be approved as part of a master plan: a. Uses permitted or conditionally permitted in the underlying zone; b. Uses accessory to a permitted or conditionally permitted use; and/or c. Uses similar in nature and directly associated with and dependent upon the primary function of the master plan. 2. Master plans shall be considered only for development projects in which: a. The site can be developed in such a way that buildings, structures, pedestrian and vehicular circulation, landscaping and open space relate harmoniously to create a campus -like setting; and Comment IFF57]: This section nos ban relocated to Section 17 26.120(A) (Purpose). 0 • It. Building architecture throughout the project is consistent and complementary. _ " - "Comment [FFseh Tn�s aaeon h- been relocated to Sec[ion 1 ].?6.1'_0 (H) (Pemtined Uses). '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. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 10 0 0 r 1 L 9 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'. D. Application. Applications and fees shall be submitted pursuant to Section 17.01.09 ._ _ _ _ IE. Hearing and Notification. Public hearings shall beset and notice given as prescribed in Section 17.01.100; _ IF. Approving Authority. The Planning Commission and the City Council shall each hold a public hearing on every application for a master plan. 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 of master plans. G. Findings. The Council shall make the following findings for the approval of a master plan: 1. That the proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this development code, the purpose of the zone in which the site is located, the Santa Cladta General Plan, and the development policies and standards of the City; and 2. 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: a. Harmony in scale, bulk, coverage, and density; b. The availability of public facilifies, services and utilities; c. The harmful effect, if any, upon desirable neighborhood character; d. The generation of traffic and the capacity and physical character of surrounding streets; e. The suitability of the site for the type and intensity of use or development which is proposed; I. 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 3. 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 January 2013 I DRAFT Chapter 17.03 — Permits and Applications Page 11 Comment[FF59]: s;-(tianbasbeen relocated to Section 17:;h6 .1 20 (a) (Apphrabil(ty). Comment [FF60]: Th¢ section has been modified and relocated to Section 17 26.120 (C) (Application Filing, Fees and Project Review). Comment [FF611: This section has been modified and relocated to Sectian 17 26.120 (D) (Project Notice and Required Adions). Comment [FF621: This suti.has been modified, expanded and relocated to Section 17.26.120 (E) (Commission and Covnal Anions). detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and '.4. That the proposed use will comply with each of the applicable provisions of this code, except for an approved variance or adjustment) H. Final Action. The action of the City Council to approve or deny is finalf I. Expiration. A master plan shall expire on the date designated by the City Council --- J. __ J. Renewal. An approved master plan maybe renewed for a period approved by the Planning Commission, with notice and public hearing, if the Planning Commission determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the plan. Application for renewal shall be made in writing between thirty (30) and sixty (60) days prior to lapse of the original approvals _ _ _ _ _ _ K. Amendments. The City Council may approve, conditionally approve or deny an application for an amendment to an approved master plan. The application shall be processed with the same procedures and fees as provided hereunder for master plans. The City's review of the proposed amendment shall be limited to the scope of the application, and shall not address reconsideration of aspects of the existing master plan, including conditions of approval, that are not the subject of the application, except as such aspects that may be affected by the proposed amendment. L. Review. All approved master plans maybe periodically reviewed by the Planning Commission, or other body designated by the City Council, for compliance with the features of the plan and conditions of approval, at time intervals identified by the Council. The review shall take place at a noticed public hearing as provided in this chapter for the initial hearing on adoption of the plan. The owner shall be notified in writing of the reviewing body's determination. If the reviewing body finds noncompliance with the plan or the conditions of approval, it may direct the Director to withhold building and other permits for any development within the area covered by the plan until compliance is achieved and/or direct the Director to schedule a public hearing before the City Council for revocation of the master development plan. Such hearing shall be noticed as required for a hearing for adoption of a master development plan. M. Property Development Standards. All development standards of the underlying zone shall apply to master plans. The approving authority shall be permitted to increase the setback requirements of the underlying zone and also to modify or delete the following requirements when it can be shown that the alternative achieves a similar purpose. 1. The master plan shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 12 Comment [FF631: This section has been modified and relocated to Sxtion 17.26.120 (F) (Findings). Comment [FF64]: This section has been removed as it is included in Section 17.26.120(H) (Permitted Uses). Comment [FF65]: This section has been modified and relocated to Section 17_26.120 (E) (Commission and Council Actions). Comment [FF661: This section has been modified and relocated to Section 1726.120 (G) Comment [FF67]: This section has been modified and relocated to Section 17 26.120 (G) (Procedure and Review). Comment [fF63J: This section has been modified and relocated to Section 1726.120 (G) (Procedure and Review). Comment [FF69]: This section has been modified and relocated to Sxtion 17.26.120 (G) (Procedure and Review). 9 • F_I L from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. The applicant shall include the anticipated architectural themes for the master plan area with the submittal of the master plan for review and approval. 2. If the project is to be developed in stages, the master plan shall coordinate improvement of the open space, the construction of structures, and improvements in such open space in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development. 3. Master plans shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, significant ridgelines, oak trees, significant flora and/or fauna and similar features and areas. These areas shall be designed to use and retain the features and amenities to the greatest extent possible. N. Accessory Uses and Structures. Accessory uses and structures shall be located as specified on the development plans as approved by the City Council; provided, however, that accessory structures shall meet all of the setbacks for site development as specified in the master plan and the underlying zone in which it is located: (Ord. 05_1A2 1/25/05;_Ord. 08-13 § 2, 8/26/08) 17.03.030 Tentative Subdivision Maps. A. Purpose. It is the purpose of this section to establish the requirements for the review and approval of tentative subdivision maps for the division of all land within the City of Santa Clarita- It is the intent of the City to require that all land use approvals are obtained before or concurrent with the approval of a subdivision. Final map approval shall comply with the requirements of Title 161 IB. Authority. Pursuant to the Subdivision Map Act, Section 66411 et seq., of the Government Code of the State of California, as it now exists or may hereinafter be amended, the provisions of this section are hereby enacted and made supplemental to those of the Act and shall apply to all subdivisions of land, whether partially or wholly within the corporate limits of the City of Santa Clarita. The Planning Commission is designated as the advisory agency and is authorized to approve tentative subdivision maps as specified in Sections 66473.5, 66474, 66474.1, and 66474.6 of the Subdivision Map Act:, _ IC. Scope. This section shall regulate the content of tentative subdivision maps for all land within the City and the filing of tentative tract maps and tentative parcel maps. 1. Subdivision of Four (4) or Less Lots. A tentative parcel map shall be required for a subdivision of land consisting of four (4) or less lots. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 13 Comment JFF701: This sedan hasbem modified and reloeated to Section 17 26.120 (1) (Properly Development Standards). Comment [FF71]: This section has been modified and relocated to Section 17.26.120 (q (Property Development Standards). Comment [FF72]: This seetion has bem modified and reloeated to Secaon 17.25.120 (A) (Purpose). ovComment [FF73]: This section has been remed from the new Code. 2. Subdivisions of More than Four (4) Lots. A tentative tract map shall be required for a subdivision of land consisting of more than four (4) lots. 3. Vesting Maps. A vesting tentative tract map or vesting tentative parcel map maybe submitted for all subdivisions) !D. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code) E. Hearing and Notification. The hearing shall beset and notice given as prescribed in Section 17.01.100. At the hearing, the Commission shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the application, particularly with respect to the findings prescribed in subsection (G) of this section✓_ F. 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 shall act on the application by the adoption of a resolution. The Planning Commission may grant approval of the application as was applied for or with conditions or the application may be denied. The decision of the Planning Commission is final unless appealed to the City Council. Appeals of the action of the Planning Commission may be made by any person by filing a written notice of appeal with the City Clerk within fifteen (15) calendar days following the Planning Commission's decision) G. Findings. The Planning Commission, when considering action on a tentative tractor tentative parcel map or vesting maps thereof, shall make the following findings of fact: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the Santa Clarita General Plan, this code, and/or any specific plan; 2. The site is physically suitable for the type of development; 3. The site is physically suitable for the proposed density of development; 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat; 5. The design of the subdivision or type of improvements are not likely to cause serious health problems; and January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 14 Comment [FF74]: This section has been modified and relocated io Section 17.'_5.120 (B) (Applicability). Comment [FF75]: This section has"n modified end relocated to Smon ti1735.120 (C) (Application Filing, Pees and Pmjat Review). Comment [FF76]: This section has them modified and relocated to Section t7.25.120 (B) (Public Notice and Required Actions). Comment [FF77]: This section has them modified and relocated to Section 172520 (D) (Project Notice and Required Actions). r� U 0 • n U 6. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subs ivisionf COmment [FF761: This section has been - - - - - - - - - - - - - - - - - - - - - - _ modified and relocated to Section 17.25J 20 (E) (Findingsl. H. Final Action. Prior to the public hearing, the Director of Community Development shall prepare a report to the City Council regarding the reason for the appeal. The report shall be transmitted to the City Council and the applicant at least three (3) calendar days prior to the public hearing. The City Council shall act on the appeal by the adoption of a resolution. The City Council may grant the appeal or deny the appeal as appealed or with additional conditions. The decision of the City Council is final. Approval of a vesting tentative map by the City Council shall establish a vested right to proceed with applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Coded - Comment [FF79[: This section has ncca modified and relocated to Section I, "0 (D) (Project Notice and Required Actions). 1. Expiration and Extension. 1. Expiration. A tentative tract map, tentative parcel map or vesting maps thereof, shall expire twenty-four (24) months from the date the map was approved or conditionally approved. The expiration of the approved or conditionally approved tentative tract map, tentative parcel map, or vesting map thereof shall terminate all proceedings. Any subsequent subdivision of the same real property shall require the filing and processing of a new application. 2. Time Extensions. The subdivider filing a tentative tract map, tentative parcel map or vesting map thereof, may request an extension of the approval by completing and filing an application for a time extension, accompanied by the required deposit, with the Director of Community Development at feast sixty (60) calendar days prior to the expiration of the approved or conditionally approved map. 3. Time Extension Limits. One extension of tentative tract map, tentative parcel map or vesting map approval or conditional approval may be granted by the Director of Community Development for a period of up to one year. The extension of time shall commence from the expiration date of the approved or conditionally approved map._ _ . - - Comment [FFeol: Tnia section nae 1 ].06.'-30 (Time neer - - - _ - - _ - _ modified and relocated to Section Limits and Extensions). J. Amendments. An amendment to a tentative tract map, tentative parcel map, or vesting map thereof shall be required when the final map or maps do not substantially comply with the approved tentative tract map, tentative parcel map or vesting maps thereof. "Substantial compliance" shall mean that all conditions of approval have been met or guaranteed by bond, surety or other City -approved instrument to the satisfaction of the Director of Community Development; and that the map depicts final grades within five (5) feet, or to the satisfaction of January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 15 the Director, of those shown on the approved tentative subdivision or vesting map; and that the design and improvements are similar or identical in nature or serve the same purpose as the approved map; and that there is no increase in the number of lots proposed over the lots on the approved tentative map. Ord. 00-3, 2/8/00,' Ord. 01_5, 2/27/01 Ord. § 21/25/05; Ord. 05- - " Comment[FFS11: This section has been - - 19 § 2, 12/13/05; Ord. 07-1 § 2, 1/23/07) modified and relocated to Section 1725.120 (G) (Amendments) and Chapter 17.091 Minor Permit Modifications). 17.03.040 Conditional Use Permits and Minor Use Permits. A. Purpose. In order to give the use regulations the flexibility necessary to achieve the objectives of this development code, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the development code and with respect to their effects on surrounding properties. In order to achieve these goals, the Director of Community Development is empowered to grant approval with conditions or deny applications for minor use permits, and the Planning Commission is empowered to grant approval with conditions or deny applications for conditional use permits for uses in zones as prescribed in the development code, and to impose reasonable conditions upon the granting of minor use permits and conditional use permitsi Comment [FF82]: This section has been - - - - modified and relocated to Senion 1724.120 (A) (Purpose) and Section 17.25.020 (A) (Pmposa). B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code;, . _ p - Comment[FF831: This seeion has been modified and relocated to Section 17.24.120 (C) (Application Filing, Fee and Project Review) and C. Hearing and Notification. Public hearings shall beset and notice given as prescribed in Section 17.'_5.100(C)(Application Filing, Fees m Section 17.01.10Project Review). - Comment [FF84]: This section has been modified and relocated to Section 17 24.1''-0 (D) D. Actions by the Approving Authority. (Project Notice and Required Actions)and Section 1725.100 (D) (Project Notice and Required 1. The Planning Commission is empowered to grant approval with conditions or deny applications for conditional use permits for uses in zones as prescribed in the development code] _ _ - - Comment [FF85]: This section has been Sections 17.25. 100 (0) (Project Notice and Required Actions) and 17.15. 100 The Director of Community Development is empowered to grant approval with (e) (Commission AetmN. conditions or deny applications for minor use permits as prescribed in the development code, unless: a. If in the opinion of the Director the specific nature of the application involves unusual requirements or raises questions of land use policy substantially more significant than generally pertain to such applications, the Director may refer the application to the Planning Commission for consideration; or b. Comments opposing the minor use permit have been received and the minor use permit is scheduled for action by the Planning Commission pursuant to Section" Comment [FF861: This suction has been 17.01.100) , ' modifed and relocated to Smdon 17 24.130 (D) - - - - - - _ - - - - IProlen Notice and Req.hatl Anions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 16 11 0 3. Variations from the regulations prescribed elsewhere in this code for fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street and other standards, shall be separately administered in accordance with the procedures in Section 17.03.050:_ 4. The approving authority may grant approval of a minor use permit or conditional use permit, with or without modifications, or the application may be denied. Conditions may include, but are not limited to, provisions for or limitations to the following: a. Special yards; b. Open spaces; c. Buffers; d. Fences; e. Walls; • f. Height of buildings, walls or other structures; g. Installation and maintenance of landscaping; h. Street dedications, medians, and improvements; i. Regulations of points of vehicular ingress and egress; j. Regulation of traffic circulation; k. Regulation of signs; I. Regulation of hours of operation and methods of operation; m. Control of potential nuisances; n. The prescription standards for maintenance of building and grounds; o. prescription of development schedules and development standards; p. Limit the life of the permit; January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 17 0 Comment [FF87]: This hu been removed ft. his Code. q. Such other conditions as the Director or Planning Commission may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare) E. Findings. The approving authority shall make the following findings before granting a minor use or conditional use permit: 1. Conditional Use Permit Findings. 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 E Comment [FF88]: This section has born modified and relocated to Section 17 24.120 (F) (Conditions of Approval) and Section 17.15. 100 (F) (Conditions ofApproval). r-1 L 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_ _ _ _ _ _ . _ _ _ ... - This section has been modified and d relocated to section 17,25.100 (E) (FindiapY d. That the proposed use will comply with each of the applicable provisions of this code, except for an approved variance or adjustments "--------- - Comment [FF90]: This has been ®moved front '---_ the new Code. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 18 0 0 • r1 LJ 2. Minor Use Permit Findings. a. That the proposed use is in accordance with the General Plan, the objectives of the unified development code, and the purposes of the zone in which the site is located; b. That the proposed use or activity, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; c. That the proposed use complies with each of the applicable provisions of the development codef F. Expiration and Extension. 1. A minor use permit or conditional use permit shall lapse and shall become void two (2) years following the date on which the use permit was approved, unless a shorter term is set out within the conditions of approval or prior to the expiration: a. A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application; or b. A certificate of occupancy is issued for the structure which was the subject of the use permit application; or c. The site is occupied in accordance with conditional use, if no building permit or certificate of occupancy is required; or d. The use which was the subject of the use permit application is commenced; provided, that a use permit for a public utility installation may be valid for a longer period if specified by the Planning Commission or City Council: 2. The extension of a minor use permit or conditional use permit maybe permitted pursuant to Section 17.01.160f _ G. Pre -Existing Conditional Uses. A conditional use legally established prior to the effective date of this development code, or prior to the effective date of subsequent zone changes or Comment IFF911: This section has been modified and relocated to section 17.34.120 (E) (Findings). Comment [FF92]: This section has been modified and relocated to Section 17.06.230 (Time Limns and Extensions). Comment [FF93]: This section has been modified and ra[.. ed to section 17.06.230 (Time Limits and Extensions). amendments to the development code, shall be permitted to continue and be permitted to expand Comment [FF94]: This section has been or be modified pursuant to Chapter 17_05; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ----------- , - ;nenwrated into to Section 17.05.020 (Continuation and Maintenance). H. Final Action. The decision of the approving authority is final and effective within fifteen (15)Comment IFF95]: This section has been odified and relocated to Section 1724.120 (D) calendar days unless and appeal is filed, in writing, in accordance with Section 17.01.110 for (Project Notice and Required Actions) a, mnd Sxaon Directors action and Section 17.01.120 for Planning Commission action-------------- 17.25.100 (D) (Project Notiecand Required — Actlona). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 19 jl. New Applications. Following the denial of a use permit application, no application for a use permit for the same or substantially the same use on the same or substantially the same site may be filed within one year from the date of denial or revocation of the use permitf IJ. Use Permit and Change of Zone Filed Concurrently. Application for a minor use permit or conditional use permit may be made at the same time as an application for a zone change. In such a case the final approving authority shall be the City Council. The City Council shall hold the public hearing on the zone change and the minor use permit or conditional use permit at the same meeting and may combine the two (2) hearingsf IK. Reservation of Right to Review Conditional Use Permit—Changed Circumstances. Any conditional or minor use permit granted or approved under this chapter shall be granted or approved, with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, or change of use. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and Comment [FF96]: This section has been modified and relocated to Section 17. 06.240 (Resubmission of Application). Comment[FF97]: This section has been modified and relocated to Section 17A6.040 (Multiple APPliestions). 9 designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. (Ord. 00_3, 2/8/00; Ord. - - Comment [FF98]: This seefion has been qJ - - - modified and relocated to Section 17.08 090 02-5, 4/23/02; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05; Ord. 07-1 § 2,11/23/07) (Conditional Use Permit and Minor Use Permit) 117.03.045 Nonconstruction Conditional Use Permits and Nonconstruction Minor Use Permits. A. Purpose. In order to give the use regulations the flexibility necessary to achieve the objectives of this development code, uses that require a conditional use permit or minor use permit per Chapter 17_13, but require no exterior construction are permitted, subject to the granting of a nonconstruction conditional use permit or nonconstruction minor use permit. Exterior construction includes, but is not limited to, the erection of buildings or structures, grading and paving. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the development code and with respect to their effects on surrounding properties. B. Actions by the Approving Authority. 1. The Planning Commission is empowered to grant approval with conditions or deny applications for non construction conditional use permits for uses in zones as prescribed in the development code. January 2013 1 DRAFT Chapter 17.03 – Permits and Applications Page 20 r 1 U 0 0 E 2. The Director of Community Development is empowered to grant approval with conditions or deny applications for nonconstruction minor use permits as prescribed in the development code, unless: a. If in the opinion of the Director the specific nature of the application involves unusual requirements or raises questions of land use policy substantially more significant than generally pertain to such applications, the Director may refer the application to the Planning Commission for consideration; or b. Comments opposing the minor use permit have been received and the minor use permit is scheduled for action by the Planning Commission pursuant to Section 17.01.100, C. Application. Applications and fees shall be submitted pursuant to Section 17.01.090. D. Notification and Hearing. 1. Public hearings for nonconstruction conditional use permits shall be set and notice given as prescribed in Section 17.01.100. 2. Notification for nonconstruction minor use permits shall be as prescribed in Section 17.01.100. E. Findings. Before granting a nonconstruction conditional use permit or nonconstruction minor use permit, the approving authority shall make the findings contained in Section 17.03.040 for conditional use permits and minor use permits, respectively. F. Final Action. The decision of the approving authority is final and effective within fifteen (15) calendar days unless an appeal is filed, in writing, in accordance with Sections 17.01.110 for Director's action and 17.01.120 for Planning Commission action. G. Expiration and Extension. Expirations and extensions shall be as prescribed in Section 1703040 H. New Applications. Filing of new applications shall be as prescribed in Section 17.03.040. (Ord.05-1§2,1/25/05%_______________________ 17.03.050 Variances and Adjustments. A. Purpose. 1. Variances and adjustments from the development standards of this development code shall be granted only when the strict application of the development code results in January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 21 Comment [FF99]t This section has ban incorporated into Section 17 24.120 (Minor Use Permit) and Section 17.25.100 (Conditional Use Penchi. practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the development codef 12. The Director of Community Development may grant an adjustment for a maximum change of twenty (20) percent of the development standard or consistent with the prevailing standard (more than fifty (50) percent of the block), and the Planning Commission may grant a variance to the development standards of this development code in accordance with the procedure prescribed in this section] 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 shall hold a hearing on every complete variance application. The hearing shall be set and notice given as prescribed in Section 17.01.100. Applications for adjustments shall be noticed as prescribed in Section 17.01 .100] D. Approving Authority. The approving authority may grant a variance, with or without modifications, with conditions or may deny the applicatiod.,Variances for sins may be ....... conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or may automatically expire in a designated period of time: 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 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 January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 22 0 Comment EFF1001: This section has been modified and relocated Into Section 17,24, 100 (A) (Purpose) & (B) (Applicability) and Section 17.25. 130 (A) (Purpose) & (B) (APplicability). Comment [FF101]: This section has been modified and relocated into Section 17.24. 100 (B) (Applicability) and Section 17 25.120 (e) Comment IFF103]: This section has been modified and relocated into Section 17.24. 100 (D) (Project Notice and Required Actions) and Section 17.2 5.120 (C) (Project Notice and Required Comment [FF1041: This section has been modified and relocated into Section 17.24. 100 (D) (Project Notice and Required Actions) and Section 17.25.120 (D) (Project Nance and Required Comment [FF105]: This statement hes been removed from the document. 0 0 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 I Comment [FF106]: This section has been - - - - - - - - - - - - - - - - modifred and relocated into Section 17 25.130 (E) (Findings). 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 the granting of 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 locatedf - - comment [FF107]: rni: section ,s habeen en0 - -- - - - _ _ _ - I] expaWed and relncmed into Section 2 (E) (Plndings). '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) of this section for variances or subsection (F) of this section for adjustments 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.- ,- Comment[FF108]:Thiss fionhssbeen - - - - - - _ - - - - - - - - - - - - - - - - expanded and relocated into Seaton 1 ].21.110 (E) (Findings). 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) or (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: - comment [FF109]: This section has been '----'--'-'--'--"----------------'---- - --- modified and relocated into Section 1724.120(E) (Findings). January 2013 1 DRAFT Chapter 17.03 – Permits and Applications Page 23 0 I. Expiration and Extension. An extension of a variance or adjustment maybe granted pursuant to Section 17.01.1601 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 actiod 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 (1) 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. kOrd, 90-3,218/00; Ord_05.1 § 2,1/25/05,' Ord. 05_19_§_2, 12/13/05; Ord. 08-13 § 2, 8/26/08) 17.03.060 Development Review. A. Purpose. The provisions of this section shall be for the construction of permitted structures and the initiation of permitted uses. Through development review, the Director shall ensure that the proposal complies with all of the provisions of the development code and the General Plan:. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments; mobilehomes on permanent foundations, single-family homes (custom); multiple -family developments; mobilehome parks; and commercial or industrial establishments, including additions, alterations and redevelopment thereof:._ - C. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code] -------------------------------- ____________ D. Review and Evaluation. The Director shall review and evaluate development plans and other required information submitted in accordance with the following guidelines: 1. Scope. The Director shall review and evaluate the development for conformance to city adopted design guidelines standards, policies and practices, and with the development plan review standards and criteria set forth in this section. 2. Modifications Required for Approval of the Development Plan. The Director may specify modifications, changes, and additions to the development plan in the January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 24 0 Comment [FF110]: This section hasbeen modified and relocated into Section 17.06.230 (Time Limits and Extensions). Comment [FF1111: This section has been modified and relocated into Section 17 24.100 (m) (Project Notice and Required Actions) and Section 17 25.130 m) (Project Notice and Required Actions). Comment EFF1121: This section has been modified and relocated into Section 17.06.240 (Resubmission of Application). Comment [FF313]: This section has been modified and relocated into Section 17.^4 100 (B) (Applicability) and Section 17.25.130 (B) (Applicability). Comment IFF1141: This section bas been modified and relocated into Section 17.23.120 (A) (Propose). Comment [FF1151: This section has been modified and relocated into Section 1723.120 (B) (Applicability). Comment [FF116]: This section has been modified and talocated into section 17.23.120 (C) (Application Filing. Fees and Pmject Review). • • L recommendation or requirements for its approval. Recommendations may be required by the Director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental assessment or modifications, or to meet the purposes of this section. 3. Improvements Required for Approval of the Development Plan. The Director shall ensure that all development plans provide for on- and off-site improvements required to implement the purposes of the development code, the General Plan, adopted design guidelines and all policies of the City Council£_ comment IFF3371: This seedon has been - - - - - - - - - - - - modified and relocated into Section 17.23.050 (Decision),!E. Conditions. Development reviews maybe approved or modified with conditions subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the development code, General Plan, adopted design guidelines, Planning Commission and City Council policies shall be achieved. Such conditions shall be imposed and enforced as follows: 1. Security May Be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance. 2. Provision of Required Improvements. Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time or events specified in the development review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement street lights, street trees, and off-site improvements as deemed necessary by the City of Santa Clarita. 3. Violation of Condition. Whenever a development review is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the development review approval in violation of or without observance of any such conditions shall constitute a violation of the development code and said development review approval may be revoked or modified as provided in Section 17.01.1401- - comment IFF1181: This swtem has been - - - - - - - - - - - - - - - - -- " modified and relocated into Section 17.21. 2f (E) (Conditions of Approva). IF. 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.m Ord. Coment IFF31a11 This Whim has been (- - - -' - modified and relocated into Section 17.06.170 05-1 §2, 1/25/05) (Effective Dale of Decision). 17.03.070 Lot Line Adjustments. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 25 A. Applicability. The provisions of this chapter shall be applicable to the modification of a lot line or lot lines between four (4) or fewer contiguous existing parcels where the land taken from one parcel is added to an adjacent parcel or parcels and where a greater number of parcels than originally existed are not thereby created. In the case of a modification of the lot lines that affect more than four (4) parcels under common ownership within a subdivision even if submitted as separate lot line adjustments, a parcel map or tract map will be required, unless specifically allowed under conditions of approval approved by the Planning Commission and/or City Council ',B. Application of a Request for Lot Line Adjustment. Applications and fees shall be submitted pursuant to Section 17.01.090 of this codef _ _ _ I,C. Referral. Upon receipt of the complete application, copies thereof shall be referred to other appropriate City departments and other public or semi-public agencies affected, together with a written request for a written recommendation and any conditions to conform to the existing zoning and building ordinances or to facilitate the relocation of existing utilities, infrastructure or easements which should be imposed on the approval of the application. The referral from the Development Services Division shall state that any recommendations, comments or suggested conditions must be returned to the Development Services Division within a reasonable timeframe. _ D. Compliance with the State of California Subdivision Map Act. Prior to submittal of the request for lot line adjustment, a recorded "Unconditional Certificate of Compliance" shall be required for each existing parcel not complying with the provisions of the Subdivision Map Act, as determined by the City Engineer, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E. Standards for Approval of a Request for Lot Line Adjustment. The Director of Community Development shall approve or conditionally approve an application of a request for lot line adjustment without notice or hearing upon a finding that the properties involved meet the following criteria: 1. The existing parcels are contiguous. 2. The existing parcels comply with the provisions of the Subdivision Map Act, as determined by the City Engineer. 3. A greater number of parcels than originally existed will not be created. 4. The adjusted parcels will comply with the goals and policies of the General Plan, provisions of the unified development code and zoning, and any other applicable statutes or regulations. Pre-existing, nonconforming lots or parcels may be merged into a single nonconforming parcel at the discretion of the Director of Community Development. January 2013 1 DRAFP Chapter 17.03 — Permits and Applications Page 26 Comment EFF1201: This section has been modi5ed and relocntedmu, Section 17.23.160 (a) (Applicability). Comment [FF121]: This Section has been modified and relocated into Sation 17 ?3.160 (C) (Application Filing, Fees and Project Review). Comment [FF122]: This section hasbeen modified and relocated imo Section V.06.170 (Effective Dale or Decision). • Comment [FF123]: This sation has been modified and relocated uao Section I] 21.160 iC) (Application Filing, Fos and Project Review). 9 0 • CJ 5. The adjusted configuration of the parcels will be in accord with the established neighborhood lot design patterns and will not violate good planning practices. 6. There will be no impairment of any existing access or creation of a need for any new access to any adjacent parcels. 7. There will be no impairment to any existing easements or creation of a need for any new easements serving any adjacent parcels. 8. There will be no need to require substantial alteration to any existing improvements or create the need for any new improvements, 9. There is no adjustment of the boundary between existing parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements. 10. Parcels to be created by the lot line adjustment or merger which contain an average cross slope often (10) percent or greater maybe required to obtain a hillside review permit, pursuant to Chapter 17_80 of this code, prior to or concurrently with the lot line adjustmentf_ F. Review. The City shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or tract map shall be required as a condition to the approval of a lot line adjustment, G. Final Action. The decision of the approving authority is final and effective within fifteen (15) calendar days unless an appeal is filed, in writing, in accordance with Section 17.01.110!, H. Expiration. An approved or conditionally approved request for lot line adjustment shall expire within two (2) years of the date of approval if not effectuated as described in this section:, II. Recording Lot Line Adjustments. 1. Issuance of Certificate of Compliance. The approval of the request for lot line adjustment by the Director of Community Development, the City Engineer, the Planning Commission or the City Council shall be effectuated by the issuance by the City Engineer of a certificate of compliance for lot line adjustment. The property description or descriptions on the certificate shall describe the reconfigured parcel or parcels which will be recognized by the City as legal lots. The certificate shall be void and of no further force in January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 27 Comment [FF124]: This section has been modified and relocated into Section 17._'3.160 (E) (Stm,1mds of Approvaq. Comment [FF125]: This action has been modified and relocated into Section 17.23.160 (C) (Application Filing, Fees and Project Review). Comment [FF3261: This section has been modified and relocated into Section 17.06. 170 (Effective Date TDecision). Comment (FF1271: This section has been modified and r 1.wd into Section 17.06.270 (Time Limits and Extensions). 0 effect unless it is recorded as hereinafter provided within two (2) years of the date of the decision to approve the request for lot line adjustment. 2. Grant Deed Requirements. Section 66412(d) of the California Subdivision Map Act states: "The lot line adjustment shall be reflected in a deed, which shall be recorded." A certificate of compliance for lot line adjustment does not become effective, nor will it be reflected on assessors parcel maps, until the required grant deeds have been recorded. Each grant deed shall include a legal description which accurately reflects the legal description and references the recording information for the certificate of compliance for lot line adjustment. All deeds exchanging property between the affected parcels or consolidating the affected parcels accompanied by reconveyances or partial reconveyances or other releases of deeds of trust or similar encumbrances on the subject property or amended deeds of trust or similar encumbrances describing the reconfigured parcels shall be submitted to the City Engineer for review; provided, however, the City Engineer may cause such recordation through an escrow if such has been opened by the applicant. The applicant, or his/her authorized representative, shall be notified of any corrections requested by the City, and any corrected or new documents shall be promptly submitted to the City Engineer. 3. Recordation of Certificate of Compliance for Lot Line Adjustment. The recordation as hereinabove provided of the certificate of compliance for lot line adjustment shall precede the recordation of the required deeds exchanging property between the affected parcels or consolidating the affected parcels. At the direction of the City Engineer, the applicant or his/her authorized representative shall ascertain the recording fee from the County Recorder and insert into the appropriate blank spaces on the certificate of compliance for lot line adjustment. The City Engineer shall cause, or may instruct the applicant or his/her authorized representative to cause, the certificate of compliance for lot line adjustment to be recorded in the office of the County Recorder for Los Angeles County, California. 4. Recordation of Deeds and Other Documents. At the direction of the City Engineer, the applicant or his/her authorized representative shall ascertain the recording fee from the County Recorder and insert into the appropriate blank spaces on the grant deed; which shall then be signed by the owner(s) and notarized. The City Engineer shall cause, or may instruct the applicant or his/her authorized representative to cause, the grantdeed to be recorded in the office of the County Recorder for Los Angeles County, California, subsequent to recordation of the certificate of compliance for lot line adjustment. The certificate of compliance for lot line adjustment recording information shall be inserted into the appropriate blank spaces on the grant deed. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 28 E 5. Payment of Recording Fees. The fees for the recording of all documents as established by the Office of the County Recorder of Los Angeles County shall be remitted by the applicant to the City prior to the time of recordation of such documents Including the certificate of compliance for lot line adjustment. Such remittance shall be made payable to the City of Santa Clarita in the amount required to have all deeds and other documents, including the certificate, recorded (0rd_00-3, 2/8/00, Ord. 95A§2, 1/25/05;, Ord. 05-19 § 2, 12/13/05; Ord. 07-1 § 2, 1/23/07) 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 ticensesa 1. Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five (5) calendar days of operation in any calendar year. Requests exceeding these fime limitations shall be considered at the discretion of the Director. A request which exceeds the time limitation requires the submittal of a conditional use permit, except in the Case of temporary residences during construction, which requires the submittal of a minor use permit. Approval of such use permit shall be at the discretion of the Director of Community Development; 2. Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales shall be reviewed per Sections 17.13.06 (3) and 17.15.030(B). 3. Subdivision sales offices and model home complexes located within the subdivision, subject to the following minimum requirements: a. Offices shall be no closer than one vacant lot to an existing dwelling unit not part of the subdivision, trailers may be used for no more than ninety (90) calendar days or until such time as the subdivision sales offices have been completed whichever is less; b. An A.C. paved parking lot with surrounding landscaping shall provide sufficient parking spaces to accommodate said use; c. Offices shall be allowed for a maximum of two (2) years or unfit ninety (90) percent of the homes within the subdivision are sold, whichever is less; January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 29 0 Comment [FF129]: This section has been modified and relocated into Sa9ian 16.41.010 (Recording of Lot Line Adjustments). Comment [FF129]: This section has been modified and rebcetod into Section 17.2311; (a) (Applicability) and SeUion 17.67.0?0 (Applicability) Comment [FF130]: This section has been modified and relocated into Seaton 17.67.070 (Regulations). Comment [FF131]: This section has been expanded and relocated into Section 17.62030 (Regulatlonsl. d. Faithful performance bonding in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities shall be required; and e. Other conditions that the Director of Community Development deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood 1 _ _ 4. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than eight (8) calendar days of display in any calendar year. Such displays are permitted in residential yards without Director approval. 5. Outdoor art and craft shows and exhibits, subject to not more than three (3) calendar days of operation or exhibition in any sixty (60) calendar day period. 6. Contractors' offices and storage yards on the site of an active construction project. 7. Mobilehome residences for security purposes on the site of an active construction project. 8. Outdoor display and sales located within commercially zoned properties not to exceed more than five (5) calendar days in any sixty (60) calendar days and subject to appropriate conditions of the Community Development Department. 9. Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods of less than ninety (90) days. Comment FFF1321: This section has been modified and relocated into Section 17.67.030 (Regulations). 0 10. Temporary use of properly designed mobile trailer units for classrooms, offices, bands, etc., for periods not to exceed ninety (90) days subject to Community Development Department approval. Requests for such uses of more than ninety (90) days in duration shall require the approval of a minor use permit by the Director of Community Development._ - -' Comment [FF133]: This section has been ------- --------- ----------- modified and relocated into Section 17.67.030 (Regulations). 11. For any agricultural or animal husbandry activity or project (4-H, FFA, or similar) conducted for educational purposes or school credits, a permit may be granted when the Community Development Director determines that such use will not cause a public nuisance.Comment [FF134]: This section bas bem and - - - - _ - - - _ " - _ - - - - - - - - relocated into Chapter 17.63 (Animal Keeping). 12. Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses within the C and/or I zones or other public or semi-public property on a temporary basis when written permission Is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 30 Comment [FF135]: This section has been modified and relocated into Section 17.67.030 (Regulations). I* 0 13. Garage and yard sales shall not require a temporary use permit, but shall be subject to the following: a. All materials or goods sold must be the personal property of one of the persons conducting the sale; b. They shall be conducted only on residential premises occupied by one of the persons conducting the sale; c. No more than three (3) garage or yard sales shall be permitted atone residential location in any calendar year. Each garage or yard sale shall not exceed three (3) consecutive days; d. Such sales shall not be conducted before eight a.m. or after six p.m.; and e. Garage and yard sale signage shall be subject to the provisions of Chapter 17_19 of this development code. 14. The temporary, seasonal use of portable, metal storage containers shall be permitted for a period of time not to exceed ninety (90) days. Requests for such uses of more than • ninety (90) days in duration shall require the approval of a minor use permit by the Director of Community Developmentf 15. Other temporary uses as determined by the Director that do not exceed one year in duration and do not require the construction of any permanent structures] _ 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 are 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 January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 31 Comment [FF336]: This soli,% has been relocated into Section 17.67.030 (Regulations). Comment [FF337]: This section has been relocated into Section 17.23200(E)(Regulations). d. That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding propertiesf :B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development codef 'C. 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 Sections 17.01.110 for Director's action and 17.01.120 for Planning Commission action D. Conditions. 1. The Community Development Director shall indicate the permitted hours of operation and any other conditions, such as walls or fences and lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare. 2. Prior to the issuance of a permit for a temporary use, except those listed under subsections (A)(1), (3), (6), (7), (11) and (12) of this section, a cash deposit may be required to be deposited with the City. This cash deposit shall be used to defray the costs of clean-up of the property by the City in the event the permittee fails to do so] _ ----- E. ____ 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 (1) 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, 0 Comment [FF339]: This section has been modified and relocated into Section 17.67.030 (Regulations). Comment [FF139]: This section has been modified and relocated into Section 17.23200 (C) (Project Application, Fees and Project Review). - - Comment [FF340]: This section has been modified and relocated into Section 17.06.170 (Effective Date of Decision). 'I Comment [FF141]: This section has been tmodified, expanded and relocated into Secfion 17.23.'-00(F)(Conditions of Approvan. — or the TUP may be revoked in accordance with the provisions of this code,- - Comment EFF1421: Tris seceon has been modified and relocated into Sermon 17.?3.200 (G) (Extension or Modification of Limitations). F. Condition of Site Following Temporary Usage. Each site occupied by a temporary use shall be left free of litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter by used only in accordance with this coda. (Ord_00-3, 011100. Ord._ - - Comment [FF143]: This section Tact been modified, expanded and relocated into Section 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05; Ord. 07-1 § 2, 1/23/07; Ord. 08-13 § 2, 8/26/08) 1227 200 (F) (Conditions thAppmva). 17.03.090 Home Occupation Permits. A. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code; --- ---------------------------- ------------- January ------. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 32 Comment [FF144]: This section has been modified and relocated into Section 17.23. 140 (C) (Application Filing, Pees and Project Review). 0 r� u !B. Applicability. The following Is a list of uses subject to the approval of a home occupation permit in residential zones within the Cityj Comment [FF145]: This section has been - - _ - modified and relocated into Section 17.'_3.140 (6) (Applicability) and Section 17.65.0''-0 .1. Telecommuting. (Applicability). 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 other similar activities with no more than one (1) 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{ Comment [FF146]: This section has been - modified and relocated into Section 17.65.040 (Applicability). 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 I - - Comment [FF147]: This section has been _ _ _ _ _ _ _ . modified and relocated into Section 17.65.030 (Prohibited Uses). Conditions. Home occupations shall be subject to the following conditions: 1. There shall be no exterior storage of materials in the conduct of a home occupation. 2. A home occupation shall be conducted entirely within a dwelling. Materials and goods incidental to the home occupation shall not be stored, and no permanent work area, work bench or structure shall be built, within either required ten (10) foot by twenty (20) foot garage parking area. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 33 0 3. No exterior alterations of the dwellings shall be made which would change the residential character of the home to accommodate the home occupation. 4. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations In line voltage outside the dwelling unit shall be prohibited. 5. Only the residents of the dwelling unit maybe engaged in the home occupation. 6. There shall be no sale of goods on the premises. 7. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved. 8. No signs shall be permitted for home-based businesses. 9. The required residential off-street parking shall be maintained. 10. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. 11. No vehicles or trailers (including pick-up trucks and vans) or construction or other equipment, except those normally incidental to residential use, shall be kept on the site. 12. Vehicle or engine repair shall not be permitted as a home occupation. 13. Visitation and deliveries incidental to the home occupation shall be limited to the hours of seven a.m. to seven p.m. Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays. 14. Businesses that incorporate food preparation, firearm sales and alcohol sales are not permitted in residential zones and are not permitted by home occupation permits. 15. The home-based business shall cease, and the home occupation permit shall become null and void, when the use becomes detrimental to the public health, safety and welfare, or constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or regulation. 16. Addifional conditions may be applied as deemed necessary by the Director of CommunityloOrd.00-3,2/8/00; Ord. 025, 4/23/02; Ord._ 05.1 2,1/25/05; W=HMmment IFF1481: This =HM ba. Devepment J i — - - - - - - -' - - § - - - - - - - - modified and relocated into Section 17.65.040 Ord. 05-19 § 2, 12/13/05; Ord. 08-13 § 2, 8/26/08) (Regulations). 17.03.100 Grading Permits. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 34 0 0 0 • • A. Purpose. In order to implement the Santa Clarita General Plan, protect significant ridgelines, promote sensitive hillside development, and ensure appropriate and reasonable grading in accordance with sound engineering and design standards, the City of Santa Clarita hereby establishes grading plans and permits. The purpose of this section is to supplement the grading provisions of the Uniform Building Code; _ _ _ _ _ _ _ B. Applicability. A grading permit shall be obtained for any grading performed within the City of Santa Cladta, unless the type/quantity of grading is included in the exceptions identified in Section 17.21.010. C. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. In addition, when required by the Building Official and/or the City Engineer, a property owner or authorized agent of the property owner shall submit a grading plan. The requirement for submittal of a grading plan may be waived by the Building Official for work determined by the Building Official to be of minor and uncomplicated in nature. Accompanying each application for a grading permit and when required by the Building Official, City Engineer or Director of Community Development for enforcement of any provisions of this development code, three (3) sets of plans and specifications shall be submitted. The plans shall be prepared in accordance with Division 3 of this btlef D. Permit Authorization. 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 plans and specifications approved by the City Engineer and the work shall be done in accordance with any conditions imposed by the City Engineer and in accordance with the requirements of this section; IE. Other Permits May Be Required. Permits issued pursuant to this section shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other provision of this code or by any other person, body, or agencyj. _ _ -------- F. Minor Use Permit. No grading permit shall be issued when borrow or waste material is to be Comment [FF149]: This section has been modified and relocated into Section 17.80.020 (Grading Permit Administrationl. Comment [FF150]: This section has been modified and relocated into Section 17.80.020 (Grading Permit Administration). Comment [FF151]: This section hasbeen modified, expanded and relocated into Section 17.83.010 (Grading Al iication and Pernit Requirements). Comment [FF152]: This so tion haste be modified and relocated into Section 17.80 .020 (Grading Permit Administration). Comment [FF153]: This section has been modified and relocated into Section 1780.020 (Grading Permit Administration). removed from a grading site unless a minor use permit, in accordance with this development code, has been issued for the operation of a borrow pit on the grading site, a legally pre-existing legal borrow pit is being operated on the grading site, or the grading comes within one of the exceptions listed in Division 3 of this titles- - - .. -- Comment [FF154]: This section has been - - - - - _ - - - removed from the Code. G. Right of Entry—Indemnification. Asa condition of issuance of any grading permit, the owner of the site to be graded and the contractor, if any, shall grant to the City a right of entry on the site for the purposes of inspection and for purposes of correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the contractor shall agree to indemnify the City for any claims or damages which may result from the City's entry onto the January 2013 1 DRAFT Chapter 17.03 – Permits and Applications Page 35 property including any corrective action taken pursuant to such right of entry. The right of entry and indemnification agreement shall be on a form approved by the City Attorney]_ _ IH. Liability. 1. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this development code or with any conditions imposed by any City official under this section, shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the City for damage to persons or property. 2. The City Engineer or any employee charged with the enforcement of this section, acting in good faith and without malice for the City in the discharge of their duties, shall not thereby render themselves liable personally and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of their duties. Any suit brought against the City Engineer or employee, because of such act or omission performed by them in the enforcement of any provisions of this section, shall be defended by the legal department of the City until final termination of the proceedings, SII. Responsibility of Permittee—Protection of Adjacent Property. Notwithstanding the minimum standards set forth in this development code, the permittee is responsible for the prevention of damage to adjacent property and no person shall excavate on land so close to the property lines as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking or other damage which might result! J. Responsibility of Permittee—Protection of Utilities. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipments K. Responsibility of Permittee—Contents of Permit. It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the grading permit and as outlined in applicable sections of this code, and as contained on the approved grading plans and in the approved geotechnical report(s). The perrnittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the permit and grading plans bearing the approval of the City Engineer] _ _ _ _ _ _ _ _ _ _ _ _ _ _ L. Temporary Suspension of Permit. The City Engineer shall have the authority to temporarily suspend all work on a grading project and suspend the permit if the City Engineer determines any one of the following: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 36 0 Comment [FF3551: This section has been modified and relocated into Section 17.80.020 (Grading Permit Administration). Comment [FF156]: This section has been modified and relocated into Section 17.80.020 (Grading Permit Admin(snacian). • Comment CFF1371: This section has been mdifoxi and relocated into Section 17,80.030 (Responsibility of Permittee). Comment [FF158]: This swfion has been modified and relocated into Smion 17.80.030 (Responsibility of Permittee). Comment [FF159]: This section has been modified and relocated into Swion 17.80.030 (Responsibility of Permittee). • 0 1. That field conditions present an immediate hazard or danger to life or property; 2. The permittee fails to or refuses to correct a deficiency or hazard; 3. The work being done is contrary to the approved plans or conditions thereof; 4. There is lack of supervision of the grading operation, lack of engineering control, soil engineering control is not being adequately provided; 5. Any condition which in the City Engineers opinion, presents a threat to the public safety or welfare immediately, or in the future which may rause unstable earth until the hazard or condition is removed to the satisfaction of the City Engineer; or 6. There is a violation of the Santa Clarita Municipal Code. Revocation of the grading permit shall follow the procedures set forth in Section 17.01.140.- - Comment [FF16o]: This mcdon has near - - - modified and relocakd into Seaion 13.80.0'_'0 (Grading Permi[ Administration{. M. Time of Grading Operations. Grading and equipment operations within three hundred (300) feet of a structure for human occupancy shall not be conducted between the hours of seven a.m. and seven p.m. on weekdays and eight a.m. to six p.m. on Saturday. Further, no work shall be performed on the following public holidays: New Year's Day, Independence Day, Thanksgiving Day, Christmas Day, Memorial Day and Labor Day. The City Engineer may, however, permit grading or equipment operations before seven a.m. or after seven p.m. on weekdays, Saturday, Sunday and holidays, if it is determined that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operations may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. (Ord._ 00-3, 2/8/00; Ord. 02-5, 4/23/02; Ord. 05-1 § 2, comment [FF161]: Tnissw[ioa has bean - - _ modified and mlocated inm Section 17.80.0'_0 1/25/05; Ord. 05-19 § 2, 12/13/05) (Grading Permit Admininmtion). 17.03.110 Administrative Permit. A. Purpose. The provisions of this section shall be for the construction of permitted structures and uses and the initiation of permitted uses. Through administrative permit review, the Director shall ensure that the proposal complies with all of the provisions of the development code and the General Plan I -' cam [FF163]: Th is action has been _ _ _ _ _ ____- _____________________________ _____ __ ____ d, expanded and relocated imo Section 17 ^_3.100 (A) (Pwpose). B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, administrative permit approval shall be required prior to the issuance of any building permit for: 1. Second unit dwellings; 2. Activities or construction of improvements which are permitted pursuant to Chapter Comment [FF163]: This whim has baen modified, arpanded arM relocated into Section 17_13 of this development codel ........... _ _ _ _ _ _ _ _ _ _ r713.100 (el (AppliubiIny). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 37 C J 0 C. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development codef comment [FF164]: This station has been - - - - - - - - - - - - - - - - - - - - modified and relocated into Section 17 23.1%(C) (Application Filing, Fees and Project Review). D. Review and Evaluation. The Director shall review and evaluate development plans and other required information submitted in accordance with the following guidelines 1. Scope. The Director shall review and evaluate the development for conformance to City adopted standards, policies and practices, and with the development plan review standards and criteria set forth in this section)_ _ - _ en comment [FF165]: This section lots le - _ - - - modified, expanded and relocated into Section 17 23.050 (Decision). 2. Improvements Required for Approval of the Development Plan. The Director shall ensure that all development plans provide for on- and off-site improvements required to implement the purposes of the development code, the General Plan and all policies of the City Council. 3. Provision of Required Improvements. Whenever an administrative permit approval is granted that specifies improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time or events specified in the administrative permit approval. Improvements may include but not be limited to sewer and water service, curbs, gutters, landscape medians, sidewalks, street pavement, street lights, and street trees; - - comment EFF1661: This section has been - - - - - - - - - - - - - - - - - - - modified, expanded and relocated into Section 17.23. 100 (R) (Conditions of Approval). 4. Violation of Approval. Whenever an administrative permit is approved, use or enjoyment of the administrative permit approval in violation of or without observance of that approval shall constitute a violation of the development code and said administrative permit approval may be revoked or modified as provided in Section 17.01.14 01 . - comment [FF167]: This section has been - _ - _- - - - - - ' modified, expanded and relocated into Chapter 17.08 (Revoretions and Revisions). jE. Final Action. The action of the Director to approve or deny is finall(Ord. 03-1214, 9/23/03) _ _ - comment [FF16e]: This suction has xen modified, expanded and relocated into Section 17.03.120 Hillside Development Review. 17.23.050 (Decision). Hillside development review and ridgeline alteration permits shall be subject to the provisions of the Hillside Development Ordinance, Chapter 17_801, (Ord. 07.1_§ 2, 1/23/07) _ _ _ _ comment [FF169]: This section has been _ _ _ _ _ _ _ _ _ _ _ _ _ _ modified, expanded and relocated into section 17.23.130 (Hillside Development Review). 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) ----- _ _ . - comment [FF170]: This section has haen - _ ----- _ - - - - _ - - - - - ' - - _ - _ - modified and relocated into Section 77 26.130 (A) (Purpose). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 38 0 0 • 0 I8. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code' IG Hearings and Notification. Public hearings shall be set and notice given as prescribed in Section 17.01.1001 D. Approving Authority. The Planning Commission and the City Council shall each hold a public hearing fora 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;_ JE. 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 Comment [FF171]: This section has been modified, expanded and relocated into Section 17.46.130 (C) (Application Filing, Fees and Project Review). Comment [FF172]: This section has been modified, expanded and relocated into Section 17.46.130 (D) (Project Notice and Required Actio ). Comment EFF1731: This section has been modified, expanded and relocated into Section 17.26.130 (E) (Commission and Council Action). orderly development and improvement of surrounding property, nor encourage inappropriate encroachments to the ridgeline area; _ , , - Comment [FF174]: This section has heen 9 ' - - - - - - - - - - - - - modified, expanded and relocated into Section 17.?6.130 (F) (Findings). 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; - Wmmerrc [FFvs]: This finding has peen removed Ne new Code: 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 I 17. 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 January 2013 I DRAFT Chapter 17.03 — Permits and Applications Page 39 Comment [FF1761: This section has been modified and relocated lido Section 11.26.130 (F) (Findings) that significantly exceeds the minimum standards identified in the City of Santa Clarita Hillside Development Guidelinesf _ , , - comment IF1177]: Theca finamgs nave nem ---___ - __'. _________ __ -- removed the new Cecil 19. The proposed use or development is designed to mimic the existing topography to the greatest extent possible through the use of landform contour1gradind. . - comment EFF1791: This section has been - - - _ - - - - - - - - - - - - modified and relocated into Section 17 26.130 (F) (Findings). 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'iwhola. _ 11. The proposed use or development does not alter natural landmarks and prominent natural features of the ridgelinest _ 112. The provisions and implementation of this section do not create an undue economic hardship or deny the minimal use of the lands _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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.,(Ord. 08-13 § 2, 8/26/08)_ 17.03.130 Architectural Review. A. Purpose. The provisions of this section shall be for the redesign, renovation or alteration of existing permitted structures. If a structure is to be rebuilt after being completely destroyed this shall be reviewed under development review. Through architectural review, the Director shall ensure that the proposal complies with all of the provisions of the development code and the general plan) _ _ _ B. Applicability. In order to safeguard and enhance the appearance and quality of Comment IFF179]: This finding has been remor ed the new Code. Comment [FF180]: This section has been modified and relocated into Section 17.26.130 (F) (Findings) Comment [FF181]: This finding has been removed the new Code. Comment [FF182]: This section has been modified, expanded and relocated into Section 17 26.070 (Post Decision Potentates). comment IFF1831: This section has been modified, expanded and relocated into Section I7.223.110(A)(Purpose). 0 development in the City, architectural review approval shall be required prior to the issuance of any building permit for additions, alterations and redevelopment of single-family, multifamily, commercial and industrial buildings at the discretion of the Director-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ comment [FF1B4]: This section has been modified, expanded and relocated into Section IZ21110 (B) (Applicability). C. Application. (Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code{ _ - - Comment [FF185]: This section has been ______________________________________________.._ modified, expanded and relocated into Section 17.23.110 (C) (Application Filing, Pees and Project ',D. Review and Evaluation. The Director shall review and evaluate construction plans and ao„ew). other required information submitted in accordance with the following guidelines: 1. Scope. The Director shall review and evaluate the development for conformance to City adopted design guidelines standards, policies and practices, and with the architectural review standards and criteria set forth in this section. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 40 0 171 E 2. Modifications Required for Approval of the Development Plan. The Director may specify modifications, changes, and additions to the development plan in the recommendation or requirements for its approval. Recommendations may be required by the Director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental assessment or modifications, or to meet the purposes of this section. 3. Improvements Required for Approval of the Development Plan. The Director shall ensure that all architectural plans provide for on- and off-site improvements required to implement the purposes of the development code, the General Plan, adopted design guidelines and all policies of the City Councill - comment IFF1e6]: This aeetion has been - - modified and relocated into Section 17.23.030 (Retia v Authority and Related procedures). E. Conditions. Architectural reviews maybe approved or modified with conditions subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the development code, general plan, adopted design guidelines, Planning Commission and City Council policies shall be achieved. Such conditions shall be imposed and enforced as follows: 1. Security May Be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance. 2. Provision of Required Improvements. Whenever an architectural review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City of Santa Clarita. 3. Violation of Condition. Whenever an architectural review application is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the architectural review approval in violation of or without observance of any such conditions shall constitute a violation of the development code and said architectural review approval may be revoked or modified as provided in Section 17.01.140.- Comment IFF187]: This sermon has been - - - - - - - - - - - - - modified, expanded and relocated into Smdon 17.23.110 (E) (Conditions of Appmvan. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 41 0 IF. 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.' (Ord. comment [FF1881: This section ha:been modified, expanded and relocated into Section 07-1 §2, 1/23/07) 17.23.060 (Post Decision Procedures). 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] _ _ comment [FF1891: This no. has been _ _ _ _ _ _ _ _ _ _ _ modified, expanded and relocated into Section 17,23.170(A)(Pur osel. B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development codei- - - Comment [FF190]: This sectio" has been - - - modified, expanded and relocated into Section 17.23.170 (C) (Application Filing, Fees snit Project C. Hearings and Notification. Public hearings shall beset and notice given as prescribed in Review). Section 17.01.100;- ,-' Comment[FF191]: Thissecfionhashcen - - - - _ - - - - - - - - - - - - - - - - - - - - - - modified, expanded and relocated into Section 17.23.170 (D) (Project Notice and Required D. Approving Authority. The Director may approve, deny or conditionally approve a request Ace°ns). 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 approval 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 decislon 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 codei - comment [FF1921: This section has been _- - - - - - - - - - _ - _ - - - - - - , modified, expanded and rel"aated into Section 17.23.170 (C) (APpliesdom Filing, Fees and Project E. Findings. The approving authority shall make one or more of the following findings before Review). 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. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 42 0 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 unreasonable detrimental to the community and surrounding area) (Ord. 08-13 § 2,_8/26/08)_ _________ 17.03.145 Historic Preservation Review. A. Purpose. The purpose of this section is to promote the economic and general welfare of the City of Santa Clarita by preserving and protecting public and private historic, cultural, and natural resources which are of special historic or aesthetic character or interest, or relocating • such resources where necessary for their preservation and for their use, education, and view by the general public. B. Definitions. As used in this section, this term has the following meaning: 1. "Historic Resource" shall mean structures or site features on properties listed on the National Register of Historic Places, the California Register of Historic Landmarks, the list of California Historical Landmarks, or the list of California Points of Historical Interest, or those structures designated under this ordinance. A listing of properties and structures designated under this ordinance shall be available with the Community Development Department. C. Self -Designation of Historic Resources (Opt -in Clause). The nomination of a historic resource shall be initiated by the owner of the property or structure that is proposed for designation. The owner of the property or structure shall provide the Director with written notice of the intent to be nominated. The Director shall schedule a public hearing before the Planning Commission within sixty days of the receipt of the letter as described in Section 17.01.100 at which the Planning Commission shall be asked to make the findings set forth in Section 17.03.145.D. Once a property or structure has received a designation, the owner of the property or structure may apply for removal of the designation and the City may remove the designation subject to the Planning Commission making the following findings by resolution: 1. There is sufficient evidence, including evidence provided by the applicant, that the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, and the costs of rehabilitation to meet the requirements of the building code or other City. State, or Federal law. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 43 Comment [FF1931: This section has been modified and relocated into Section 1933.170 (E) (Findings). The Planning Commission shall designate a date up to one year from the public hearing date as the date on which the designation shall be removed. The owner of the property shall reimburse the City for any financial incentives received during the entirety of the period in which their property was designated as a Historic Resource prior to the removal of the designation. D. Planning Commission Resolution Findings for Designating a Historic Resource. A building, structure, or object may be designated by the Planning Commission as a historic resource if it possesses sufficient character -defining features and integrity, and meets at least one of the following criteria: 1. Is associated with events that have made a significant contribution to the historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development of the City, State or Nation; or 2. Is associated with persons significant in the history of the City, State or Nation; or 3. Embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or 4. Has a unique location, singular physical characteristic(s), or is a landscape, view or vista representing an established and familiar visual feature of a neighborhood, community, or the City; or 5. Has yielded, or has the potential to yield, information important to the history or prehistory of the City, State, or nation. E. Permit Requirements for the Renovation or Alteration of a Historic Resource. The requirements of this section shall apply to the renovation or alteration of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any proposed renovation or alteration of a historic resource with the exception of those items listed in Section 17.03.145.H. The application, public hearing and approval process for the minor use permit shall be as described in Sections 17.01.100 and 17.03.040; provided further, however, that the City Council shall receive a copy of any application for such renovation or alteration at the time such application is deemed complete. There shall be no entitlement fee for the review of any proposed renovation and alteration to historic resources. F. Actions by the Director for the Renovation or Alteration of a Historic Resource. The Director has the discretion to approve, approve with modifications and/or conditions, refer the matter to the Planning Commission or deny the minor use permit for renovation or alteration to a historic resource. Notwithstanding the foregoing, the minor use permit shall instead be acted upon by the City Council if any member of the City Council so requests prior to any action being taken on the minor use permit application by the Director or Planning Commission. G. Findings by the Director for the Renovation or Alteration of a Historic Resource. The Director may approve a minor use permit, pursuant to this section, if it is determined that the following findings can be made with regard to the proposed project: 1. Findings for Renovation or Alteration of a Historic Resource: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 44 • 0 0 a. The proposed renovation or alteration will not adversely affect any significant historical, cultural, architectural, or aesthetic feature of the subject property or of the history of the neighborhood in which it is located; b. The proposed change is consistent with the architectural style of the building; c. The scale, massing, proportions, materials, colors, textures, fenestration, decorative features and details proposed are consistent with the period and/or compatible with adjacent structures. H. Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource. The Director may exempt a designated property from obtaining a minor use permit if the following actions will not affect the historic integrity of the historic resource: 1. Routine maintenance and minor repairs; 2. Exterior painting; 3. Replacing deteriorated roofing materials with the same type of material already in use; 4. Replacing damaged chimneys with the same type already in use; 5. Addition or removal of screens, awnings, canopies and similar incidental appurtenances; 6. Addition or removal of exterior walls and fences; 7. Addition or removal of exterior lighting; • 8. Addition or removal of landscaping; 9. Addition or removal of driveways and walkways; 10. Interior alterations, including the addition or removal of fixed or movable cases, shelving and partitions not exceeding eight feet in height; carpeting, hardwood or tile flooring, counters of countertops and similar finish work; 11. Temporary motion picture, television and theatre stage sets and scenery; 12. Relocation of a privately owned, historically designated structure from a property owned by the State of California or the County of Los Angeles to another site within the City of Santa Clarita. Permit Requirements for the Relocation or Demolition of a Historic Resource. The requirements of this section shall apply to the relocation or demolition of historic resources within the boundaries of the City of Santa Cents. A minor use permit is required for any relocation or demolition of a historic resource within the City of Santa Clarita. The application, fees, public hearing and approved process for the minor use permit shall be as described in Sections 17.01.100 and 17.03.040 with the exception that approval of the minor use permit shall be subject to both a public hearing before the Planning Commission at which the Planning Commission will recommend for or against the application, and a public hearing before the City Council at which the City Council will grant or deny the application. There shall be no entitlement fee for the relocation of any historic resource. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 45 0 J. Actions by the City Council for the Relocation or Demolition of a Historic Resource. The City Council of the City of Santa Clarita has the discretion to approve, approve with modifications and/or conditions, or deny the minor use permit for relocation or demolition of a historic resource. K. Findings by the City Council for the Relocation or Demolition of a Historic Resource. A property or structure that has been designated a historic resource shall be relocated with the approval of the City Council, after a recommendation from the Planning Commission, based on the City Council making one or more of the following findings: 1. That the owner of the property wishes to develop or redevelop their property in such a way that would otherwise require the demolition of the designated historic structure and that the designated structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation. 2. That the relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the General Plan, and the relocation of the structure will not have a significant effect on the achievement of the purposes of this Code or the potential effect is outweighed by the benefits of the new project and that the structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation. Upon making either finding, the City Council shall direct the property owner to relocate the designated historic structure to a site within the City of Santa Clarita and approved by the City Council. Such relocation may include the assistance of the developer, the City of Santa Clarita, the Santa Clarita Valley Historical Society, or other entity as appropriate. • Alternatively, upon completion of appropriate environmental review, if any, and upon making the determination that relocation is infeasible and there are no feasible alternatives to demolition, the City Council may direct the Building Official to issue the permit for demolition. L. Penalty for Demolition or Irreversible Alteration. If a historic resource is demolished without a minor use permit as required by this section, no building or construction -related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period not to exceed five (5) years. (Ord. 08-14 § 2, 9/9/08) M. Expiration and Extension. The expiration period and the extension process of a minor use permit will apply as described in Sections 17.01.160 and 17.03.040. N. 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 Directors action and Section 17.01.120 for Planning Commission action. O. State and County Owned Property. The Ordinance shall not apply to properties owned by the County of Los Angeles or the State of California. The owners of specific structures on properties owned by the County of Los Angeles or the State of California may nominate their structures, or otherwise have their structures nominated as historic resources. Any resulting designation will apply only to the structure, building or object and not the underlying property. P. Incentives. In addition to any other incentive of Federal or State law, the owner of a historic resource may apply for the following incentives, subject to the discretion of the Director: 1. Use of the California Historic Building Code. Whenever applicable, the Owner may elect to use the California Historic Building Code for alterations, restorations, new January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 46 0 0 • • construction, removal, relocation, or demolition of a historic resource, in any case which the building official determines that such use of the Code does not endanger the public health or safety, and such action is necessary for the continued preservation of the resource. Such use of the Historic Building Code is subject to construction work undertaken for resources pursuant to the Secretary of the Interior's Standards for the Treatment of Historic Properties, and that has already been reviewed and approved by the Director or Planning Commission in conjunction with a Minor Use Permit. 2. Mills Act Tax Relief. The Mills Act can provide relief to the property taxes associated with properties designated as historic resources. This paragraph will implement State law (Government Code 50280-50290), allowing the approval of Historic Property Contracts by establishing a uniform procedure for the owners of qualified historic properties within the City to enter into contracts with the City. 3. Waiver of Fees for Renovation and Alteration of Historic Resources. There shall be no entitlement fee for the renovation or alteration of historic resources. 4. Technical Assistance. The Community Development Department shall provide technical assistance to the owner of a historic resource regarding any proposed improvements that are not exempt under Section 17.03.145.H.; and/or 5. Streamlined Permitting. The Community Development Department shall provide the owner of a historic resource with priority entitlement review for proposed improvements that are not exempt under Section 17.03.145.H. 6. City of Santa Clarita Historic Structure Grant: When funds are available, owners of structures with a historic designation under this Ordinance may apply to receive grant assistance from the City. _ January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 47 Comment [FF194]: This seOno bas been reformatted and slightly modified to be in wnf mnam,a with the new Code format. Chapter 17.22 Class I Applications—Ministerial SECTIONS: 17.22.010 Purpose. 17.22.020 Applicability. 17.22.030 Application Filing, Fees, and Initial Review. 17.22.040 Decision. 17.22.050 Notice of Action. 17.22.060 Effective Date of Decision. 17.22.070 Post Decision Procedures. 17.22.080 Procedures for Revisions to a Site Plan. 17.22.010 Purpose. The Class I anDlication is a ministerial Drocess to verifv that a or000sed use or structure is allowed in the aoolicable zone, and complies with all of the applicable requirements and development standards. 17.22.020 Applicability, A. Underlying Zones. A Class I anplication is required to authorize uses identified by Division 17.40 (Use Classifications and Required Parking) as being Permitted in the applicable underlying zone, subject to the approval of a Class I application. B. Site Plan as Part of Application. Where a site plan is required in an application for a Class 11, III, TV, V or VI application, the site plan shall be considered a Dart of the application and shall not require separate Class I approval in compliance with this chapter. C. Additional Reauireme ts. The Director may reouire a site plan for an development of land, structure, use, or modification of standards that involves the approval of the Director and supplemental information or material as may be necessary, including revised or corrected covies of any site plan or other document previously submitted. 17.22.030 Application Filing, Fees, and Initial Review. Applications for a Class I application shall be in compliance with Sections 17.06.040 Multiple Applications). 17.06.060 (Application Filing and Withdrawal). 17.06.070 (Fees and Deposits). and 17.06.080 (Initial Application Review). 17.22.040 Decision. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 48 • 0 0 The Director shall approve, approve with modifications, refer the request to the Commission, or deny the proposed use, development, or modification as requested in the 17.22.050 Notice of Action. A. Notification Reauiremetts. The Director shall notifv the applicant of the action taken on the application by first class mail, or other means deemed appropriate by the Director. Such notification may also be hand delivered to the applicant. If the project only requires an approval of the Site Plan, a stamp, either physical or electronic, shall constitute a notification. B. Time Limit for Decision. If the Director takes no action on a Class I application within 90 days from the date of filing, it shall constitute a denial of such plication and the Director shall send a notice to the applicant of such action. C. Scone ofApprovals. Only legally established uses and development, authorized by an approved permit from the Department, may be used on a property per Section 17.06.180 (Scope of Approvals). 17.22.060 Effective Date of Decision. A. The decision of the Director on a Class I application is effective the date the site plan or letter is stamped or signed. B. Appeals shall be filed pursuant to Chapter 17.07 (Appeals or Certification of Review). 17.22.070 Post -Decision Procedures. Class I application post -decision procedures shall be in compliance with Sections 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants). and 17.06.230 (Time Limits and Extensions). 17.22.080 Procedures for Revisions to a Site Plan. Procedures for application filing, review, decision. notice of action, post -decision procedures and time limits for revisions to a site plan shall be the same as for the original site plan approved. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 49 • n u Chapter 17.23 Class II Applications—Discretionary SECTIONS: 17.23.010 Purpose. 17.23.020 Applicability. 17.23.030 Review Authority and Related Procedures. 17.23.040 Application Filing, Fees, and Initial Review. 17.23.050 Decision. 17.23.060 Post -Decision Procedures. 17.23.100 Administrative Permit. 17.23.110 Architectural Design Review. 17.23.120 Development Review. 17.23.130 Hillside Development Review. 17.23.140 Home Occupation Permit. 17.23.150 Landscape Plan Review. 17.23.160 Lot Line Adjustment. 17.23.170 Oak Tree Permit. 17.23.180 Requests for Reasonable Accommodations. 17.23.190 Sign Review. 17.23.200 Temporary Use Permit. 17.23.010 Purpose. • The Class II application is a discretionary process for reviewing uses that may be appropriate in the applicable underlvine zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class II applications do not require noticing nor a public hearing unless otherwise stated. 17.23.020 Applicability, A. Underlyine Zones. A Class II application is required to authorize uses identified in Division 17.40 (Use Classifications and Required Parking) as being permitted with a Class II application in the applicable underlying zone. B. Other Specific Uses. A Class 11 application may lso be required for use types having unusual site develooment features or operating characteristics requiring special consideration so that they may be designed, located, and operated comyatibly with uses on adiacent properties and in the surrounding area. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 50 I 1 J 11 11 17.23.030 Review Authority and Related Procedures. A. Decision. A Class 11 application shall be aooroved or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class 11 application established in this Code. B. Referral, The Review Authority may refer a Class 11 application to the next higher Review Authority for consideration and decision. 17.23.040 Application Filing, Fees. and Initial Review. 17.23.050 Decision. The Director shall either approve, approve with conditions, approve with modifications, refer the request to the Planning Commission, or deny the application for a proposed use, modification, or development based on the following: A. That the use, development of land, or application of development standards is in compliance with all applicable provisions of this Code: protection of public health, safety, and general welfare, prevent adverse effects on neighboring_ property and is in conformity with good zoning practice: and, C. That the use will be consistent with the General Plan. 17.23.060 Post -Decision Procedures. Property Before Final Action), 17.06.210 (Approvals Run with the Land), 17.06 220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), and 17.06.240 (Resubmission of Application). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 51 17.23.100 Administrative Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Proiect Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the construction of permitted structures and uses and the initiation of permitted uses as required by the Director. Through an administrative permit, the Director shall ensure that the project complies with all of the provisions of the Code and the eng eral plan, and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of an administrative Permit. the discretion of the Director. An administrative permit shall be filed as a Class II application, subiect to Chapter 17.23 (Class 11 Apolications — Discretionary). D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings er Section 17.06.130 (Findings and Decision). E. Conditions of Approval In approving a Class II permit anolication for an administrative permit, the Review Authority may impose such conditions as deemed necessary to ensure that the administrative permit will be in accordance with the findings required by Section 17.23.100 (D) (Findings), above, subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Code, general plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 52 0 • 0 0 1. In order to ensure the performance of conditions imposed concurrent with the granting or modification of an administrative permit, the applicant may be required to fumish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the administrative permit. Such security shall he fumished as required by this Code: 2 Whenever an administrative permit approval is granted or modified subiect to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the administrative permit. improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City. 3. Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surrounding developments and use and to preserve the public health, safety, or welfare. • January 20131 DRAFT Chapter 17.03 — Permits and Applications Page 53 0 17.23.1 l0 Architectural Design Review. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing. Fees. and Proiect Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and reouirements for the redesign. renovation, or alteration of existing permitted structures as reouired by the Director. Through architectural design review, the Director shall ensure that the review. B. Applicability. In order to safeguard and enhance the appearance and quality of and/or parking facilities at the discretion of the Director. An architectural design review shall be filed as a Class II application, subject to Chapter 17.23 (Class II Applications — Discretionary). C. Application Filing. Fees. and Proiect Review. Applications for an architectural design review shall be in compliance with Chapter 17.23 (Class II Applications — Discretionarv). D. Findings. The Review Authority shall approve an application only after the anplicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditions of Approval. In approving a Class II permit application for a architectural design review. the Review Authority may impose such conditions as deemed necessary to ensure that the architectural design review will be in accordance with the findings required by Section 17.23.110 (D) (Findings), above subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Code, general Wan, adopted design guidelines. Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 54 0 • 0 C' J • 0 1. In order to ensure the performance of conditions imposed concurrent with the prantina or modification of an architectural design review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the architectural design review. Such security shall be furnished as required by this Code; such improvements prior to the time of events specified in the architectural design review approval; 3. Whenever an architectural design review approval is granted or modified sJect to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the architectural design review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the City. 4. Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 55 17.23.120 Development Review. A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Propose. This section establishes procedures and requirements for the construction of permitted structures and the initiation ofpermitteduses. Through conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of a development review. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, development review approval shall be required prior to the issuance of any building permit for single-family subdivision developments, multiple -family developments, mobilehome parks, commercial, or industrial establishments, including additions, major alterations, and/or redevelopment thereof, at the discretion of the Director. A development review shall be filed as a Class II application, subiect to Chapter 17.23 (Class II Applications Discretionary). C. C. Application Filing. Fees. and Proiect Renew. Applications for a development review shall be in compliance with Chapter 17.23 (Class II Applications Discretionary). D. D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditions of Approval in approving a Class Il permit application for a development review. the Review Authority may impose such conditions as deemed necessary to ensure that the development review will be in accordance advisable under the circumstances, so that the obiectives of the Code, general plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 56 0 • 0 0 0 0 In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development review Such securitv shall be furnished as required by this Code: Whenever a development review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time of events specified in the development review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement, street lights, street trees, and off-site improvements as deemed necessary by the Citv: 1. Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surroundingdevelopments and uses and to preserve the public health, safety, or welfare: and 4. Whenever a development review application is approved or modified b the approving authority subiect to a condition or conditions, use or enioyment of the development review approval in violation of or without observance of any such conditions shall constitute a violation of the Code and project approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 57 0 17.23.130 Hillside Development Review. SUBSECTIONS: A. Purpose. B. Applicabilitv. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. A. Purpose. This section establishes procedures and requirements for development on hillside properties. It is the intent of this section to regulate the development and alteration of hillside areas, to minimize the adverse effects of hillside development B. Applicability. The provisions of this section shall be applied to parcels of land having average cross slopes of ten (10) percent or more as determined to be applicable by the Director, shall be subject to the issuance of a permit for hillside development review. C. Application Filing. Fees. and Proiect Review. Applications for a hillside development review shall be in compliance with Chapter 17.23 (Class I1 • Applications - Discretionary) and 17.25 (Class IV Applications - Discretionary) as determined below: a. Development activities on natural slopes which are greater than ten (10) percent average but less than fifteen (15) percent average on all or part of the developable portions of the site; b. Grading excavations or fills or any combination thereof equal to or exceeding one hundred (100) cubic yards, but less than one thousand five hundred (1,500) cubic yards: or, C. Proiects that require minor grading or are limited in scone such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures may be approved by the Director through a grading hermit or building permit without hillside development review. Proiects which require grading of large, flat areas, such as tennis courts or riding rings may be reviewed by the Director when consistent with this Code. January 2013 1 DRAFT Chapter 17.03 - Permits and Applications Page 58 n i 0 • 0 Commission Review (Class IV Application) The Commission shall review hillside development review applications and shall impose conditions deemed appropriate when one or more of the following occurs: a. Development activities on natural slopes which are greater than fifteen (15) percent average on all or part of the developable portions of the site; b. Grading excavations or fills, or any combination thereof, exceeding one thousand five hundred (1,500) cubic vards; or, C. The proposed project includes a Class IV, V, VI or Vii application: D. Proiect Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type 11 Public Noticing (Public Hearing)). E. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following findings, where applicable: 1. That the natural topographic features and appearances are conserved by means of landform grading to blend any manufactured slopes or required drainage benches into the naturaltopographv; 2 That natural, topographic prominent features are retained to the maximum extent possible; 3. That clustered sites and buildings.are utilized where such techniques can be demonstrated to substantially reduce grading alterations of the terrain and to contribute to the preservation of trees, other natural vegetation and Prominent landmark features and are compatible with existing neighborhood: 4. That building setbacks, building heights and compatible structures and building forms that would serve to blend buildings and structures with the terrain are utilized; preservation of prominent trees and to the extent possible, while meeting the standards of the Fire Department.- January epartment January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 59 6. That street design and improvements that serve to minimize grading alterations and emulate the natural contours and character of the hillsides are utilized: 7. That grading designs that serve to avoid disruption to adjacentrrooperties are utilized: and 8. That site design and grading that provide the minimum disruption of view corridors and scenic vistas from and around any proposed develooment are utilized. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 60 11 • • n U F -I L 0 17.23.140 Home Occupation Permit, A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose, This section establishes procedures and requirements for the use of an existing residential unit to have a home occupation as an accessory use. Through a home occupation permit the Director shall ensure that the project complies with all of the provisions of the Code, the general plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon therg anting. of a home occupation permit. B. Applicabilitv. In order to safeguard of existin neighborhoods, the home occupation permit process will establish provisions for the use of an existing residential unit with an appropriate accessory home occupation subject to development standards in Chapter 17.65 (Home Occupations) A home occupation permit shall be filed as a Class 11 application, subject to Chapter 17.23 (Class II Applications — Discretionary). C. Application Filine. Fees, and Project Review. Applications for a home occupation eermit shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). D. Findinrs. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17 06 130 (Findinga and Decision). E. Conditions o(Approval. In approving a Class II permit application for a home occupation Permit, the Review Authority may impose such conditions as deemed necessary to ensure that the home occupation permit will be in accordance with the findings required by Section 17.23.140 (D) (Findings), above subiect to the Wan, adopted design guidelines. Commission and Council policies shall be achieved. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 61 17.23.150 Landscape Plan Review. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the installation of any new landscaping, and the redesign, renovation, or alteration of existing landscaping as required by the Director. Through landscape plan review. the Director shall ensure that the landscaping complies with all of the provisions of the Code and the general Plan and other applicable requirements. In order to achieve this, the Director is empowered to grant approval with conditions for uses in zones as Prescribed in this Code, and to impose reasonable conditions upon the granting of landscape titan reviews. B. Applicability. In order to safeguard and enhance the anoearance and quality of development in the City, landscape plan review approval shall be required prior to the issuance of any grading and/or building permit for additions, alterations, and redevelopment of single-family, multi -family. commercial, industrial buildings, and/or parking facilities at the discretion of the Director. A landscape plan review shall be filed as a Class If application, subject to Chanter 17.23 (Class II Applications — Discretionary). C. Application Filing. Fees. and Project Renew. APPlications for a landscape plan review shall be in compliance with Chapter 17.23 (Class II Applications — Discretionary). D. Findings. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Conditiom of Approval. In approving a Class B permit application for a landscape Plan review, the Review Authority may impose such conditions as deemed necessary to ensure that the landscape plan review will be in accordance with the findings required by Section 17.23.150 (D) (Finding), above subiect to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the obiectives of the Code, general plan, adopted design guidelines, Commission, and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 62 .I L 11 0 0 • 0 In order to ensure the performance of conditions imposed concurrent with the :ranting or modification of a landscape plan review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the landscape plan review. Such secures shall be furnished as required by this Code 2._ Whenever a landscape plan review approval is granted or modified. subiect to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant, and approved and accepted by the City, pursuant to local ordinance to make such improvements prior to the time of events specified in the landscalne plan review approval: 3. Whenever a landscape review olan application is approved or modified b the Approving Authority subiect to a condition or conditions, use, or enioyment of the landscape plan review approval in violation of, or without observance of any such conditions, shall constitute a violation of the Code and proiect approval may be revoked or modified as provided in Chapter 17.08 (Revocations and Revisions): and 4_ Such other conditions as the Review Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 63 17.23.160 Lot Line Adjustments. A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Findings. E. Standards of Approval. A. Purpose. This section establishes procedures and requirements for the modification of an existing lot line or lot lines. Through a lot line adjustment, the Director shall ensure that the proiect complies with all of the provisions of the Code. the Subdivision Map Act, the general plan, and other applicable B. Applicability. The provisions of this section shall be applicable to the modification of a lot line, or lot lines, between four (4) or fewer contiguous existing parcels where the land taken from one parcel is added to an adjacent parcel or parcels and where a greater number of parcels than originally existed are not thereby created. In the case of a modification of the lot lines that affect more than four (4) parcels under common ownership within a subdivision even if submitted as separate lot line adiustments, an application and approval of a parcel map or tract map will be required per Section 17.25.110 (Tentative Subdivision Maps). A lot line adiustment shall be filed as a Class II application, subject to Chapter 17.23 (Class It Applications -Discretionary). C. Application Filing. Fees, and Proiect Review. Applications for a lot line adiustment shall be in compliance with Chapter 17.23 (Class II Applications - Discretionary). In addition, prior to submittal of the request for lot line adiustment, a recorded "Unconditional Certificate of Compliance' shall be required for each existingparcel not complying with the provisions of the Subdivision May Act, as determined by the City Engineer. The Citv shall not imnose conditions or exactions on its anoroval of a lot line adiustment except to conform to the general plan, zoning, and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adiustment, or to facilitate the relocation of existing utilities. infrastructure, or easements. No tentative map parcel map, or tract map shall be required as a condition to the approval of a lot line adjustment. January 2013 1 DRAFT Chapter 17.03 - Permits and Applications Page 64 C� • C� 0 • 0 D. Findines. The Review Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision). E. Standards ofAnnroval. In approving a Class II Dermit aoolication for a lot line adjustment, the Review Authority may impose such standards as deemed necessary to ensure that the lot line adiustment review will be in accordance with the findings required by Section 17.23.160 (Findings) and the Subdivision Mao Act. Standards include, but are not limited to, provisions for, or limitations to. the following: 1. The existing Parcels are contiguous;1 2. The existing Parcels comply with the provisions of the Subdivision Mao Act, as determined by the City Engineer: 3. A greater number of parcels than originally existed will not be created: 4. The adjusted parcels will comply with the goals and policies of the general plan, Provisions of the Code and zoning, and any other applicable statutes or regulations. Pre-existing, nonconforming lots or parcels may be merged into a single nonconforming_ parcel at the discretion of the Director: 5. The adiusted configuration of the parcels will be in accord with the established neighborhood lot design patterns and will not violate good planning practices: 6. There will be no impairment of any existing access or creation of a need for any new access to any adjacent parcels: 7. There will be no impairment to any existing easements or creation of a need for any new easements serving any adiacent parcels R. There will be no need to require substantial alteration to any existing improvements or create the need for any new improvements: 9. There is no adjustment of the boundary between existing parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements: and 10. Parcels to be created by the lot line adjustment or merger which contain an average cross slope of ten (10) percent or greater may be required to January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 65 comply with Section 17.51.020 (Hillside Development) prior to or concurrently with the lot line adiustment. January 2013 1 DRAFT Chapter 17.03 —Permits and Applications Page 66 0 • • 0 • 9 17.23.170 Oak Tree Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Findings. A. Purpose. This section establishes procedures and requirements to protect and preserve oak trees in the City and to provide regulatory measures designed to accomplish this purpose. B. Applicability. The provisions of this chapter shall be applied to the removal. relocation, encroachment, or impacting of any oak tree as determined to be applicable by the Director, and shall be subiect to the issuance of an oak tree permit, C. Application Filine, Fees and Protect Review. Applications for an oak tree permit shall be in compliance with Chapter 17.23 (Class 11 Applications — Discretionary) and 17.25 (Class IV Applications — Discretionary) as determined below: 1. Director Level Review (Class II Application). The Director shall review all Class II oak tree permit applications and shall impose conditions deemed appropriate when one or more of the following activities are proposed: a. A request for the removal of three (3) or fewer oak trees on a single parcel excluding the removal of any tree designated as a heritage oak tree: b. A request for the removal of five (5) or fewer oak trees, excluding the removal of any tree designated as a heritage oak tree, when the applicant is the owner of a single-family residence and the trees in question are on the same parcel: C. A request for pruning of oak trees, unless otherwise exempted by this Code d. A request for encroachment of oak trees, unless otherwise exempted by this Code. or C. The Director may refer any request for an oak tree permit directly to the Commission if the Director determines that special January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 67 circumstances may exist with regard to the status of the tree(s), special community interest, or exceptional aesthetic, environmental or historical value. 2. Commission Review (Class IV Application). The Commission shall review all Class IV oak tree permit applications and shall impose conditions deemed appropriate when one or more of the following occurs: or a. A request for the removal of four (4) or more oak trees on a single arceh b. A request for the removal of six (6) or more oak trees when the applicant is the owner of a single-family residence and the trees in question are on the applicant's lot: C. The proposed project includes a Class IV, V, VI or VII application: d. The removal of any oak tree designated as a heritage oak tree. D. _ Proiect Notice and Required Actions. The notice of the public hearing for a Class IV application shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following required findings: 1. The Approving Authority shall make one or more of the following findings beforerg anting an oak tree permit: a. The condition or location of the oak tree(s) requires cutting to maintain or aid its health, balance, or structure: b. 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 Rractices: C. 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: or January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 68 11 U 0 0 d. The approval of the request will not be contrary to or in conflict with the eeneral purpose and intent of the Code. No heritage oak tree shall be removed unless one or more of the above findines are made and the Review Authority also finds that the heritaee 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 unreasonable detrimental to the community and surrounds area. • January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 69 9 17.23.180 Requests for Reasonable Accommodations. SUBSECTIONS: A. PnrDGSe. B. Applicability. C. Application. D. Findings. E. Concurrent Review with Other Applications. F. Notice of Decision. G. Effective Date. H. Expiration of Reasonable Accommodation. 1. Recorded Aereement. J. Appeals. K. Waiver of Fees. A. Purpose. This section implements part of the City's General Plan Housing Element and provides a procedure for individuals with disabilities to request reasonable accommodations. consistent with the federal Fair Housin¢ Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Reasonable Accommodation Acts are amended from time to time. The sole intent of this section is to ensure that individuals with disabilities have an equal opportunity to use and eniov housing by allowing an accommodation(s) with respect to certain City regulations, policies, procedures, and standards if said B. Applicability. The provisions of this section shall apply to all requirements of this Code well as all other regulations. Policies, procedures, and standards regulated by the Department. C. Annlication. Anv individual with a disability. someone acting on their behalf. or a provider or developer of housing for individuals with disabilities, desiring to obtain a reasonable accommodation in accordance with this section shall file a Class II application with the Director. Information requested on the application shall be provided on the checklist as provided by the City. The Director may request additional information as they deem reasonably necessary where such request is consistent with the Reasonable Accommodation Acts and the privacy rights of the individual with a disability. All procedures for processing the pplication shall be in compliance with Chanter 17.06 (Common Procedures), except where otherwise stated in this section. D. Findines. The findings for a request for reasonable accommodation are as follows: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 70 Comment (GP1951: General Plan Implemmation �J 11 L� 9 1. Where a request for a reasonable accommodation is sought in connection with a reasonable accommodation residential use for which no other concurrent application for entitlement is required, the Director shall grant the request based upon the following findings, which they shall make in writing: a. The requested accommodation is intended to be used by an individual with a disability who resides or will reside on the Property: b. The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enioy a residential use,, C. The requested accommodation will not impose an undue financial or administrative burden on the City: and requested accommodation will not require a fundamental alteration in the nature of the land use and zoning of the Cid • Any reasonable accommodation approval shall include the requirement that such accommodation be removed when it is no longer necessary for the original purpose granted, unless, in the reasonable discretion of the Director, it is so physically integrated into the property or the improvements thereon that the cost or effort to remove it would create an unreasonable hardship. shall grant or deny a request for a reasonable accommodation concurrently with the decision rendered for such application, variance, or other discretionary land use entitlement, and shall make findings addressing the criteria set forth in Section 17.23.180(D) (Findings). F. Notice of Decision. 1. The Director shall notify the applicant by mail of the action taken on an application for reasonable accommodation; said notice shall include the following: January 2013 1 DRAFT Chapter 17.03 — Pennits and Applications Page 71 i a. Notices of decision on applications considered by the Director pursuant to Section 17.23.180 (D) (Findings) shall be issued within 30 days of the date of the application, or within an extended period as mutually agreed upon, in writing, by the applicant and the Director. In addition to the applicant, a copy of the notice of decision by the Director shall be provided by mail to the property owner; b. Notices of decision on applications considered by a ADDrovin Authority in coniunction with another land use entitlement application, pursuant to Section 17.06.040 (Multiple Applications), shall be provided along with the decision for such other entitlement, in accordance with the requirements for such other entitlement. In addition to any other persons required to receive notice of an action on the related entitlement application, a copy of the notice of decision shall also be provided by mail to the property owner. 2. The notice of decision shall include notice of the right to appeal, as se[ forth in Chapter 17.07 (Appeals or Certification of Review). Expiration of Reasonable Accommodation. 1. A reasonable accommodation which is not used within the time specified in the notice of decision or, if no time is specified, within two years after the date of grant of the reasonable accommodation, shall expire and be of no further effect, except that: a. In cases in which the Director granted the original reasonable accommodation. the Director may extend the time as indicated in 17.06.230 (Time Limits and Extensions); and b. In the case of a reasonable accommodation granted concurrently and in conjunction with another land use entitlement. the Approving Authority may extend the time to use it to correspond with any extensions granted for the use of such related entitlements. 2 A reasonable accommodation shall be considered used within the intent of this section when construction, development, or use authorized by such reasonable accommodation, that would otherwise have been prohibited in the absence of an accommodation being granted, has commenced. 3. A reasonable accommodation shall automatically cease to be of any further force and effect if the use for which such accommodation was January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 72 0 0 0 n 0 0 granted has ceased or has been suspended for a consecutive period of two or more years and may be required to be physically removed in accordance with Section 17.23.180 (D) (Findings). H. Recorded Agreement. 1. The Approving Authority may require the applicant to record with the Registrar-Recorder/County Clerk an agreement that the reasonable accommodation granted will be maintained in accordance with the terms of the reasonable accommodation and this section as a covenant running with the land for the benefit of the City in those instances described in subsection (2), below. The recorded agreement shall also provide that any violation thereof shall be subject to the enforcement procedures of this Code and the Municipal Code. 2 The Approving Authority may require the recorded agreement, as described in subsection (1), above, if: a. The accommodation is phvsically integrated on the property and cannot feasibly be removed or altered, and the structure would otherwise be subject to Chapter 17.05 (Legal Nonconforming Uses, Lots and Structures): or b. The accommodation is temporary and required to be discontinued no longer maintained in compliance with this section. 3. The Approving Authority may authorize termination the agreement to maintain the reasonable accommodation, as described in subsection (A). above, after making written findings that the lot is in compliance with all applicable land use and zoning regulations. 4. The property owner is required to record the termination or release of any agreement provided by this subsection. I. Appeals 1. An appeal regarding a decision to grant or deny reasonable accommodation shall be made in writing pursuant to the procedures and the time limits established in Chapter 17.07 (Appeals or Certification of Review). 2. All decisions on an appeal shall address and be based upon the same findings required by Section 17.23.180 (D) (Findings January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 73 3. Decisions on an appeal of a decision made by a Review Authority, made in conjunction with other land use entitlements, as set forth in Section 17.06.040 (Multiole Applications), shall be effective on the same date as is provided for an appeal of the related land use entitlement and any further rights of appeal will be the same as is Provided for an appeal of the related land use entitlement. J. Waiver of Fees. An applicant requesting a reasonable accommodation shall not be required to pay the City environmental assessment fee if the proiect that is the subject of said request qualifies for either a categorical exemption or statutory exemption under the California Environmental Ouality Act. January 2013 1 DRAFT Chapter 17.03 —Permits and Applications Page 74 E • 0 0 • 17.23.190 Sian Review. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing. Fees. and Proiect Review. D. Findings. E. Conditions of Approval. A. Purpose. This section establishes procedures and requirements for the installation empowered to grant approval with conditions for signage in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of a sign review. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, sign review approval shall be required prior to the issuance of any installation and/or permit for anv signage at the discretion of the Director._ A_ sign review shall be filed as a Class Il application, subiect to Chapter 17.23 (Class If Applications — Discretionary). C. Application Filing. Fees, and Proiect Review. Applications for a sign review shall be in compliance with Chapter 17.23 (Class 11 Applications — Discretionary). D. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings oer Section 17.06.130 (Findings and Decision) in addition to the following required findings: 1. Complies with all applicable design guidelines: 2. Would not interfere with pedestrian or vehicular safety: 3. Would not detract from the character of a historic or architecturally significant structure: 4. Would not be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent propgrty: 5. Would not detract from the pedestrian quality of the street or area: 6. Would not add to or create an over-Droliferation of signs on a particular rrooperty: and January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 75 7. Would enhance the overall development, be in harmony with, and relate visually to other signs on-site, to the structures or developments they identify, and to surrounding development. E. Conditions of Approval. In approving a Class II permit application for a sign such conditions, including the provision of required improvements as the Approving Authority shall deem to be reasonable and necessary, or advisable under the circumstances, so that the obiectives of the development code, general plan, adopted design guidelines, Commission and Council policies shall be achieved. Conditions may include, but are not limited to, provisions for or limitations to the following: In order to ensure the oerformance of conditions imoosed concurrent with the granting or modification of a sign review, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the sign plan. Such security shall be furnished as required by this Code; 2. Whenever a sign review aooroval is granted, or modified, subiect to the condition that specified improvements be provided by the applicant, such imorovements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such imorovements prior to the time of events snecified in the sign review approval; and 3. Such other conditions as the Approving Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. January 2013 1 DRAFT Chapter 17.03 - Permits and Applications Page 76 A • 0 17.23.200 Temporary Use Permit. SECTIONS: A. Purpose. B. Applicability. C. Application Filing. Fees and Proiect Review. D. Project Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Extension or Modification of Limitations. A. Purpose. This section establishes procedures and requirements for temporary activities and events that may not otherwise be allowed in the underlying zones, but may be acceptable because of their limited or temporary nature. This section also establishes procedures for both short-term and extended -term special events. B. 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. A temporary use permit shall be applicable as follows: • Uses . 2. Extended -Term Temtorary Use Permit. A temporary use permit for an extended term shall be filed as a Class W application, subiect to Chapter 17.25 (Class IV Applications Discretionary), except that outside display or sales of goods, equipment, merchandise or exhibits in commercial zones shall not be authorized for an extended term. C. Application Filinr, Fees and Project Reviepe. Applications for a temporary use permit shall be in compliance with Chapter 17.23 (Class 11 Applications Discretionary) for for a standard temporary use permit and 17.25 (Class IV Applications — Discretionary) for extended -term temporary use permits D. Project Notice and Required Actions. The notice of the public hearing for an extended -term temporary use permit shall be in compliance with Section 17.06.110 (Tvoe II Public Noticing (Public Hearing E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06 130 (Findings and Decision) in addition to the following required findings: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 77 0 0 1. That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the Director in any case where such temporary use is proposed for a period longer than one weekend or three consecutive days; 2. That approval of a temporary use permit will not result in the use of a lot for a cumulative time period in excess of the maximum time period such temporary use may be authorized during any 12 -month period, except where a longer period is specifically approved in accordance with the provisions of Section 17.23.200 (B) (2) (Extended -Term Temporary Use Permits): and 3. In addition, the following findings shall be required for the approval of an extended -term temporary use permit: a. That adequate nublic and Drivate facilities such as utilities, oarkin 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 are in accordance with the purpose of this development code, the purpose of the zone in • which the site is located, the 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 d. That the use and facilities will not adversely affect or conflict with adiacent uses, or impede the normal development of, surrounding properties: and e. The extended -term temporary use permit shall not exceed a period of five years. F. Conditiow of pproial. In approving a Class Il temporary use permit or Class IV extended -term temporary use permit, the Approving Authority may impose such conditions as deemed necessary to ensure that the permit will be in accordance Conditions may include, but are not limited to, provisions for or limitations to the following: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 78 11 0 • 0 1. In approving an application for a temporary use permit or extended -term temporary use permit, the Approving Authority may impose such conditions as thev deem necessary to ensure that the permit will be in accord with the findings required by Section 17.06.130 (Findings and Decisions). These conditions may involve any pertinent factors affecting the operation of such special event or use including but not limited to: a. Requirement of temoorary parking, facilities including vehicular access and egress: b. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gasses. garbage and heat: C. Requirement of noise mitigation, when necessary, to reduce potential noise impacts to adjacent sensitive uses, which may include notification to affected residents and other means as appropriate: d. Reaulation of temporary buildings, structures, and facilities including placement, height and size, limitations on commercial rides or other equipment permitted, the location of open spaces including buffer areas and other yards, and signs: e. Regulation of operating hours and days including limitation of the duration of such temporary use to a shorter or longer time period than the maximum period authorized: f. Requirement of a nerformance bond or other surety device to assure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within one week following such event and therpyertv restored to a neat condition. The Director may designate a different time period and/or require cleanup of additional surrounding property at their discretion: g. Requirement of a site plan indicating all details and data as prescribed in this Code: h. Requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other City ordinances: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 79 i. Such other conditions as will make possible the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this Code. such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of, any permanent building structure, or facility 3. The Director in approving a temporary use permit for the outside display or sales of goods, equipment, merchandise, or exhibits may permit a temporary banner, limited in time for the duration granted in the permit at any location on the subject property deemed appropriate. However, in no event shall the Director authorize a banner that exceeds 60 square feet of total sign area. 4. In the granting of a temporary use permit, the Review Authority may authorize temporary use of parking and related facilities established to serve permanent uses as follows, provided, that such temporary usage is specifically recognized in the temporary use permit: a. Joint usage of required automobile parking facilities established to serve a permanent use, provided the owner or occupant of the permanent use or their authorized legal representative submits written consent, and it is determined by the Approving Authority that such joint utilization will not have a substantially detrimental effect on the surrounding area: b. Temporary occupation by a temoorary use of a portion of narkin facilities or structures established to serve a permanent use provided the owner or occupant of such use or their authorized legal representative submits written consent, and it is determined that such joint utilization will not have a substantially detrimental effect on the surrounding area. C. The temporary reduction in required parking for such permanent use shall not be construed to require a variance with respect to parking requirements of this Code. G. Extension or Modification of Limitations. Upon written application, the Director may extend the time within which temporary uses may be operated for up to a total of one year for a temporary use permit and five years for an extended -term temporary use permit, or may modify the limitations under which such uses may January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 80 �J • 0 be conducted if the Director determines that such extension or modification is in accordance with this Code. Should a reasonable case be presented to the Director that there is a public nuisance created as a result of the temporary use permit, additional review in the form of a noticed public hearing before the Commission may be required. At that hearing, additional conditions may be imposed to mit- igate any nuisance, or the temporary use permit may be revoked in accordance with the provisions of this Code. �l. Successive Pemits. After the submission of a new application, the Director may allow successive applications for temporary use permits for a like use on the same parcel of land. • January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 81 0 Chapter 17.24 Class III Applications— Discretionary SECTIONS: 17.24.010 Purpose. 17.24.020 Applicability, 17.24.030 Review Authority and Related Procedures. 17.24.040 Application Filing. Fees. and Project Review. 17.24.050 Project Notice, 17.24.060 Required Actions. 17.24.070 Post -Decision Procedures. 17.24.080 Revisions to an Approved Site Plan. 17.24.100 Adjustments. 17.24.110 Administrative Sign Variances and Historic Sign Designation. 17.24,120 Minor Use Permit. 17.24.010 Purpose. The Class III application is a discretionary process for reviewing uses that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class III applications require public notification, but do not require a hearing unless one is requested. 17.24.020 Applicability. A. Underlving Zones. A Class III application is required to authorize uses identified in Division 17.40 (Use Classifications and Required Parking) as being allowed in the applicable underlying zone, subiect to the approval of a Minor Use Permit or other Class III applications. B. Other Specific Uses or Standards. A Class III application may also be reauired for use or structure types having unusual site development features. or operating characteristics requiring special consideration so that they may be designed, located, and operated compatible with uses on the same or adiacent properties and in the surrounding area. 17.24.030 Review Authority and Related Procedures. A. General Requirements. A Class III application shall be approved conditionally approved, or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional reauirements or review criteria for a Class III review established in this Code. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 82 0 • 0 0 B. Referral. The Director may refer a Class III application to the Hearing Officer for consideration and decision. 17.24.040 Application Filina, Fees, and Project Review. APolications for a Class III application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits). 17.06.080 (Initial Application Review). and 17.06.090 (Proiect Evaluation and Staff Reports). 17.24.050 Project Notice. The Department shall provide notice of the request in compliance with Section 17.06.100 (Type I Public Noticing) on a Class III application before taking any action. 17.24.060 Required Actions. A. Approval. The Approving Authority may approve a Class III application if. • I. No valid written requests for an administrative hearing, pursuant to subsection (D), below, are received within the period specified: and 2. The findings, Principles, and standards of Section 17.06.130 (Findings and Decision), are substantiated. B. Referral. The Director shall refer a Class III application to the Hearing Officer for consideration if, during the public noticing Period, a request for a hearing is filed with the Director. C. Denial. The Approving Authority shall deny the Class III aPPlication if the findings, principles, or standards of Section 17.06.130 (Findings and Decision), are not substantiated. D. Written Requests. The written requests for a public hearing shall be based on issues of sipttificance directly related to the application: Provision of evidence that the request cannot meet one or more of the findings, Principles, or standards identified in Section 17.06.130 (Findings and Decisions) in order to be considered valid. 17.24.070 Post -Decision Procedures. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 83 0 Class _III_ application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings). 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action). 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions). 17.06.150 (Decision After Administrative Hearing or Public Hearing) and 17.06.240 (Resubmission of Application). 17.24.080 Revisions to an Approved Site Plan. The Director may approve revisions to a site plan for an approved Class III application in accordance with Chapter 17.09 (Minor Permit Modifications). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 84 0 • 11 0 • 0 17.24.100 Adjustments. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees and Proiect Review. D. Proiect Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This Section establishes procedures and requirements for granting adjustments, a form of relief from development standards within this Code. An adjustment may be requested when practical difficulties. unnecessary hardships. or results inconsistent with the general purposes of this Code develop through the strict literal interpretation and enforcement of such development standards provisions. Discretionary). Any modification not listed below shall be subiect to Section 17.25.120 (Variances). An adiustment is required as described below: 1. An adiustment may be granted to allow the modification of any development standard by not more than 20 percent of the development standard: 2. An adiustment may be granted for modifications to a development standard on an existing single-family home including, but not limited to, the required yard, fence, or wall height. Structures exceeding 35 feet in height shall be subject to Section 17.25.100 (Conditional Use Permit); or 3. An adiustment may be granted to modify a development standard to be consistent with the prevailine standard (more than fifty (50) percent of the block). C. Application Filing. Fees. and Proiect Review. Applications for an adiustment shall be in compliance with Chapter 17.24 (Class III Applications Discretionary). D. D. Proiect Notice and Required Actions. The notice shall be in compliance with Section 17.24.050 (Proiect Notice) and Section 17.24.060 (Required Actions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 85 1. That the adiustment does not authorize a use or activity that is not allowed in the zone; propertv for which the adiustment is sought; and 3. That the granting of the adiustment 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. CondirionsofApflroval. 1. In approving a Class III permit application for an adiustment. the Review Authority may impose such conditions as deemed necessary to ensure that the adjustment will be in accordance with the findin4s required by Section 17.24.100 (E) (Findings), above. Conditions imposed by the Approving Authority may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested. 2 All development standards prescribed in the zone shall apply unless specifically modified by the adiustment. G. Expiration and E.rtensions. In the granting of a Class III permit for an adiustment, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 86 0 11 0 0 • 17.24.110 Administrative Sign Variance and Historic Sien Designation. A. Purpose. B. Applicability. C. Application Filing, Fees, and Proiect Review. D. Proiect Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting a variance from the standards contained in Section 17.51.080 (Simi Regulations (Private Property)), or designating a sign as historic and therefore exempt from strict literal interpretation and enforcement of such development standards and provisions. B. Applicability. 1. Unless specifically modified by an administrative sign variance or a historic sign designation, all regulations prescribed in the underlying zone in which such an administrative sign variance or historic sign designation is granted shall apply. A Class III application shall be filed subject to Chapter 17.24 (Class III Applications — Discretionary). The additional rules are applicable as described below: o. No administrative sign variance may be granted however, that would permit any of the prohibited types of signs provided in Section 17.51.080 (U), (Prohibited Signs): or b. If a sign is designated as historic, the sign area of the subject situ counts toward the overall allowable sign area. C. Application Filing. Fees. and Proiect Review. Applications for an administrative sign variance or historic sign designation shall be in compliance with Chapter 17.24 (Class III Applications — Discretionary). D. Proiect Notice and Required Actiom The notice shall be in compliance with Section 17 24.050 (Proiect Notice) and Section 17.24.060 (Required Actions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 87 11 E. Findings. The Approving Authority shall approve an application only after the applicant substantiates the followine required findings per Section 17.06.130 Findings and Decision) in addition to the following 1. These additional findings are required for an administrative sign variance: a. That no other signage altemative or design would be feasible or be able to provide reasonable signage in accordance with this Code; b. 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: C. That the variance does not authorize a use or actives that is not allowed in the zone; d. That, because of special circumstances or exceptional characteristics applicable to the proyertv, the strict application of the code deprives such property of privileges enjoved by other properties in the vicinity and under identical zoning classification; e. That the variance authorized will not constitute a grant of special • privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated: f. That strict application of zoning regulations, as thev apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards: and, 9. That such variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of properties of other persons located in the vicinity. h. That the sign contains at least one of the followine: i. Creative image reflecting the current or historical character of Santa Clarita, or other community as determined by the Director: ii. Symbols representing the use, name or logo of the building or business; iii. Unusual lighting techniques; January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 88 0 0 iv. Hand sculptured elements of wood, metal or other materials: V. Classic historic design stvle: vi. Hand painted lettering or graphic 2. These additional findings are required for a historical sign desi ation: a. That it meets the criteria for listing on the National Register of Historic Places or the California Register of Historical resources: or b. That it is at least fifty (50) years old or is of exceptional importance: and is one or more of the following: i. That it exemplifies or reflects special elements of the Citv's history, ii. That it embodies distinguishing architectural characteristics of a style, type, period or method of construction: iii. That it has a unique location, a singular physical characteristic or is an established and familiar visual feature of a neighborhood community or the City: iv. That it is of a business over fifty (50) years old, considered to have extensive local significance within the Santa Clarita Valley: C. The sign does not obstruct vehicular or pedestrian traffic or visibility. F. Conditions of Approval. 1. In approving a Class III permit application for an administrative sign variance or historical sign designation, the Approving Authority may impose such conditions as deemed necessary to ensure that the administrative sign variance or historical sign designation will be in accordance with the findings required by Section 17.24.110 (E) (Findings), above. Conditions imposed by the Approving Authority may involve anv pertinent factors affecting the establishment, operation, and maintenance of the use for which such variance or designation is requested. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 89 2. All development standards prescribed in the zone shall apply unless specifically modified by the administrative sign variance or historical sign designation. G. Expiration and Extensions. The granting of a Class III permit for an administrative sign variance or historical sign designation, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 90 0 • Ll 0 • 0 17.24.120 Minor Use Permit. SUBSECTIONS: A. Pumose. B. Applicability. C. Application Filing. Fees. and Proiect Review. D. Proiect Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting a minor use permit, in order to give the use regulations the flexibility necessary to effects on surrounding properties. In order to achieve these goals, the Approving Authority is empowered to grant approval with conditions for uses in zones as prescribed in this Code, and to impose reasonable conditions upon the granting of minor use permits. B. Applicabilim A minor use permit shall be filed as a Class III application, subject to Chapter 17.24 (Class III Applications — Discretionary). The Reviewing Authority shall review an application for a minor use permit as required below: A land use, as indicated in Division 17.40 (Use Classifications and Required Parking), requires that a minor use permit be approved for the use' '_' Request for reduction of parking: 3. Certain land development processes: 4. As required by an approved Specific Plan or Corridor Plan: or 5. As identified in this Code C. Application Filbre. Fees. and Project Review. Applications for a minor use permit shall be in compliance with Chapter 17.24 (Class III Applications — Discretionarv). D. Proiect Notice and Required Actions. The notice shall be in compliance with Section 17.24.050 (Proiect Notice) and Section 17.24.060 (Required Actions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 91 E. Findings. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: 1. These additional findings are required for a minor use permit for parking reductions: a. 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: b. That the granting of the permit will not result in the narking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets• C. The permit will facilitate access to nonresidential development by patrons of public transit facilities: d. That the parking demand would be less than the requirements identified in Section 17.51.060 (M) (Schedule of Off-street Parking RRe uirements): and. e. That sufficient narking would be provided to serve the use intended and potential future uses of the subject parcel. F. Conditions ofAoprovai. In approving a Class III permit application for a minor use permit, the Approving Authority may impose such conditions as deemed necessary to ensure that the minor use permit will be in accordance with the findings required by Section 17.24.120 (E) (Findings), above. Conditions imposed by the Review Authority may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such minor use permit is requested. Conditions may include, but are not limited to, Provisions for or limitations to the following: 1. Special yards; 2. Open spaces; 3. Buffers: 4. Fences 5. Walls; 6. Height of buildings, walls or other structures; January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 92 0 • 0 • CI 7. Installation and maintenance of landscaping: R. Street dedications, medians, and improvements: 9. Regulations of points of vehicular ingress and egress: 10. Regulation of traffic circulation; 11. Regulation of Mans: 12. Regulation of hours of operation and methods of operation; 13. Control of potential nuisances: 14. Architectural standards: 15. Establishment of development schedules and development standards: and. 16. Such other conditions as the Approving Authority may deem necessary tto ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. G. E,vDiration and Ertensions. In the granting of a Class III permit for a minor use permit, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 93 Chapter 17.25 Class IV Applications— Discretionary SECTIONS: 17.25.010 Purpose. 17.25.020 Applicability. 17.25.030 Review Authority and Related Procedures. 17 25.040 Application Filing, Fees, and Proiect Review. 17.25.050 Proiect Notice and Required Actions. 17 25.060 Public Hearing, Findings and Decision. 17.25.070 Post -Decision Procedures. 17.25.080 Zone Regulations. 17.25.090 Revisions to an Approved Site Plan. 17.25.100 Conditional Use Permits. 17.25.110 Tentative Subdivision Mans. 17.25.120 Variance. 17.25.010 Purpose. The Class IV application is a discretionary process for reviewing uses and standards that may be appropriate in the applicable underlying zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. Class IV applications require public notification and a public hearing. 17.25.020 Applicability. A Class IV application is required to authorize actions by the Commission. 17.25.030 Review Authoritv and Related Procedures. A Genera( Regairemems. A Class IV application shall be approved, conditionally approved, or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class IV application established in this Code. B Referral. The Review Authority may refer a Class IV application to the next higher Review Authority for consideration and decision. 17.25.040 Application Filing, Fees, and Proiect Review. Applications for a Class IV application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal). 17.06.070 (Fees January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 94 0 CI • 9 • • and Deposits). 17.06.080 (Initial Application Review) and 17.06.090 (Proiect Evaluation and Staff Reports). 17.25.050 Proiect Notice and Required Actions, The Department shall orovide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class IV application before taking any action. 17.25.060 Public Hearing. Findings and Decision. Class IV aoolication public hearing, findings and decision shall be in compliance with Sections 17.06.120 (Public Hearing Procedure). 17.06.130 (Findings and Decision), and 17.06.150 (Decision after Administrative Hearing or Public Hearing). 17.25.070 Post -Decision Procedures. Class IV aoolication post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings). 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval) 17.06.200 (Use of Property Before Final Action). 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants). 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing) and 17.06.240 (Resubmission of Application). 17.25.080 Zone Regulations. Unless specifically modified by an approved Class IV application, all regulations prescribed in the underlying zone in which such permit is granted shall apply. 17.25.090 Revisions to an Approved Site Plan. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 95 17.25.100 Conditional Use Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing. Fees. and Proiect Review. D. Proiect Notice and Required Actions. E. Findin,,s. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting conditional use permits, in order to give the use regulations the flexibility necessary to achieve the objectives of this Code. Because of their unusual characteristics, certain land uses require special consideration so that they may be located properly with respect to the objectives of the development code and with respect to their effects on surrounding properties. In order to achieve these goals. the Approving Authority is empowered to grant approval with conditions for uses in zones as Prescribed in this Code, and to impose reasonable conditions upon the granting of conditional use permits. B. Applicability. A conditional use permit shall be filed as a Class IV application subject to Chapter 17.25 (Class IV Applications — Discretionary). The Reviewing Authority shall review an application for a conditional use permit as required below: 1. A land use, as indicated in Division 17.40 (Use Classifications and Required Parking), requires that a conditional use permit be approved for the use 2. Certain land development requirements and activities: 3. Any structure exceeding the height established for the underlying zone; 4. As reauired by an approved Specific Plan or Corridor Plan: or 5. As identified in this Code C. Application Filing. Fees and Proiect Review. Applications for a conditional use permit shall be in compliance with Chapter 17.25 (Class IV Applications Discretionary). January January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 96 9 • 0 0 i 11 D. Proiect Notice acrd Required Actioru. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type 11 Public Noticing (Public Hearing)). E. Findines. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision F. Conditions of Approval. In approving a Class IV permit application for a conditional use permit, the Approving Authority may impose such conditions as deemed necessary to ensure that the conditional use permit will be in accordance with the findings required by Section 17.25.100 (E) (Findings), above. Conditions imposed by the Review Authority may involve anypertinent factors affecting the establishment, operation, and maintenance of the use for which such conditional use permit is requested. Conditions may include, but are not limited to, provisions for or limitations to the following: 1. Special yards: 2. Open spaces: 3. Buffers' 4. Fences; 5. Walls: 6. Height of buildings, walls, or other structures: 7. Installation and maintenance of landscaping: 8. Street dedications, medians, and improvements: 9. Regulations of points of vehicular ingress and egress: 10. Regulation of traffic circulation: 1t. Regulation of signs: 12. Regulation of hours of operation and methods of operation: 13. Control of potential nuisances: 14. Architectural standards 15, Establishment of development schedules and development standards: and. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 97 16. Such other conditions as the Approving Authority may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, or welfare. G. Expiration and Extensions. In the granting of a Class IV permit for a conditional use permit, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 98 11 is 0 9 J • 17.25.110 Tentative Subdivision Maps. A. Pumose. B. Applicability. C. Application Filing. Fees. and Proiect Review. D. Project Notice and Required Actions. E. Findings. F. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for requirements for the review and approval of tentative subdivision maps for the division of all land within the City, in accordance with the Subdivision May Act and this Code. B. Applicability. This section shall regulate the content of tentative subdivision maps for all land within the City and the filing of tentative tract maps and tentative parcel maps as indicated below: 1. A tentative parcel map shall be required for a subdivision of land consisting of four (4) or less lots. 2. .A tentative tract map shall be required for a subdivision of land consisting of more than four (4) lots or any condominium project. 3. A vesting tentative tract may or vesting tentative parcel map may be submitted for all subdivisions. C. plication Filing. Feer, and Pmiect Review. Applications for a tentative subdivision may shall be in compliance with Chapter 17.25 (Class IV Avolications — Discretionary). applicable ordinances and general and specific plans in effect at the date the accompanying application is deemed complete pursuant to Government Code Section 65943 in accordance with Sections 66474.2 and 66498.1 of said Government Code E. Findings. The Approving Authority shall approve an application only after the for access through or use of, property within the proposed subdivision. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 99 F. Eroiration and Extensions. In the granting of a Class IV permit for a tentative subdivision man. the applicant shall record the map in compliance with Section 17.06.230 (Time Limits and Extensions) and Subdivision May Act. January 2013 1 DRAFT Chapter 17.03 —Permits and Applications Page 100 0 • 0 9 17.25.120 Variances. A. Purpose. B. Aoolicability. C. Aoolication Filing, Fees, and Proiect Review. D. Proiect Notice and Required Actions. E. Findings. F. Conditions of Approval. G. Expiration and Extension. A. Purpose. This section establishes procedures and requirements for granting variances, a form of relief from development standards within this Code. A variance may be requested when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this Code develop through the strict application and enforcement of such development standards and provisions. B. Applicability. Unless specifically modified by a variance, all regulations Prescribed in the underlying zone in which such variance is granted shall armly. Ashall apply. A variance shall be filed as a Class IV application, subject to Chapter 17.25 (Class IV Applications — Discretionary). 1. A variance may be granted to allow the modification of any develoomen[ standard. 2 A variance shall not be granted to permit a use that is prohibited in a zone. C. Application Filing Fees. and Proiect Review. Applications for a variance shall be in compliance with Chapter 17.25 (Class IV Applications — Discretionary). D. Proiect Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type it Public Noticing (Public Hearing)). E. Findipgs. The Approving Authority shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: 1. That the variance does not authorize a use or activity that is not allowed in the zone: 2. That, because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other properties in the vicinitv and under identical zoning classification; January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 101 0 3. That the variance authorized will not constitute a Brant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated: 4. That strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardship inconsistent with the general purpose of such regulations and standards: and 5. That such variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment, or valuation of properties of other persons located in the vicinity. F. Conditions ofAngror'al. 1. In approving a Class IV permit application for a variance, the Approving Authority may impose such conditions as deemed necessary to ensure that the variance will be in accordance with the findings required by Section 17.25.120 (E) (Findings), above. Conditions imposed by the Review Authority involve any pertinent factors affecting the establishment, overation, and maintenance of the use for which such variance is requested. 2 All development standards prescribed in the zone shall apply unless specifically modified by the variance. G. Expiration and Extensions. In the granting of a Class IV permit for a variance, the applicant shall utilize the permit in compliance with Section 17.06.230 (Time Limits and Extensions). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 102 0 0 0 • Chapter 17.26 Class V Applications—Discretionary SECTIONS: 17.26.010 Purpose. 17.26.020 Applicability. 17.26.030 Review Authoritv and Related Procedures. 17.26.040 Application Filing, Fees, and Project Review. 17.26.050 Proiect Notice and Required Actions. 17.26.060 Public Hearing. 17.26.070 Post -Decision Procedures. 17.26.110 General Plan Amendment. 17.26.120 Master Plans. 17.26.130 Ridgeline Alteration Permit, 17.26.010 Purpose. The Class V application is a discretionary process for reviewing uses that are non- legislative but require Council approval. Class V applications require public notification and public hearings before both the Commission and the Council. 17.26.020 Applicability. A Class V avolication is required to authorize non -legislative actions by the Council. 17.26.030 Review Authority and Related Procedures. A. General Reauiremenrs. Class V applications shall be approved. conditionally approved, or denied by the Approving Authority in compliance with Table 17.06- 1 (Review Authority), any additional requirements, or review criteria for a Class V review established in this Code. B. Assignment. The Director shall assign a Class V application to the Commission for a public hearing and recommendation to the Council. 17.26.040 Application Filing, Fees, and Proiect Review. Applications for a Class V application shall be in compliance with Sections 17.06.040 (Multiple Applications). 17.06.060 (Application Filing and Withdrawal). 17.06.070 (Fees and Deposits). 17.06.080 (Initial Application Review). and 17.06.090 (Proiect Evaluation and Staff Reports). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 103 17.26.050 Proiect Notice and Required Actions. The Director shall provide notice of the hearing in compliance with Section 17.06.110 (Tvve 11 Public Noticing (Pubic Hearing)) on a Class V application before taking any action. 17.26.060 Public Hearing. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearin Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 17.26.070 Post -Decision Procedures, Class V application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings). 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals). 17.06.190 (Conditions of Approval). 17.06.200 (Use of Property Before Final Action). 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants). 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). January 2013 I DRAFT Chapter 17.03 — Permits and Applications Page 104 0 n LJ 0 9 January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 105 0 17.26.110 General Plan Amendments. SUBSECTIONS: A. Purpose. B. Initiation. C. Application Filing, Fees, and Project Review. D. Proiect Notice and Required Actions. E. Commission and Council Actions. F. Findings. A. Purpose. This section establishes procedures for consideration of amendments, additions, deletion, or changes to the general plan and associated maps and/or exhibits. The general plan and associated maps and/or exhibits may be amended in accordance with the procedure prescribed in this section as authorized by the State Government Code. B. Initiation. 1. Initiation by the City. A general plan amendment may be initiated by the following Review Authorities: • a. Council. The Council may instruct the Director to initiate an amendment: b. Commission. The Commission may instruct the Director to initiate an amendment: or C. Director. The Director may initiate an amendment. 2. Initiation by the Applicant. A general plan amendment may be initiated by the filing of a Class V application. 3. Timing of General Plan Amendments. Each mandatory element of the General Plan may be amended up to four times in a single calendar year in compliance with Section 65358 of the State Government Code. C. Application Filing Fees. and Proiect Review. Applications for a general plan amendment shall be in compliance with Chapter 17.26 (Class V Applications Discretionary). D. Proiect Notice and Required Actions. The notice of the public hearings shall be in D. compliance with Section 17.06.110 (Type 11 Public Noticing (Public Hearing)). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 105 0 E. Commission and Council Actions. forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a general plan amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the anproval of a general plan amendment, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chan 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type lI Public Noticing (Public Hearing 5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a general plan amendment, provided that any modification of the proposed general plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). F. Findings. The Council shall approve an application only after the applicant substantiates the following: 1. The proposed general plan amendment meets all of the findings pe Section 17.06.130 (Findings and Decision): January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 106 0 • is 2 Properties which benefit from increased density or intensity of development resulting from theeng eral plan amendment shall fully mitigate their increased sewer imoact at the time that develooment occurs on the properties. 3. In addition, the Council shall make at least one of the following findings: a. The proposed general plan amendment is consistent with other elements of the City's general plan pursuant to Government Code fi 65300.5. b. The Proposed general plan amendment if applicable, reslLonds to changes in State and/or federal law pursuant to Government Code 65§ 300.9. C. The or000sed eeneral olan amendment has been referred to the County of Los Angeles and any adiacent cities abutting or affected by the proposed action, the Local Agency Formation Committee ILAFCOI, and any federal agency whose operations or lands may be affected by the Proposed decision pursuant to Government Code 60 5352. 9 January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 107 0 17.26.120 Master Plans. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Proiect Review. D. Project Notice and Required Actions. E. Commission and Council Actions. F. Findinas. G. Procedure and Review. H. Permitted Uses. 1. Property Development Standards. A. Purpose. This section establishes procedures for consideration of master plans as authorized by the State Government Code. A master plan is intended to achieve the following purposes: 2 Ensure orderly and comprehensive City review of development plans resulting in more compatible and desirable development: and. 3. Master plans shall be considered only for development proiects in which the site can be developed in such a way that buildings, structures, pedestrian and vehicular circulation, landscaping and open space relate harmoniously to create a campus -like setting. B. Applicability. The Director may reouire Dublic, semi-Dublic, or Drivate uses of an 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. Proiects That Are Consistent. After a master development plan is approved, proposed proiects 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. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 108 • 0 C� • 0 2. Proiects That Are Inconsistent. If a proiect 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 Code. C. Application Filing. Fees. and Proiect Review. Applications for a master plan shall be in compliance with Chapter 17.26 (Class V Applications - Discretionarv). D. Proiect Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Tvoe 11 Public Noticing (Public Hearing)). E. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a master plan shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a plan, the Council shall not be required to take further action. and the action of the Commission shall become final unless appealed to the Council in accordance with Chanter 17.07 (Anneals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by the Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing. (Public Hearing)). S. Council Action on Commission Recommendations. The Council ma approve. modify or reiect the recommendation of the Commission involving a master plan, provided that any modification of the proposed plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. January 2013 1 DRAFT Chapter 17.03 - Permits and Applications Page 109 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). F. Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). G. Procedure and Review. 1. Expiration. A master plan shall expire on the date designated by the Council. findings made and conditions imposed on the original approval still apply. The renewal oeriod. if approved, shall specify the new expiration date of the plan. Application for renewal shall be made in writing between thirty (30) and sixty (60) days prior to lapse of the original approval. 3. Amendments. Any amendments to such master plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below: a. A master plan may be amended in the same manner as provided for adoption of a master plan by this section. b. An amendment to a master plan may be initiated by the Director Commission, or Council. An amendment may also be initiated by the applicant for the master plan 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 master plan. C. The Citv's review of the oroposed amendment shall be limited to the scope of the application, and shall not address reconsideration of aspects of the existing master plan, including conditions of approval, that are not the subiect of the application, except as such aspects that may be affected by the proposed amendment. 4. Review. All aooroved master plans may be periodically reviewed by the Director, Commission, or other body designated by the Council, for compliance with the features of the plan and conditions of approval, at time intervals identified by the Director. The review may take place at a noticed public hearing as provided with Section 17.06.110 (Type 11 Public January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 110 0 E 0 L • U Noticing (Public Hearing)). The owner shall be notified in writing of the Approving Authority's determination. If the Approving Authority finds noncompliance with the plan or the conditions of approval. it may direct the Director to withhold building and other permits for any development within the area covered by the plan until compliance is achieved and/or direct the Director to schedule a public hearing before the Council for revocation of the master plan. Such hearing shall be noticed as required with Section 17.06.110 (Tvpe II Public Noticing (Public Hearing)). H. Permitted Uses. Master plans may be considered for development projects, which meet the following: 1. Multiple uses can be included and considered as part of a master plan. The following uses may be approved as part of a master plan: and/or a. Uses permitted or conditionally permitted in the underlying zone: b. Uses accessory to a permitted or conditionally permitted use: C. Uses similar in nature and directly associated with and dependent upon the primary function of the master plan. 1. Property Development Standards. All development standards of the underlying zone shall apply to master plans. The Approving Authority shall be permitted to increase the setback requirements of the underlying zone and also to modify or delete the following requirements when it can be shown that the altemative achieves a similar purpose. 1. The master plan shall be designed and developed in a manner compatible with and complementary to existing development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from Potentially adverse influences within the development. The applicant shall include the anticipated architectural themes for the master Plan area with the submittal of the master plan for review and approval. 2. Building architecture throughout the project is consistent and complementary. 3_ If the proiect is to be developed in stages, the master plan shall coordinate improvement of the site, the construction of structures, and improvements in such open space in order that each development stage achieves a January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page l l l proportionate share of the total open space and environmental quality of the total planned development. 4. Master plans shall relate harmoniously to the topography of the site shall make suitable provision for the preservation of watercourses, drainage areas, ridgelines, oak trees, significant Flora and/or fauna, and similar features and areas. These areas shall be designed to use and retain the fea- tures and amenities to the greatest extent possible. 5. Accessory uses and structures shall be located as specified on the devel- opment plans as approved by the Council; provided, however, that accessory structures shall meet all of the setbacks for site development as pecified in the master plan and the underlying zone in which it is located. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 112 0 Is 0 0 January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 113 9 17.26.130 Ridgeline Alteration Permit. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing. Fees, and Project Review. D. Proiect Notice and Required Actions. E. Commission and Council Actions. F. Findings. A. Purpose. In an effort to achieve the City's obiective to preserve the ridgelines within the City limits for the public health, safety, and welfare for the longterm 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 alteration permit is established to regulate development located in the Ridgeline Preservation (RP) Overlay Zone. B. Applicability. A ridgeline alteration permit shall be filed as a Class V application, • subiect to Chapter 17.26 (Class V Applications — Discretionary). The Reviewing Authority shall review an application for a ridaeline alteration permit for any development including but not limited to grading permits, building permits and land use entitlements, in the vicinity of a generally designated significant ridgeline designated on the Ridgeline Preservation Overlav Zone. C. Application Filing. Fees, and Proiect Review. Applications for a ridgeline alteration Permit shall be in compliance with Chapter 17.26 (Class V Applications — Discretionary). D. Proiect Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Tvve II Public Noticing (Public Hearini 1. E. Commission and Council Actions. 1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a ridgeline alteration Permit shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a ridgeline alteration permit, the Council shall not be required to take further action, and the action of the Commission shall January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 113 9 become final unless appealed to the Council in accordance with Chanter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type 11 Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council ma approve, modify, or refect the recommendation of the Commission involving a general plan amendment, provided any modification of the proposed rideeline alteration permit by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findines). F. Findings. The Council shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: I. 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. 2 The appearance of the use or development will not be substantially different than the appearance of adioining rideeline areas so as to cause depreciation of the rideeline appearance in the vicinity. 3. The establishment of the proposed use or development will not impede the normal and orderly development and improvement of surrounding properties, nor encourage inappropriate encroachments to the rid eline area. 4. The proposed use or development demonstrates creative site design resulting in aproject that will complement the community character and provide a direct benefit to current and future community residents of not January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 114 0 • 0 only the proposed use or development. but the residents of the City as a whole. 5. The use or development minimizes the effects of grading to the extent practicable to ensure that the natural character of the ridgeline is preserved. 6. The proposed use or development is designed to mimic the existing topographv to the greatest extent possible through the use of landform contour grading. 7. The proposed use or development does not alter natural landmarks and prominent natural features of the rid elg ;nes. 0 January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 115 0 Chapter 17.27 Class VI Applications— Discretionary SECTIONS: 17.27.010 Purpose. 17.27.020 Applicability. 17.27.030 Review Authority and Related Procedures. 17.27.040 Application Filing, Fees. and Project Review. 17.27.050 Project Notice and Required Actions. 17.27.060 Public Hearing. 17.27.070 Findings. Decision and Post -Decision Procedures. 17.27.100 Pre -Annexation Agreement. 17.27.010 Purpose. The Class VI application is a discretionary process for reviewing uses that are non- legislative and require Council approval. Class VI applications require public notification and a public hearing before the Council only. 17.27.020 Applicability. A Class VI application is required to authorize non -legislative actions. 17.27.030 Review Authority and Related Procedures. A. General Requirements. Class VI applications shall be approved, conditionally approved, or denied by the Review Authority in compliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VI review established in this Code. B. Assiyinzent. The Director shall assign a Class VI application to Council for a public hearing and action. 17.27.040 Application Filing. Fees and Proiect Review. Applications for a Class VI application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal). 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review) and 17.06.090 (Project Evaluation and Staff Reports). 17.27.050 Proiect Notice and Required Actions. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 116 0 • 9 0 • 0 The Directort shall Provide notice of the hearing in compliance with Section 17.06.110 (B) (1) (Publication) on a Class VI application before taking any action. 17.27.060 Public Hearing. The Council shall conduct Public hearing in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing). 17.27.070 Findines and Decision Procedures. Class VI application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decision). 17.27.080 Post -Decision Procedures. Class VI application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Aoorovals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action), 17.06.210 (Approvals Run with the Land). 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 117 17.27.100 Pre -Annexation Agreement. SUBSECTIONS: A. Purpose. B. Applicability. C. Application Filing, Fees, and Project Review. D. Project Notice and Required Actions. E. Council Actions. F. Findings. A. Purpose. The purpose of this section is to provide procedures, requirements, and a formal agreement for consideration of the acceptance of existing County entitlements and standards that do not meet the City's development standards as part of an annexation. B. _Applicability. The Council may grant exceptions to the following provisions of the Code in accordance with County -approved entitlements that annex to the Citv upon a finding that the impacts of such minor exceptions are consistent with the General Plan and proposed zoning and will not adversely affect or be materially detrimental to adiacgnt uses or residents: 1. Permitted uses; 2. Parking: 3. Setbacks; 4. Floor area ratio: 5 Signage: 6. Architectural design elements: 7. Right-of-way improvements: 8. Landscaping: 9. Hillside development: and 10. Other development standards as determined by the Council. C. Application Filing. Fees. and Proiect Review. Applications for a pre -annexation agreement shall be in compliance with Chapter 17.27 (Class VI Applications — Discretionary). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 118 CJ 0 0 D. Proiect Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (B) (1) (Publication). E. Council Action. 1. Commission Action. A pre -annexation agreement shall not require a public hearing before the Commission for action, unless directed by the Council. 3. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). F. Findinrs. The Council shall approve an application only after the applicant substantiates the required findings er Section 17.06.130 (Findings and Decision). January 2013 1 DRAFT Chapter 17.03 – Permits and Applications Page 119 0 0 Chapter 17.28 Class VII Applications—Legislative SECTIONS: 17.28.010 Purpose. 17.28.020 Applicability. 17.28.030 Review Authority and Related Procedures. 17.28.040 Application Filing, Fees, and Proiect Review. 17.28.050 Proiect Notice and Required Actions. 17.28.060 Public Hearing. 17.28.070 Findings and Decision Procedures. 17.28.080 Post -Decision Procedures. 17.28.100 Development Agreements. 17.28.110 Specific and Corridor Plans. 17.28.120 Zone Changes and Amendments. 17.28.010 Purpose. The Class VII application is a discretionary process for reviewing uses that are legislative and require Council approval. Class VII applications require public notification and public hearings before both the Commission and the Council. 17.28.020 Applicability. • A Class VII application is required to authorize legislative actions. 17.28.030 Review Authority and Related Procedures. A. General Requirements. Class VII applications shall be approved, conditionally approved, or denied by the Review Authority in comoliance with Table 17.06-1 (Review Authority), and any additional requirements or review criteria for a Class VII review established in this Code. B. Assignment. The Director shall assign a Class VII application to the Commission for a public hearing and recommendation to the Council. 17.28.040 Application Filing, Fees, and Proiect Review. and Staff Reports). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 120 0 0 • 0 17.28.050 Project Notice and Required Actions. The Department shall provide notice of the hearing in compliance with Section 17.06.110 (Type 11 Public Noticing (Public Hearing)) on a Class VII application before taking anv action. 17.28.060 Public Hearine. The Department shall conduct public hearings in compliance with Sections 17.06.120 Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 17.28.070 Findings and Decision Procedures. Class VII application findings and decision procedures shall be in compliance with Section 17.06.130 (Findings and Decisions). 17.28.080 Post -Decision Procedures. Class VII application post -decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision); 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property Before Final Action). 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision After Administrative Hearine or Public Hearing), and 17.06.240 (Resubmission of Application). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 121 17.28.100 Development Agreements. SUBSECTIONS: A. Purpose and Interpreting Provisions. B. Avolication Filing. Fees, and Proiect Review. C. Content of Development Agreement. D. Commission and Council Actions. E. Findings. F. Execution and Recordation. G. Subsequently Enacted City, Special District, County, State, and Federal Laws or Regulations. H. Enforcement. I . Amendment and Cancellation of Development Agreements. J. Periodic Review. K. Violation of Agreement— Commission Review. L. Violation of Agreement — Council Review. A. Purpose and Interpreting Provisions. The purpose of this section is to provide procedures, requirements for consideration of development agreements. implementing, amending, and enforcing development agreements. 1. Intent of Agreement. A develooment agreement is a contract between the City and an applicant for a development proiect, in compliance with Chapter 4, Article 2.5 (Development Agreements) in Title 7, Division I (Planning and Land Use) of the State Government Code. It is intended to assure to an applicant that an approved Proiect may proceed, subiect to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City zoning and various other policies, rules, and regulations after proiect approval as included within this section. In return, the City would be provided with significant, tangible benefits above and beyond those that may be required by the City through normal review procedures and proiect conditions of approval that would otherwise avoly. 2. Interpreting Provisions. a. In interoreting the provisions of anv develooment agreement entered into compliance with this section, those provisions shall be read to be consistent with the language of this section. and Chapter 4, Article 2.5, in Title 7, Division 1 of the State Government Code, and the agreement itself. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 122 0 • 11 0 b. Should anv apoarent discrepancies between the meanings of these documents arise, reference shall be made to the followine documents, and in the following order: i. The plain terms of the development agreement itself; ii. The provisions of this section; and iii. The provisions of Chapter 4, Article 2.5, in Title 7, Division I of the State Government Code. B. Application Filing. Fees and Proiect Retdew. Applications for a development agreement shall be in compliance with Chapter 17.28 (Class VII Applications — Legislative). C. Content ofDeveloament Agreement. 1. Mandatory Contents. A development agreement shall contain the applicable provisions in compliance with the State Government Code including: • a. The duration of the agreement, including a specified termination date if appropriate; b. The uses to be permitted on the property; C. The density or intensity of use permitted; d. The minimum height, size and location of buildings permitted: e. The reservation or dedication of land for public purposes to be accomplished, if any; and f. The time schedule established for periodic review as required by Section 17.28.100 (K) (Periodic Review); Such terms, conditions, restrictions, or requirements shall not be contrary to zoning, subdivision or other ordinances, laws, or regulations applicable to the proposed development. 2. Permissive Contents. A develooment agreement may contain the applicable provisions in compliance with State Govemment Code including: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 123 0 a. The requirement of development schedules providing that construction of the proposed development as a total vroiect or in phases be initiated and/or completed within specified time periods; b. The. construction of public facilities required in coniunction with such development, including but not limited to vehicular and pedestrian rights-of-way, drainage and flood -control facilities. parks and other recreational facilities, and sewers and sewage treatment facilities; C. The prohibition of one or more uses normally listed as a use subiect to application in the underlying zone where placed; d. The limitation of future development or requirement of specified conditions under which further development not included in the agreement may occur; e. The requirement of a faithful performance bond where deemed necessary to, and in an amount deemed sufficient to guarantee the faithful performance of specified terms, conditions, restrictions, and/or requirements of the agreement. f The requirements of specified design criteria for the exteriors of buildings and other structures, including, but limited to, the permitted uses of the property. the density and/or intensity of the use, the maximum height and size of proposed structures, signs. any land dedications, and reservations; g. The requirement of special yards, open spaces, buffer areas, fences and walls, landscaping and parking facilities, including vehicular and pedestrian ingress and egress; h. The regulation of nuisance factors such as noise, vibration, smoke, dust, dirt, odors,ag ses, garbage, heat, and the prevention of glare or direct illumination of adjacent pronerties; and i. The regulation of operating hours and other characteristics of operation adversely affecting normal neighborhood schedules and functions on surrounding property. D. Commission and Council Actions. I. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 124 0 0 0 • 0 Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. 2. Commission Recommendation. A recommendation by the Commission relative to a development agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a development agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council ma approve, modify or reiect the recommendation of the Commission involving a development agreement, provided any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.16.160 (Notice of Action and Findings). E. Findings. The Review Authority shall approve an application only after the gpolicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following: 1. The proposed development agreement complies with City zoning, subdivision, and other applicable ordinances and regulations: 2. That the proposed development agreement provides for clear and substantial public benefit to the City and/or residents along with a schedule for delivery of the benefit: 3. Any development agreement that contains a subdivision shall comps with the provisions of Government Code Section 66473.7: January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 125 F. Execution and Recordation. I. Adopted by Ordinance. a. Approval by the Council of a development agreement shall be by ordinance. b. The ordinance shall not be adopted and the Mayor or Mayor's desijznee shall not execute a development agreement until it has been executed by the applicant. G. Ordinances. Reeulations and Requirements Applicable to Development. Unless otherwise provided by a development agreement, the General Plan, the Code, and other ordinances, rules, regulations, and official policies governing permitted uses of land, eoveming c. If the applicant has not executed the agreement, or the agreement as modified by the Council, and retumed the executed agreement to the City Clerk within 30 days following Council approval, the approval shall be deemed withdrawn, and the Mayor or designee shall not execute the agreement. The 30 -day time period may be extended upon approval of the Council. 2. Ordinance Becomes Effective. The City shall not execute a development agreement until on, or after the date upon which the ordinance approving the agreement. becomes effective. 3. Recordation of Agreement. A development agreement shall be recorded by the City Clerk with the Registrar-Recorder/County Clerk no later than 10 days after it is executed in compliance with Section 65868.5 of the State Government Code. 4. Develooment agreements approved by the Council shall be on file with the City Clerk G. Subsequently Enacted City. Special District. County. State. and Federal Laws or Reidations. In the event that special district. County, State. or Federal laws, mandates, or regulations enacted subsequent to the execution of a development agreement prevent or preclude compliance with one or more provisions of the agreement, the provisions of the agreement shall be deemed modified or suspended to the extent necessary to comply with the subsequently enacted special district, County, State, or Federal laws, mandates, or regulations. Unless modified by the development agreement, all structures shall be constructed using the building,, plumbing, mechanical, electrical, and fire codes in effect at the time of building permit issuance. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 126 0 • 11 0 H. Enforcement 1. Responsibility for Enforcement. Unless and until amended or cancelled in whole or in part in compliance with Section 17.28.100 (J) (Amendment and Cancellation of Development Agreements), below, a development agreement shall be enforceable by any party to the agreement notwithstanding any change in regulations which alters or amends the regulations applicable to development as specified in Section 17.28.100 (H) (Subsequently Enacted Special District, County, State and Federal Laws or Regulations) above. 2. Burden of the Agreement. The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successor(s)-in-interest to the parties to the agreement. I. Amendment and Cancellation of Development Agreements. 1. Proposed Amendment or Cancellation. A development agreement may be amended, or cancelled in whole or in part, by mutual consent of all parties to the agreement or their successor(s)-in-interest- 2 Initiation of Amendment or Cancellation. Either party to the agreement • may propose and initiate an amendment to or cancellation of a development agreement. _ Amendment and Cancellation Procedures. The procedures and notice requirements for amendment or cancellation of a development agreement are the same as the procedures for entering into an agreement in compliance with this section except as otherwise set forth in the development agreement and permitted by the Government Code. City Initiated Amendment or Cancellation. Where the City initiates the amendment or cancellation of the development agreement, it shall first sive notice to the property owner of its intention to initiate the proceedings at least 30 days before giving public notice to consider the amendment or cancellation, in compliance with Chapter 17.06 (Common Procedures). Periodic Review. 1. Basic Requirements for Periodic Review. Every development agreement entered into by the Council shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than 12 months. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 127 2. Procedure for Periodic Review. a. Purpose of Periodic Review. The purpose of the periodic reviews shall be to determine whether the applicant>contractingparty or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement: i. The Director shall determine on the basis of substantial evidence that the applicant or the successors) -in -interest has or has not complied with the agreement; ii,. If as a result of this review the Director determines that the agreement is not being complied with, the Director shall notify the applicant for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified. but in no event less than 30 calendar days, may result in legal action to enforce compliance, termination, or modification of the agreement iii. It is the duty of the applicant or the successor(s)-in-interest to provide evidence of good -faith compliance with the agreement to the Director's satisfaction at the time of the review; iv. Refusal by the applicant or the successors) -in -interest to provide the required information shall be deemed prima facie evidence of violation of the development agreement: v. If at the end of the time period established by the Director the applicant or the successor(s)-in-interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating compliance, the Director shall notify the Commission of the findings recommending the action as the Director deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement: vi. Where the Director notifies the Commission that the Director's findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider an applicant's reported failure to comply. and the action recommended by the Director. Procedures for conduct of the hearing shall be the same as January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 128 r� u u 0 provided in this section for initiation and consideration of a development agreement: and vii. If as a result of the hearing. the Commission finds that the applicant or the successor(s)-in-interest is in violation of a development agreement, it shall notify the Council of its findings, recommending action as it deems appropriate. b. Council Actions Following Periodic Review. Where the Commission reports the violation of a development agreement, the Council may take one of the following actions: i. Approve the recommendation of the Commission instructing that action be taken as indicated in cases other than a recommendation to terminate or modify an agreement: ii. Refer the matter back to the Commission for further proceedings with or without instructions: or Schedule the matter for Dublic hearing before the Council where termination or modification of an agreement is recommended. Procedures for conduct of the public hearing shall be the same as Provided in this section for initiation and consideration of a development agreement. K. Hotation ofAereement—Commission Review. Where the Director notifies the Commission that the Director's findin indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the avolicant's reported failure to comply, and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided herein for initiation and consideration of a development agreement. 2. If, as a result of such hearing, the Commission finds that the applicant or the successor in interest is in violation of a development agreement, it shall notifv the Council of its findings, recommending such action as it deems appropriate. L. Violation of Agreement—Council Revietr. Where the Commission reports the violation of a development agreement, the Council may take one of the following actions: January 2013 1 DRAFT Chapter 17.03 – Permits and Applications Page 129 0 1. Approve the recommendation of the Commission, instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement; or 2. Refer the matter back to the Commission for further proceedings with or without instructions: or 3._ Schedule the matter for Council hearing where termination or modification of an agreement is recommended. Procedures for such hearing shall be as provided in Section 17.06.110 (Type I1 Public Notices (Public Hearing)l. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 130 0 • 0 n U • U 17.28.110 Specific and Corridor Plans. SUBSECTIONS: A. Purpose. B. Application Filing, Fees, and Proiect Review. C. Contents. D. Additional Contents for a Specific Plan. E. Project Notice and Required Actions. F. Commission and Council Actions. G. Findings. H. Adoption and Amendments. I. Administration. I List of Specific Plans. K. List of Corridor Plans. A. _ Purpose. This section establishes procedures for consideration of specific and corridor plans as authorized by the State Government Code. The specific plan and corridor plan are intended to achieve the following ournoses: 1. To promote and Drotect the Dublic 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 ridaelines, 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 employment opportunities; and to expedite the provision of adequate and essential public services: 6. To facilitate develooment within the City in accordance with the General Plan by permitting greater flexibility and. consequently, more creative and imaginative designs for large-scale development proiects than generally are possible under conventional zoning regulations; 7. To promote more economical and efficient use of the land while Droviding a harmonious variety of housing choices and commercial and industrial January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 131 activities. a high level of urban and public amenities and preservation of natural and scenic qualities of oven space: 8. In the case of a specific plan, to provide a process for initiation, review and regulation of large-scale comprehensively planned communities that afford 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: and 9. In the case of a corridor Dian, to continue imolementine policies and goals set forth in the General Plan relating to Preservation of community characteristics and community vitality, ap ro nate urban form, and smart growth Principles emphasizing oedestrian orientation, integration of land uses, treatment of streetscapes as community living space, and environmentally sensitive building design and operation. B. Application Filing. Fees. and Proiect Review. Applications for a specific or corridor Plan shall be in compliance with Chapter 17.28 (Class VII Applications — Legislative). C. Contents. The specific or corridor plan shall include the text and a diagram or diagrams, which specify the following in detail and includes: 1. The distribution, location, and extent of the uses of land, including oven space, within the area covered by the plan: 2. The plan shall include a statement of the relationship between the plan and the general plan: and 3. Standards and criteria by which development will proceed, and standards for the conservation, develooment, and utilization of natural resources. where avolicable. D. Additional Contents for a Specific Plan. In addition to the above, the following contents shall be included as Part of a specific plan avvlication: I. A orogram of implementation measures including regulations, programs, public works Proiects, and financing measures necessary to cam out the Proiect: and 2. The Dr000sed distribution, location, and extent and intensitv of maior components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the otan and needed to sum ort the land uses described in the plan January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 132 n U • 0 0 • 0 E. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) F. Commission and Council Actions 1_ Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. against the approval of an plan, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type 11 Public Noticing (Public Hearing)). 5. Council Action on Commission Recommendations. The Council ma approve, modify or reiect the recommendation of the Commission involving a specific or corridor plan, provided any modification of the proposed plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). G. Findines. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision). H. Adoption and Amendments. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 133 applicable orovisions of the State Government Code. 2. Amendments. Any amendments to such specific or corridor plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below. a. A specific or corridor plan may be amended in the same manner as provided for adoption of a specific or corridor plan by this section. b. An amendment to a specific or corridor plan may be initiated b the Director. Commission, or Council. An amendment may also be initiated by the applicant for the specific or corridor plan 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. I. Administration Administration. Specific and corridor plans and their associated regulations shall be administered in accordance with the State Government Code. Such plans and regulations may reference existing provisions and procedures of this Code or they may develop different administrative procedures to use in the implementation of the plan. regulations shall supersede the provisions of the underlying zone as specified in the specific or corridor plan. 3. Operation and Enforcement of Develooment Codes. All uses and all development carried out, or proposed to be carried out, within the boundaries of an area for which a specific Plan or corridor plan has been adopted must comply with the requirements, standards, regulations, and all other provisions set forth in that specific plan or corridor plan in addition to all other provisions of law. Any failure to comply with a requirement, standard, regulation, or any other provision set forth in an adopted specific plan or January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 134 0 • 0 0 E corridor plan shall constitute a violation of the Code. All such violations shall be subiect to the enforcement provisions of the Municipal Code. J. List o(Specifrc Plans. The following specific plans are added by reference, together with all maps and provisions pertaining thereto: Specific Plan ^Number Specific Plan Name Ordinance of Adoption Date of Adoption I North Valencia 97-020 11/04/1997 2 North Valencia Il 00-001 1/11/200 3 Downtown Newhall 05-018 11/22/2005 4 Porta Bella 95-006 10/12/1995 5 * Canyon Park 86-022 12/23/1986 6 Vista Canon 11-010 5/10/2011 * Approved by Los Angeles County and annexed into the City on 09/11/12 K. List of Corridor Pians. The following corridor plans are added by reference, together with all mans and provisions pertaining thereto: Corridor Corridor Plan Name Ordinance of Adoption Date of Adoption Plan Number 1 I Lyons Avenue TBD TBD January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 135 17.28.120 Zone Chances and Amendments. SUBSECTIONS: A. Purpose. B. Initiation. C. Review Authority and Related Procedures. D. Application Filing. Fees and Project Review. E. Project Notice and Required Actions. F. Commission and Council Actions. G. Findings. H. Additional Requirements for Zone Changes. I. Additional Requirements for Amendments. J. Change of Zoning Mai). K. Consistency with Proposed Zone Changes or Amendments. A. Purpose. This section provides procedures and criteria for zone changes and amendments of zoning maps, and this Code, whenever the Council determines that public convenience, general welfare, and/or zoning practice justify a zone change or an amendment. All such zone changes and amendments shall be made pursuant to the provisions of this Code and Title 7 (Planning and Land Use) of the State Government Code. A prezone for areas to be included in an annexation area shall be considered a zone change in accordance with this Code. B. Initiation I. Initiation by the City. A zone change or amendment to the zoning trap or this Code may be initiated by the following: a. Council. The Council may instruct the Director to initiate a zone change or an amendment; b Commission. The Commission may instruct the Director to initiate a zone change or an amendment: or C. Director. The Director may initiate a zone change or an amendment. 2. Initiation by the Applicant. In the case of a zoning map amendment, it may also be initiated by the filing of a Class VII application. 3. Urgency Ordinance. In the case of the Zoning Ordinance, the Council may also adopt an urgency measure as an interim ordinance in compliance with Section 65858 of the State Government Code. January 2013 1 DRAFT Chapter 17.03 - Permits and Applications Page 136 n U • 11 11 • 0 application and amendment review established in this Code. D. Application Filing. Fees. and Project Review. Applications for a zone change or amendment shall be in compliance with Chapter 17.28 (Class VII Applications — Legislative). E. Praiect Notice and Required Actions. 1. Public Hearings and Notice Required. The notice of the public hearing shall be in compliance with Section 17.06.110 (fie 11 Public Noticing (Public Hearing)). 2. Additional Area May be Included. Where an application is filed requesting a zone change, the Director may elect to expand the boundaries of the area to be studied when, in the opinion of the Director, good zoning practice justifies the proposed expansion. F. Commission and Council Actions. 2. Commission Recommendation. A recommendation by the Commission relative to a zone change or amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a zone change or amendment. the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review). 3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). 4. Public Hearing by Council. After receipt of the Commission's affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)). January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 137 5. Council Action on Commission Recommendations. The Council may approve, modify or reiect the recommendation of the Commission involving a zone change or amendment, provided that any modification of the proposed zone change or amendment by the Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing. 6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings). G. Findings. The Council shall approve an application only after the aoolicant substantiates the required findings per Section 17.06.130 (Findings and Decision). H. Additional Requirements for Zone Changes. 1. Principles and Standards for Zone Changes. The Council shall approve a zone change only after the aoolicant substantiates all of the following required findings: a. That modified conditions warrant a revision in the zoning map as it pertains to the area under consideration; b. That a need for the proposed zone classification exists within such aroma C. That the particular property under consideration is a proper location for said zone classification within such area: i. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice: and ii. That the proposed zone change is consistent with the adopted general plan for the area unless a general plan amendment is filed concurrently and approved with said zone change. 1. Additional Requirements for Amendments. 1. Principles and Standards for Amendments. The Council shall approve an amendment other than a zone change only after all of the following required findings can be substantiated: January 2013 1 DRAFT Chapter 17.03 - Permits and Applications Page 138 11 Is 0 0 r� 0 plan; a. The amendment is consistent with the adiacent area, if applicable; b. The amendment is consistent with the principles of the general C. Approval of the amendment will be in the interest of public health, convenience, safety, and general welfare and in conformity with good zoning practice: and d. The amendment is consistent with other apRlicable provisions of this Code. e. Is necessary to implement the general Plan and/or that the public convenience, the general welfare or good zoning practice iustifies such action. J. Change of Zoning Map. A zone change shall be adopted by ordinance and shall become the zoning for the property. The City Clerk shall notify the County Assessor of any changes of zone within ninety (90) calendar days of adoption by the Council. K. Consistencv with Proposed Zone Changes or Amendments. Upon the determination of completeness by the Director of a zone change or development code amendment, a permit and/or aoolication may be approved for the erection, construction, alteration, or change of anv building, structure, or improvement covered by the Proposed zone change or amendment which would conform to the requirements for the proposed zone. Permits and/or applications for the erection, construction, alteration, or change of any building, structure, or improvement in compliance with the existing zone and/or amendment under consideration, shall be held in abeyance until the effective date of the proposed zone change or amendment. January 2013 1 DRAFT Chapter 17.03 — Permits and Applications Page 139 0 Chapter 17.05 Legal Nonconforming Uses, Lots and Structures Seetiens SECTIONS: 17.05.010 Purpose. 17.05.020 Continuation and Maintenance. 17.05.030 Discontinuation of D+,gLegal Nonconforming Use. 17.05.040 Restoration of a Damaged Structure. 17.05.050 Elimination of Pfe-c*'stkig-Legal Nonconforming Uses and Structures. 17.05.060 Zoning Compliance Review. 17.05.010 Purpose This seetienchapter is intended to allow for the continuation, maintenance, and limited expansion of uses Iots and structures established in compliance with development codes in effect at the time of establishment of the use or structure but not in compliance with current development codes. • 117.05.020 Continuation and Maintenance. LJ A. A use legally occupying a structure or a site, as of the effective date of this eedeCode, that does not conform with the use regulations or the performance standards for the zone in which the use is located shall be deemed to be a pre existing -legal nonconforming use and may be continued in perpetuity, except as otherwise provided in this seetienchanter. B. A structure, legally occupying a site, as of the effective date of this eedeCode, that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located, shall be deemed to be a pre w4sting-legal nonconforming structure and may be used and maintained in perpetuity, except as otherwise provided in this see4enchapter. C. Routine maintenance and repairs may be performed on a structure or site, the use of which is pro w•i.fing and legal nonconforming. D. A structure which does not meet the property development standards of the zone in which it is located shall be permitted to expand up to the RARfloor area ratio permitted for that zone in the event that the Director ^' r .. n� ,e'o"- ent determines that the expansion will not increase the degree of nonconformity, or adversely affect or be January 2013 1 DRAFT Chapter 17.05 — Pre -Existing Legal Uses and Structures Page 1 materially detrimental to, adjacent uses, residents, buildings, structures, or natural • resources. 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 conditional use legally established prior to the effective date of this develepment -.Code, or prior to the effective date of subsequent zone changes or amendments to the aevelepfneat -.Code, shall be permitted to continue and be permitted to expand or be modified pursuant to Qiapte:4-7,044he Code. G. A parking lot previously constructed with or without a surplus of parking spaces over what was required at the time of approval of the development shall be subject to the parking provisions of 6hapterSection 17.4$51.060 (Parking Standards) of this eedecode for all new uses or structures, notwithstanding general office and retail uses for developments approved by Los Angeles Countv and remaining in conformance with such .. � • ee+rasa:c���ni:�+afre�.:sr.�:evrz�nr_!+nn�t��ee+�s• 6H. When interpreting setbacks for a residential use in a residential zone that are legal, nonconforming, new construction shall be permitted to maintain/continue the existing neneen€erniitysetback, provided the structure does not further encroach into the existing • setback area by either further reducing the existing setback, or expanding (either vertically or horizontally) the building square footage by more than 20%. Any further enereaehffleat i...e the ,...tablis eaexpansion in excess of the 20% described above, or any further reduction in the setback shall be considered an increase in the degree of nonconformity and will be required to obtain the appropriate adjustment or varianee 1. A lot that was legally created, as of the effective date of this Code, that does not conform with the Code regulations for minimum lot size or dimensions for the zone in which the lot is located, shall be deemed to be a legal nonconforming lot and may be utilized for a structure that would otherwise be allowed in that zone as long as all development standards are achieved or an adiustment or variance, whichever is applicable, is obtained for any such standards that cannot be achieved. 17.05.030 Discontinuation of Pe Existing Legal Nonconforming Use. Whenever a pre e*istiag-legal nonconforming use, or use of a pre existinglegal nonconforming structure, has been discontinued or changed to a conforming use for a continuous period of one hundred eighty (180) calendar days or more, the pre existing -legal nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use, unless the Director is notified • January 2013 1 DRAFT Chapter 17.05 — Pre -Existing Legal Uses and Structures Page 2 • in writing of the intent to resume and has approved a schedule for resumption of said use. This provision shall not apply to fnelti tenaw ht*ildiags tialess pfe existinglegal ,.a , forte hundred eighty (180,.,.lead.._ days o fnefe. (04 nn z voinn. n_a nc 1 c2 1,125,105; Ord. nc 19§2 ivi�ine� 17.05.040 Restoration of a Damaged Structure. A. Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty (50) percent or more, the structure may be restored and the pre erasti legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of re-establishment. B. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the • minimum cost of construction in compliance with the building code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use. • C. Whenever a structure is damaged less than 50%, the structure shall be replaced to its legal nonconforming status or replace the structure with a structure in conformance with the Code. 17.05.050 Elimination of PEik'^'ingLegal Nonconforming Uses and Structures. A. Any unscreened outdoor storage (illegal under the provisions of the Los Angeles County EedeTitle 22) shall be screened in compliance with the provisions of this development eedeCode within one year of the effective date of this develegment-sCode. B. With the exception of signage, uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but made pre e*isting legal nonconforming by this Code shall be allowed to continue and/or remain. D~ e*ist kg4eo Legal nonconforming signage shall be eliminated as follows: Signs as prohibited by subsection (U) of Section 17.49-?-1$51.080(Sign Regulations (—Private Property)), thirty (30) days. January 2013 1 DRAFT Chapter 17.05 – Pre -Existing Legal Uses and Structures Page 3 0 2. In the case of outdoor advertising signs or structures in residential eaal zones, and notwithstanding any contrary provision of this title, such signs and structures shall be discontinued and removed pursuant to and as allowed by California Business and Professions Code Sections 5412.1 and 5412.2 as follows: Fair Market Value on Date of Notice of Removal Requirement years Allowed to Remain Under $1,999 2 $2,000 to $3,999 3 $4,000 to $5,999 4 $6,000 to $7,999 5 $8,000 to $9,999 6 $10,000 and over 7 The amounts provided in this section shall be adjusted each January 1st from and after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. • 3. All other signs and sign structures, nine (9) years from November 13, 1990. 17.05.060 Zoning Compliance Review. Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director Devele-•-•:e-` that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated. (9r- 01- c 2iw0, n_a nc 1 c o 1,125,105; Ord nc 19 c 2, 1243r'061 January 2013 1 DRAFT • Chapter 17.05 — Pre -Existing Legal Uses and Structures Page 4 0 • • Chapter 17.8711 DEFINITIONS SeeliensSECTIONS: 17.11.010 Purpose. 17.0711.818020 Definitions (A_Z). 17.11.010 Purpose. It is the purpose of this chapter to provide definitions of terms and phrases used in the Code that are technical or specialized, or that may not reflect common usage. If a definition in this chapter conflicts with a definition in another provision of the Santa Clarita Municipal Code, these definitions shall control for the purposes of the Code. If a word is not defined in this chapter, or in other provisions of the Municipal Code. the Director shall determine the correct definition, giving deference to common usage. 17.0711,018020 Definitions. Words, phrases and terms used in this eCode have the meaning assigned to them by the Director -et Community Develepmem. When not ineonsistent with the eemext, words used in the present tense i-elud ;he fiiture; words in the singulaf number melude the phiml; and these in the plural flumlwr inehide, Ae sing -alar. The wind "-hall" is mandatefy; 6.,.word "may" . Any interpretation of a word, phrase or term shall be in conformance with Chapter 17.04 (Interpretations). A. Definitions, "A." "Abut," &Bell-inean4Two (2) adjoining parcels of property with a common property line, including two (2) or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way, which shall be considered street frontage. "Adjacent" or "contiguous" shall mean the same as abutting. `Access= or =access way-' shall-mean-tThe place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this develop .e n Ceode. Accessory building or structure. A detached subordinate building or structure, the use of which is incidental to that of the main building or main use of the land, which is located on the same lot or parcel of land and is located in the same zone as the main building or use. "Accessory useshall-mean-eA use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. Activity Area. A neighborhood -serving retail center, eenerally located in a residential area, with supportive commercial uses such as grocery stores, restaurants, personal services, and retail sale of specials goods. "Adult"_shall mean a— person who is eighteen (18) years of age or older. January 2013 1 DRAFT Chapter 17.07 - Definitions Page 1 Adult Business. The followine terns and phrases are defined for the ourooses of Chanter 17.61 (Adult • Business Reeulations). !.`-'Adult bookstore'=_sh ball- warraAn establishment that devotes more than fifteen (15) percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock -in -trade and does not devote more than fifteen (15) percent of the total floor area of the establishment to the sale of adult only books and periodicals. 2_�Adult cabaret_shall-mean-eA nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 3. !-Adult hotel or motel!--. shall mean aA hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of • specified sexual activities or specified anatomical areas. 4_``Adult motion picture arcade!-. shall Any place to which the adult public is permitted or invited where coin or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image -producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation of patrons. 5_``Adult motion picture theater'=_shall-wRaftaAn establishment, with the capacity of €rfty-five (54)) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 6. !-Adult tanning salon'=_ahe8 mean aA business establishment where patrons receive tanning services in groups of two (2) or more and where patrons, employees, or independent contractors thereof of the establishment expose specified anatomical areas. "Adult tanning salon" or "parlor" shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose "specified anatomical areas." An "adult tanning salon" or "parlor" shall also include a business establishment where the employees or independent contractors thereof are nude or expose "specified anatomical areas." January 2013 1 DRAFT Chapter 17.07 — Definitions Page 2 0 • 2.—! -Adult novelty store'=_is-aAn establishment having, as a substantial portion of its stock -in -trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate, "specified anatomical areas," or "specified sexual activities," or goods which are designed to be placed on or in "specified anatomical areas," or to be used in conjunction with "specified sexual activities," to cause sexual excitement, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas. • r1 U 8. Anatomical Areas. See "Specified anatomical areas." 9. EmWovee. A person who works or performs in and/or for an adult business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and regardless of technical status as empllovee or independent contractor. 10. Escort. A person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 11. Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its urimary business purposes for a fee, tip, or other consideration 12. Individual viewing area. A viewing area designed for occupancy by one person No private viewing areas shall be established, maintained, or authorized, and there shall be no doors curtains stalls, or other enclosures creating a private viewing area. 13. Massage parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation electric or magnetic treatments or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment manipulation or service related thereto exposes "specified anatomical areas." The definition of "adult business" regarding the ` oractice of massage" does not annly to any licensed physician surgeon chiropractor or osteopath office nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, not by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program. 14. Nude or state of nudity. The appearance of human bare buttock, anus, male genitals female genitals, or the areola or nipple of the female breast 15. Permitted or licensed premises. Any Premises that requires a license and/or permit and that is classified as an adult business. 16. Private viewing area. An area or areas in an adult business designed to accommodate no more than five (5) Patrons or customers for purposes of viewing or watching a nerformance picture show, film, videotape, slide, movie, or other presentation No private viewing areas shall be established maintained or authorized and there shall be no doors curtains stalls or other enclosures creating a private viewing area. 17. Regular and substantial course of conduct shall mean: January 2013 1 DRAFT Chapter 17.07 – Definitions Page 3 a. Devotine more than fifteen (15) percent of total display area to the display of sex -oriented • merchandise or sex -oriented material; or b. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any ten (10) or more separate or consecutive days within any thirty (30) day period; or C. Deriving at least fifty (50) percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 18. Semi-nude. A stage of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the bodv covered by supporting straps or devices. 19. Semi-nude model studio. Any place where a person, who appears semi-nude or displays "specified anatomical areas," is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. 20. Sex -oriented material. Any sex -oriented merchandise, or any book, periodical magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. 21. Sex -oriented merchandise. Includes but not be limited to dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with • orifices, simulated and battery operated vaginas. 22. Sexual encounter establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical area. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or ran parlor and other similar establishments. 23. Specific anatomical areas shall mean: a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 24. Specified criminal acts. Acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult business including but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering. 25. Specified sexual activities shall mean: a. The fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts; or January 2013 1 DRAFT Chapter 17.07 — Definitions Page 4 • • 1 b. Sex acts, normal or nerverted, actual or simulated, including intercourse, oral copulation or sodomy: or C. Masturbation, actual or simulated: or d. Excretory functions as part of or in connection with any of the activities set forth in subsections (4-a) through (3c) of this definition. 26. Substantial enlargement of an adult business. An increase in the floor areas occupied by the business by more than fifteen (15) percent as the floor areas exist on effective date of the ordinance codified in this definition. 27. Transfer of ownership or control of an adult business shall mean and includes any of the following: a. The sale, lease or sublease of the business; or b_ The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means: or C. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. 28. Waiter or waitress. A man or woman who waits on tables. "Alley ^" " Any highway as defined in Chapter 12.08 of the Santa Clarita Municipal Code, having a width of less than twenty-six (26) feet, not provided with a sidewalk or sidewalks. • "Ambient noise level' __ean '"- General noise level in the area at the shall��F_ given time. "Amphitheater" shall mean all ..,.Fed o paFt:all, enelesed building ., struepaFe used for ...,1sifewses, steek shows, and conventions. Amphitheater ineludes J:.. stadium, spefts afena, and outdeer but shall r"1 : el, de arkaeeessery buildings l. OF StFdettIFe9_ Anatomie.al A wee See "Q.,eei Pied a eel a Animal Breeding. See "Kennel." -`Antenna_" t�Tieally Typically ffwaf s,a metallic device used in communications which transmits or receives radio signals. `Antenna equipment!' Eneans aA cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna. `Antenna heightL' Paeans tThe vertical distance from the existing or proposed grade, whichever is lower to the top of the antenna or its support. `Antique_'-' A" -'%A work of art, piece of furniture, or decorative object made at an earlier period and at least fifty (50) years in age. • January 2013 1 DRAFT Chapter 17.07 - Definitions Page 5 "Antique shop Or „meanst@Fewhiehshall items whieh are by theif • tde.. enl. sidered to be o f anethef a llibl style, vo„ and a 6oeete t and of heirloom quality. These items shall be m PFePeF 'A'64Emg ordef of Festered to wedEiog eonditioo. Seeeiidband of t"fi items are not eansidened `Apartment"" shall A dwelling unit in an apartment house. "—Apartment house" sh-' — A building, under the same ownership, containing three (3) or more dwelling units, designed for occupancy by three (3) or more families living independently of each other. "Approved" OF 1'ap ...e..vl by i T.. _,.r fenee the Qq to aii . for a Wilding mean the Gity's issuanee of a boilding t" pefmit authorizing pphoatioe p oefistmetion of a residential development. nit shat development permit, shall mean the appfeN,al or eenditietial appFoval of seeh a permit by Commission, of,:ett e C'Am...:.. e denies approval e. e.,., such peEmit, of ..d:tionally a .al. a bot the or eonditional ifn sitio.. of one approval of any sueh .. FneFe nd:t:ens attael.ed pefmit by the Council. t .e6 a -a is appealed, de .el ..ppFo applied sail Ffleohgnies and- foundatign engmeermg; whish is equipped to peffefffl and eenify the tests and pFeeedures required in: this diNision; and whieh operations are eendueted ander the Fespen ADnrovin a Authority. The ADDroving Authority is the decision maker who ultimatelv annroves • the proiect. —Architectural treatment'—'shall-Shall include any parapet, projection, cornice, screen wall, etc., that is used to provide articulation when breaking up building massing. Signs shall not be considered an architectural treatment and must be designed in accordance with this Geode. "Area of benefit" 4-'4 mes„A A specified area wherein it has been determined that the real property located therein will benefit from the construction of a bridge and/or major thoroughfare or other designated improvement. "Area of special flood hazard_" �—t The land in a floodplain, as identified by the Flood Insurance Rate Map (FIRM) of Los Angeles County, subject to a one percent or greater chance of flooding in any given year. "As graded" stall mean the suitFaee eonfi uFation upon e, millet:..., of grad:...,, `Attached_" shall a Any building or structure that has a wall or roof in common with another building or structure. January 2013 1 DRAFT • Chapter 17.07 — Definitions Page 6 • ``Attic_"" &he's, eanz That part of a building that is immediately below and wholly or partly within the roof framing and not accessed by permanent fixed stairs, ladders or other such equipment from the floor below. • • B. Definitions, "B." "BaFR�AM animal" shall mean animals ineludifig, but Fiat limited to, cews, haFses, duelEs, goats-, eh:,.ve.... de..lae.... ..hee.. ne...,,.. ..Fiae..a. Pigs,....1 el..ee,.a. --Base or underlying zone." s`-'— The primary zone established on the official zoning map of the City as an alpha symbol on the property or lot. All requirements of the base zone must be met in addition to any overlay zone and special uses and conditions of this ae.�.elapffiant-eCode. -Basement"" ShRII beam Defined as a story, that is either aAhethef partly or completely underground. When calculating the number of stories of a structure, a basement shall be counted when greater than one-half (1/2) of any given side is above grade. When calculating height of a structure, measurement shall be taken from the lowest point of the building to the highest and shall always include any exposed portion of a basement. "Be(IFOOEX shall inean tjhe relatively solid, uHdistur-bed reek in plaee eitheF at the ground suffaee er he..eeth ......feial deposits of. raves ....AL.-a.eil "Benet.." shall mean e A le..el e e that inteFfapts a slope e e,ed for sash purpose falls,limit reek to a Block. The parcels or buildings contained within a segment of a street bounded by consecutive cross streets or intersections. "R6F .a,..a+,.hell ...eee ee.«h ...a tori l gee..: -ed £-,.iii as off rite leeatio , for use in .Faith.g an a s4e .Pit" shall Mesa say .Lige On a le. or ,.el .,f l,._.a ..,here ,1:.4sail el.... deee., posed gfanite aF other similar material is FeFHOVed by elieaValiOR Of Othel-WiSe fOF an), purpose othef thaa ski g site tfaaspef4. «`Bridge facility_"" -h-'l� m �-^-- ee Any crossing for a highway or local road, involving a railway, freeway, stream or canyon, which is required by the General Plan_ in e_de_ to ee -- F)dA'e ..e ••-hnn "Buildable area."" sl'e'w A legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this a^-�•a.ert-Ceode, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof. -Building" he's z„ "eaa a Anything constructed having a roof supported by columns or walls for the purpose of housing, shelter or enclosure. January 2013 1 DRAFT Chapter 17.07 - Definitions Page 7 "Building mounted" ineans niounted to the side of a building, to the faeade of a building or to the side n of sioailar stfuetafe, but not to a inelade the roof of any stfuetare. "Building site" shall mea" that paFtion of the lot oF paFeel of land upen whieh t4e building a appuAenanees are to be plaeed, er are already a,ineluding adequate aFeas feF sewage disposal; elearanees appropriate easoments if AE�inRReeS , , , ------ --------- whieh, due to the appheaIien of this development E;E)(le or any ameadment , .:,6 all the. applieab a standards of de;oa1.._.«.,..., in ,1.,. m. a in which it is loeated Building Code. The adopted building code for the City of Santa Clarita and all amendments with the Municipal Code and as approved by the Council. —Building Oofticial_" -'�g1 The Director of Public Works or the duly appointed person in charge of the administration of the building codes. "Building site_"" shall mean 4 That portion of the lot or parcel of land upon which the building and appurtenances are to be placed, or are already existing, including adequate areas for sewage disposal, clearances, proper drainage, appropriate easements and, if applicable, the requirements of other ordinances. • C. Definitions. "C." .r..a+�..snsM `California Coordinate System_''-' shall--wwA+-tThe coordinate system as defined in Sections 8801 through 8819, inclusive, of the California Public Resource Code. The specified zone for the City of Santa Clarita is "Zone 5" of CCS83 and the official datum is the "North American Datum of 1983.'+ u a + areas, iosioding pie but exelediR.- -`Canopy.''-' skal A small roof or awning attached to the wall of a structure which is supported by no means other than its attachment to the wall. "Caretaker,'-' shall- mean aA person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land. `Carport_'-' shall-mean-aAny structure or portion of a building or structure open on three (3) sides, other than an attached or detached garage, used to shelter vehicles, in addition t. and not a replaeement f__ a garage. January 2013 1 DRAFT • Chapter 17.07 - Definitions Page 8 0 • -`Centerline_''-' of any highway shall mean The centerline established by the Eeunty-Cjt3LEngineer for any proposed or dedicated public way which, in whole or in part, is included in any such highway. -Said establishment eentedifies afe these sheNffl en a series of maps entitled Ceenty Sunvyer's Map& -of County sotweyef's Field Maps on file in the effiee 9� the County Engineer, exeept ;hat whet:e twe (2) er eenteflifie" is deem -ed tA I;p the Renter4ine of the highway. `Certificate of compliance_'-'--'--'� all mean RA document describing a unit or contiguous units of property and stating that the property complies with applicable provisions of the State Subdivision Map Act and City ordinances enacted pursuant thereto. i'City,'-' shall-meen-tThe City of Santa Clarita, a municipal corporation. L'City engineer'-' ^'--' The Director of Community Devel^^• ientPublic Works or the duly authorized representative(s). -`City Surveyor_'-' s'--',. �„-,;,ean-The City Engineer or the duly authorized representative(sl.: --Civil Engineer_'-' shall mean A professional engineer registered in the State to practice in the field of civil engineering. Civil Enaineering. The application of knowledge of the forces of nature, principles of mechanics, and properties of materials, to the evaluation, design, and construction of civil works. aTV F!!M.SilS:E'fflTT�lfLTdtY.l.�!!REF�f .. .. .... .. ... .. .. `Club.''-' shall-tttean n association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service as a business for profit. -`Cluster development!'' shaA-mea*4The concentration of dwelling units on a portion or portions of a lot or parcel of land resulting in the remainder of said lot or parcel being free of buildings or structures, as opposed to development spread throughout the entire lot or parcel. Such development shall be accomplished by computing density on a project level rather than a parcel -by -parcel basis, and by the use of smaller lots than are customarily permitted in the zone in which the development is proposed, while retaining the remaining portion of such lot or parcel in permanent open space. January 2013 1 DRAFT Chapter 17.07 - Definitions Page 9 "Gommorpon'lin dbHl" shall mean any haiidbill -Ahieh is distributed fef the purposes of advetlising �ef ef this part, "eemmeFeial handbill" means and inelu&s the distributieft of eireulation of samples -Of goods, wafes, and fnefeliandise. `Commission_''—' shall mean tThe Planning Commission of the City of Santa Clarita. `Community apartment_!'' shall mean aA development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. —'Condominium.L' `""" mogn AAn estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building or buildings on such real property, such as an apartment, single family residence, e€€ieof�e or store. i'Condominium conversion.'» shall mean The conversion of rental units, residential, commercial, or industrial units into a condominium project. "Contiguous parcel of land.''—' shall mean tThose units of land which border or abut each other on any • side, and which are shown as such on the latest equalized assessment reveal of the County of Los Angeles. Land shall be considered as contiguous units, even if it is separated by -ds-, , utility easements or railroad rights-of-way. `CouneiV shall mean The City Council of the City of Santa Clarita. `County.'—' shall men Mic County of Los Angeles. i -'County Recorder.22shall fflean The County Recorder of the County of Los Angeles. `Crawl space_L' shall mean tThe space between bare soil and the underside of the fust floor or basement of a structure. Crawl spaces shall not exceed a height of four (4) feet. In cases where the height exceeds four (4) feet, the area shall be considered a basement. —Cul-de-sac.L' shall mean street which is designed to remain permanently closed at one end. For the purpose of this 44eCode, the length of a cul-de-sac shall be measured along the centerline of the cul-de- sac from the point where the centerline terminates within the turnaround to the right-of-way line of the street with which the cul-de-sac intersects. .... ..:��en�,.r.�n�rx�eenRe�rrarxnaa!�e�r:enarfrn�nrara!!�e�e -- January 2013 1 DRAFT Chapter 17.07 — Definitions Page 10 11 0 E "Cut slope (Iaee)" shall fflean afly baiik ef slope that has been ereated by a a D. Definitions, "D." «Day spa„ providingf�eials masks,+massage beauty tFeatFAefi; without m c —Density,'—' shal zThe total number of dwelling units permitted on a gross acre of land exclusive of all existing public or private streets and rights-of-way. 03 k.,a, . ...,rr ....rs ae: ,�e oe..se .nom..... ra�rn=s; a:rwr�n: x!�ir.�ns,..: _'O s:arat�iaan_ a ...�:.........,._: _...._._...:...._.. "Developer—' shall mean aA person, firm, corporation, partnership or association, or a combination thereof, who proposes development. —Development''—' shall mean aAny manmade change to improved or unimproved real estate, including but not limited to the construction of new or modification to existing buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. `Development projectL' shall aAny project undertaken for the purpose of development. Development project includes a project involving the issuance of any permit for construction or reconstruction, but not a permit to operate. `Director_-- shall mean The Director of Community Development, or department in charge of administering Titles 16 and 17, of the City of Santa Clarita or duly authorized representative(s). w..r..+arc:+�rmu*ssn�e+. er.*r a�r.!esens!xa. ............. -- - - "TvFMuito"', shaxr rncv» a building intended a used prineipally fef sleeping, a .adatie.., where `Driveway,!'s"ala a„-�A paved (or unpaved in the Special Districts of Placerita and Sand Canyon and lots over a half quafter-acre) path of travel, connecting a public or private street to a garage, carport, accessory structure, side yard, or the same/adjacent public or private street. E. Definitions, "E." ncrrrl - • - • - - -........ - • - - - - .. January 2013 1 DRAFT Chapter 17.07 — Definitions Page 11 `Enclosed patio_L' shall-ilncludes any improvement or addition which encloses an existing open air structure with the intention of expanding the floor area of the residence. "Engineering geologie report" shall fflean a Fepei4 prepaFed under the supen,ision of an efigineering "Engineering geelegist_" shall F ean aA geolegist eeftif4ed b5 the c•atL t- ceelegy. "Engineering geology" shall mean the application of geelegie knowledge ....d p :,.le,. :., «he "Environmental document,'-' shall mean aDocumentation prepared in accordance with the California Environmental Ouality Act (CEOA) which can include, but is not limited to, an environmental impact report, mitigated negative declaration, or a negative declaration. "Eroswen" ..1.,.11 mean the .......,ess by .. hiek the ground ...wla-ee is .,.. ay as a fes It of the "Essageney"hall mean a persaft of business asseeiatieH ...he furnishes ess _s to funaish , of ath� eensideratien. aaS...,.,yation " shall mean .. A set h.. Ahieh soil e,.d gfa..elE)F Feek- is cut into, dog, Epiafr-ied-, -'Explosive_L' ^ '� n-�a�aAny substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not be limited to, the following: 1. Substances determined to be Class A and Class B explosives, as classified by the United States Department of Transportation; 2. Nitro carbo nitrate substances (blasting agent), as classified by the United States Department of Transportation; 3. Any material designated as an explosive by the State Fire Marshall; 4. Certain Class C explosives, as designated by the United States Department of Transportation, when listed in regulations adopted by the State Fire Marshall. The term "explosive" shall not include the following: January 2013 1 DRAFT Chapter 17.07 - Definitions Page 12 • a. Small arms ammunition of 0.75 caliber or less when designated as a Class C explosive by the United States Department of Transportation; b. Fireworks regulated under Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code. • C� ............ "embonlEment" ... ... ... ... ... . . With:.. the ..ast ele..e_g.e.....,..a (11,999) shall e a d&pesit reek, al4ifieia'l F. Definitions. "F." !'Family_" s ', mean aOne (1) or more individuals living together as a single housekeeping unit in a single dwelling unit. Family shall also mean the persons living together in a licensed "residential facility" as that term is defined in California Health and Safety Code Section 1502(a)(1), which services six (6) or fewer persons, excluding staff. "Fault" "embonlEment" 60116idefed aetiVe 4 thR fERAMMARPt has 068tiffed With:.. the ..ast ele..e_g.e.....,..a (11,999) `Fee,''-' shall meaftaA monetary monetary reuuirementaetie+3, other than a tax or special assessment, which is charged by the City to the applicant in connection with approval of a development project for the purpose of defraying all or portions of the cost. of pa_'. faoil:t.es related to the _a_k deyel...... ent development agFeefflents adopted PUFSuant to 6aliele 2.5 of Chapter 4 of the Govemment Ce (ewiiFaefiein.- "Field " shall mean the eivil engineer Fespensible for peffeRiiing the fiiiietions as set faFth in IfEYJ• '"Oede. "Figure modeling studit." shall fnean a�Any establishment of besifiess whieh pfavides fef fflembefs of l.l:,. the se a ,.F a live human model F f the ..F..........,1....:.... the l,, m n body, . 1, II 711f+-rr,.ao, e,. Y..., r a ]+ ^z'v,rTor pal4iallyill y r c ar + painting, c+ c+OF other r Fire Department. The Fire Department for Los Angeles County or duly designated representative. "Fill" or "embonlEment" shall e a d&pesit reek, al4ifieia'l Neafts. +safld, b + u buildim (gross)." b January 2013 1 DRAFT Chapter 17.07 - Definitions Page 13 Frontage, Building. "Building `-anlage' �The exterior building wall of a ground floor business establishment on the side or sides of the building fronting and or oriented toward a public street, or highway-er par#way. Building frontage shall be measured continuously along said building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall. Frontage, Street or Highway. "Street OF `ighWO frontage" shall ---e^- 'That portion of a lot or parcel of land which borders a public street, or highway-oppafkway. Street or highway frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, or hi wa kwa• gh Y�• Fuel-efficient vehicle. See "low -emitting vehicle." G. Definitions. "G." -Garage'-' skall mean aA detached accessory building or a portion of a main building on the same lot • for the parking and temporary storage of vehicles. G arages shall haN,e tweaty (20) feet by twenty islesFS, d....ers and .. e- ,.ease -s , , , , , -`Gate.L' shall .ear—aAny barrier across a roadway that restricts the access of vehicles and/or pedestrians. For purposes of gating, a roadway shall also mean driveways. -``General Plana ehaH-n+ea&4The General Plan of the Cityo -Sa ta-0 a:ta, and shall consist of the General Plan maps and text and any amendments adopted by the -04y Council. geologist"Geohydrelogy" shall mean all gfoundwater, iniefmation, well development reqeiretHents and seepage January 2013 { DRAFT . Chapter 17.07 - Definitions Page 14 of engineering Geeph ysieist get eolegy issued of the Business by the Staw of Califemia and n..afessiaas rade ....de.. pfevisions ..f the Geologist aad "Geoteehnieal shall a whieki eenta:ns all eelegir appropriate report" mean psis ail eagineeFing, bines both e geology and soil t "Grade" stall mea., theye.+:eal elevatian of the gfoand s..-Fsoo i "E*I..ting" or "-...t......1 grads." shall mean q:he gFound suf&ee prieF to grading 2. "FiHqSh gFade." shall fnean tqzhe final grade of the site whiek eenfefms to the appfeved plans. January 2013 { DRAFT . Chapter 17.07 - Definitions Page 14 n u tom* Grading The following terms and phrases are defined for the purposes of Division 17.80 (Grading). 1. As Built Grading Plan. A grading plan that is prepared at the completion of grading activities that demonstrates the as built conditions as required in Chapter 17,88 (Grading Desienation and Location). 2. As graded. The surface configuration upon completion of grading. 3. Bedrock. The relatively solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of alluvium, colluvium, and/or soil. 4. Bench. A relatively level step that is excavated into earth material onto which fill is to be placed 5. Best Management Practice (BMP). The practices, prohibitions of practices, or other activities to reduce or eliminate discharee of pollutants to surface water. BMPs include structural and nonstructural controls, management practices, operation and maintenance procedures, and system, design, and engineering methods. 6. Borrow. Earth material acquired from an off-site location for use in grading on a site 7. Borrow pit. Any place on a lot or parcel of land where dirt, soil, clay, decomposed granite or other • similar material is removed by excavation or otherwise for any purpose other than surface mining operations or a grading proiect with off-site transport. 8. Clearing, brushing and grubbing. The removal of vegetation (grass, brush, trees, and similar plant types) by a mechanical means. 9. Compaction. The densification of a fill by mechanical or other acceptable means. 10. Cut slope (face). Any bank or slope that has been created by removing material below the pre- existing ground surface. 11. Design engineer. The civil engineer responsible for the preparation of gradin plans for the site grading work. 12. Desiltinu Basins. The phvsical structures constructed for the removal of sediments from surface water runoff. 13. Down Drain. A device for collecting water from a Swale or ditch, which is located on or above a slope, and safely delivers water to an approved drainage facility. 14. Earth material. Any rock, natural soil, or fill, and/or anv combination thereof. 15. Engineering eeoloeic report. A report prepared under the supervision of an engineering geologist providing a geologic may of a site, information on geologic measurements and exploration • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 15 Performed on the site and surrounding area and providing recommendations for remedial measures is necessary to provide a geologically stable site for its intended use. 16. Eneineering geoloeist. A person holding a valid certificate of registration as a Geologist in the specialty of Engineering Geology issued by the state of California under the applicable provisions of the Geologist and Geophysicist Act of the Business and Professions Code. 17. Engineering geoloev. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil work. 18. Erosion. The process by which the ground surface is worn away as a result of the movement of wind, water and/or ice. 19. Erosion control system. Any combination of desilting facilities, retarding basins and erosion protection, including effective planting and the maintenance thereof, to protect adiacent private property, watercourses, public facilities and receiving waters from the deposition of sediment or dust. 20. Excavation. The removal of earth material by artificial means, which is also referred to as "cut". 21. Fault. A fracture in the earth's crust along which movement has occurred. A fault is considered active if the movement has occurred within the past eleven thousand (11,000) years (Holocene geologic time). 22. Field engineer. The civil engineer responsible for performing the functions as set forth in this Code. • 23. Fill or embankment. Deposition of earth materials by artificial means. 24. Geohvdrology. All groundwater, information, well development requirements and seepage evaluations appropriate to site development. 25. Geotechnical Hazard. An adverse condition due to landslide, settlement, and/or slippage. These hazards include, but are not limited to, loose debris, slovewash, and mud flows from natural, or graded slopes. 26, Geotechnical report. A report which contains all appropriate soil engineering, geologic, geohvdrologic, and seismic information, evaluation, recommendations, and findings. This type report combines both engineering geology and soil engineering reports. 27. Grade. The vertical location of the ground surface. a. Existing or natural grade. The ground surface prior to grading. b, Final Grade. The grading stage after the grading of the site is complete, all drainage devices are installed and all slopes have been planted. C. Finished grade. The final grade of the site at the conclusion of all grading efforts without installation of drainage devices, plantings and other required improvements. d. Initial Grade. The grading stage after a site is cleared of all vegetation and unapproved fill materials. January 2013 1 DRAFT Chapter 17.07 — Definitions Page 16 • • 1 e. Roush grade.. The grading stage after a site has been graded to the approximate final elevations and drainage devices have been installed. 28. `—`Grading, sl+alI aAny process of excavation or fill or combination thereof. 29. Gradin¢ Approval. The proposed work or completed work conforms to the provisions as set forth in the Code as determined by, and to the satisfaction of the City Engineer. 30, "—Grading contractor_" shall mean—aA contractor licensed and regulated by the State who specializes in grading work or is otherwise licensed to do grading work. 31. Keyway. A compacted fill placed in a trench that is excavated into competent earth material, which is generally constructed at the toe of a slope. 32. Landslide. The downward and outward movement of soil, sand, gravel, rock or fill or a combination thereof. 33. Natural grade. The vertical location of the ground surface prior to any excavation or fill. 34. Pad. A building site prepared by artificial means including grading, excavation, filling or anv combination thereof. 35. Precise grading permit. A nermit that is issued on the basis of approved plans which show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property. • 36. Preliminary grading permit. A nermit that is issued on the basis of approved plans which show finished elevations interim building pad elevations and drainage to the degree required by the Citv Engineer. 37. Professional Inspection. The inspection required by this Code to be performed by the Proiect Consultants. Such inspections shall be sufficient to form an opinion relating to the conduct of the work. 38. Project Consultants. The nro£essional consultants required by this code, who may consist of the Design Engineer, Field Engineer, Soils Engineer, Engineering Geologist. and Landscape Architect as applicable to this Code. 39. References. Unless indicated otherwise, references in this Code to civil engineer, soil engineer, geologist landscape architect and engineering geologist refer to the professional person(s) sparing, signing or approving the project plans and specifications which comprise the approved grading or landscape -irrigation plan, or his successor. 40. Rough grade. The elevation of the ground surface established by grading that anproximates the final elevation shown on the approved design. 41. Site. Any lot or parcel of land or contiguous lots or parcels or combination thereof, under the same ownership, where grading is performed or permitted • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 17 0 42. Slope. An inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. 43. Slone stability shall be defined as follows: a. Gross stability. The factor of safety against failure of slope material located below a surface approximately three (3) to four (4) feet deep, measured from and perpendicular to the slope face. b. Surficial stability. The factor of safety against failure of the outer three (3) to four (4) feet of slope material measured from and perpendicular to the slope face. 44.Slopin2 terrain. Any ground surface having a ¢rade of eight (8) percent or more. The latest available six (6) and seven and one-half (7.5) minute United States Geological Survey quadrangles or a survev by a registered civil engineer or licensed land surveyor shall be utilized to determine such grade. 45. Soil. Naturally occurring superficial deposits, which overlie parent bedrock. 46. Soil engineer. A civil engineer registered in the State, who: a. Is engaged in the practice of civil engineering and spends a majority of his time in the field of applied soil mechanics and foundation engineering: b. Has at least four (4) years of responsible practical experience in the field of applied soil mechanics: C. Has access to an adequately equipped soils testing laboratory. • 47. Soil engineering. The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. 48. Soil engineering report. A report nrepared under the responsible supervision of a soils engineer which includes: a. Preliminary information concerning engineering properties of soil and rock on a site mor to grading, describing locations of these materials and providing recommendations for preparation of the site for its intended use: b. Grading report including information on-site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use. 49. Soil testing azencv. An agency regularly engaged in the testine of soils and rock under the direction of a civil engineer experienced in soil testing 50. Stockpile. A temporary, uncompacted fill or embankment placed by artificial means, which is designated to be moved at a later date. 51. Suitable material. Any soil or earth material which, under the criteria of this division or under the criteria of an approved geotechnical report is suitable for use as fill or for other intended purpose. 52. Sulfate (SOA A chemical compound occurring in soil or water, which in concentration has a corrosive effect on ordinary Portland cement concrete and some metals. January 2013 1 DRAFT Chapter 17.07 — Definitions Page 19 • 0 • 53. Surface drainage. Flows over the ground surface. 54. Terrace. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. it unsuitable for use as fill or for any other intended use. These Properties or characteristics include, but are not limited to, the following: organic content of the material exceeds three (3) percent: rock diameters exceeding eight (8) inches: the Presence of concrete or asphalt: or the presence of expansive soils within four (4) feet of finish grade of any area intended or designed as a location for a building. L'Gross area,L' shall mean The total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel iist:..,.a . blie st+LLts„..d easements shall not .. h_. oed reward gross ate. "G..aund mounted” Means .nted to a pole Fn ...de lattiee teweF OF other F eestanding s .etwe "Guesthouse" is a de -tae -he -d- apeess-9--py building leeated an the same propeft-y as a legal single familydwelling unit, PFON'iding tempofaf�" living gueststenipefafy f e:Gtles but no kitchefl faeilit:es and may of he F ted of tithe.wise used as e d.. ell:..., mel a pefsee sidefed t,, he guestheuse.. houses, H. Definitions, "H." "Handbill" whieh is eifeelated ef distributed, etheF than by Unifed States mail, for the pttfpese of a c fhe—par�peses�,--Skis sabseeEien, dissefainat:on of.,e...s and imelligenee,.0 "aews}aagE'F�r�3rir�--�ge�iedieal--pat-il�- ..._ .ei eh........te� a--p-�:�ar:,:�, shed ii1. feF the Hearing Officer. The Hearing Officer of the Communitv Development Department of the City of Santa Clarita or duly authorized representative(s). `Height''-' shall an tThe vertical dimension from the finish grade or lowest point of the building, structure or wall exposed above the ground surface, whichever is lower, to the highest point of the roof, parapet wall or uppermost part. Vents or utility service structures shall not be included in the measurement of vertical dimensions. "Highway-' s4aN-a3ean aA highway 4ree -shown as a freeway, major, primary or secondary highway as designated ien the Circulation Element of the City's General Plan -of -Eke -Fit -y. January 2013 1 DRAFT Chapter 17.07 - Definitions Page 19 Historic Resource' a" -ll FAegn Sstructures or site features on properties listed on the National • Register of Historic Places, the California Register of Historic Landmarks, the list of California Historical Landmarks, or the list of California Points of Historical Interest, or those structures designated under this ordinance. A listing of properties and structures designated Undo- this ,._di__nee shall be available with the Community Development Department. I. Deflnitions, "I." "Individual viewing areky" shalt Enean a A viewitig aFea designed fef e . by e peFsen Aie viewing afeas established,pfivate shall be fflaintained, or , and there shall be He f euAains stalls other crea private Individual with a disability. Individuals with a mental or phvsical disability as those terms are defined in Section 12926 (i). (k), and (1) of the State Government Code, as that section may be amended, and the regulations promulgated thereunder, or individuals with a handicap as that term is defined in 42 U.S.C. Section 3602 of the federal Fair Housing Amendments Act of 1988. as that section may be amended, and the regulations promulgated thereunder J. Definitions. "J." No specialized terms beginning with the letter "J" are defined at this time. K. Definitions. "K." Kitchen_''—' shall +Wean-aAny habitable space which includes a refrigerator and an oven or a range. L. Definitions, "L." Landscaping. An area set aside from structures and parking/driveway uses, which is developed to include predominately living, thriving, trees, vines, shrubs, flowers, grasses, synthetic turf and other plants. Porous materials, such as rock, mulch and decomposed granite, can be used in conjunction with living plant materials, however landscaped areas must be predominantly of living materials. The following terms and phrases are defined for the purposes of Section 17.51.030 (Landscaping and Irrigation Standards). January 2013 1 DRAFT Chapter 17.07 — Definitions Page 20 • 1. Estimated annual applied water use or "EAWU." The Dortion of the estimated total water use that is derived from applied water. The EAWU is calculated according to the formula set out in the landscape documentation package. The estimated applied water use shall not exceed the maximum applied water allowance. 2. Evapotranspiration rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. 3. Invasive species. Non indigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically. 4. Irrigation efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this Code is 0.71. ,_"Landscape architect'—' sha aA landscape architect registered by the State of California under the provisions of Division 3, Chapter 3.5 of the Business and Professions Code. 6. Landscape concept plan. The portion of a landscape documentation package that includes a design statement, irrigation notes, planting notes, and the plant palette. 7. Landscape construction drawings. The portion of a landscane documentation oackage that • includes the irrigation plan, plant and soils plan, and water management plan. 8. Landscape documentation package or documentation package. The complete nacket of documents required to be submitted to the Director to apply for a permit for landscaping proiects under this Code. Documentation packages include the landscape concept plan and landscape construction drawings. 9. Mulch, Any organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose, a minimum of two inches deep and apnlied to the soil surface to reduce evanoration. 10. Planting plan. A elan submitted with the construction drawings indicating a list and quantity of to ants. 11. Proiect net landscape area, landscaped area, or landscape project area. All of the planting areas, turf areas, and water features in a landscape design plan subiect to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non -pervious hardscapes, and other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation). 12. Recycled water, Water that, as a result of treatment of waste water, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 21 0 13. Soil management plan. The plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments. 14. Special landscape area. An area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing surface. 15. Turf. A surface laver of earth containing mowed grass or grasslike sedge with its roots, a groundcover surface of mowed grass, or grass -like sedge. Common types of "cool season turf' are Annual bluegrass, Kentucky bluegrass, Perennial rvegrass, Red fescue, and Tall fescue. Common types of "warm season turf' are Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass. Zoysia grass, Carex vansa. and Buffalo grass. 16. Water efficient landscape worksheet. A worksheet which calculates a site's water budget. 17. Water feature. Any water applied to the landscape for non -irrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features. 18. Water management plan. A plan submitted with the construction drawings as part of the landscape documentation package. 19. Water schedule. Schedule of irrigation times throughout a given year, -`Land development permit,''-' shall-mean-aAny approval of development or use of property including • but not limited to a minor use permit, conditional use permit, adjustment, variance, development review or subdivision. "Landslide�" Shall ffleffii 410 d8%'HWaFd aHEI @tAWaFd MOVORIOnt 4 Soil, sand, gravel, F061i OF fill Of�-a mor: "Large Etd n shall fiieaH aAny animal that "eighs three hundFedw,s hun—d- gnd �e. L'Legal lot" s"-1—anl The definantaion includes any of the following: 1. A parcel of real property shown as a delineated parcel of land with a number or letter designation, on a subdivision map or parcel map recorded in the office of the County Recorder and created in conformance with the State Subdivision Map Act; 2. A parcel of real property shown on a recorded record of survey map, lot division plat or other official map filed in the office of the County Recorder or County Engineer, when such map or plat was filed as the result of and was made a condition of a lot division approved by the County of Los Angeles under the authority of prior or existing County ordinances; 3. Any parcel of real property which existed as a separate parcel on or before March 4, 1972, as evidenced by a valid deed recorded on or before that date; 4. A parcel of real property described in a recorded certificate of compliance, approved and filed by the City of Santa Clarita in the County of Los Angeles in accordance with the State Subdivision Map Act and _eode. January 2013 1 DRAFT • Chapter 17.07 - Definitions Page 22 ``Legal nonconforming structure_!'' shall l -mean gA structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district. `Legal nonconforming use.' shall -mean -&A use or activity that was lawful prior to the adoption, revision, or amendment of this code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district. —Library facilities." means-pPublic library improvements, aril -public library services and community amenities, the need for which is directly or indirectly generated by a residential development project, including but not limited to acquiring, through purchase, lease, lease -purchase, installment purchase or otherwise, improving, constructing, altering, repairing, augmenting, equipping and furnishing real property, buildings, equipment, materials and other facilities for the conduct of public library services and programs; providing collection development and maintenance, including acquiring books, magazines, newspapers, audio-visual, electronic media, and other informational materials; and all other auxiliary work which may be required to carry out that work, such as administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring such projects, indirect costs, and other incidental expenses of providing those library facilities, or all or any combination thereof. `Licensed bed_''—' s4a4-ffwaF*-­aA bed for which a hospital holds a license to operate by the State of California Office of Statewide Health Planning and Development (OSHPD). 0 I -Line" snail fefef to heri..,.ntal 1..eation of the gF nd suf f .... —Loading space,-- shal An off-street space or berth used for the loading or unloading of commercial vehicles. Lot Types are as follows: I Corner Lot. "Cerner let" shall fnean -A lot located at the intersection or interception of two (2) or more streets, either public or private and either existing or future, at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot." • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 23 e Lot Types are as follows: I Corner Lot. "Cerner let" shall fnean -A lot located at the intersection or interception of two (2) or more streets, either public or private and either existing or future, at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot." • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 23 2. Flag Lot. "Flag let" `hall mea_ aA lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing vehicular access to the lot. The required front, side and rear yards shall be established on the main portion of a flag lot exclusive of the access strip. In addition, the access strip shall be maintained clear except for driveways, landscaping, fences or walls, which shall be subject to the same requirements for setbacks on adjoining properties fronting the same street, highway or parkway. 3. Key lot.. An interior lot adioinine the rear lot line of a reverse comer lot. 4. Interior Lot. "Interior- '""' we'll -flea- A lot other than a corner lot. A key lot shall also be considered an interior lot. 5. Reverse Corner Lot. "1 eveFse ------ lot ,,__l, -+eao ..A comer lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. 6. Through Lot. "ThFOUgh lett" shall �.ea a A lot having frontage on two (2) dedicated parallel or approximately parallel streets. right"Let eeveragk." shall faean t:Pie ratio between the ground floor aFea of the building or buildiHgs and the net area ef the let, melesive of the ultimate street `-`Lot depth_''-' sh&4gneaa4The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. -`Lot line'-' shell -tale -&Any line bounding a lot as herein defined. Types of lot lines are as follows: Il Front Lot Line. On an interior lot, the "front lot line" is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision,7r parcel map. or Director specifies another line as the front lot line. On a through lot or a lot with three (3) or more sides abutting a street or a comer or reverse comer lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of the develeptnenscCode. On a private street or easement, the front lot line shall be designated as the edge of the easement. 2. Interior Lot Line. " A lot line not abutting a street. 3. Rear Lot Line. A lot line not abutting a street, which is opposite and most distant from the front lot line. In the case of an irregular-shaped lot, a line within the let, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet within the lot. A lot which is bounded on all sides by streets may have no rear lot line. 4. Side Lot Line. "Side _ny lot line not a front lot line or rear lot line. -`Lot line adjustment'-' shell mean aA minor shift or rotation or alteration of existing lot lines or property lines between fourtwe (442) or mereless existing legal lots where land taken from one parcel is added to another, and where a greater or lesser number of lots than originally existed is not created -,end January 2013 1 DRAFT Chapter 17.07 - Definitions Page 24 L� • I whe.e the ,._e.. ,.f .,e !at :... elyed is i«.._eased a_ d .,._eased by « _e ah.... tweet.. (20) «._,.e_• provided the lot line adjustment is approved by the City Engineer. • C� —`Lot width,''—' shall !The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Low -emitting vehicle shall include: ]_Zero emission vehicle (ZEV), including neighborhood electric vehicles (NEV), partial zero emission vehicle (PZEV), advanced technology PZEV (AT ZEV) or CNG fueled (original equipment manufacturer only) regulated under Health and Safety Code section 43800 and CCR. Title 13, Sections 1961 and 1962. 2. High -efficiency vehicles regulated by U.S. EPA, bearing High -Occupancy Vehicle (HOV) car pool lane stickers issued by the Department of Motor Vehicles. "humber „ ShAll MPAn aa Stare h FP 1 h i4 4tArAd M h' AM WIA1 d h •ld' e• M. Definitions. "M." `Major thoroughfare_''—' shel, n.ea.+4Those roads designated in the trafispertatien Circulation element of the General Plan, the primary purpose of which is to carry through traffic and provide a network connecting to the State highway system. "Massage ar,19 J, shall me -.1.,,.0 .. 1.e_,. 6._ a . f ...... ..r ,. ..:A,._..t:.... Of gf4Hity, Massage, .. e . ei fled ae W Y , . «e_..e« ) «_...aiding t_eatment of with _elated the«.to aetiyities OF wh I seeh faanipulat:,... or se....:ee exposes "speeified anatemieal areas." The definitieft ef "adult business" regaFding the "praetiee ef does ., heensed «h..sioie.. ehiFe«_....te_ of ..,._ Faassage" not apply to surgeon, ie.. or osteopath by a ny .. _..,_ ... ................. ......� ..g ....... ..... ..,.^., ...,,..,. e ,.. f a liee«..ed .. .......,w physieian ehi_e«_..ete p..�o a., ..rb.'.'..vc,ccx:ropraoc-ay.'- vc osteopath, ..h..,l athl,. ,v, by ,uua..,a for aa) amateur, e ..F s el e professional athlete or athle "Massage„ heensed business that FLefeational use shall fneaft «et in eenjunetien any w4h a use Gated i., the provides adult business massage e_dinanee "May” will Faean —`Mezzanine_''—' shell--rnean-eAn intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total of any such mezzanine floor exceeds thirty-three and one-third (33-1/3) percent of the total floor area in that room, it shall constitute a story. A clear height above or below a mezzanine floor shall not be less than seven (7) feet. A loft shall be considered a mezzanine. i'Minor land division_L' shall mpgR AA subdivision creating four or less parcels, a condominium project creating four (4) or less condominiums as defined in Section 783 of the Civil Code, a community January 2013 1 DRAFT Chapter 17.07 — Definitions Page 25 apartment project containing four (4) or less parcels or a lease project containing four (4) or less • building sites. "Mobilehome'—' shall--urean-aA movable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy for one family and having no foundation other than jacks, piers, wheels or skirtings. Mobilehome unit space_''—' shall mean plot of ground within a mobilehome park designed for the accommodation of one mobilehome unit. single eElHipffleftt. "Mounted,'—' means Attached or supported. `Mural_''—' shall mean aAny graphic image, drawing or painting or pattern covering in total or part of a building wall, window or other architectural feature, whose purpose is primarily intended as art. Murals shall not contain name brands, branding or direct advertising unless directly related to an historic or cultural use which the mural is intended to memorialize. Murals are encouraged to promote recognition of cultural and historic events and activities. N. Definitions, "N." "Natural gr-ade." shall mean the vertieal leeation of the grewid surfaee pfier to afty eiieavatien of fill. 'Natural vegetation_L' shall mean The native plants, grasses, shrubs, and trees and roots thereof having • the characteristic of intercepting, holding, and more slowly releasing rainfall than bare earth surfaces. "Net areae -r+," land within a given area or project including residential lots, and other open space which directly serves the residents of the net areaere; but exclusive of all public or private streets and other easements. "V.....,.... merei al —..>•,.cv.....xc. c.a,--.m..vo... handbill" .,.acra.e-anvC,7--au�:ao:.. shall .. ., handbill ,.d. eF than a ee,.....efeial vv.cr .na,r,r-c��..:..c, handbill c.a-n,v,aavc,r. building" building the shall mean a stFaeture eF size, eenstilaetien was not obtained. See alse "Legal b "Noneonforming use" shall inean a ase of aetivity Whieh Nielates the previsions of this develepment b "Nude ..t..t.. shell the 6......... hate 1. tteek ......,. lit OF of nudity" mean appeaFaHee of + e faae ge ff,.l.. e (..male genitals, er the aFeela o nipple ,.f the fefn le .. L.east O. Definitions, "O." Oak Tree. Any oak tree of the genus Quercus, including but not limited to, Valley Oak (Quercus lobata). California Live Oak (Quercus kmfolia). Canyon Oak (Quercus chrysolepis), Interior Live Oak January 2013 1 DRAFT Chapter 17.07 — Definitions Page 26 • • (Quercus wislizenii) and Scrub Oak (Quercus dumosa), regardless of size. in the ease of i9fe_ ftie-9 The following terms and phrases are defined for the purposes of Section 17.51.040 (Oak Tree Preservation). 1. Oak tree, cutting. The detaching or separating, either partial or whole, from a protected tree, any part of the tree, including but not limited to, any limb branch, root, or leaves. Cutting shall include pruning and trimming. 2. Oak tree, damage. Any action undertaken which causes or tends to cause iniurv, death, or disfigurement to an oak tree. This includes, but is not limited to cutting, poisoning, burning overwatering, relocating or transplanting a protected tree, changing or compacting the natural grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of an oak tree. 3. Oak tree, deadwood. Limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one year, inclusive of prime growing weather. 4. Oak tree, dripline. The outermost edge of the tree's canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest extension of the limbs and leaf canopy. 5. Oak tree, encroachment. Any intrusion into the protected zone of an oak tree which includes, but • is not limited to, pruning, grading, excavating, trenching, dumping of materials, parking of commercial vehicles, placement of incompatible landscaping or animal corrals, storage of materials or equipment, or the construction of structures, paving or other improvements. For purposes of this definitionseetiea, encroachment shall not include the action of a person physically entering the protected zone of an oak tree. a. Maior encroachment. For oak trees located on properties occupied by a single-family residence, any intrusion into the protected zone of an oak, as defined above, in an area between the outer edge of the trunk and fifty percent (50%) of the diameter of the protected zone. b. Minor encroachment. For oak trees located on properties occupied by a single-family residence, any intrusion into the protected zone of an oak, as defined herein, in an area between the outermost edge of the protected zone and fifty percent (50%) of the diameter of the protected zone. 6. Oak tree, heritage oak tree. Any oak tree measuring one hundred eight (108) inches or more in circumference or, in the case of a multiple trunk oak tree, two (2) or more trunks measuring seventy-two (72) inches each or greater in circumference, measured four and one-half (4.5) feet above the natural grade surrounding such tree. In addition, the Vlaneine-Commission and/or v Council may classify any oak tree, regardless of size, as a heritage oak tree if it is determined by a maiority vote thereof that such tree has exceptional historic, aesthetic and/or environmental qualities of maior significance or prominence to the community. 7. Oak tree, oak tree preservation and protection guidelines. The policy established by the Gity Council and the administrative procedures and rules established by the Director for the implementation of this develeoh,ea-eCode. C� I January 2013 1 DRAFT Chapter 17.07 —Definitions Page 27 8. Oak tree, protected zone. A specifically defined area totally encompassing an oak tree within • which work activities are strictly controlled. Using the dripline as a point of reference, the protected zone shall commence at a point five (5) feet outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of an oak tree. 9. Oak tree rRemoval. The physical removal of an oak tree or causing the death of a tree through damaginppoisoning or other direct or indirect action. 10. Oak tree, routine maintenance. Actions taken for the continued health of an oak tree such as insect control spraying, limited watering, fertilization, deadwooding and ground aeration. For the purposes of this de�•�m-eFA—Ceode, routine maintenance shall include nruning_pursuant to the requirements of Section 17.51.04047-.090(E4(-94 (Oak Tree Preservation). "—`Operator.L' shall ilncludes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. "Outdoor storage" shall mean the keeping, e tside of a Wilding e f af. . ..i6l.....« geed.. material, Fn _„ handise eF heS iN the e plaee e ., F MOFe thaH e..e.,«. PA'8 ( 2) 1180%7 r "Owner'—' AR11 txean RAn person, agency, firm or corporation having a legal, possessory or equitable interest in a given real property. P. Definitions, "P." • « shafneanpfepareaFtEneansfiggfaag,any eembination thereof, `Parcel of land_L' shell mean aA contiguous quantity of land, in the possession of or owned by, or recorded as the property of the same claimant or person. Parking. The following terms and phrases are defined for the purposes of Division 17.40 (Use Classifications and Required Parking) and 17.51.060 (Parking Standards). 1. Parking, as determined by the director. That the Director shall determine the adequate amount of parking. Parking shall be provided in an amount which the Director finds adequate to prevent traffic congestion and excessive on -street parking. Whenever nractical, such determination shall be based upon the requirements for the most comparable use snecified in this Codeseetien. 2. Parking, customer service area. The area within a facility where patrons and/or customers of the facility are provided service and includes fixed and non -fixed seating areas, waiting areas and any other areas were customers are served. It excludes bathrooms and areas off limits to patrons. 3. Parking, enclosed. Covered on the top and at least three (3) sides with an opaque material. The i]:reete........ fedi& these Feeuimfnefits ..Meet to the ,.,.eviriens of Seeti n 1 7 1 0 1 40(B) January 2013 1 DRAFT Chapter 17.07 — Definitions Page 28 • 0 0 • 4. Parking, occupant. An etnplovee, patron, customer or other individual who, combined with other occupants, comprise the occupancy of a building- structure, tenant space or other area. See "Parking, Occupancv.' 5. Parking, occupancy. The maximum number of occupants within a building, structure, tenant space or area as determined by the California Buildino Code. 6. Parking, fixed seating. Seating that is permanently fixed and immobile. It may include booths, immobile seats/tables and immobile benches and pews. 7. Parking, fully enclosed. Covered on the top and all sides with opaque material, including the garage door, except for necessary ventilation areas.Pafki g spaees ,,.h:Oh are e iFed tO` llefie!OSed"" ..1...11 he ,. -vA ...- the t,.p and at least three I1\ sides with aapa"e fnateFial. The D ifeet,.-.. a ,edify these Fequifement..subject to the -.feyi..:ons of Seetion 17,18.140(B). R. Parking, square feet/footage. The gross square feet or footage of a building, tenant space, or area, unless indicated otherwise. -Parks and recreation facilities_''—' sha1lHieaiaConstruction of new park and recreational facilities, improvements to existing park and recreation facilities, public services provide thereon, and community amenities provided thereto. `Passive use common area,'h is ll—ffK-&F,-pPrivately 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 uses that shall be permitted are improved trails and appurtenant facilities. Jaz-..r: r..�a+.esr..nv.,.:rre..�s��l L'Permittee,'—' shall Any person or owner to whom a permit is issued pursuant to this code `Person.^— shall mean aAny natural person, partnership, firm, corporation, governmental agency or other legal entity, and the plural as well as the singular, but dee_ _et inel .ae the City of c ...t. C-1 "Preeise grading permit" sha)) mean a pennit that is issued ao the basis of appfOved plans whieh show the pFeeise loeations of stFaewres, finished elevations, drainage details and all an site impreNremeRts an 1]9.R Ti.!....... 3T111TT.TfYYI�_!PR.J!}TART.�S�iRRSI.�lJT5TTI .A7.: :.._. _ 1111 mel MON NO January 2013 1 DRAFT Chapter 17.07 — Definitions Page 29 existing legal use" shall Fnean a tise legal f.hiS a_eVelOpffiefit 00a, '*Feliminary permit"grading shew finished elevatiens, ifiter-ifn Engineer_ building pad elevations and drainage to the degFee required by the Gi4y Private Sewage Disposal System. A septic tank with effluent discharging into a subsurface disposal field- into one or more seepage pits- or into a combination of subsurface disposal field and seepage pit, or into such other facilities as may be permitted in accordance with the procedures and requirements set forth in the building code. « fite ng r ffleaftS aN area OF areas in an adalt business designed to a6eeffffnedate no faere film, videetape, slide, movie, of oth- rk,ate N,iewiag aFea shall be ertablishw� maintaifted, pfivate er viewing authorized, afea. and theft shall be no dears, etii4aifts, stalls, or e4ier efielasures ereating-a e eammenee ease shall at ♦6e a point preteeteA five (5) feet etitside of ..one he less t6,.., AAeen the dFipline and extend inward (1 C) feet f off the tom,&HIE to the trunk E)f the of an oak tree tree. lfl ne -Public building'-' shai-mean-aAny building owned, leased or held by the United States, the State, the County, the City, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used for governmental purposes. `Public park'-' or -recreation area.'-' s6-1 ,-=pPublic land which has been designated for park, recreational, or art activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City Department of Parks, Recreation and Community Services, or a homeowner's association. O. Definitions, "O." No specialized terms beginning with the letter "O" are defined at this time. R. Definitions, "R." Reasonable accommodation. A waiver or modification to regulations. nolicies. procedures, and standards that is both reasonable and necessary for a person with a disability to have an equal opportunity to use and eniov a residential use. Examples of reasonable accommodation include, if reasonable and necessary- allowing a wheelchair ramp in a required setback, allowing an increase in building height to hermit an elevator installation, or allowing an applicant additional time to submit material Reasonable Accommodation Acts. The federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Acts are amended from time to time. • January 2013 1 DRAFT Chapter 17.07 - Definition Page 30 • 0 Reasonable accommodation residential use. Any dwelline as defined by 42 U.S.C. 3602, Subsection (b), as that section may be amended from time to time. "—Recreational vehicle_L' shall man aA motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than four hundreds e hundred a ty (40O2-20) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. ------+..an . .. . 10 ... . _ FnesElue+ +building all + a r whieh is useda "Remov%!" shall mean the physieal FeFAEwal of a tree eF eausing the death 4 a (Fee 4hreugh damaging; `Residential developmentL' shall -mean tThe construction or installation of one or more nitiltiple €amily dwelling units pursuant to a building permit o. residential planned development ..emit "Residential zone" er "residential use," shall Hwaii _.D-...., w .,.1,ieh i, zoned . approved for of used as a residential use aiid'er single family house, a.._I_.. ...h......,. fl, lt:_.L, o.....:1. dwelling(s), ..bile ho afk .. %ibEliN-isioH, and e ndfeef:ea�ieaal trail.._ ...._l. or travel t .,:1.._ -..._l. Review Authority. The Review Authority is the decision maker that approves or denies an application but whose decision may be appealed. The Review Authority becomes the Approving Authority if the project is not appealed `Retaining wall_'—' shall hiean aA wall designed to resist the lateral displacement of soil or other materials. i'Roof-mounted.''—means inMounted above the eave line of building. "Rough grade" shall. Fnean the elevasion aft} g+aund suf f eo establish@@ by g ffldiHg that the final elevation shown on the .a._ -,...,d de..:,._. January 2013 1 DRAFT Chapter 17.07 — Definitions Page 31 0 S. Definitions, "S." `Satellite dish antennas," `hall :,lean aAny system of wires, cables, amplifiers, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, whether the system is internal to or attached to the exterior of any building. "Sehael" shall fnean any publie eF private edueatienal facility ineltiding but not limited to ehild day eafe .04.:e1, elething Ale., the .,.,ti,:e shall fRean stage of fflean e@Vers nO FROrs geait..l.. devises. + afly + periedioal Phot,.... aph d..e...:.... ......l.d,.Fe whieh is distinguished fied .. .el or ehafaeterized "Semi piewFe by an e....t..,..',...1 "Semi nude" shall a dregs :e .04.:e1, elething Ale., the .,.,ti,:e shall fRean stage of fflean e@Vers nO FROrs geait..l.. devises. + afly + periedioal Phot,.... aph d..e...:.... ......l.d,.Fe whieh is distinguished fied .. .el or ehafaeterized "Semi piewFe by an e....t..,..',...1 1 _e,.e_ding + or athLF + visual reisfesentet:.... + speei s "Sex or4ented or mean but not be lifiiked + 11speeified temioal meFeliandise" for shall kffn tO beBbseH v n fQea$-19 provided sexually efiented meney or any of eensideratiOR sketahed d......,.. painted, seulptured phote. mphed or similafly depleted by other persons. Setback, Front Yard. "FrOlit . e..d setbaek! e",." The area which defines the depth of the • required front yard. Said setback shall be measured from the ultimate street right-of-way or the line established by the General Plan, whichever is greater, and be removed therefrom by the perpendicular distance prescribed for the front yard setback of the zone in which the property is located. Where the location of the required yard is not clear as herein defined, itthey shall be determined by the Director -of Commimity Development. Setback, Rear Yard or Side Yard. "Rear ".._d or- side yard setbaek" ..hall ...e,,. •The area which defines the width or depth of the required rear or side yard setbacks. Said setbacks shall be measured from the property line, removed therefrom by the perpendicular distance prescribed for the yard setback in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in the "Setback, front yard" definition. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development. "Sex oriented shall afvy sex erie%ted of magazifle-, material" fflean + afly + periedioal Phot,.... aph d..e...:.... ......l.d,.Fe whieh is distinguished fied .. .el or ehafaeterized ...,.t:e., + ei fled piewFe by an e....t..,..',...1 Al... video tape emphasis an matter e _e,.e_ding + or athLF + visual reisfesentet:.... + speei s "Sex or4ented or mean but not be lifiiked te dildes, auto seeks, meFeliandise" shall sexually efiented + + ,. :five., simulated and + battey nrt a eed vaginas. January 2013 1 DRAFT Chapter 17.07 - Definitions Page 32 0 E U "Shall" -A ill MeRH fflafidHtEW�. —Sheriff.'—' shallan tThe Sheriff of the County of Los Angeles, or the Sheriffs designated representative. —Shopping center.L' means Two (2) or more contiguous or separate retail commercial stores that share access and/or parking, which function by design, or ultimately function, as a single entity. Sign. Any device, fixture, placard or structure, including its component parts which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. The following terms and phrases are defined for the purposes of Section 17.51.080 (Sign Regulations (Private Property)). 1. Automobile dealership identification placards sign. An on-site sign permanently attached to a light standard that identifies the name of the dealership and the make of vehicle sold on-site. 2. Automotive -oriented sign. A sign that is primarily representing a business devoted to automotive sales or service. 3. Awning sign. A sign printed on or attached flat against the surface or fascia of a permitted swain 4. Banner signs. See "grand opening banner sign" or "special event banner sign." 5. Building identification sign. A sign that contains no advertising matter other than the name, trademark or address of the building to which it is affixed, or of the occupant located therein 6. Changeable copy sign. A sign that is characterized by changeable copy, letters, symbols or numerals 7. Commercial sign. Any sign, wording, logo, picture, transparency, mechanical device or other representation that is intended to attract attention to a commercial or industrial business occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. 8. Community identification sign. A sign that contains the name of a recognized community (e.2., Canyon Country, Newhall, Saugus or Valencia) or the City, but contains no other advertising matter. January 2013 1 DRAFT Chapter 17.07 — Definitions Page 33 0 9. Construction sign. A temvorary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. 10. Corporate flag sign. Any flag identifying a business or development, whether permanent or temporary. A siHg4e ,,,.FpeF...e flag may be fle.,._, __ovidea that it is flown :.t ee, s:,,neti,.....:. 11. Directional or informational sign. A sign which indicates the route to, direction of or location of a given goal, or which provides regulatory or service information of a nonadvertising character. 12. Electronic readerboard sign. A sign which uses an electronic and or computer or functionally similar means to display messages or graphics. Electronic readerboard signs do not include displays showing time and temperature. 13. Erect. To build, construct, attach, hang, place, suspend or affix to or upon any surface. 14. Flashing sign. Any sign which, by method or manner of illumination, flashes, winks or blinks with varying light intensity, shows motion, or creates the illusion of motion; or revolves in a manner to create the illusion of being on or off. 15. Freestandin¢ sign. A sign which is placed on the ground or has as its primary structural support one or more columns, voles, uprights or braces in or upon the ground and not attached to a • building. 16. Freeway commercial center sign. A sign used to identify a commercial center or area of at least fifty (50) acres. 17. Freeway -oriented sign. A sign oriented to be viewed primarily from an adiacent freeway which identifies a business engaged in the provision of food, lodging or motor vehicle fuel, and which is Primarily dependent upon motorists traveling on such freeway. 18. Fuel pricing sign. A sign indicating, and limited to, the brand or trade name, method of sale, grade designation and price per gallon of gasoline or other motor vehicle fuel offered for sale on the business premises, and such other information as may be required by law. 19. Gas sales canopy sign. A sign affixed to the fascia of a permitted gas sales canopy and is not proiecting more than eighteen (18) inches from the canopy fascia. Gas sales canopy signs include business emblems, sigh bands, and text associated with the business. 20. Grand opening banner sign. A temporary sign vublicizing a grand opening for a new business. 21. Hand-held sign. A sign that is held by or otherwise mounted on a person. 22. Historic sign. A sign of cultural or architectural significance to the citizens of the City of Santa Clarita, the State of California, the Southern California region or the nation, which may be eligible for nomination or designation and determined to be appropriate for preservation by the City January 2013 1 DRAFT Chapter 17.07 — Definitions Page 34 • • I pursuant to the provisions of subsection (D) of Section 17.51.080 (Sign Regulations (Private Pro ert 23. Illegal sign. Illegal sign means a. Any sign originally erected or installed without first complying with all structural, locational, design, building and electrical regulations in effect at the time of its construction or installation; b. Any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than ninety (90) days; C. Any unsafe sign: d. Any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and e. Any sign that is in violation of the provisions of Section 17.51.080 (Sign Regulations (Private Propertv)}4bisehatrter. 24. Incidental business sign. A business sign indicating credit cards accepted, trading stamps offered, trade affiliations and similar matter. 25. Lighted sign. A sign that is illuminated by any source, whether internal, external or indirect. 26. Leeal nonconforming sign. A sign that was originally erected or installed in compliance with all structural, locational, design, building and electrical regulations at the time of its erection or • installation, but which no longer conforms to the provisions of Section 17.51080 (Sign Regulations (Private Propertv))ihisc43aoter. 27. Menu board sign. A sign displaying the menu of a drive-through restaurant where customers place their food and drink orders while seated in vehicles in drive-through service lanes 28. Marquee sign. Any sign affixed to the perimeter or border of a permanently roofed structure constructed as part of a building and protruding over public or private sidewalks or rights-of-way. These signs are to identify movie or live performances/theaters and shall be considered wall signs for the purpose of regulation. 29. Mobile sign. The use of a moving trailer, automobile, truck, non -wheeled vehicle, bicycle, or anv other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle. 30. Monument sign. A sign that is completely self-supporting, has its sign face or base on the ground, and has no air space, columns or supports visible between the ground and the bottom of the sign 31. New Business. A for-profit or not-for-profit organization or company located in the C. I, and MX zones and is relocating into a new tenant snace not previously occupied by said business. A business that exists in a tenant space and transfers ownership and/or undergoes a remodel, without a change in business name, is not considered a new business. • January 2013 j DRAFT Chapter 17.07 — Definitions Page 35 32. Noncommercial sign. A sign that does not name, advertise or call attention to a commercial or • industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. 33. Off-site sign. A commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained. 34. On-site sign. Any commercial sign which directs attention to a commercial or industrial occupancy, business, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. For pumoses of Section 17.51.080 (Sian Regulations (Private Proyerty))- soba c all signs with noncommercial speech messages shall be deemed to be "on-site." regardless of location. 35. Painted sign. A sign that is painted directly on a wall or other vertical or nonhorizontal surface, and does not project from the surface to which it is applied. 36. Permanent sign. Any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. 37. Permit holder. A person who has received a sign permit pursuant to Section 17.51.080 (Sign Regulations (Private Proyertv))4his shaptee. • 38. Portable sign. A freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occur v. 39. Preview board sign. A sign displaying the menu of a drive-through restaurant where customers seated in vehicles in drive-through service lanes preview the menu before pulling up to a menu board sign. 40. Proiectinp sign. A sign, other than a wall sign, that nroiects more than eighteen (18) inches from and is supported by an exterior wall of a building or structure. 41 Pylon sign. A freestanding sign, taller than a monument sign, in which the sign face is separated from ground level by means of one or more supports such as poles, pole covers or columns. 42. Real estate sign. A temporary sign advertising the sale, lease or rental of the premises on which the sign is located. 43. Revolving sign. A sign or any portion thereof that rotates, moves or appears to move in some manner by electrical or other means. 44. Roof sign. Any sign erected upon and wholly supported by the roof of any building or structure. Roof sign shall not include a wall sign affixed to the roof eaves or that portion of an actual or false roof varying less than forty-five (45) degrees from a vertical plane. January 2013 1 DRAFT Chapter 17.07 — Definitions Page 36 • • 45. Sign area. 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. 46. Sign face. That portion of a sign intended to be viewed from one direction at a time. 47. Sign structure. A structure serving exclusively as a stand, frame or background for the support or display of signs. 48. Signs, zone. Unless otherwise specifically stated in Section 17.51.080 (Sign Regulations (Private Prone references to [he "residential" or the "R" zone include all residential zones (e.g., NUI. URI, etc.), references to the "commercial" or "C" zone include all commercial zones. (e.g., CR. CC, etc.), references to the "mixed use" or "MX" zone include all mixed use zones, (e.g., MXN, MXC, etc.), references to the "industrial" or "I" zone include all industrial zones (e.g., BP and 1), references to the `public/institutional" or "PI" zone include the public/institutional zone. and references to the "open space" or "OS" zone include all open space zones (e.g., OS and OS - NF). 49. Special event banner sign. A temporary sign publicizing a unique happening, action, purpose or occasion. 50. Subdivision directional sign. A temporary on or off-site sign providing necessary travel direction • to a subdivision, located within the city, offering properties for sale for the first time, but which contains no other advertising matter. 51. Subdivision entry sign. A temporary sign that provides necessary travel directions to and within a subdivision offering properties for sale or lease for the first time, but which contains no other advertising matter. 52. Subdivision identification sign. An on-site sign that identifies a subdivision offered for sale or lease for the first time, but which contains no other advertising matter. 53. Subdivision sales sign. A temporary sign that contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time, but contains no other advertising matter. 54. Temporary sign. Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time. 55. Under -canopy sign. Any lighted or unlighted display attached to the underside of a projecting canopy protruding over a private sidewalk and having the required ground clearance as otherwise required in Section 17.5 1.080 (Sign Regulations (Private Provertv)jjhjtghfflft. 56, Unsafe sign, A sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism. • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 37 57. Wall or wall -mounted sign. A Bien, other than a roof sign. affixed to and wholly SUDDorted by a • building in such a manner that its exposed face is approximately parallel to the plane of such building and is not projecting more than eighteen (18) inches from the building face or from a permanent roofed structure vroiecting therefrom. a. Sign, Primary Wall. A sign along the main elevation of a building with the primary entrance or facing a street or on-site parking area or narking as part of a contiguous shopping center. b. Sign, Secondary Wall. A sign along an elevation other than the main elevation with a secondary entrance or facing a street or on-site parking area or parking as part of a continuous shopping center. 58. Window sign. Any sign painted on a window or constructed of paper, cloth, canvas or other similar liehtweight material, with or without frames, and affixed to the interior side of a window. 59. Signs that are not within the definition of "sign." For the regulatory ournoses of this ekapterSection 17.51.080 (Sign Regulations (Private Property)), the following shall not be considered signs: a. Any public or legal notice required by a court or public agency; b. Decorative or architectural features of buildings, except letters, trademarks or moving parts; c. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; Time and tenWeFatufe dei4ees; d_c" - e ' License plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which • the vehicle is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease or exchange of the vehicle: e. Traffic, directional, emergency, warning or informational signs required or authorized by a government agency having jurisdiction; f. Permanent memorial or historical signs, plaques or markers; 9. Public utility signs; and h. Newsracks: and i. Noncommercial flags not exceeding fifteen (15) square feet in area for each lot in a residential zone or twenty-four (24) square feet for each lot in a non-residential zone, provided that the vole or other structure, upon which such flag is flown, meets applicable setback and height limitations of the zone in which it is located. "Site." "Site plan.22 shall mean aA plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land. ee January 2013 1 DRAFT Chapter 17.07 - Definitions Page 38 • 9 CJ • IIGFoss stability" means the faetef of safety agains failure of slope matefial laeated belew SUFfkL appfwEimately three (3) to feur (1) feet deep, Eneaswed from an pefpendieulaF to the slope F6o «stability" „f slope material ...oastiFed ffeoA and ........,...,1:,...1.,_ to the slope f,.,.,. "Sloping available terrain" six (6) and seven and one half (7.5) fninute United States Geolegieal Suf-,,ey quadrangles of a 0 "Small animals" shall mean any a mai that weighs less than three hundFed nnm pounds. "Soil" I .J ..f ., hat. bedf...d. ....dFna5'H6lUde tho shall fnean ai4h m Vef Origifl,,...1.:.,,. "Sol engine...." in the State ., h,.. shall fnean a eivil engiHeer registefed applied sail meehanies and found a 3. Has . s t,.. adequately equipped sails testing l.,l.,._,a.. uengineering" shall fnean the applieatian of the prifteiples of soil meehaflies in the investigation-, Of the e6HStFdeti0fi th PFOOf c the use of eafth materials and the inspeetion and tes"g I'Sefl engineering report" 1 . PrelimiaaFy information eeHeemi et4ies of soil and Feek en a site prior t -o gfading, the site for its intended use; reeentmendations for stFuetwal a design and appreving the 4 fills site far its intended use a "Soil difeet:en testing of a ageney" ...dl engineef shall mean an ageney &Eperienced regularly in soil t.. engaged in the testing of sails and reek under `Solar energy system!' shall mean: 1. Any solar collector or other solar energy device, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or 2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. January 2013 1 DRAFT Chapter 17.07 — Definitions Page 39 NOW 11. 101, January 2013 1 DRAFT Chapter 17.07 — Definitions Page 39 0 `State.''—' ^"-'rtThe State of California. "Stealth faPility" means afty eemmuniGation feeility M-hieh is designed to blend, into the quF4:01JHFiiffg . u ." shall mean aA tempemfy, tineempaeted fill of embafAffnefit plaeLd by ai4ifieial means, whieh is L date. L'Story,''—' s ' Any portion of a building considered habitable or uninhabitable which is included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. Crawl spaces are not considered to be a story. `Street,''—' ^'-alp aA public thoroughfare or right-of-way or approved private thoroughfare or right- of-way determined by the City Engineer to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this development code. The word "street" shall include all major and secondary highways, traffic collector streets and local streets. —`Structure_L' s`-a'�eanaA mobilehome or anything constructed or erected, building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including walls, fences, swimming and wading pools and covered patios, excepting paved areas, mortis -Volt courts and similar outdoor areas. `Structural alteration.''—' shell wean aAny change in or alteration to a structure involving a bearing wail column, beam or girder, floor or ceiling joists, roof rafters, foundations, piles, retaining walls or similar components. January 2013 1 DRAFT • Chapter 17.07 — Definitions Page 40 - -- . .. . -..... .... . .... .. .. 11 - 01110. -... `State.''—' ^"-'rtThe State of California. "Stealth faPility" means afty eemmuniGation feeility M-hieh is designed to blend, into the quF4:01JHFiiffg . u ." shall mean aA tempemfy, tineempaeted fill of embafAffnefit plaeLd by ai4ifieial means, whieh is L date. L'Story,''—' s ' Any portion of a building considered habitable or uninhabitable which is included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. Crawl spaces are not considered to be a story. `Street,''—' ^'-alp aA public thoroughfare or right-of-way or approved private thoroughfare or right- of-way determined by the City Engineer to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this development code. The word "street" shall include all major and secondary highways, traffic collector streets and local streets. —`Structure_L' s`-a'�eanaA mobilehome or anything constructed or erected, building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including walls, fences, swimming and wading pools and covered patios, excepting paved areas, mortis -Volt courts and similar outdoor areas. `Structural alteration.''—' shell wean aAny change in or alteration to a structure involving a bearing wail column, beam or girder, floor or ceiling joists, roof rafters, foundations, piles, retaining walls or similar components. January 2013 1 DRAFT • Chapter 17.07 — Definitions Page 40 • I `'» `Subdivision_shall mean- The division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized Coun City -assessment roll as a unit or as contiguous units, for the purpose of sale, lease, financing or transfer of title, whether immediate or future. 1. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or drainage or railroad rights-of-way. 2. The provisions of Seed". 66424.' of the Subdivision Map Act concerning the merger of contiguous parcels of land shall be applied in determining whether the sale, lease, financing or transfer of title of contiguous parcels is subdivision under the terms of this section. 3. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code; or a lease project, as defined in Title 16. 4. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. 5. The qualification contained in Section 66424.1 of the Subdivision Map Act concerning the division of a unit of land before a change in the equalized-Gity-Cgyrity equalized-City-Countyassessment roll shall apply to subdivisions as defined in this definition. 6. The tern "subdivision" shall also refer to any area or tract of land designed to accommodate mobilehomes used for human habitation approved as a division of land for mobilehome purposes and for which a final map or final parcel map has been recorded pursuant to the provisions of Title 16. For the purpose of this develepwwn4-+Code, this type of subdivision shall be considered a residential subdivision. CJ • -Subdivision Map Aet-' shall -Shall mean Division 2, Title 7 of the Government Code. "Substantial enlargement of an adult himinegg" shall fnean an ineFease in the 4eer areas eeeupied by the busifiess by mere than fifieen (15) peFeent as the flew areas exist on effeetive date ef the efdinanee e0dified in this definition. T. Definitions. "T." `Telephone communication services_L' shall mean "communication services" as defined in Sections 4251 and 4252 of the Internal Revenue Code and the regulations thereunder, and shall include any telephonic quality communication that is interconnected to a public switched network, and shall include, without limitation, for the purpose of transmitting messages or information (including, but not limited to, voice, telegraph, teletypewriter, data, facsimile, video or text) by electronic, radio or similar means through "interconnected service" with the "public switched network," as these terms are January 2013 1 DRAFT Chapter 17.07 - Definitions Page 41 commonly used in the Federal Communications Act, 47 U.S.C.A: Section 332(d), and the regulations of • the Federal Communications Commission, whether such transmission occurs by wire, cable, fiber-optic, light wave, laser, microwave, radio wave, including, but not limited to, cellular service, commercial mobile service, personal communications service (PCS), specialized mobile radio (SMR), and other types of personal wireless service telecommunications (see 47 U.S.CA-. Section 332(c)(8-}(4 (4) regardless of radio spectrum used, switching facilities, satellite or any other similar facilities. "Terreee" shall Eneaft a relatively level step eanstfueted in the faee of a ...aged _lege s....r __ for "Thrift Stffe" shall mean a store Ahieh sells er eonsigns to sell itams whieh are of a noneelleeti qtiality and,ler are fiet of heirloom qealitY. Thrift steres ef: seeendhand steres are tiet elassified as antiqt+e steees. "iTobacco paraphernalia business_'„ s` -N meanAn establishment that devotes more than a two (2) foot by four (4) foot (two (2) feet in depth maximum) section of shelf space for equipment, products and materials of any kind (excluding lighters and matches) which are intended or designed for use of tobacco, and includes, but is not limited to, the following: 1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of tobacco plant; 2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing tobacco; 3. Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant; 4. Testing equipment intended for use or designed for use in identifying or in analyzing the strength, . effectiveness or purity of tobacco; 5. Scales and balances intended for use or designed for use in weighing or measuring tobacco; 6. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds or other foreign material from, or in otherwise cleaning or refining, tobacco; T Blenders, bowls, containers, spoons and mixing devices intended for use or designed for use in compounding tobacco substances or substances containing tobacco; 8. Envelopes, pouches, capsules, balloons and other containers intended for use or designed for use in packaging small quantities of tobacco; 9. Containers and other objects intended for use or designed for use in storing or concealing tobacco; 10. Objects intended for use or designed for use in ingesting, inhaling or otherwise introducing tobacco into the human body, such as the following: a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens or punctured metal bowls, b. Water pipes, c. Carburetion tubes and devices, d. Smoking and carburetion masks, e. Clips or other devices intended to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand, f. Chamber pipes, g. Carburetor pipes, h. Electric pipes, i. Air -driven pipes, j. Chillums, • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 42 • k. Bongs, 1. Ice pipes or chillers. "Transfer of ownership OF eontrol of an adult business" shall mean and inelede any of the foljawiW . z1 The sale, ,...leas. sublease of the business; OF 3. The establishment of a trart, gifi ar other similar legal devioe whieh transf&%, ewneFship aF eon of the business, egisept fef tfansfer by bequest aF oiheF epefation ef law upon the death of a peFse i'Truck, large_''—' ghnlll mean RA truck with a cross vehicle weight (GVW) eanying eapaeity-of greater than three thousand a, P 1111B40d twelve thousand1( 2.0003390) pounds or more. i'Truck, light,''—' shall mega sA truck with a gross vehicle weight (GVW) eafrying-eapaeity-of less than rh_ e th....,.and r:, e h..,, F@d I( 2.0003300) poundse�. U. Definitions, "U.' u Building Building Code, published by the intemational OenfeFenee of Building material" under the eritefia of this di,�4siea or under the eviteria eantained in any approved geefeelioieal repeft; make it unsttitable for use as fill or foF Emy othef intended tise, These prepefties of ehanietefisti reek diameters exeeeding eight (9) iHehes; the presenee of eenerete of: asphalt; of the preseftee of e*paflsive sails within four (4) feet of finish grade of an), aFea ifilefided OF derigHed as a leeation fer-a Wilding. `Use_" shall mean purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. V. Definitions, "V." Vanpool vehicle. Any motor vehicle, other than a motor truck or truck tractor, designed for carrying more than 10 but not more than 15 persons, including the driver, which is maintained and used primarily for the nonprofit, work-related transportation for adults, for the purooses of ridesharing. W. Definitions, °'W." "Wamter or waitress" is a man or woman who waits on tables, "Wet bRF" Shall MeaH an ifitefiOf YE)effi eF afea with a single basin sink leeated safRe plaee etheF than ...aff ,..._s....,,.,,. — ... ...... . .. :8-Ve 6�-efi Of etheF kitchen type facilities, it shall Lonstittite a S + o kit Si-parv+tcezx�rhen r. • January 2013 1 DRAFT Chapter 17.07 - Definitions Page 43 "Wild animal" shall mean any fiendomestie, e3ketie ef b , the coxxv a, xu.gio ua o.xx.vxxa.c,aos-hybrids -ax,cry nxafxxxa..vxx,xv.ro„ � xvov a.xxa xcpur<m "l;Ih9lesali g" ..7..,11 mean the sel- l:..,. ,.f an y type of goads fef ......pose of-esal., b ' `Wireless communications facilities_L' s4-'x-4The site, support structures, antennas, accessory equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. Wireless communications facilities include, but are not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronic, and switching equipment. The following terms and phrases are defined for the purposes of Chapter 17.69 (Wireless Communications Facilities and Satellite Dish Antennas). 1. Building -mounted. Mounted to the side of a building, to the facade of a building or to the side of another structure such a water tank, church steeple, freestanding sign or similar structure, but not to include the roof of any structure. 2. Co -location. The locating of wireless communications equipment from more than one provider on a single building -mounted, roof -mounted or ground -mounted wireless communication facility. 3. Ground -mounted. Mounted to a Dole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna. These antennas do not use a building or ancillary structures for mounting purposes. 4. Monopole. A structure composed of a single spire used to support antennas or related equipment. 5. Stealth facility. Any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as concealed antenna. 6 i.'Wireless communications support structures_'' s -aAny structure erected to support telephone communications services. Wireless communications support structures may include, but are not limited to, lattice tower, monopoles, and guyed towers. 7_ -`Wireless communications systems.''-' shall-mean-tThe sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites), and including, but not limited to, cellular radio, telephone, personal communications services (PCS), enhanced/specialized mobile radio (ESMR), commercial paging services, wi-fi and any other technology which provides similar services. X. Definitions. "X." No specialized terms beginning with the letter "X" are defined at this time. Y. Definitions. "Y." 0 January 2013 1 DRAFT • Chapter 17.07 - Definitions Page 44 • ``Yard_" "'"''�rr-n.ear.-aAny open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this code. 1_Front Yard. "Front yard" "' shall ...ean A space between the front yard setback and the front lot line or future street line, and extending the full width of the lot. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development. 2. Rear Yard. "Rear yard" shall mea aA space between the rear yard setback and the rear lot line, extending the full width of the lot. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development. 3_Side Yard. "Cide yard" shall _.e__ A space extending from the front yard, or from the front yard lot line where no front yard is required by this develegreeR4-eCode, to the rear yard, or rear lot line between a side lot line and the side yard setback line. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development. Z. Definitions, "Z." No snecialized terms be¢ ening with the letter "Z" are defined at this time. (Ord. n< 14 c i, nrs�nrinc. wd no 1, 6114107. n_m nn z, sninn, OFd nrn nrau-z-rminn. n_a. 9»9 c, 6,92 /99; n.z.ad . 9 o 1012649. Ofd nn z oiQinn. n..d 01 c �n�in1. n_a n1 a enninr. n.a 02 c 423,L02; , , , n_a 03 12 nmnarm. n_amnrc l e cam lQ5,Q5. Ord nre 1r0 ac - 12,113, 105; Ord. no 1 c 2, 1, 3A7. n_vno rs cTt, 842614D& ' • January 2013 1 DRAFT Chapter 17.07 — Definitions Page 45 0 Chapter 17.++31 ZONING DESIGNATION SSA4i14A17:?fPURPOSE AWmonsSECTIONS: 17.+431.010 Purpose. 17.1431.020 Consistency. with the Zonino Mao. 17:1431.010 Purpose. 1_ edditien to the ebj--'. as _ .r..ed . n' :_ _ 1 GORMI o...._va _e the _ residewmi 4;The non -urban. urban residential, commercial, and—industrial, mixed use, open space, public/institutional, specific plan and corridor Plan zones are established to achieve the following purposes: A. To reserve appropriate areas for the continuation of existing farms and ranches, residential living at a broad range of dwelling unit densities; for office uses, retail stores, service establishments, and wholesale businesses, offering commodities and services required by residents of the City and its surrounding market area; for industrial uses and the protection of these areas from intrusion by dwellings and other inharmonious uses consistent with the Santa Clarita General Plan and with sound standards to preserve public health, safety and welfare. B. To minimize traffic congestion and to avoid the overloading of public services and utilities by preventing the construction of buildings of excessive bulk or number in relation to the land area around them. C. To facilitate the provision of utility services and other public facilities commensurate with • anticipated population, dwelling unit densities and service requirements. D. To promote high standards for site planning, architecture and landscape design for development within the Cit) r while preserving the City's historical and natural resources such as oak trees, river areas and ridgelines. E. To protect residential and commercial uses from noise, odor, dust, smoke, light intrusion, truck traffic and other objectionable influences and to prevent fire, explosion, radiation, and other hazards incidental to certain industrial activities. F. To ensure adequate light, air, privacy and open space for each dwelling and to provide sufficient open space around commercial and industrial structures to protect them from hazard and to minimize the impact of commercial and industrial operations on nearby residential zones. G. To encourage commercial and industrial uses to concentrate for the convenience of the public and for a more mutually beneficial relationship. 11. To ftile,' deyelepeAe"f within eaeh ef the zenes beyend the midpoint density or intensity only when benefit to the 17.31.020 Consistenev with the Zonino May, The zoning designations contained within this Code shall correspond and be consistent with the Zoning Map as approved by Council Ordinance. 17-11-020 g Designation fanning R3 BHe Single fafflily 1.0._... _,._egal ,...... a and e-._t_d e.FRH ,. _ _b_ ti_fig. LedteS .._e '.ae_d_d to a be _ _i_cNH _. Of _'ght ,em .............»e.. The %__S in this __ _,. ___eet_d fe . January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page J 0 G. RAM (Residential Alex[..... High) T.._.. Tk 5 98"0 .._a. ♦ gmu_ed fieus ng sash a am-nhemes, tfiple*es, fewplexes and (20.0) dwell ngs_ a o.: .. so moR _ _ A . ddit onal uses eftfeffi Slagle f..._'l I...m@S ,. 8H fi. tea .his h a x_.'_ed r.. .. ., be s /� C. RN'L (Residential Veer] Law Pean.ijTZone. Th s zone is intended fOF !Ofge eUSmM single MR4115 homes %ith amaximum aene'n. eC ene aUnit Pef .. This ..t the m t.. G. RAM (Residential Alex[..... High) T.._.. Tk 5 98"0 .._a. ♦ gmu_ed fieus ng sash a am-nhemes, tfiple*es, fewplexes and (20.0) dwell ngs_ a o.: .. so moR _ _ A . ddit onal uses larger group IlausiAg e e Fem an e are pemiit4ed that at a density up to twomy a"d "a tenths .Wed es e .. n site as �ell as pfivate me and ean exist 14. RH (Residential High) Zone, This 'gh zone at a a__,.'t. _ to mem. fae Wed on site mne pe"ItS gmUP eight and no tenths as �ell aspFi%me hmiSmg Siffillff W the Fes demial medium (28.0) J el 'n.,.. ..e_ ...u.,... nen_ O. _te eammen open stmee. Add't ANA, -.4, He I. GTC (!`et..tt... n. ial Tott.ne !`erste_) related aeti 't es ..hieb ..ie 8fB eBflmmmt)r Tone Th s mane _e_sits .._A re..ienal Hawfe .. ..'A_ ___.._ ..0 �.. r..' ...._ :..,. .._J and aFand vee I urea ''_ and a vut d-a4e -ee O emaMORIal C.,.h'enMeng .heti•.'_ K. !`A1 (Gemmereial Neighborhood) Zone This zone is intended 4m: small'.a.h..theea she... ing e�M lOeMed m B!eS@ ffWtiffli!) m FB51demial areas. P4 --- ----- - -- - eial uses aFe general!), aim Penn aed. Commercial Offiee dekel8pMemS aFe geHaffllly leEmed in centers or as ndiNidual buildings Bien January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 2 0 • 0 0 • January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 3 0 Park, '1' 1 the C' the HatieRal !` „ 'eFOSStOPPCC fitCOMFaNeefS.1 L 50 A used r.. designate .._...._ . 1.' _L ,.__ .. Ow howls. mewls and FeeFeatien r a�eas. FeSeafEh and '•n eampus 1_ ngs and a .._!C_ FWA r..A r.. '...J .. /l W (Iad ..t..lal C..t.......t.eial) Zone Thisthat aFe eempatible "rL a '_A Uses.. C....r .. in time Cit r_'A.. ..0 WS HESS tWIES. !Ieen stf� and light . o medw • January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 3 0 0 Chapter 17.32 Non -Urban Zones SECTIONS: 17.32.010 Non -Urban 1 (NUI) Zone. 17.32.020 Non -Urban 2 (NU2) Zone. 17.32.030 Non -Urban 3 (NU3) Zone. 17.32.040 Non -Urban 4 (NU4) Zone. 17.32.050 Non -Urban 5 (NU5) Zone. 17.32.010 I Non -Urban I (NUO Zone. - - - CanmMt [GPI]: General Plan Implementation The Non -Urban 1 (NUI) zoning designation identifies lands in the planning area that are distinguished by significant environmental features and extreme development constraints. Lands in this designation are largely undeveloped and consist of rolling hillside areas, steep slopes, and remote mountain lands with limited access. Uses in this designation include single-family homes at a maximum density of one (1) dwelling unit per 20 acres, agriculture, equestrian uses, private recreation, filming, and public and institutional facilities serving the local area. A. [Development Standards.) Property in the NU I zone shall be subject to the following general development standards: Density (units per gross acre) 0.05 N/A _Maximum - _ - _ Minimum Density (units per acre) Minimum Net Lot Area (in acres) 20 Lot Width (in feet) 200 Cul-de-sac/knuckle lot width (in feet) _ _ 40 20 _ _ Front vard setback in feet) Side vard setback each side (in feet)_ _ _515 20 Side vard setback, reverse comer lot (in fret) Rear vard setback (in feet) 15_ _ .Maximum height of main structure without a CUP (In feet) _ 75 35 Maximum height of accessory structures not exceeding the Maximum height of the main structure without a CUP (in feet) Distance between main structures (in feet) 10 _ Distance between main and accessorj structures (in feet) Setbacks for public and semi-public uses from residential 25 property lines in feet Additional Droverty development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 4 Comment IGP23: Ganerai Plan Implementaeon �J �J 13. Permitted Uses. E January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 5 0 17.32.020 Non -Urban 2 (NU2) Zone. _ _ comment IGP3): General Pian�mplementanen maximum density of one (1) dwelling unit Per 10 acres, agriculture. equestrian uses, private recreation, and public and institutional facilities serving the local area. A Development Standardsa4 commwt[GPa]: Genera PanimPnmentannn Property in the NU2 zone shall be subiect to the following general development standards: Maximum Density (units Per gross acre) 0.1 _ _ Minimum Density (units Per acre) Minimum Net Lot Area (in acres) Lot Width (in feet) N/A 1 200 -4T— 0Front Cul-de-sac/knuckle lot width (in feet) Frontyard setback (in feet 20 _ _ _ Side yard setback each side (in feet) Side yard setback, reverse comer lot (in feet- Rear yard setback (in feet _ _ Maximum height of main structure without a CUP (in feet) 5/5_ _ 15 35 Maximum height of accessory structures not exceeding the main 35 height of the main structure without a CUP (in feet) Distance between main structures lin feet) Distance between main and accessga structures in feet Setbacks for public and semi -Public uses from residential 25 roe lines m feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures Permitted in residential zones. B. Permitted Uses. Land use descriptions permitted uses and Parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Anv use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 - Zoning Designation Summary Page 6 0 0 • 0 17.32.030 Non -Urban 3 fNU3) Zone. _ _ comment [GPs]: Gemnl plan Implememation A. beyelopment Standards , _ Comment [GP6]: Gemral plan Implementation Property in the NU3 zone shall be subiect to the following general development standards: Maximum Density units r oss acre Densitv(units ner acre) 0.2 _ N/A_ 5 _Minimum _ Minimum Net Lot Area in acres _ Lot Width fin feet) Cul-de-sac/knuckle lot width in feet Front vard setback in feet) Side vard setback. each side (in feet) Side vard setback reverse corner lot infeet _ 200 40 _ 20 _ 20 Rearvard setback_ in feet 15 Maximum height of main structure without a CUP (in feet) -35- 5Maximum 35 Maximumheight of accessory structures not exceeding the height of the main structure without the CUP (in feet) _Distance between main structures (in feet _ 0__ Distance between main and accessoIX structur-es(in feet) _ 11 6 _ 25 Setbacks for Public and semi-public uses from residential ro env lines in feet Additional property development standards contained in Division 1750 (Development Standards) shall apply to all property and structures permitted in residential zones. B. Permitted Uses. January 2013 1 DRAFT Cbapter 17.11 — Zoning Designation Summary Page 7 0 17.32.040 Son -U rban 4 (NU4) Zone. i_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Comment tcvzJ: Gemr.1 vi.o imp�emenc.cmn The Non -Urban 4 (NU4) zoning designation provides for the maintenance and expansion of rural communities- in the planning area that are distinguished by large lot sizes (generally two acres or greater), agricultural and equestrian uses, and an absence of urban services. Uses in this designation could include single-family homes at a maximum density of one (1) dwelling unit Per two (2) acres agriculture, equestrian uses, private recreation and public and institutional facilities serving the local area. Supportive commercial uses serving the local area, such as grocery stores, restaurants, personal services, and retail sale of specialty goods for rural residents, such as feed and tack stores, may be allowed in "activity areas' within this designation without a General Plan Amendment, provided that the size, location, design, and use types are determined to be compatible with the surrounding area. Such "activity centers" must be at least 1 mile from any commercial land use designation and must not exceed 5 acres in size. A. bevelooment Standards] - Propertv in the NU4 zone shall be subiect to the following general development standards: Maximum Density (units per Bross acre) 0.5 ______ Minimum Densitv (units per acre). N/_A__ _ _ _ Minimum Net_Lo_t Area acres) 2 _ _ _(in Lot Width (in feet) Cul-de-sac/knuckle lot width lin feet) 100 Front yard setback (in feet _ _ Side yard setback each side in feet — _ 5/5 Side yard setback reverse corner lot (in feet_ _ _ _ Rear Rear vard setback (in feet) _ _ Maximum hen"ht of main structure without a CUP (in feet) 20 _ _ _ _ ---- _ 15 _ _ sU_ _ _ 1 35 ._ _ Maximum height of accessory structures not exceeding the height of the main structure without a CUP in feet Distance between main structures Distance between main and accessory structures 10_ 25 Setbacks for public and semi-public uses from residential vroDery lines Additional proverty development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. January 2013 I DRAFT Chapter 17.11 - Zoning Designation Summary Page 8 • f 1 L_J 0 E B. Permitted Uses-. Land use descriptions, permitted uses and narking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 9 0 17.32.050 Son -Urban 5(NU5) Zone. �----------------------------------- comment[GP9]: General Plan I piementatian The Non -Urban 5 (NU5) zoning designation provides for the maintenance and expansion of rural communities in the planning area that are distinguished by large lot sizes (generally one acre or greater), agricultural and equestrian uses, and the absence of urban services. Uses in this designation include single-family homes at a maximum density of one (1) dwelling unit per acre, agriculture, equestrian uses, private recreation, and public and institutional facilities serving the local area. provided that the size, location, design, and use types are determined to be compatible with the surrounding area. Such "activity centers" must be at least 1 mile from any commercial land use designation and must not exceed 5 acres in size. A. Development Standards ----------------------------------------------- comment IGvt03: Genera Pian impiemenvWn Property in the NU5 zone shall be subject to the following general development standards: Maximum Density (units per gross acre) 1.0 Minimum Density (units per acre) Minimum Net Lot Area (in square feet) _ _ 43,560 Lot Width (in feet) ___ _ _ i _ Cul-de-sac/knuckle lot width (in feet). _ .. _ 40 _ Front yard setback (in feet) 20 Side yard setback, each side (in feet) Side ard setback reverse comer lot (in feet) 20 _ Rear yard setback (in feet) _ _ 15 Maximum height of main structure without a CUP (in feet) _ 35 Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet) Distance between main structures (in feet) between main and accessory structures (in feet) _Distance Setbacks for public and semi-public uses from residential. 25 pro ertv huesjn feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. January 2013 1 DRAFT Chapter t7.1 I —Zoning Designation Summary Page ]0 • L 0 • B. Permitted Uses. Land use descriptions, permitted uses and oarkina requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 11 0 Chanter 17.33 Urban Residential Zones SECTIONS: 17.33.010 Urban Residential 1 (URI) Zone. 17 33 020 Urban Residential 2 (UR2) Zone. 17.33.030 Urban Residential 3 (UR3) Zone. 17.33 040 Urban Residential 4 (UR4) Zone. 17.33.050 Urban Residential 5 (UR5) Zone. 1733.010 Urban Residential 1 (URI) Zone - Comment [GPlil: Ger ral PlanImpf..wmbn per acre. A. bevelonment Standards] Property in the URI zone shall be subiect to the following general development standards: Maximum Density (.units per gross acre) 2.0 Minimum Density (units per acre) N/A_ Minimum Net Lot Area (in square feet) __ 20,000 Lot Width 'in feet) 75 Cul-de-sac/knuckle lot width (in feet)__ _ _ _40 _ _ _ Front yard setback (in feet - - - 20 Side yard setback, each side (in feet) _ _ _ _ 515 10 Side yard setback, reverse comer lot (in feet) - - _ _ _ _ Rear yard setback (in feet)_ Maximum height of main structure without a CUP (in feet) Maximum height of accessory structures not exceeding the 35 height of the main structure without a CUP (in feet) Distance between main structures (in feet) �10_ 25 _ Distance between main and accessory- structures (in feet) Setbacks for public and semi-public uses from residential ro ert (lines in feet Additional Dronertv development standards contained in Division 17.50 Development Standards) shall apply to all property and structures permitted in residential zones January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 12 , - I Comment [GP121: General Plan Implementation 9 9 B. Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. CI January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 13 • 0 17.33.020 IU rban Residential 2 (UR2) Zone. I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ comment [na131: Ger l Plan,-Piementaemn A. Development StandardsComment[GP1411 G.e.W Pian �mv�emnntanan Property in the UR2 zone shall be subiect to the following general development standards: Maximum Density (units ver gross acre) 5.0 _ Minimum Density (units per acre) N/A 15 000 _ Minimum Net Lot Area insquare feet Lot Width (in feet) 50 Cul-de-,ac/knuckle lot width (in feet) Front yard setback (in feet -)L_____20 Side y and setback each side in feet 5/5 Side yard setback, reverse comer lot (in feet) 10__ 15 _ Rear yard setback (in feet)____ _ _ Maximum height of main structure without a CUP in fee Maximum height of accessory structures not exceeding the 20 height of the main structure (in feet) Distance between main structures (in feet)_ 10 J.6_ Distance between main and accessory structures (in feet) - _ Setbacks for public and semi-public uses from residential 25 kro2efty lines in feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones. B. Permitted Uses. Land use descriptions, vermitted uses and parking requirements are contained in Division 1740 (Use Classifications and Required Parking). Am use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 14 A 0 0 • 0 17.33.030 (Urban Residential MR3) Zone.! j ranman laPfs).aeftm pion in bmenteaen associated recreational facilities are Provided. A. bJevelopment Standards] _ Prooertv in the UR3 zone shall be subject to the following general development standards: Maximum Densi units oss acre 11.0 Minimum Densi units Mracre 6.0 Minimum Net Lot Area in scluare f _ _ _ _ 5 00O_ Lot Width (in feet ) 50 _ _ Cul-de-sac/knuckle lot width in feet) 40 Front yard setback in feet 20 Side yard setback. each side (in feet) Side yard setback reverse comer lot in feet 10 _ _ Rear Xardsetback in feet_IS Maximum height of main structure without a CUP (in feet! 35 20 10 _ _ Maximum height of accessory structures not exceeding the height of the main structure in feet)__ Distance between main structures (in feet) Distance between main and accessory� structures (in feet) I V _ -- Setbacks for public and semi-public uses from residential 25 ro ert lines in feet )l Additional property development standards contained in Division 17.50 (Develoomen[ Standards) shall apply to all property and structures permitted in residential zones B. Permitted Uses. Land use descriptions, permitted uses and narking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 I DRAFT Chapter 17.11 —Zoning Designation Summary Page 15 1733.040 kJrban Residential 4 (UR4) Zone.I_ The Urban Residential 4 (UR4) zoning designation provides- for mixed residential neighborhoods of detaching and attached dwellings. Allowable uses in this designation include detached and attached sinnle-familyhomes &I lexes multi le family dwellings, and other residential uses at a maximum density of 18 dwelling units per acre. A. pevelopment Standards Provertv in the UR4 zone shall be subiect to the following general development standards: Maximum Density (units per &[oss acre) 18.0 Minimum Density (units per acre)____ 9.0 _ ___ Minimum Net Lot Area (in square feet). .44500 _ Lot Width (in feet) 40 Cul-de-saclknuckle lot width (in feet)_40_ Front setback in feet) 20 _ .. Side yard setback, each side (in feet) _ 515 _ Side yard setback, reverse comer lot (in feet) 10 15 Rear yard setback (in feet) _ _ \]a.ximmn height of main structure without a CUP in feet 5 Maximum height of accessory structures not exceeding the L0 height of the main structure fin feet) Distance between main structures (in feet) 10 _ Distance between main and accessory structures in feet) Setbacks for public and semi-public uses from residential -proRgrty lines in feet Additional nroverty development standards contained in Division 17.50 (Development Standards) shall apoly to all property and structures permitted in residential zones. Ii Permitted Uses. Land use descriptions, permitted uses and parking requirements are contained in Division 1740 (Use Classifications and Required Parking). Any use not listed is considered a Prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 16 E - Comment [GP17]: General Ilan ImPlementetlon comment [GP1a]: General PlanImplemenl lmn 6A 7 C� 17.33.050 (Urban Residential 5 (UR5) Zone. �----------------------------------- Comment iGv197: Geron) Aan �mvJemenbaon The Urban Residential 5 (UR5) zoning designation provides for medium to high-density dwelling units ver acre. A. bevelopment Standards------------------------------------------- j comment EGP201: Generaw�an imv�emeotanon Property in the UR5 zone shall be subject to the following general development standards: Maximum Density (units pergross acre) 0.0 _ _ Minimum Density (units Per acre i_ 4 500 _ _ _ Minimum Net Lot Area (in square feet)._ ----- Lot Width (in feet) 40 Cul-de-sac/knuckle lot width in feet) 40 Front yard setback (in feet) 20 Side yard setback, each side (in feet\ 515 10 _ yard setback reverse comer lot in feet _Side Rear yard setback (in feet) 15 35 Maximum height of main structure without a CUP (in feet) Maximum height of accessory structures not exceeding the _ 20 ;_ height of the main structure (in feet) _ Distance between main structures (in feet) �10 Distance between main and accessory structures (in fat) _ (6 _ Setbacks for Public and semi -Public uses from Mddential 20 roertv lines in feet Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in residential zones B Permitted Uses. Land use descriptions, Dennitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 17 0 Chapter 17.34 Commercial and Industrial Zones SECTIONS: 17.34.010 Community Commercial Zone (CC) Zone. 17.34.020 Neighborhood Commercial (CN) Zone. 17.34.030 Regional Commercial (CR) Zone. 17.34.040 Business Park (BP) Zone. 17.34.050 Industrial (1) Zone. 1734.010 Community Commercial Zone (CC). � _ - _ - -I comment IGP211: Piee n pleme wi.n The Community Commercial (CC) zoning designation is intended for business providing retail and service uses that primarily serve the local market. Representative uses include restaurants, clothin0 stores hardware and auto parts storesgrocery markets harmacies banks and financial services, specialty retail, theaters and nightclubs, day care centers, and medical services. These areas are cynically located alone arterial streets or at the intersections of high traffic corridors. Multiple family dwellings (including live/work units) may be permitted in this zone. A. beyelopment Standards -- - j comment Icv221: aeeer,i Pi.e �mF�emenwnen Property in the CC zone shall be subject to the following general development standards: Maximum Floor Area Ratio ('FAR) of nonresidential uses 0.75 800 _ _ _1 Maximum Lot Coverage Maximum Density(unitser oss acre 18 Minimum Density (units per gross acre)____ Setback from public right of way (Maior or Secondary Highway) N/A_ _ i 10 15 35 _ 25 n feet Setback from public right of wav (not on a Major or Secondary Highway) (m feet) Maximum height of a structure without a CUP (in feet) Setbacks from residential ro lines in feet Additional property development standard; contained in Division 1750 (Develonment Standards) shall apply to all Property and structures permitted in commercial zones. B. Permitted Uses. Land use descriptions. permitted uses and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 18 0 0 0 E 1 L J 17.34.020 Neiahborhood Commercial Zoite (CN). I _ - Comment [GP23): General Plan Implementaxlon A. Weyelopment Standardsi Property in the CN zone shall be subiect to the following, general development standards: Maximum Floor Area, Ratio (FAR) of nonresidential uses. 0.5 _- _ Maximum Lot Coverage Maximum Density_(units ver gross acre) 75% 18 N/A Minimum Density units er ss acre Setback from public right of way (Major or Secondary Highwav) : 10 n feet Setback from public right of way (not on a Maior or Secondary 5 Highway) (in feet) Maximum height of a, structure without a CUP (in feed 25 Setbacks from residential ro erty lines in feet Additional property development standards contained in Division 17 50 (Development Standards) shall apply to all property and structures Permitted in commercial zones. B. Permitted Uses. Land use descriptions, permitted uses- and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 - Zoning Designation Summary Page 19 Comment [GP241: General Plan Implementation 0 17.34.030 hezional Commercial Zone (CRL ` , - - comment 1GP231: General Plan �mplemenGnon The Regional Commercial (CR) zoning designation is applied to central and regional commercial districts in the planning area, generally located around the Valencia Town Center and other maior community centers. This designation is intended to promote the development of regional focal points for commercial, entertainment, cultural, and business uses serving the public and drawing from a market area encompassing the entire Santa Clarita Valley. Multiple family dwellings (including live -work units) may be allowed in this zone. A. Development Standardsi - _ - comment EGP261: General Pian Implemantatlon Property in the CR zone shall be subiect to the following general development standards: Maximum Floor Area Ratio FAR of nonresidential uses 2.0 _Maximum Lot Coverage without a CUP Maximum Density (units ver gross acre) 90% 50 18_ 10 Minimum Density (units ver gross acre) _ _ - Setback from public right-of-way (Major or Secondary Hieh�ay) (in feeN Setback from public right-of-wav (not on a Maior or Secondary 5 -_-- Highway) (in feet) _... - ---------- Maximum height of a structure without a CUP (in feet) Setbacks from residential property lines (in feet) 25 Additional property development standards contained in Division 17.50 (Development Standards) shall avvly to all Property and structures permitted in commercial zones. B. Permitted Uses. Land use descriptions, permitted uses and Parking requirements are contained in Division 1740 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 20 • 0 0 E 11 17.34.040 (Business Park Zone (BP)J , - Comment [GP271: General %an Implementation construction. A. IDeyelooment Standards, _ - Comment [GP28]: Genal elan Implementation Property in the BP zone shall be subiect to the following general development standards Maximum Floor Area Ratio (FAR) Maximum Lot Coverage 2.0 90% Maximum Density (units per gross acre) N/A _ _ Minimum Density (units per Bross acre) N/A _ ]0 5 Setback from public right of way (Major or Secondary Highway) n feet Setback from public right of way (not on a Maior or Secondary Highway) (in feet) Maximum hei hg t of a structure without a CUP (in feet) 35 25 _ Setbacks from residential roe lines in feet) Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in commercial/industrial zones. B. Permitted Uses. Land use descriptions. Permitted uses and narking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 21 E 17.34.050 U ndustrlal Zone Q)� -- Comment[GP29): General Plan l mplemenWlOn The Industrial (1) zoning designation provides for industrial districts in areas with adequate access infrastructure, and services and is intended to accommodate the most intensive types of or nuisance conditions will not be allowed. A. Development Standardsi-------------- ------------ ---- ------ --- - - -- -- Comment[GP3o1: General Plan lmPIemenI Wn Property in the 1 zone shall be subject to the following general development standards: Maximum Floor Area Ratio (FAR) .0Maximum --1—.0- MaximumLot Coverage _ _ 900% Maximum Density _(.unit, per gross acre) N/A _- _ . Mini um Density units r oss acre N/A Setback from public right of way (Major or Secondary Highway) 10 5 Setback from public right of way (not on a Maior or Secondary Highway Maximum height of a structure without a CU_ 25 _P___ Setbacks from residential orovertv lines Additional property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in commercial/industrial zones. B. Permitted Uses. Land use descriptions, permitted uses and narking requirements are contained in Division 17.40 (Use Classifications and Required Parking). Any use not listed is considered a prohibited use in this zone. January 2013 1 DRAFT Chapter 17.11 - Zoning Designation Summary Page 22 0 0 • 0 Chapter 17.35 Mixed Use Zones SECTIONS: 17.35.010 Mixed Use Commercial (MXC) Zone. 17.35.020 Mixed Use Neighborhood (MXN) Zone. 17.35.030 Mixed Use Urban Village (MXUV) Zone. 17.35.010 Mixed Use Commercial (MXC) Zone. t _ CO t [GP31): General Plan ImplcmentaUon A. bevelonment Standards] Comment [GP32): General Plan Implementation Property in the MXC zone shall be subject to the following general development standards: January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 23 Additional pronertv development standards contained in Division 17.50 (Development Standards) shall avoly to all oronertv and structures permitted in mixed use zones. B. Permitted Uses, The followinji uses shall be nermitted where the symbol "P" appears: a minor use permit is required where the symbol "M" appears: a conditional use permit is required where the symbol "C" appears: a temporary use permit is required where a "T" appears: an on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection, in accordance with Chanter 17.04 (Interpretations). Land use descriptions are contained in Division 17.40 (Use Classifications and Required Parking). Parking requirements for mixed uses shall be subiect to Section 17.55.050 (Parking Requirements). Residential Use Types 1. Caretaker's Residence P 2. Community Care Facility C 3. Dwelling a. Single -Family b. Two -Family c. Multi -Family P P P 4. Family Day Care Homes P 5. Home -Based Cottage Food Operation AP 6. Home Occupation Business P Z Joint Living/Working Quarters M 8. Model Homes M 9. Residential Health Care Facility C 10. Residential Service/Care Home C 11. Second Unit P P112 Supportive Housing C Transitional Housing C Commercial Use Types 1. jAnimal Sales and Services L Day Care M January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 24 CI U 0 0 • 0 January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 25 b. Grooming and Pet Stores P c. Veterinary Clinic M d. Veterinary Hospital M 2. Banks and Financial Services P 3. Business Sunnort Services P 4. Day Care Centers M 5. Eating and Drinking Establishments a. Banquet Facilities 1) Without alcohol P 2) With alcohol C b. Bars and Alcohol Drinking Establishments C c. Catering Establishment P d. Restaurants I) Limited Service P With alcohol AP 2) Full Service P With alcohol AP 3) Take out/Delivery P e. Alcohol Production (on-site consumption) M 0. Lodging M 7. Medical Services P 8. Nightclubs M 9. Personal Services P 10. Professional Offices P a. Call Center M 11. Recreation, Commercial a. Indoor Entertainment M b. Indoor Sports and Recreation M c. Outdoor Entertainment C d. Recreation Facilities C e. Residential Recreation Facilities P 12. Retail Sales, General P 13. Retail Sales Specific a. Department Stores M b. Discount Stores P c. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores M g. Vendors. Lone Term M January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 25 14. Schools. Specialized Light Manufacturing C a. Vocational Schools M C b. Instructional Schools M 15. Self Storage C Industrial Use Tvpes 1. Light Manufacturing C 2.Studios. Recording C Public and Semi -Public Use Tvpes L Community Assembly C 2. Heliport/Helipad C 3. Museums, Private M 4. Parks. Public and Private C 5. Public Parking Facilities P 6. Public Services General P 7. Public Services. Specific , a. Flood Control Facilities P b. Paramedic and Ambulance Dispatch M c. Park and Ride Lots M d. Preservation of Historic Landmarks P e. Utility Substations C 8. Schools, Public and Private a. Private Primary and Secondary Schools C b. Public Primary and Secondary Schools C 9. Small Wind Energy System P 10. Wireless Communication Facilities a. Above thirty-five feet C b. Up to thirty-five feet M c. Flush -mounted M d. Co -located M Agricultural Use Types 1. Farmer's Market M 2. Riding Trails P January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 26 0 • 0 9 U Temporary Use Tvpes 1. Temporary Residence a. Short Term b. Lone Term T M 2. Temporary Real Estate Office T 3. Holiday Sales T 4. Temporary Uses in Accordance with this Code T Accessory Structures and Uses Use Types L Accessory Structures P 2. Accessory Use P 3. Incidental Services for Employees P 4. Live Entertainment M Development Activities/ Miscellaneous Use Tvpes L Development Activity on Natural Slopes a. Less than 10% b. 10%to 15% c. Greater than 15% P H H 2. Grading Cut and Fill, or Any Combination Thereof, on P H Natural Slopes Exceeding 10% a. 100 to 1,500 Cubic Yards b. 10,000 to 100,000 cubic yards 3. Cluster development in accordance with this Code C 4. Affordable housing density bonus in accordance with P this Code 5. Amenities Densitv/FAR Bonus C January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 27 0 17.35.020 Mixed Use Neighborhood (MXN) Zone. _ _ comment [GP33]: Gener.I Pi.a 1mP�em.ntatbn to a maximum of eighteen (18) dwelling units per acre, and maximum floor area ratio for the non-residential portion of the development shall be 0.5. Building heights shall not exceed 50 feet. A. Development Standards. - 4 Comment [GP34): General Pian Implementation Property in the MXC zone shall be subject to the following general development standards: 1. Maximum Densi units Der Press acre 18 2. Minimum Densi units er ss acre I 6 3. Maximum Floor Area Ratio (FAR) of non-residential _ 0_5 cpm onent _ 4. Minimum Floor Area Ratio (FAR) of non-residential 0.2 cora onent' _... 5. Building setback from public right -of --way (major or ' S — secondary highway) in feet 6. Building setback from Public right-of-way (not on a major or i 0 secondary hi2hwayhCin feet 7 Surface -level parking setback from major/secondary highway ! l0/5 Lin feet 8. Structure setback from neighboring residential zones or uses i 25 nfeet 9. Maximum height of buildinL'strucntre(in feet) 50 Notes I Floor area ratios less than the minimum required shall be subiect to a minor use mmtit. Additional Property development standards contained in Division 17.50 (Development Standards) shall apply to all property and structures permitted in mixed use zones. B. Permitted Uses. The following uses shall be permitted where the svmbol "P" appears; a minor use permit is required where the symbol "M" apoears: a conditional use permit is reauired where the symbol "C" appears; a temporary use permit is required where a "T" appears an administrative permit is required where the symbol "AP" appears; and a hillside development review is required where an "H" appears. Any use not listed is considered a January 2013 I DRAFT Chapter 17.11 — Zoning Designation Summary Page 28 is 0 n U • E prohibited use in this zone. The Director may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection, in accordance with Chapter 17.04 (Interpretations). Land use descriptions are contained in Division 17.40 (Use Classifications and Required Parking). Parking requirements for mixed uses shall be subiect to Section 17.55.050 (Parking Requirements). Residential Use Types 1. Caretaker's Residence P 2. Community Care Facility C 3. Dwelline a. Single -Family b. Two -Family c. Multi -Family P P P 4. Family Day Care Homes P 5. Home -Based Cottage Food Operation AP 6. Home Occupation Business P 7. Joint Living/Working Quarters M 8. Model Homes M 9. Residential Health Care Facility C 10. Residential Service/Care Home C 11. Second Unit P 12. Suoportive Housing C 13. Transitional Housing C Commercial Use Types 1. Animal Sales and Services a. Day Care M b. Grooming and Pet Stores P c. Veterinary Clinic M d. Veterinary Hospital M 2. Banks and Financial Services P 3. Business Support Services P 4. Day Care Centers M 5. Eating and Drinking Establishments a. Banquet Facilities January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 29 January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 30 n U • r1 U 1) Without alcohol P 2) With alcohol C b. Bars and Alcohol Drinking Establishments C c. Catering Establishment P d. Restaurants 1) Limited Service P With alcohol AP 2) Full Service P With alcohol AP 3) Take out/Delivery P e. Alcohol Production (on-site consumption) C 6. Lodging M 7. Medical Services P 8. Nightclubs C 9. Personal Services P 10. Professional Offices P P. Call Center M 11. Recreation. Commercial a. Indoor Entertainment b. Indoor Snorts and Recreation M c. Outdoor Entertainment M d. Recreation Facilities C e. Residential Recreation Facilities C P 12. Retail Sales. General P 13. Retail Sales Snecific a. Department Stores M b. Discount Stores M c. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores M g. Vendors, Long Term M 14. Schools. Specialized a. Vocational Schools M b. Instructional Schools M 15. Self Storage C January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 30 n U • r1 U 0 ?. Studios, Recording C Public and Semi -Public Use Types 1. LQMM nlri Assembly C 2. Heliyort/Helioad C 3. Museums, Private M 4. Parks, Public and Private C . Public Parkin Facilities P Public Services. General P 7. Public Services. Specific a. Flood Control Facilities P b. Paramedic and Ambulance Dispatch C c. Park and Ride Lots M d. Preservation of Historic Landmarks P e. Utility Substations C 8. Schools Public and Private a. Private Primary and Secondary Schools C b. Public Primary and Secondary Schools C 9. Small Wind Energy System P 10. Wireless Communication Facilities a. Above thirty-five feet C b. Up to thirty-five feet M c. Flush -mounted M d. Co -located M Agricultural Use Types I. Farmer's Market M 2. IRidingT,ails P Temporary Use Types L Temporary Residence a. Short Tenn b. Lone Term T M 2. Temporary Real Estate Office T 3. Holiday Sales T 4. Temporary Uses in Accordance with this Code T January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 31 Accessory Structures and Uses Use Types I. Accessory Structures P 2. Accessory Uses P 3. Incidental Services for Employees P 4. Live Entertainment M Development Activities/ Miscellaneous Use Types 1. Development Activity on Natural Slopes a. Less than 10% b. 10%to 15% c. Greater than 15% P H H �. J Grading Cut and Fill, or Any Combination Thereof, on P H Natural Slopes Exceeding 10% a. 100 to 1.500 Cubic Yards b. 10,000t 100,000 cubic yards 3. Cluster development in accordance with this code C 4. Affordable housing density bonus in accordance with P this code 5. Amenities Density/FAR Bonus C January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 32 0 • 0 • 0 1735.030 Mixed Use Urban Village (MXUV) Zone. 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - comment [cP351: General Pian implementation This zone is intended for transit -oriented urban villages that are located in proximity to A. bevelopmentStandards.----------------------------------------------- Comment[nP3e]:cene.iPianimPiaanenanPn Property in the MXUV zone shall he subject to the following general development standards: 50 19 3.0_1.0 1 Floor area mtios less than the minimum mautred shall be subject to a minor use cerciit. Additional property development standards contained in Division 17 50 (Development Standards) shall apply to all property and structures permitted in mixed use zones B. Permitted Uses. January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 33 0 The following uses shall be permitted where the symbol "P" aouears: a minor use permit is required where the symbol "M" appears: a conditional use permit is required where the symbol "C" appears: a temporary use permit is required where a "T" appears: an administrative permit is required where the symbol "AP" appears: and a hillside development review is required where an "H" appears. Any use not listed is considered a prohibited use in this zone. The Director may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection, in accordance with Chapter 17.04 (Interpretations). Land use descriptions are contained in Division 1740 (Use Classifications and Required Parking). Parking requirements for mixed uses shall be subiect to Section 17.55.050 (Parking Requirements). Residential Use Types L Caretaker's Residence P 2. Community Care Facility C 3. Dwelling a. Single -Family b. Two -Family c. Multi -Family P P P 4. Family Day Care Homes P 5. Home -Based Cottage Food Operation AP 6. Home Occupation Business P 7. Joint Living/Working Ouarters M 8. Model Homes M 9. Residential Health Care Facility C Residential Service/Care Home C PI Second Unit P Supportive Housing C Transitional Housing C Commercial Use Types 1. Animal Sales and Services a. Day Care M b Grooming and Pet Stores P c. Veterinary Clinic M d. Veterinary Hospital M 2. Banks and Financial Services P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 34 0 0 0 3. Business Support Services P 4. Day Care Centers M 5. Eating and Drinking Establishments a. Banquet Facilities 1) Without alcohol P 2) With alcohol C b. Bars and Alcohol Drinking Establishments C c. Catering Establishment P d. Restaurants I) Limited Service P With alcohol AP 2) Full Service P With alcohol AP 3) Takeout(Delivery P e. Alcohol Production (on-site consumption) M 6. Lodging M 7. Medical Services P R. Nightclubs M 9. Personal Services P 10. Professional Offices P a. Call Center M 11. Recreation. Commercial a. Indoor Entertainment M b. Indoor Sports and Recreation M c. Outdoor Entertainment C d. Recreation Facilities C e. Residential Recreation Facilities P 12. Retail Sales. General P 13. Retail Sales Specific a. Department Stores M b. Discount Stores P c. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores M g. Vendors. Long Term M 14. Schools. Specialized a. Vocational Schools M b. Instructional Schools M 15. Self Storage C January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 35 Industrial Use Tvves I. LichtManufacturing C 2. Studios, Recording C Public and Semi -Public Use Tvpes L Community Assembly C 2. Helmort/Helipad C 3. Museums, Private M 4. Parks, Public and Private C 5. Public Parkin& Facilities P "Public Services, General P 7. Public Services S ecific a. Flood Control Facilities P b. Paramedic and Ambulance Dispatch M c. Park and Ride Lots M d. Preservation of Historic Landmarks P e. Utility Substations C 8. Schools Public and Private a. Private Primary and Secondary Schools C b. Public Primary and Secondary Schools C 9. Small Wind Energy System P 10. Wireless Communication Facilities a. Above thirty-five feet C b. Up to thirty-five feet M c. Flush -mounted M d. Co -located M Agricultural Use Types 1. Farmer's Market M 2_ IRidin2 Trails P Temporary Use Tvpes 1. Temoorary Residence a. Short Tenn T h Long Term M January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 36 0 9 0 E 0 2. Temporary Real Estate Office T 3. Holiday Sales T 4. Temporary Uses in Accordance with this Code T Accessory Structures and Uses Use Types 1. Accessory Structures P 2. Accessory Uses P 3. incidental Services for Employees P 4. Live Entertainment M Development Activities/ Miscellaneous Use Types 1. Development Activity on Natural Slopes a. Less than 10% b. 10%to 15% c. Greater than 15% _P H H 2. Grading, Cut and Fill, or Any Combination Thereof, on P H Natural Slopes Exceeding 10% a. 100 to 1.500 Cubic Yards b. 10,000 to 100,000 cubic Yards 3. Cluster development in accordance with this code C 4. Affordable housing densitv bonus in accordance with P this code 5. Amenities Density/FAR Bonus C January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 37 0 Chapter 17.36 Open Space Zones SECTIONS: 17.36.010 Open Space (OS) Zone. 17.36.020 Open Space — Agriculture (OS -A) Zone. 17.36.030 Open Space—National Forest (OS -NF) Zone. 17.36.040 Open Space — Bureau of Land Management (OS-BLM) Zone. 17.36.010 Open Space Zone (OS) Comment [GP37]: General Plan Implemenutwn A. bevelopment Standards] Property in the OS zone shall be subiect to the following general development standards: Maximum Density units per gross acre) 0.05 Minimum Density (units per acre N/A _ Minimum Net Lot Area (in acres) _ _ ;20_ Lot Width (in feet) 200 40 Cul-de-sadknuckle lot width in feet) Front yard setback (in feet) 20 _ Side yard setback, each side (m feet) 5/5 - Side vard setback reverse comer lot in get 20 Rear vard setback lin feet) 15. Maximum height t of main structure without a CUP (in feet)_ _ Maximum height of accessory structures not exceeding the _35 135 heirrht of the main stmcttue without a CUP in feet Distance between main structures lin feet) 6 Distance between main and accessory structures (in f� Setback, for public and semi-public uses from residential •, 25 iro ert linesin feet B. Permitted Uses. The following uses shall be permitted where the symbol `P" appears: a minor use permit is required where the symbol "M" appears; a conditional use permit is required where the January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 38 Comment [GP38]: General Plan Implementation • 0 11 is symbol "C" appears: a temporary use permit is required where the symbol "T" appears: an administrative permit where an "AP" appears: and a hillside development review is required where the symbol "H" appears. Any use not listed is considered a prohibited use in this zone. Land use descriotions and parking requirements are contained in Division 17.40 (Use Classifications and Repuired Parking). Residential Use Types Caretakers Residence P Dwelling - Single Family P Home -Based Cottage Food Operation AP Home Occupation Business P Family Daycare Homes - Adult P Family Daycare Homes - Family P Residential Service /Care Home p Second Units p Facilities Supportive Housing P C Transitional Housing P Commercial Use Types Animal Sales and Services — Animal Menagerie C Animal Sales and Services — Animal Shelter C Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Funeral Home C Recreation. Commercial - Outdoor Snorts and Recreation C Recreation, Commercial — Recreation Facilities C Recreation. Commercial — Residential Recreation C Facilities RV Park/Campground C Public and Semi -Public Use Types H"It ort/Helipad C Museums. Private — Historic Site P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 39 Agricultural Use TyM Parks Private C Horticulture — Residential Use Only Parks. Public P Horticulture— For Commercial Sale Public Services. General C Horticulture —Within Public Utility Easements Public Services, Specific — Ambulance and Paramedic C Station P Public Services. Specific - Cemeteries C P Public Services,Specific —Flood Control Facilities P P Public Services. Specific — Park and Ride Lots C P Public Services. Specific — Preservation of Historic P Landmarks Public Services, Specific—Utility Substations C Animals Public Primary or Secondary Schools P Small Wind Energy System P Wireless Communication Facilities — Above 35 Feet in C Height Wireless Communication Facilities — Up to 35 Feet in P Height Wireless Communication Facilities—Flush Mounted C Wireless CommunicationFacilities — Co-located C Zoos - Zoo C Zoo — Petting Zoo C Agricultural Use TyM Horticulture — Residential Use Only P Horticulture— For Commercial Sale P Horticulture —Within Public Utility Easements P Farmers Markets P Keeping of Animals — Beehives — 1 to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keening of Animals — Wild Exotic or Non-domestic P Animals January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 40 C� • is 0 • 0 Accessory Structures and Uses Use Tvoes Keeping of Animals for Educational Purposes — Large or P Small Animals P Riding Trials P P Wildlife Preserves/Sanctuaries P P Holiday Sales T M Temporary Uses In Accordance with this Code T Accessory Structures and Uses Use Tvoes Accessory Structures P AccessoryUses- P Incidental Services for Employees P I5% Live Entertainment M Development Activities/ Miscellaneous Use Tvves Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to 15°/a H Development Activity on Natural Slopes Greater than H I5% Grading Cut and Fill. or Any Combination Thereof. on H Natural Slopes Exceeding 10%- 100 to 1.500 Cubic Yards Grading Cut and Fill, or Any Combination Thereof, on H Natural Slopes Exceeding 10% - Greater Than 1.500 Cubic Yards Transportation of Earth — Less Than 10,000 Cubic Yards P Transportation of Earth —10.000 to 100.000 Cubic M Yards Transportation of Earth — Greater Than 100.000 Cubic C Yards Railroad Rights -of -Way — Operational Activities P RailroadRights-of-Way— AccessoryActivitieslUses P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 41 0 17.36.020 been Space — Agriculture Zone (OS -A) Zone - Comment [GP39]: General Plan implementation of one dwelling unit per five acres, agriculture, equestrian uses, private recreation, privately owned commercial recreation with or without support facilities such as lodging and dining. filming and public and institutional facilities serving the local area in accordance with the goals set forth in the Angeles National Forest Land Management Plan. A. beyelopment Standards] - _ - Comment (GP401: General Plan Implementation ---------------------------------- Property in the OS -A zone shall be subject to the following general development standards•: Maximum Density (units per gross acre) - _ .Q.2 Density (units per acre) NIA _Minimum Minimum Net Lot Area (in acres) _ Lot Width (in feet) _ 200_ Cul-de-sac/knuckle lot width (in feet) 40 20 yard setback in feet _Front Side yard setback, each side (in feet) 515 _ _ Side yard setback, reverse comer lot (in feet _a__ _ Rear Yard setback On feet) height of main structure without a CUP (in feet) 135 10 _Maximum Maximum height of accessory structures not exceeding th height of the main structure without a CUP (tp feet) Distance between main structures (in feet) _ Distance between main and accessory structures (m feet) _ _ b__ Setbacks for Public and semi-public uses from residential 25 nronerty lines in feet B. Permitted Uses. The following uses shall be permitted where the symbol "P" appears; a minor use permit required where the symbol "H" appears. Any use not listed is considered a prohibited use in this zone Land use descriptions and parking requirements are contained in Division 17.40 (Use Classifications and Required Parking). January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 42 • • E • 0 Residential Use Types Caretakers Residence P Dwelling - Single Family P Home -Based Cottage Food Operation AP Recreation Home Occupation Business P C Family Daycare Homes -Adult P C Family Daycare - Family P RV Park/Camwound Residential Service /Care Home P Second Units P Supportive Housing P Transitional Housing P Commercial Use Types Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Recreation, Commercial - Outdoor Sports and C Recreation Studios, Recording - Television Recreation, Commercial — Recreation Facilities C Recreation. Commercial — Residential Recreation C Facilities RV Park/Camwound C Industrial Use Types Studios, Recording - Movie C Studios, Recording- Music C Studios. Recording - Radio C Studios, Recording - Television C Public and Semi -Public Use Tvpes Heliport/Helinad C Museums, Private— Historic Site P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 43 Agricultural Use Types Parks, Private C Horticulture—Residential Use Only Parks. Public P Horticulture — For Commercial Sale Public Services, General C Horticulture— Within Public Utility Easements Public Services. Specific — Flood Control Facilities P Farmers Markets Public Services. Specific — Preservation of Historic P Landmarks P Public Services. Specific --Utility Substations C P Small Wind Energy System P P Wireless Communication Facilities — Above 35 Feet in C Height Wireless Communication Facilities — Up to 35 Feet in P Height Wireless Communication Facilities —Flush Mounted C Small Animals Wireless CommunicationFacilities — Co -located C P Zoos - Zoo C P Zoo — Petting Zoo C Agricultural Use Types Horticulture—Residential Use Only P Horticulture — For Commercial Sale P Horticulture— Within Public Utility Easements P Farmers Markets P Keening of Animals — Beehives — 1 to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keeping of Animals— Wild. Exotic or Non-domestic P Animals Keeping of Animals for Educational Purposes — Large or P Small Animals Riding Trials P Wildlife Preserves/Sanctuaries P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 44 0 • 0 • Accessory Structures and Uses Use Tvoes Accessory Structures P Accesses Uses P Incidental Services for Employees P 15% Live Entertainment M H Shared Water Well Ic Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 100/6 P Development Activity on Natural Slopes 10% to 15% H Development Activity on Natural Slooes Greater than H 15% Gradine Cut and Fill, or Any Combination Thereof, on H Natural Slooes Exceeding 10%- 100 to 1.500 Cubic Yards Grading Cut and Fill, or Any Combination Thereof. on H Natural Slopes Exceeding 10% - Greater Than 1.500 Cubic Yards Transportation of Earth — Less Than 10.000 Cubic Yards P Transportation of Earth — 10,000 to 100,000 Cubic M Yards Transportation of Earth — Greater Than 100.000 jCqhk C Yards Railroad Rights -of -Way— Operational Activities P Railroad Rights -of -Way — Accessory Activitims ses P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 45 0 17.36.030 Open Since - National Forest Zone (OS -NF). I - - - - - - - - - - - - - - - - - - - - - - - - - - Comment igP41): Geneml Plan ImPlementanoo The Open Space -National Forest (OS -NF) zonine designation identifies lands in the planning area within the National Forest. A. Development Standards] _ _ -j Comment CGP421: Gemral MR imn�ementatwn Property in the OS -NF zone shall be subiect to the following general development standards: Maximum Density (units per gross acre) Q.05 _ Minimum Density (units per acre) _ _ _ N/A 20 Minimum Net Lot Area (in acres)_ Lot Width (in feet) 200 _ _ Cul-de-sac/knuckle lot width (in feet) 40 20 Front yard setback in feet) 515 _ Side yard setback, each side (in feet) Side setback, reverse comer lot (in feet)_ _ _ _ 20 __ _ Rear yard setback (in feet) 15 Maximum height of main structure without a CUP (in feet)_ _ 35 _ B. Permitted Uses. The following uses shall be permitted where the symbol "P" appears: a minor use permit is required where the symbol "M" appears-: a conditional use permit is required where the requirements are contained in Division 17.40 (Use Classifications and Required Parking). Residential Use Types Caretakers Residence P Dwelling - Single Family P Family Daycare Homes - Adult P Family Daycare Homes - Family P Residential Service /Care Home P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 46 0 0 Commercial Use Types Second Units P Animal Sales and Services - Riding Academies Supportive Housing P Animal Sales and Services — Commercial Stables Transitional Housing P Commercial Use Types Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Recreation. Commercial - Outdoor Sports and C Recreation Parks. Public Recreation. Commercial — Recreation Facilities C Public Services, General Recreation. Commercial — Residential Recreation C Facilities P RV Park/Camoground C Public and Semi -Public Use Types Heliport/Helioad C Museums. Private— Historic Site P Parks Private C Parks. Public P Public Services, General C Public Services. Soecific — Flood Control Facilities P Public Services. Soecific — Preservation of Historic P Landmarks Public Services. Specific — Utiliri Substations C Small Wind Energy System P Wireless Communication Facilities — Above 35 Feet in C Height Wireless Communication Facilities — Un to 35 Feet in P Height Wireless Communication Facilities—Flush Mounted C Wireless CommunicationFacilities— Co -located C Zoos - Zoo Ic Zoo — Petting Zoo C January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 47 0 Aericultural Use Types Horticulture — Residential Use Only P Horticulture — For Commercial Sale P Horticulture— Within Public Utility Easements P 15% Farmers Markets P P Keeping of Animals — Beehives — 1 to 3 Beehives P Keeping of Animals — Beehives —4 or More Beehives P Natural Slopes Exceeding 10% - Greater Than 1.500 Keening of Animals — Large Animals P Keeping of Animals — Small Animals P Keeping of Animals — Wild, Exotic or Non-domestic P Animals Keeping of Animals for Educational Pumoses — Large or P Small Animals Riding Trials P Wildlife Preserves/Sanctuaries P Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P 15% Live Entertainment M P Shared Water Well C Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to 15% P Development Activity on Natural Slopes Greater than P 15% Grading Cut and Fill, or Any Combination Thereof, on P Natural Slopes Exceeding 10%- 100 to 1,500 Cubic Yards Grading Cut and Fill, or Any Combination Thereof, on P Natural Slopes Exceeding 10% - Greater Than 1.500 January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 48 0 • 0 • January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 49 0 Cubic Yards Transportation of Earth — Less Than 10.000 Cubic Yards P Transportation of Earth —10,000 to 100,000 Cubic M Yards Transportation of Earth — Greater Than 100,000 Cubic C Yards RailroadRiehts-of-Way — Operational Activities IP RailroadRiehts-of-Way—Accessory ActivitiesNses lip • January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 49 0 0 17.36.040 (Open Space - Bureau of Land Management Zone (OS-BLM)a - _ -I comment [GP43]: General Plan Implementation The Open Space - Bureau of Land Management (OS-BLM) zoning designation identifies lands in the planning area owned by the United States Bureau of Land Management. A. [Development Standards ----------------------------------------------- Comment [GP44]: General Pian imPlementaoon Property in the OS-BLM zone shall be subiect to the following general development standards: Lot Width (in feet) Cul-de-sac/knuckle lot width (in feet) _ #40 Front yard setback (in feet)Side vard setback. each side (in feet) /5 Side yard setback, reverse comer lot (in feet Rear yard setback (in feet) height of the main structure without a CUP (in feet) Distance between main structures (in feet) 1 0 Distance between main and accessory structures (in feet) Setbacks- for public and semi-nubhc uses from residential 125 B. Permitted Uses. The following uses shall be Permitted where the symbol "P" appears: a minor use permit is required where the symbol "M" appears; a conditional use Permit is required where the symbol "C" appears; a temporary use Permit is required where the symbol "T" appears: and a hillside development review is required where the symbol "H" appears Any use not listed is considered a prohibited use in this zone. Land use descriptions and narking requirements are contained in Division 17.40 (Use Classifications and Required Parking) Residential Use Tvves Caretakers Residence P Dwelling - Single Family P Family Daycare Homes - Adult P Family Daycare Homes -Family P Residential Service /Care Home P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 50 • 0 • Commercial Use Types Second Units P Animal Sales and Services - Riding Academies Supportive Housing P Animal Sales and Services — Commercial Stables Transitional Housing IP Commercial Use Types Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Recreation. Commercial - Outdoor Sports and C Recreation Parks, Public Recreation, Commercial — Recreation Facilities C Public Services, General Recreation. Commercial — Residential Recreation C Facilities P RV Park/Camaground IC Public Services. Snecific — Preservation of Historic Public and Semi -Public Use Tvoes Heliport/Helinad C Museums. Private — Historic Site P Parks. Private C Parks, Public P Public Services, General C Public Services. Specific — Flood Control Facilities P Public Services. Snecific — Preservation of Historic P Landmarks Public Services, Specific—Utility Substations C Small Wind Energy System P Wireless Communication Facilities— Above 35 Feet in C Height Wireless Communication Facilities— Up to 35 Feet in P Beight Wireless Communication Facilities—Flush Mounted C Wireless Communication Facilities — Co -located C Zoos - Zoo C Zoo — Petting Zoo IC January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 51 Agricultural Use Types Horticulture— Residential Use OnYv P Horticulture— For Commercial Sale P Horticulture — Within Public Utility Easements P 15% Farmers Markets P H Keeping of Animals — Beehives — 1 to 3 Beehives P Keening of Animals — Beehives — 4 or More Beehives P Natural Slopes Exceeding 10% - Greater Than 1.500 Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keeping of Animals — Wild. Exotic or Non-domestic P Animals Keeping of Animals for Educational Purposes — Large or P Small Animals Riding Trials P Wildlife Preserves/Sanctuaries P Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P 15% Live Entertainment M H Shared Water Well C Development Activities/ Miscellaneous Use Types Development Activity on Natural Slopes Less than 10% P Development Activity on Natural Slopes 100% to 15% H Development Activity on Natural Slopes Greater than H 15% Grading Cut and Fill, or Any Combination Thereof- on H Natural Slopes Exceeding 10%- 100 to 1.500 Cubic Yards Grading Cut and Fill, or Any Combination Thereof, on H Natural Slopes Exceeding 10% - Greater Than 1.500 January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 52 0 iIL 0 0 January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 53 9 Cubic Yards Transportation of Earth — Less Than 10.000 Cubic Yards P Transportation of Earth — 10,000 to 100.000 Cubic M Yards Transportation of Earth — Greater Than 100.000 Cubic C Yards RailroadRights-of-Way — Operational Activities P Railroad Rights -of -Way— Accessory ActivitiesNses P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 53 9 Chapter 17.37 Other Zones SECTIONS: 17.37.010 Corridor Plan (CP) Zone. 17.37.020 Public/Institutional (PI) Zone. 17.37.030 Specific Plan (SP) Zone. 17.37.010 Corridor Plan Zone (CP)j _ _- - -4 comment Icvasl: G.�w.l abs imp�,vrena,non January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 54 • 0 LJ • • 17,37.020 Oublie/Institutional Zone (PI) [ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Comment [GP461: Generd Plan m Plemeoaaeon agency for each proiect, based upon the type and intensity of use A.Development Standards -I Comment [GP471: General Plan ImPlemenbmn Property in the PI zone shall be subject to the following general development standards Maximum Floot Area Ratio FAR 1 .50 to 1 Maximum height of building/structure without a CUPinf t 35 Maximum height of an accessory buildin structure in fee 1 35 Setback from public right of way (Maior or Secondary Highway) in feet j 10 Setback from public right of way (not on a Maior or Secondary Highway) in feet 5 Setbacks from residential propeM lines in feet B. Permitted Uses, Division 17.40 (Use Classifications and Required Parking). Residential Use Tvoes Caretakers Residence P Dwelling - Single Familv P Family Daycare Homes -Adult P Family Daycare - Famdy P Fratemity/Sorority Houses C Residential Service /Care Home P Second Units P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 55 Commercial Use Types Aircraft Services — Aimort C Aircraft Services — Heliport C Animal Sales and Services - Kennels M Animal Sales and Services — Animal Shelter M Animal Sales and Services - Riding Academies C Animal Sales and Services — Commercial Stables C Day Care Centers P Medical Services P Recreation. Commercial — Indoor Entertainment C Recreation, Commercial — Indoor Sports and Recreation C Recreation. Commercial — Outdoor Entertainment C Recreation. Commercial — Outdoor Sports and C Recreation Recreation. Commercial — Recreation Facilities P Recreation. Commercial - Residential Recreation C Facilities Schools, Specialized— Vocational Schools C Schools, Specialized —instructional Schools C Vehicle Sales and Services— Fuel Sales M Vehicle Sales and Services — Repair and/or Maintenance M Industrial Use Types Landfill C Recvcline— Materials Recovery Facility C Public and Semi -Public Use Types January 2013 1 DRAFT Chapter 17.11— Zoning Designation Summary Page 56 0 • 0 0 January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 57 0 Aimorts C Community Assembly —Churches Temples, Synapogues and Other Places of Worshi C Community Assembl — Public and Private Nonprofit C Clubs, Lodges, Fraternal Organizations and Meeting Halls Community Assembly community Centers P Helipad C Homeless Shelters P Hospital Services C Museums. Private M Parks. Private C Parks. Public P Public Parking Facilities P Public Services, General P Public Services Specific —Ambulance and Paramedic P Station Public Services. Specific - Cemeteries C Public Services, Specific — Comoration Yards P Public Services, Specific — Flood Control Facilities P Public Services, Specific — Incarceration Facilities C Public Services. Specific — Park and Ride Lots P Public Services. Specific — Preservation of Historic P Landmarks Public Services. Specific—Utility Substations C Rehabilitation Facility M Schools. Public or Private — College or University C Schools. Public or Private — Private Primary or C Secondary Schools Schools. Public or Private — Public Primary or Secondary Schools P Small Wind Energy System P Wireless Communication Facilities — Above 35 Feet in IC January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 57 0 Agricultural Use Types Height Horticulture— Residential Use Only Wireless Communication Facilities — Up to 35 Feet in P Height P Wireless Communication Facilities—Flush Mounted C P Wireless CommunicationFacilities — Co -located C P Zoos - Zoo C P Zoo — Petting Zoo C Agricultural Use Types Horticulture— Residential Use Only P Horticulture— For Commercial Sale P Horticulture — Within Public Utility Easements P Farmers Markets P Keeping of Animals — Beehives — I to 3 Beehives P Keeping of Animals — Beehives — 4 or More Beehives P Keeping of Animals — Large Animals P Keeping of Animals — Small Animals P Keening of Animals — Wild. Exotic or Non-domestic P Animals Keeping of Animals for Educational Purposes — Large or P Small Animals Riding Trials P Wildlife Preserves/Sanctuaries P Temporary Use Types Holiday Sales T Temporary Uses In Accordance with this Code T Accessory Structures and Uses Use Types Accessory Structures P Accessory Uses P Incidental Services for Employees P January 2013 1 DRAFT Chapter 17.11 — Zoning Designation Summary Page 58 0 • 0 0 • 9 Development Activities/ Miscellaneous Use Types Development Activitv on Natural Slopes Less than 10% P Development Activity on Natural Slopes 10% to IS% H Development Activity on Natural Slopes Greater than H 15% Gradin¢ Cut and Fill, or Any Combination Thereof. on H Natural Slopes Exceeding 10%- 100 to 1.500 Cubic Yards Grading Cut and Fill, or Anv Combination Thereof. on H Natural Slopes Exceeding 10%- Greater Than 1.500 Cubic Yards Transportation of Earth — Less Than 10.000 Cubic Yards P Transportation of Earth — 10,000 to 100.000 Cubic M Yards Transportation of Earth — Greater Than 100,000 Cubic C Yards RailroadRights-of-Wav—Operational Activities P Railroad Rights-of-Wav— Accessory Activities/Uses P January 2013 I DRAFT Chapter 17.11 — Zoning Designation Summary Page 59 11 17.37.030 �necifie Plan Zone (SPIE - - -j Comment EGP481: General Pian ImPlemenw1on January 2013 1 DRAFT Chapter 17.11 —Zoning Designation Summary Page 60 0 0 0 C� J 0 Division 17.40 Use Classifications and Required Parking Chapter 17.41 General A. This is not a complete list of uses for the City of Santa Clarita. The Director, or its designee, may determine that a use not listed in this ehepkr division is similar to a listed use and process the proposal as the similar use would be processed. B. The following uses shall be designated as follows: I_p !rohibited where the symbol "X" appears; 2. sPermitted where the symbol "P" appears; 3_pPermiued subject to a Conditional Use Permit (CUP) where the symbol "C" appears; 4. pEermitted subject to a Minor Use Permit (MUP) where the symbol "M" apps 8. Permitted subject to an Administrative Permit where an "AP" appears• and 9. Permitted subiect to a Rideeline Alteration Permit where the symbol "R" appears C. Uses identified as a permitted use "P" may be subject to other entitlements identified in this code. D. Multiple entitlements may apply to each project based on the proposal for development. E. 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 General Plan and this Code shall be met. January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 1 Chapter 17.42 Residential Use Types 1. Caretaker's Residence Parking Includes permanent or temporary housing that is secondary or accessory to the primary nonresidential use on the same property. Caretaker's housing shall be used exclusively bedmems-er-pe"ien for occupancy by a caretaker for security or monitoring of the primary use. Caretaker'. thereei' 2 fully enclosed residences shall comply with the parking standards for single-family residential us,� . spaces; spaces may be tandem NUI NU2 NU3 NU4 NUS URI I UR2 I UR3 I UR41 URS I CR I CC I CN I BP I 1 P P P P P P I P I P I P P P I P P P I P 2. Community Care Facility Parking Includes any residential facility which is planned, designed and managed to include 0.5 spaces per unit; plus facilities and common areas that maximize the residents' potential for independent guest parking at I space living. The facility may be occupied by elderly or haadieePpet4disabled persons or per each 8 units households as defined in the Health and Safety Code. Direct services that may be provided include those relating to nutritional, social, recreational, housekeeping and personal needs of the residents. NU1 NU2 I NU3 I NU4 I NU51 URI I UR21 UR3 I UR41 URS I CR I CC I CN I BP I 1 ZC $ X X X X I X I C I C C I C I C I C I X I X 3. Dwelling Parking. Includes a building or portion of a building with a single room or group of internally connected rooms that is designed exclusively for the long-term habitation of a family and contains facilities for sleeping, eating, sanitation and a kitchen. a. Single -Family - a detached building designed exclusively for occupancy by a single 2 Polly enclosed spaces family. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 P P P P P P P P P P X X X X X b. Two -Family - includes a duplex, or other building designed for occupancy by two (2) 2 fully enclosed spaces families living independently of each other, which may be owned individually or by a per unit single landlord. NUI I NU21 N113 I NU4 I NU51 URI I UR2 UR3 I UR41 URS I CR I CC I CN I BP I 1 X X I X X X X X PI P I P I X I X I X I X I X c. Multifamily - includes a building designed and intended for occupancy by three (3) or ",sae-yar..;R more families living independently of each other, each in a separate dwelling unit, which spoee shall be ass gried may be owned individually or by a single landlord. Includes apartments, townhomes, te-seep- dwelling -nein_ row houses, triplexes, and fourplexes. Accessible parking stalls shall be r,�iuired in accordance with the building code. ffl- - be MAJ. A"Wobte FaI 4h - i, 1, Ase- f FOSWMW Of the PFOVeFty e. &O the gw,.s January 2013 1 DRAFT Chapter 17.12 and 17.13 - Use Type Classifications and Permitted Use Charts Page 2 L L 0 0 Comment IGPI]. General plan implamantatlon , 1 • I January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 3 (1) Studio - 13 enclosed parking spaces per unit (2) One Bedroom - 4,3S 2 enclosed parking spaces per unit (3) Two Bedroom - 2 enclosed parking spaces per unit (4) Guest Parking - 1 parking space per each two units (for complexes with more than 3 units (5) For senior/ate restricted developments, one parking Space per each two units. Dius recruited u t Darkin2 NUI I NU2 I NU31 NU41 NU51 URI I UR21 UR3 I UR41 URS j CR I CC I CN I BP I 1 _X_ _X X_I X I X I X I X I PP_ P 6M C X I X 4. Family Day Can Homes Parking Includes a private single-family dwelling where nonmedical cam and protection are 2 fully enclosed spaces provided to individuals for periods less than twenty-four (24) hours. a. Adult - up to six (6) adults. b. Family - up to fourteen (14) children. Family day care homes shall be licensed by the State and consistent with Section 1597.30 of the Health and Safety Code. NUl I NU2 I NU3 I NU41 NU51 URI I UR2-1 UR3 I UR41 URS I CR I CC I CN I BP I I P P P P P I P I P I P I P P P I P I X I X I X 5. Fraternity and Sorority Houses Parking Includes buildings containing sleeping rooms, bathrooms, common rooms and a central 0.75 spaces per bed kitchen and dining room maintained exclusively for fratemity/sorority members and their nests or visitors and affiliated with an institution of higher learning. NUt I NU2 I NU3 I NU41 NU51 URI I UR2 I UR3 I UR41 UR5 I CR I CC I CN I BP I 1 X X X X I X I X I X I C I C C I X I X I X I X I X 6. Home -Based Cottage Food Operation Parking Includes an enterprise, which produces and sells cottage fiord products in the home No additionalparking kitchen of a primary residential dwelling unit A cottage food operation shall be rNuired considered an accessory use and shall not operate as a food faciliry or wholesale food manufacturer. Home-based cottage food operations shall be in accordance with Section 17.66.025 (Cottage Food QggLtionsj. January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 3 Comment [GP2): GeMml Plan Implementation - _ I COMM t [Ml: General Nn Impiememation - _ L 0 NUI NU2 NUI NU4 NUS URI URI UR3 UR4 UR5 CR CC CNBP 1 AP AP AP AP AP AP AP AP AP AP AP AP AP j X X 67. Home Occupation Businesses I Parking Includes office businesses which are incidental and accessory to a residential use and No additional parking does not include the storage of materials of any kind or product manufacturing of any required kind. Home occupation business shall be in accordance with Chapter 17.65 (Home Occu ation). NUI I NU21 NU31 NU4 I NU51 URI I UR2 I UR3 I UR41 URS I CR I CC I CN I BP I I P P P P I P I P I P PI P P P I P I X I X X 78. Joint Living and Working Quarters (Live/work Unitsl Parking Includes a dwelling occupying a building designed for commercial or industrial 2 fully enclosed spaces occupancy and includes adequate working space reserved for, and regularly used by, one for residential use and or more persons residing therein. Joint living and working quarters shall be in one parking space for accordance with Section 17.66.080 (Joint Living and Working Ouarters). every 250 square feet of ommercial space NUI NU2 NU3 I NU4 I NUS I URI UR2 UR3 UR4 URS CR CC CN BP 1 X t_X __ X_I X L X T X X xC _NC_ _NC GM C C I C C 89. Model Homes Parking Includes dwellings initially constructed for the purposes of displaying the different 3 spaces per model housing models offered for sale within a residential development. NUI NU2 NU3 NU4 NUS URI I UR2 I UR3 I UR41 URS I CR CC CN BP 1 • M I M I M M M M I M I M I M I M I M M NM X X 910. Mobile Home Park Parking Includes sites containing spaces with the required improvements and utilities that are 2 spaces per unit; leased for the long-term placement of mobile or manufactured homes and may include spaces may be tandem; services and facilities for residents. plus 1 space per 2 units for guest parking NUI I NU2 I NU3 I NU41 NUS I URI I UR21 UR3 I UR41 UR5 I CR I CC I CN I BP I 1 C C I C I NC I NC I NC I C I C I C I C I X I C I X I X I X 4011. Residential Health Can Facility Parking Includes residential facilities usually occupied by the elderly that provide rooms, meals, 0.5 spaces for each personal care and health monitoring services under the supervision of a professional d..ellm, unit and'or nurse a other professional health care provider and that may provide other services, such bcd as recreation, social and cultural activities, financial services and transportation. Typical uses include convalescent homes. NUI N"INU43 URl UR2 UR3 UR4 UR5 CR CC CN BP I ___ C C C C X td,Serviee/Care Home Parking 4412. Resides January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 4 �J 11 Fr ..t IGP4]. General Plan Implementation 0 Includes a private single-family residence where twenty-four (24) hour care, nonmedical 2 fully enclosed spaces services, supervision, treatment or assistance essential for sustaining the activities of daily living to six (6) or fewer persons is provided. Residential service/care home shall be consistent with Section 1500 et sea. of the Health and Safety Code and any other app licable State law. NUI I NU21 NU3 I NU41 NU51 URI I UR21 UR3 I UR41 UR5 I CR I CC I CN I BP I 1 P I P I P I P I P I P I P I P I P P I X I X I X I X X 4313. Rooming House Parking Means a dwelling unit (other than a hotel or motel) where three (3) or more rooms are 2 fully enclosed stalls; rented individually or separately to tenants under separate rental agreements where plus one parking stall tenants do not share common financial responsibility for use of the dwelling unit as a for each resident 18 whole. Rent may be paid in money, goods, labor, or otherwise. Rental agreements may years or older be written or oral. Housing protected by Federal or State law, including housing for persons protected under the Fair Housing Act (42 U,5 C, Section 3604(F)) and the California Fair Housing Act (California Govemment Code Section 12920 et seq.), or housing otherwise subject to treatment as a single-family dwelling unit by the provisions of State law shall not constitute a roomin house. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X I X I X I X P. P. I P. I X I X I X I X X *Rooming houses are not permitted in neighborhoods that are comprised predominantly of single-family detached residential units. +314. Second Unit Parking Includes a detached or attached dwelling unit that provides complete independent living 1 space per every 2 facilities for one or more persons. It shall include permanent provisions for living, eating, bedrooms or portion cooking (kitchen) and sanitation on the same parcel upon which a primary dwelling is thereof; in addition to located. An attached second unit is not considered to be a two-family structure. Second required parking for the units shall be in accordance with Chapter 17.57 (Property Development Standards — primary dwelling unit. Residential). sS aces may be tandem NUI INU21NU31 NU41NU51 URI I UR21UR31UR41 UR5 I CR I CC I CN I BP I 1 AP I AP AP APR I PAP I PAP I RAP I FAP I PAP I PAP I X I X I X I X I X 15. 15utmortive.O)wiaervlal Uses Seryinz the Lwal-Areal Parkin Supportive commercial uses serving the local area, such as grocery stores restaurants, Parking as determined personal services and retail sale of smialty Roods,may be permitted in a Proposed by the Director development oroiect new establishment or conversion of a residence provided thatthe size, location, design, and use types are determined to be compatible with the surrounding area Such supportive commercial uses in the NU4 and NU5 zones shall be in located in activity areas, must be at least one (1) mile from any commercial land use designation, and must not exceed five (5) acres in size A change in use in an established activity area shall be subject to the required entitlement for such use in the CN zone However. vennitted use in the CN zone shall reauire a MUP. NUI I NU2 I NU3 I NU4 I NU5 I UR( I UR2 I UR3 I UR4 I UR5 I CR I CC I CN I BP 1 1 M M M M M M M I M I M I M X i X I X I X I X +416 Supporti Ing I Parkin January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 5 pOmmant [GPS]: General Flan Implementation Includes housing with no limits on length of stay that is linked to on-site or off-site Parking 1 space for each staff services that assist a resident in retaining housing, improving his/her health conditions member, plus I space and maximizing his or her ability to live and, when possible, work in the community. but not limited to an adult arcade, adult bookstore, adult theater, cabaret, love parlor, for each resident using a model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual contained in this motor vehicle NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P C C X X X 43617 Transitional Housing definition does not apply, nor shall be interpreted to apply, to any business conducted, Parking Includes buildings configured as a rental housing development but operated under 1 space for each program requirements. Upon termination of assistance, the unit shall be recirculated as resident over 18 years an assisted unit to another eligible program recipient at some predetermined point in time of age where length of stays shall be no less than six (6) months and no more than two (2) NUIINU21NU31NU41NUSI URI I UR21UR31UR41 UR51 CR I CC I CN I BP 1 1 X I X I X I X I X I X I X I X PA X PA X ears. Parkin Includes an area of land for public or private, aircraft trios as described below. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P C C X X X Chapter 17.43 Commercial Use Types 1. Adult Businesses Parking Includes any business which, because minors are excluded by virtue of their age as a Each specific use type prevailing business practice, is not customarily open to the general public, including, shall be calculated per but not limited to an adult arcade, adult bookstore, adult theater, cabaret, love parlor, parking requirements model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual contained in this novelty store or any other similar use wherein the preponderant business is the offering Geode of services, materials and/or products which have as their dominant theme the sexual arousal, sexual gratification and/or sexual stimulation of a customer. Adult businesses shall be in accordance with Chapter 17.61 (Adult Business Regulations). This definition does not apply, nor shall be interpreted to apply, to any business conducted, operated by, or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers, licensed massage therapists, or licensed marriage and family counselors when performing functions under or Pursuant to the respective license held. NUIINU21NU31NU41NUSI URI I UR21UR31UR41 UR51 CR I CC I CN I BP 1 1 X I X I X I X I X I X I X I X PA X PA X 1AMMMAMd Parkin Includes an area of land for public or private, aircraft trios as described below. Parkine as determined by the Director a. Airport - An area of land used for commercial and general aviation aircraft take offs and landings of fixed wing aircraft includine any armunenant areas for airport buildings. airfield landin trins. aircraft o eratinnand related facilities includiniz a tans and taxiways, control towers assen er terminals hangers, safety li lits and structures. These may also include facilities for aircraft manufacturing, maintenance, repair, and reconditioning. Public airports may include aircraft sales and other surroortive retail and food services for the air -traveling public and airport em Io ees. All airports must comply with the regulations of the Federal Aviation Administration and California Department of Transportation, Division of Aeronautics. January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 6 0 • 0 0 • 0 NUIINU21NU31NU41NU51 URI I UR21UR31UR41 UR51 CR I CC CN BP I X I C I C I C I C I 2i I X I X I 2i I X I C I C X C C b. Heliport - An area for the landing and takeoff of rotary wine aircraft for embarking and disembarking nasseneers and other numoses. with safety and navigation markines and facilities as required by the Federal Aviation Administration and California Department of Transportation Division of Aeronautics This use may also include accessory helico ter hanger and maintenance facilities. Helinorts may be located on the ground or on the top of a building. This use shall be for commemiallindustrial uses and shall not preclude accessory public and semi- ublic heli ads in accordance with Section 17.37.020 Public/Institutional Zonel of this code. NUI NU2 NU3 NU4 NUS UR1 UR2 UR3 UR4 I URS I CR I CC CN BP 1 C C C C C X X X X C C X C C 3. Animal Sales and Services T Parking Includes facilities primarily engaged in animal -related sales and services. The following are animal sale and service use a. Animal Crematory - includes a facility where deceased animals are burned and I space per 250 square reduced to ashes. feet of area NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CCICNI BPI I 2i I X I X I X I X 1 X I X I X I X I X I X C I X I C I M b. Animal blenaeerie - a Place where wild animals are kept or maintained for any Parking as determined commercial puse.including la es where wild animals are boarded trained or keyt by the Director for hire. This use does not include a Veterinary Clinic or a Vetermary Hospital. Animal Mena2eries shall have a minimum lot size of two 2 acres. NUI FNU27NU31NU41NUSI URI UR2 UR3 UR4 URS CR CC CN BP 1 C I C I C I C I C I X X 1 X I X I X I X X I a X X c. Animal Shelter - includes establishments primarily engaged in providing shelter and adoption services for small animals and may include short- or long-term boarding. All boarding shall be in accordance with the provisions of Section 17.66.090 Kennels , I space per 250 feet of area (excluding area devoted to housing of animals) NUI NU2 N113 NU4 NUS URI UR2 1JR3 UR4 URS CR CC CN BP 1 C C C C C X X X X X X A4C ,MX kM kb1 d. Day Care - includes the keeping of animals for a brief period of time that does not include overnight. 1 space per each 5 animals; plus required parking for additional uses on site NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BP 1 C C C C C X X X X X MI M I M I M I M e_Grooming and Pet Stores - includes the grooming and/or selling of dogs, cats, and similar small animals with limited indoor boarding of animals during the day. I space per 250 square feet NUl NU2 I NU3 NU4 NUS URI U112 UR3 UR4 URS CR CCCN BP I X X X X X X X X X X P P M M xm f_Kenuels - includes indoor or outdoor overnight and/or long-term boarding, breeding, raising, or training of dogs, cats, and similar small animals over the age of four (4) months for a fee or for sale. Kennels shall be in accordance with the envisions of Section 12.66.090 Kennelsj. I space per each 10 animals; plus required parking for additional uses on site January 2013 1 DRAFT Chapter 17.12 and 17,13 — Use Type Classifications and Permitted Use Charts Page 7 NUIINU21NU31NU41NU51URIJUR21UR31UR41UMICRICCICNI BPI I M I M I M I M I C I X I X I X I X I X I X I M I X I X I M Riding Academies - includes establishments where horses are boarded and cared 1 space per 3 animals for and where instruction in riding, jumping, and showing is offered and where horses ma be hired for ridin . NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BP 1 M I M I M I M I C I C I C I X I X I X X X X C C h. Stables, Commercial - includes stables for horses, mules, or ponies which are I space per 5 animals rented, used or boarded on a commercial basis for a fee. NUl NM NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 M M M M C C C X X X X I X X C C i. Veterinary Clinic - includes a fully enclosed veterinary facility providing routine I space per 250 square examinations and treatment of small animals (less than three-twohundreds feet of area (excluding (300250) pounds), including vaccinations, and may include short -tern boarding not area devoted to overnight) and grooming services for patients. Boarding shall be in accordance with housing of animals) the provisions of Section 17.66.090 Kennels . NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR 1 CC I CIS BP I C C C C C X X X X X X AQP M X P 1 Veterinary Hospital - includes a veterinary facility where animals are given medical or surgical treatment and may include long-term boarding (one or more night stav) and grooming services for patients. Boarding shall be in accordance with the provisions of Section 17.66.090 (Kennels). (t) Small Animals - a veterinary hospital for animals weighing less than thr two I space per 250 square hundred fii�(390250) pounds feet of area (excluding area devoted to housing of animals) NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C- C X X X X X X I M M X P (2) Large Animals - a veterinary hospital providing medical care for animals I space per 250 feet of exceedingthree-two hundred Lift t (300250) pounds. area (excluding area devoted to housing of animals NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C X X X X X X M X X P 4. Auction Facilities I Parking Includes facilities where objects of art, furniture, equipment, vehicles, and other goods are offered for sale to people who bid on the object in competition with each other. a. Auction House - indoor auction facilities. I space per each 3 occupants NUIINU21NU31NU41NU51URIJUR21UR31UR41UP51CRICCICNI BPI I 2il 2i 1 X I X I X I X I X I X I X I X I M I M I M I M I M b. Auction Yard - outdoor auction facilities. As determined by the Director January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 8 0 • • 0 E 0 NUIINU21NU31NU41NU51URIJUR21UR31UR41UR51CRICCICNI BPI 1 2i I X I X I X I X I X I X I X I X I X I X I X I X I C I C 5. Banks and Financial Services Parkhill Includes financial institutions including: banks, credit agencies, credit unions, 1 space per 20&250 investment companies, savings and loans, and similar financial services. square feet NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 UR5 CR CC CN BP t X 1 X I X I X I X I X I X I X I X I X I P I P I P I P I P 6. Business Support Services Parking Includes establishments primarily engaged in rendering services to business I space per 250 square establishments on a fee or contract basis. Services include, but are not limited to: feet a. Advertising; b. Blueprinting; c, Computer related services; d. Office equipment maintenance and repair; e. Office equipment sale and rental; E Mailing/shipping; g. Photocopying. NU1 NU2 NU3 NU4 NUS UR1 UR2 UR3 UR4 UR5 CR CC CN BPI 1 X 1 X I X I X I X I X I X I X I X I X I P I P I P P I P 7. Day Care Centers Parking Includes facilities of any capacity other than a4argeeesmell-family day care homes; or I space per employee; residential servicelcare homes, in which less than twenty- plus 1 space per each four (24) hour per day nonmedical care and supervision is provided for children or business vehicle; plus adults in a group setting. Includes preschools and adult day care. 1 space per each 5 children/ adults or I space per each 10 children/adults if adequate drop off/pickup area is rovided NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC I CN BP 1 C C C C C C C C C M M M M M 8. Eating and Drinking Establishments Parking Includes retail establishments primarily engaged in the retail sale of prepared food and/or beverages, but excludes those uses classified under" "nightclubs." The following are eating and drinking establishment use January 2013 1 DRAFT Chapter IT 12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 9 a. Banquet Facilities - includes facilities intended for small or large group functions I soace per each 100 square feet. plus 1 in which food, prepared either on. or off-site, is consumed. Includes meeting halls and reception halls. space per each 100 square feet of outdoor seating areaa-speee-per SEIHOF feet (1) Without Alcohol andfeFeatetteiameaf NUl NU2 NU3 NU4 NUS URI I UR2 UR3 UR4 URS CR I CC I CN I BP 1 X X X X X X X XI X I X I P I P I P I P X (2) With alcohol --"'-- -a.,�.,r-�,tenai-._..-. - such establishments shall be in accordance with the provisions of Section 17.66.020 Alcohol Sales . NUI NU2 I NU31 NU4 I NU51 URI I UR2 I UR3 UR4 URS CR CC CN BP I X X X X X X X X X X C C I C I C 11X h. BarsrWine-Bars,- and Alcohol Drinking Establishments - Includes I space per each 100 square feet. plus 1 establishments used primarily for sale or dispensing of alcoholic beverages for on-site consumption and that are not part of a restaurant. Such establishments may include space per each 100 food service which is accessory and subordinate to the primary use. Such souare feet of outdoor seating areal-spneeper establishments shall be in accordance with the provisions of Section 17.66.020 (Alcohol Sales). ^--" fliked -eatsi pis feet e€Othff sem. iee-area NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X I X I X I X I X X X C C C C I X c. Catering Establishments - includes establishments primarily engaged in the I space per 250 square preparation of food for off-site consumption. No retail sale or food consumption feet occurs on-site. NUI I NU2 NU3 I NU41 NU51 URI I URI I UR31 UR41 UR51 CR I CC I CN I BP I 1 X I X 1 X 1 X I X X I X I XI X I X I P I P I M I P — Ix d. Restaurants - includes establishments primarily engaged in the preparation and retail sale of food and/or beverages for immediate or semi -immediate consumption either on- or off-site. Restaurants are further classified as: (1) Drive -Through (no seating) - includes establishments primarily engaged in the I space per employee retail sale of praprepared or rapidly prepared food and/or beverages at a drive-through window for consumption off-site. No seating or on-site consumption is provided. Includes, but is a not limited to coffee kiosks. NUI NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BP I X X I X I X I X I X I X I X I X I X I M I M I C I M I X (2) Fast Food with Drive -Through - includes establishments primarily engaged in I space per 60 square the retail sale of pre -prepared or rapidly prepared food and/or beverages at a walk-up feet counter or drive-through window for either on-site or off-site consumption and may include seatin . NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BP I January 2013 1 DRAFT Chapter 17.12 and 17.13 - Use Type Classifications and Permitted Use Charts Page 10 n LJ CJ 0 r� u • 0 X I X I X I X I X I X I X I X I X I X I M IMI C I M I M (3) Limited Service - includes establishments primarily engaged in the retail sale of pre -prepared or rapidly prepared food and/or beverages at a walk-up counter for either on-site or off-site consumption and may include seating. Includes, but is not limited to, beverage shops (coffee, health drinks), delicatessens, donut shops, ice cream parlors and pizza parlors. Alcoholic beverage service and/or bars may be provided as an accessory or subordinate use in accordance with the provisions of Section 17.66.020 (Alcohol Sales). For uses up to 1,500 square feet 1 space Rer each 100 square feet, un to a maximum of 10 spaces: plus I space ner each 100 square feet of outdoor seating areas; For uses greater than 1.500 square feet. I space per each 100 square feet: plus I space per each 100 square feet of outdoor seating areas-ispaee fixed _aat, . Sgoore feetef atheT� ffeI NUI NU2 NU3 NU4 I NU51 URI I UR2 I UR31 UR4 URS CR CC CN�e BP X X I X I X X I X I X I X I X I X I P P I P I P 142X - With alcohol NUI NU2 NU3 NU4 NUS URI UR2 UR31 UR41 UR51 CR I CC I CN I BP I I X X X X I X I X I X I X I X I X I MAP I MA P I MA I MAMX P P (4) Full Service - includes establishments primarily engaged in the preparation and retail sale of food and beverages, where food is ordered and served at a table. Alcoholic beverage service and/or bars may be provided as an accessory or subordinate use in accordance with the provisions of Section 17.66.020 (Alcohol 5995 1. For uses up to 1.500 square feet: I space Per each 100 square feet, up to a maximum of 10 spaces: plus I space per each 100 square feet of outdoor seating areas: For uses greater than LS00 square feet I space Per each 100 square feet: plus 1 space per each 100 square feet of outdoor Seating areas-isryaee plus 1 spaee PeF 45 SEIUMO feel Of OtheF �ieearea. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I 1 X X I X X X X X X P P P P I X - With alcohol NUI NU2 I NU3 I NU4 I NUS I URI UR2 UR3 UR4 UR5 CR CC CN BP 1 January 20131 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 11 X X X X I X I X I X I X I X I X MAP I MA P I MA P I 114A P I X (5) Take OubMelivery - includes establishments primarily engaged in the retail sale of food and/or beverages where all or a significant portion of the consumption takes placeoff-site, no on-site seating is pmvid M heFe qMeiting and piek up 4 feed may e ' -'-^ sale fflay be � .. '".,�..,�-aa -- an take plaee fnam an .halb m.,.,.._,._ _--.I)_-,,i-. a ..,. a_^..,...-a__,._,..,,h..PW. M,.-__rc.,,.:.,_ Qr._:._ ,'-PowS Per -4;-Saa8M faet-efenstem, ser'ieeeeea- Plus -1 space per each 250 square feetafareaeff ._ plus 1 space per each vehicle used for business purposes NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BPI I X 1 X I X I X I X I X I X I X I X I X I P I P I P I P I X e. Alcohol Productioo/Storage - includes wineries, wine bars, beer eardens. and other similar establishments where wine, beer, or other spirits are Prepared, bottled, stored and sold for on-, or off-site. consumption. Sales can be either wholesale, or retail in nature subiect to the Specific Develooment Requirements in Section 17.66.020 Alcohol Sales) of this Code. (1) No On-site Consumption - includes establishments primarily engaged in the I space per employee, preparation, bottling. and retail sale or wholesale of wine beer, or other spirits. No plus I space ver vehicle used for distribution tasting moms or other on-site consumption areas are provided on-site for public, rivate or club members to taste nroducts for sale. NUl NU2 I NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 T CR CC CN BP 1 X X X X X X X X I X I X I I I X X X P P (2) On-site Consumption - includes establishments primariW engaged in the 1 space Per employee, preparation, bottling, and retail sale or wholesale of wine, beer. or other spirits. plus I space per each Tasting rooms or seating areas may be orovided on-site for Public private, or club 100 square feet of indoor or outdoor customer service urea members to taste products for sale. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I I X X X X X X X X X X M M C M I M 9. Funeral Homes Parking Includes facilities primarily engaged in the short -teen storage, embalming and/or 1 space per each 3 commemoration of human remains. fixed seats, plus 1 space per each 3 occupants in assembly areas with non -fixed seating NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BPI 1 X 1 X 1 X I X I X I X I X I X I X I X I X I P I X P I X 10. Gambling Uses Parkin Includes any gambling use regulated by the laws of the State of California and As determined by the regulated by the California Gambling Control Commission, as identified in Chapter Director 11.20 of the Municipal Code. Uses exuressly permitted and for which State law provides, regulation and oversight may be germitted in thp commercial and industrial January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 12 n U • r� U 0 0 zones tmon the anoroval of a minor use Permit. NUI I NU2 I NU3 I NU4 I NUS I URI I UR2 I UR3 I UR4 I URS I CR I CC I CN i BP I I X I X I X I X I X I X I X I X I x I X I X 1 Y I X I X Il. Hookah Bar/Cigar Club I Parking Includes establishments that are primarily engaged in the on-site recreational use of I space per 250 square I tobacco products. feet NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X C C X X X 12. Lodging Parking Includes establishments primarily engaged in the provision of commercial lodging on 1 space per each guest a less than monthly basis to the general public. Typical lodging uses include: room or suite plus required parking for additional uses on site a. Bed and Breakfasts - a residential dwelling unit providing overnight accommodations and a morning meal to nests for compensation. NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 C C C C I C I X I X I X I X I X I C I C I C I C I X b. Hotels - includes facilities offering transient lodging to the general public with the majority of all rooms typically accessed through a main lobby and providing additional services intended for the convenience of guests, such as restaurants, meeting rooms, limited retail sales, entertainment and recreational facilities. c, Motels - includes establishments providing sleeping accommodations with the majority of all rooms having direct access to the outside without the necessity of passing through the main lobby. Incidental services typically include limited self -serve breakfast bars and similar services. NUI NU2 I NU3 I NU4 I NU51 URI I UR2 I UR3 I UR41 UR51 CR I CCI CN I BP I I X X I X I X I X I X I X I X I X I X I M MI X I M I X 13. Medical Services Parking Includes establishments primarily engaged in the provision of personal physical health 1 space per 200 square services on an outpatient basis ranging from prevention, diagnosis, treatment or feet rehabilitation services provided by physicians, dentists, nurses and other health personnel, as well as the provision of medical testing. Typical uses include, but are not limited to, medical offices, urgent care facilities, substance abuse treatment clinics, wei ht mane ement physical therapy, chiropractic, optometry and acupuncture. NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 UR5 CR CC CN BPI 1 X 1 2i I X I X I X I X I X I X I X I X I P I P I P I P I M 14. Medical Marijuana Dispensary Parking Shall mean any site, facility, location, use, cooperative or business, including vending N/A machines, which distributes, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians. "Marijuana" shall also mean cannabis and January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 13 all parts of that plant. NUIINU21NU31NU41NU51 URI I UIUIUR31 UR41 UP51 CR I CC I CN I BP I I X X X X I X I X I X I X I X I X I X I X I X I X I x- 15. Nightclubs Parking Includes establishments or places of entertainment within a building, open primarily at night, usually but not necessarily serving alcohol, and providing a stage or floor show or amplified live or recorded music and space for spectators either standing or sitting and/or dancing. Excludes uses classified elsewhere in this chapter. Alcohol sales shall be in accordance with Section 17.66.020 (Alcohol Sales). Typical uses include dance clubs, comedy clubs, karaoke clubs, and cabarets. a. With Alcohol I space per each 3 occupants NUIINU21NU31NU41NU51 URI JUR21 UR31 UR41 UR51 CR I CC I CNBP 1 X X X X X X X X X X M M C C C b. Without Alcohol 1 space per each 3 occupants NUIINU21NU31NU4]NU51URIJUR21UR31UR41UR5]CRICCICNI BP 1 X IX X X I X I X I X I X I X I X I M IMI C I C I C 16. Personal Services Parking Includes establishments primarily engaged in providing services involving the care or 1 space per 250 square appearance of a person or his/her personal goods and apparel, and similar nonbusiness feet related or nonprofessional services, but excludes services classified elsewhere in this chapter. Typical uses include, but are not limited to, barbershops, beauty parlors, day spas, dry cleaning drop-off/pick-up, laundries (self-service), manicurists/pedicurists, massage therapists, photography studios, tailors, tanning salons and independent automated teller machines (ATMs). Massaee therapy shall be consistent with Chanter 5.03 of the Munici al Code. NU11NU21NU31NU41NU51URIJUR21UR31UR41UR51CRICCICNI BPI I X 1 2i I X I X I X I X I X I X I X I X I P I P I P I P 1X M17. Professional Offices I Parking Includes professional and =ge:e : merit offices including, but not limited to, 1 space per 250 square administrative offices, advertising agencies, attorneys, counseling services, computer feet software designers, engineering services, insurance agencies, real estate agencies, and Z01a ancies. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X I X I X X X X X X X X I P I P P P M January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 14 0 0 0 0 • 0 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. 1 space per 200 square feet NUIINU21NU31NU41NU51URIJUR21UR3]UR41UR51CRICCICNI BPI I X I X I X I X I X I X I X I X I X I X I MF I MR I CR 1 M4, 1 C>t4 I& Recreation, Commercial I Parking Includes establishments primarily engaged in the provision of entertainment or recreation for participants or spectators. The following are commercial recreation use types: a. Amusement Center- includes establishments open to the public in which video games, computer terminals, or other electronic devices are predominantly operated for amusement. Typical uses include arcades and computer cafes. 1 space per 200 square feet (1) Up to 3 Electronic Devices NUI I NU2 NU3 I NU4 NUS UR!J UR2 UR3 UR4 URS CR CC CN BP 1 X X X X I X X I X X X X P P P P X (2) 4 to IS Electronic Devices NU! NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X I X X X X X X X M M M M X (3) Over 15 Electronic Devices NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C X X C X b. Amusement Park - includes an entertainment or amusement complex developed as e regional visitor tourist attraction and organized around a central theme, such as amusement rides and attractions, tours or exhibitions, including all related accessory uses, buildings and structures designed and operated for patron participation and pleasure in conjunction therewith. As determined by the Director NUl NU2 NU3 NU4 NUS URt UR2 UR3 URS CR CC CN BP 1 X X X X X X X X XUR4 X C C X C I X c. Convention Center— includes a lame civic building or group of buildings As determined by the designed for conventions. industrial shows. exhibitions. and the like, having large Director with an approved narking Istud unobstructed exhibit areas and may include conference rooms hotel accommodations restaurants and ether accesso facilities. NUl NU2 NU3 NU4 NUS URI I UR2 I UR3 1 UR4 UR5 CR CC C BP I X X X X X X X X X X C C X C X January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 15 de. Indoor Entertainment - includes predominantly spectator uses conducted within l space per each 3 an enclosed building, excluding uses classified under adult businesses. Typical uses fixed seats; plus 1 include movie theaters and live theaters. space per each 45 square feet of seating areas with non -fixed seating; plus 1 space for each 3 occupants in other customer service areas NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X M M C M I X Ed. Indoor Sports and Recreation - includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include billiard halls, bowling alleys, health and/or fitness clubs, ice/roller skating rinks, indoor racquetball courts, paintball facilities, shooting ranges and indoor entertainment play facilities. (1) Billiard Halls 1.5 spaces per each billiard table; plus required parking for additional uses on site (2) Bowling Alleys 3 spaces per bowling lane; plus required parking for additional uses on site (3) Health and Fitness Clubs 1 space per 150 square feet of weight/equipment room and pool/spa area; plus 1 space per 60 square feet of aerobic/martial art instruction area; plus I space per 250 square feet of other Floor area (courts, locker rooms, etc.); plus required parking for additional uses on site (4) Paintha6 1 space per 300 square feet of gaming area; plus l space per each three fixed seats in viewing area; plus 1 space per each 21 square feet of viewing area without fixed seats; plus required parking for additional uses on site January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 16 E • 0 0 • 0 (5) Racquetball/Tennis Courts 2 spaces per court; plus required parking for additional uses on site (6) Skating Rinks 1 space per 100 square feet of rink area, or I space per 3 fixed seats; plus required parking for additional uses on site (7) Sports Arenas (soccer, basketball) 25 spaces per field or court; plus 1 space per 3 fixed seats of spectator area; plus 1 space per 21 square feet of spectator area without fixed searing; plus required parking for additional uses on site (8) Children's Indoor Play Facility 1 space per 200 square feet of recreational activity area; plus 1 space per 250 square feet of office Boor area; plus required parking for additional uses on site NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X X X X X M M C M C ft. Outdoor Entertainment - includes predominantly spectator uses conducted in the As determined by the open or partially enclosed or screened facilities. Typical uses include outdoor Director s rrs arenas. amphitheaters, concert halls anWF NUI NU2 NU3 NU4 NU5 URl UR2 UR3 UR4 URS CR CC CN BP 1 X X X X X X X X X X C X I X I X I C fg. Outdoor Sports and Recreation—includes predominantly participant sports and As determined by the health activities conducted in the open or partially enclosed or screened facilities. Director unless Typical uses include BMX tracks, batting cages, driving ranges, golf courses, specified below miniature golf, outdoor shooting ran a skate parks, swimming Is and tennis courts. (1) Driving Ranges 1.5 spaces per tee; plus required parking for additional uses on site (2) Golf Courses 10 spaces per hole; plus required parking for additional uses on site January 2013 1 DRAFT Chapter 17.12 and 17.13 – Use Type Classifications and Permitted Use Charts Page 17 (3) Miniature Golf 2 spaces per bole; plus required parking for additional uses on site (4) Swimming Pools 1 space per 500 square feet of gross area (includes locker rooms, changing rooms, pool deck); plus I space per 45 square feet of water area (5) Tennis/Racquet/Handball Courts 2 spaces per court; plus required parking for additional uses on site NM NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I XXX X X X X X X X C C C C I C I gb. Recreation Facilities - includes predominantly participant sports and health All uses within such a activities which are normally associated with a country club. Typical uses include facility shall provide country clubs, racquet clubs, swim clubs, and may include other accessory uses, parking as contained in including restaurants, ban uet facilities and retail sales, this code NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 I UR5 I CR ICCICNI BPI I C C C C C C C C C I C I C I C I C I C I C W. Residential Recreation Facilities - includes predominantly participant sports and All uses within such a health activities which are normally associated with a private residential community or facility shall provide property/homeowner's association. Typical uses include swimming pools, tennis parking as contained in courts and mcuinR facilities. this code NUI I NU2 I NU3 I NU4 I NUS I URI UR2 UR3 UR4 UR5 CR CC CN BP t P P P P I P I P P P P P P P X X X 19. Retail Sales, General Parking Includes establishments primarily engaged in the sale of goods and merchandise, but excludes those uses classified under "Retail Sales, Specific" and other use classifications in this chapter. Typical retail uses include, but are not limited to, apparel boutiques, appliance, antiques, auto parts, art supply, bakeries, butchers, bicycle, book, electronics, florists, hardware, hobby, jewelry, magazine, music, pet supply, pharmacies, sporting goods, stationary, my, video rental, and vintage clothing stores. a. Retail 1 space per 250 square feet. b. Shopping Centers (1) Up to 100,000 square feet Each specific use tvne shall be calculated per the parking requirements contained in this Codeer Nsquare ie�4 Minimum -as-eaeh January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 18 • 0 0 • r, U January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 19 padang shall he applied to that use as outlined :A this ehaptef unt" A.] .,, Wble use (2) Greater than 100,000 square feet I space per 200 square feet (3) Non-residential uses, excluding caring and drinking establishments. within I space per 250 square tenants aces of less than 1.500 s uare feet feet NUI I NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP t X X X X X X X X X X P P P mjP C 20. Retail Sales, Specific I Parking Includes establishments primarily engaged in the sale of goods and merchandise. The following are specific retail sales use a. Building Materials Stores - includes retail stores selling lumber and other large lapper 250 square building materials (stored predominantly indoors), and includes the sale of hardware, feet of building area; lawn and garden materials, paints, wall and floor coverings, lighting fixtures, and plus I space per 1,000 similar home improvement items. Includes establishments primarily catering to square feet of outdoor contractors. Typical uses are over forty thousand (40,000) square feet in size and display/storage area common) referred to as `bi box" retail stores. WI NU I NU2 3 NU4 NUS UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X XURl X X X X X I M X M C b. Carpet and Flooring Stores - includes retail establishments primarily engaged in I space per 400 square the sale of carpet and floor coverings. feet NUI NU2 NU3 NI NUS URl UR2 UR3 UR4 URS CRICCICNI BPI t X X X X I X I X I X X I X I X I P I P I P I P I P c. Department Stores - includes retail establishments engaged in the sale of goods on I space per 250 square a departmentalized basis. Typical departments may include apparel, appliances, feet; plus required cosmetics, electronics, furniture, home furnishings, jewelry and/or kitchen products. parking for additional uses on site NUI I NU21 NU3 I NU4 I NUS I URI I UR2 I UR3 I UR41 UR51 CR I CCICNI BP t X X X I X X I X I X I X I X I X I P I P I X I M I M d. Discount Stores - includes retail establishments primarily engaged in the sale of a I space per 250 square wide range of merchandise at discounted prices and includes membership stores. feet; plus required Merchandise may include auto supplies, apparel, appliances, books and magazines, parking for additional cosmetics, electronics, furniture, garden supplies, hardware, home furnishings, uses on site jewelry, kitchen products, packaged foods, pet supplies, sporting goods and toys. Accessory uses may include food service, pharmacies, optometry, and limited automobile services. Typical uses are over forty thousand (40,000) square feet in size and commonly referred to as "big box" retail stores. Alcohol sales shall be in accordance with the rovisions of Section 17.6 6.0 0 Alcohol Sales . NU1 NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X P P X M M January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 19 e. Drugstores - includes retail establishments primarily engaged in the filling of 1 space per 250 square medical prescriptions and the sale of medicines and drugs, medical devices and feet; plus required supplies, nonprescription medicines and includes the sale of nonmedical related parking for additional products, including, but not limited to alcohol, cosmetics, electronics, greeting cards, uses on site packaged food items, and stationary. Typical uses are less than forty thousand (40,000) square feet. Alcohol sales shall be in accordance with the provisions of Section 17.6.20 Alcohol an). NUI I NU2 NU3 NU4 NUS UR1 UR2 UR3 UR4 URS CR CCICNI BPI I X I X I X I X I X I X I X I X I X I X I P I P I P I P I X— E Equipment Rental Yards - includes outdoor establishments primarily engaged in 1 space per 250 square the retail rental of small construction and/or home and garden equipment to the general feet of building area; public or contractors. plus I space per 1,000 square feet of outdoor storage area NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BPI 1 X I X I X I X I X I X I X I X I X I X I X C X I C I P g. Feed and Tack Stores - includes establishments primarily engaged in the sale of 1 space per 250 square equestrian -related merchandise and feed. feet NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CNBP T- X X X X X X X X X X C C C X M h. Food Stores - fed -t--__ shall be fieeOA-fl,eesian 1'.17 ^"^'^` The following are food store uses: (1) SupermarketlGrocery - a retail establishment, exceeding #mly-fivethree 1 space per 250 square thousandt five hundred (33;0093 500) square feet, primarily selling food as well as feet other convenience and household goods and may include subordinate uses such as bakeries, delis, and take out restaurants. Alcohol sales (beer, wine or other spirits) shall be limited to less than 10% of the shelf space for the sale of goods and shall be in accordance with the provisions of Section 66 20, AI ohol Sales . NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X I X I X I X I X I P I P I P I P I X n 900) and r. � . - 418 _-'A nc .. 000) __-- f..-....:... ..n .- ff 1.,:_feed as �v@jj a ,thirty bakeFies, delis and take But FeSta0Fa%t5. Aleohei sales shall be in aeEffdaflGe with the feet NW NW W33 NU4 Ai135 UM 13R3 1383 1384 tW C-R CC- GN 911 1 X X X X X X X XI X X P P P P X (_23) Convenience Store -any retail establishment, up to three thousand five hundred 1 space per 250 square (3,500) square feet in size, offering for sale pre-packaged food products, household feet items, newspapers and/or magazines, sandwiches and other pre -prepared foods for site consumption."'--`.�hol sa,' --' s Beer and wine sales shall be in accordance with the rovisions of Section 1166 020Alcohol Sales . NUl NU2 NU3 NU4 NUS URI UR2 I UR3 I UR4 UR5 CR I CC I CN I BP I 2ij X I X I X I X I X I X I X I X I X I P I P I P I P I X January 2013 1 DRAFT Chapter 17.12 and 17.13 - Use Type Classifications and Permitted Use Charts Page 20 0 • 0 0 • 0 1. Furniture Stores - includes establishments primarily engaged in the sale of home and/or office of furniture and may include incidental repair and upholstering. 1 space per 400 square feet NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 I CR CC CN BP 1 X X X X X X X X X X I P P I P P I P j. Garden Supply Stores - includes establishments primarily engaged in the sale of gardening supplies, including fertilizers, ground coverings, irrigation supplies, mulches, pavers, and plants and trees. I space per 250 square feet NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X P P M M P k. Gun Stores -includes establishments primarily engaged in the sale of firearms. 1 space per 250 square feet NUI I NU2 I NU31 NI 4 NUS URI UR2 UR3 I UR4 UR5 CR CCI CN I BP I 1 X I X I X I X I X I X X I X I X X C C I X INC I X I. Liquor Sales -Stores -in^' a_.._...stab :..,,..,__„ A:_A _e _..I ,..A..I:.. A_, ,,_ ass .. ..A.. Aa .. ,.,._,..__.. ..A S,........ 17 1, 040(D)The f 1 _.. _ liquor sales eludes anv establishmem which sells beer wine and/or other sr,jrils fincludine li uor for off-site consmn tion. I space per 250 square feet n. N44 NW NW NU4 IN115 I UR4 I U4U I UR3 I UR4 I kW I C-R I CC I GN I 4W I i .}f X X 2F I X I d4 I Jf X I X I xF I M I M M I M I M NUI INU21NU31NU41NU51 URI I UR21UR31UR41 UR51 CR CC I CN I BPI 1 X I X I X I X I X I X I X I X I X I X I C C I C I C I X m. Nurseries - includes establishments primarily engaged in the growing of plants, flowers, and/or trees, either outside or within enclosed structures, for sale. (1) Retail - nurseries selling directly to the public and contractors. 1 space per 250 square feet; plus I space per 1,000 square feet of outdoor storage area NUI NU2 NU3 NU4 NU5 URI UR2 UR UR4 URS CR CC CN BP 1 X X X X I X I X I X X I X I X I P I P M M P (2) Wholesale - nurseries selling exclusively to contractors or to establishments which sell directly to the public 1 space per 250 square feet; plus 1 space per 1,000 square feet of outdoor storage area NUl NU2 NU3 NU4 NU5 URI JUR21UR31UR41 UR51 CR I CC I CNBP 1 X X X X X X X X X X X M X X M n. Pawnshops - includes establishments which lend money on the security of personal property which is kept at the premises. 1 space per 250 square feet January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 21 NUI NU2 NU3 NU4 I NUS URl UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X C X C X o. Second Hand Stores - includes establishments selling preowned or used items, including, but not limited to, apparel, electronics, furniture and household goods, but does not include antique, coin, vintage clothing or and -sporting goods/memorabilia stores. 1 space per 250 square feet NUI I NU21 NU3 NU4 I NU51 URI I UR2 I UR3 FUR41 UR5 CR I CC I CN I BP I 1 X I XI X X X X I X X I X I X IXM I M IXM I M I X p. Swap Meets and Flea Markets - an occasional or periodic market held in an open or enclosed structure where groups of individual sellers offer goods for sale to the public. As determined by the Director NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP t X X X X X X X X X I X I C I X I X I X I C g. Thrift Stores — includes a shoo selling secondhand goods, such as clothes, often to I space per 250 square benefit a charity: also called thrift shop. Thrift stores may, but are not required to feet, Plus parking for have, merchandise donation facilities. merchandise donation facilities NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X I X I X li X I X I X I X C C I C I C I X rq. Tobacco Paraphernalia Stores - includes establishments primarily engaged in the sale of tobacco paraphernalia. See "tobacco paraphernalia business" in Section 17.11.020 (Definitions). 1 space per 250 square feet NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP D X X X X X X X X X X C C C C C If. Vendors, Long -Term - includes the accessory or secondary retail sale of food, beverages, or merchandise from nonpermanent vendors operating in a single location for an extended length of time. Typical uses include hot dog carts, coffee vendors, and jewelry carts. Long-term vendors shall be in accordance with Section 17.66. 100 (Lone -Tenn Vendors). As determined by the Director NU11NU21NU31NU41NU51 URI IVR21UR31UR41 UR51 CR I CC I CN I BP I I X I X I X I X I X I X I X I X I X I X I M I M I M I M I M 21. RetaB Services Parking Includes establishments primarily engaged in the provision of retail services. The I space per 250 square following are specific retail service use types: feet a. Equipment Repair - includes the repair and maintenance of household equipment. (1) Consumer Electronics - Televisions, VCRs, computers, appliances. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P M (2) Small Engine/Equipment - Lawn mowers, house and garden tools. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 I URS I CR ICCICNI BPI 1 X X X X X X X X X I X I M M M MP A4P January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 22 n U' 0 0 • 0 22. RV Park/Camparound Parkin Includes a site where one or more lots are used or are intended to be used by campers As determined by the with recreational vehicles or tents for short-term use only. Recreational vehicle Parks Director for the individual uses proposed or campgrounds may include Public restrooms water, sewer, and electric hookups to each lot. This use may include accessory uses including retail and a restaurant where thev are clearly incidental and intended to serve cations of the RV Park/Camnground only. This use shall also include travel -trailer parks but shall not be construed to include mobile home oarks. NUI I NU21 NU3 I NU4 I NU51 URI I UR2 I UR3 I UR4 I UR51 CR I CC CN JHP I t C I C I C I \ I X I X I X I X 1 X 1 X I X I C I X I C I CX 23. Schools, Specialized I Parking Includes schools of specialized education and instruction, but does not include public and private elementary and secondary schools and colleges and universities. The following are specialized school uses: a. Vocational Schools - includes secondary or higher education uses and facilities primarily teaching usable skills that prepare students for ajob in a trade. Includes, but is not limited to, schools teaching auto repair, computers, cosmetology, electronics, management, medical/dental assistants and hygienists, and construction. 1 space per classroom; plus I space for each 3 fixed seats; plus 1 space per each 60 square feet of classroom area without fixed seats; plus 1 space for each 250 square feet of other Boor area NUI NU2 NU3 NU4 NUS URI JUR21UR31 UR41UR51 CR I CC I CN BP I I X X X I X I X I X I X I X I X I 6M 1 GNA 1 C -,,I I C b. Instructional Schools - includes specialized non -degree granting schools that provide instructional classes in areas including, but not limited to, music, martial arts, dance, gymnastics, language, Viand tutoring. Includes facilities that focus on the physical and mental development of early childhood through the use of exercise equipment, toys, music and other age-appropriate stimuli. This use type does not include health clubs or similar uses where initial instruction is given and then members/participants are free to participate and/or utilize the facility's equipment outside of an instructional class. I space per 200 square feet of instructional area (dance floor, aerobic/martial arts instruction, classroom area, etc.): plus I space per 250 square f_i_dd office floor arca: nlu; required parking for additional uses on sitef squase feet. INUIINU21NU31NU41NU51 URI I UR21UR31 UR41UR51 CR I CC I CN I BP I I X 1 X I X I X I X I X I X X I X I X I M I M I M I M I M 24. Storage, Self I Parking January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 23 Includes a structure or group of structures containing generally small, individual 1 space per employee; compartmentalized stalls or lockers rented as individual storage spaces. This use does plus 1 space per 250 not include other use types listed in this chapter and excludes the outside storage of square feet of office; vehicles or equipment. Self -storage facilities shall be in accordance with Section plus additional parking 17.66.110 (Self -Storage Facilities). as determined by the Director NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X C C 25. Tattoo Parlor Parking Includes establishments which provide permanent tattooing services. I space per 250 square feet NUI NU2 NU3 NU4 NUS URI] UR21UR31UR41UR51 CR I CC CN BP 1 X X X X I X I X I X I X I X I X I X I C I X C I X 26. Vehicle Sales and Services Parking Includes establishments primarily engaged in the sale, rental, and service of automobiles, boats, heavy equipment, recreational vehicles and large trucks. This feet includes retail, wholesale and used vehicle operations. The following are vehicle sales and services use types for uses outside of the Vehicle Dealer Sales Overlay Zone Section 17.38.090 or the Vehicle Services Overla Zone Section 17.38.100 : a. Automobile and Light Truck Sales and Services - includes establishments primarily engaged in the sale, rental and service of automobiles and light trucks. The following are automobile sales and services use types: (l) Body Repair and Painting - includes establishments primarily engaged in body I space per each 400 repair and painting of automobiles within an enclosed building. Auto body repair uses square feet; plus shall be in accordance with Section 17.63.050 (Vehicle Repair Garages). Typical uses required parking for include automobile painting shops and body repair shops. additional uses on site NUl LU21 NU31 NP 4 NUS URl UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X I X EX C X C P (2) Commercial Stange - Includes facilities providing overnight and/or long -tern As determined by the storage of automobiles for a fee, but excludes impound yards. This is an independent Director use type and does not include parking that is required for uses pursuant to this code. T ical uses include commemial arkin ara es. NUt NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR I CCN BP 1 JC X X X X X X X X X X X X M P (3)Gas-Fuel Sales - Includes establishments primarily engaged in the dispensing. and Minimum 5 spaces; retail sale of gee-inel and may include as an accessory and subordinate use the sale of plus required parking oils, lubricants and similar automobile related merchandise. rafue sales shall be in for additional uses on accordance with Section 17.63.030 (Fuel Sales). Typical uses include gra fhcl stations site and may include accessory retail stores offering beverages, prepackaged food, limited f re annion services. and other associated convenience items for sale. NUl NU2 NU3 NU41NU51 URI I UR21 UR31 UR41 UR51 CR CC CN BP 1 X X X X X X X X X P I P M M M January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 24 0 C J 0 0 • • (4) Repair and/or Maintenance - Includes establishments primarily engaged in the I space per each 400 repair of automobiles within an enclosed building and may include the accessory and square feet; plus subordinate sale of parts and related merchandise used to repair automobiles. Does not required parking for include body repair and painting. Automobile repair and maintenance uses shall be in additional uses on site accordance with Section 17.63.050 (Vehicle Repair Garages) Typical uses include, but are not limited to, brake shops, general repair garages, auto glass shops, oil change/lubricating shops, muffler shops, stereo and accessory installation, tire shops, transmission repair shops and tune -u shops. NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X XI X X I X I C I C I X I C I P (5) Sales and Rentals - Includes establishments primarily engaged in the sale, 1 space per vehicle for brokerage, and/or rental of automobiles. Typical uses include automobile rental sale/rental; plus 1 agencies and new and used automobile sales lots. Automobile Sales and Rentals shall space per each 250 comply with the Vehicle Dealer Sales Overlay Zone in Section 17 38 090 (VDS- square feet of office space Vehicle Dealer Sales Overlay Zone), A Sales NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X XI X I X I X I X I X I X I X X X X X B Rentals NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X 1 X X X X X I X I X X X C C C M M (6) Wash - Includes the washing, polishing and detailing of automobiles. Typical uses include automobile detailing services and car washes. Automobile washing uses shall be in accordance with Section 17.63.020 (Car Washes (a) Manual/Automated self-service (no attendants) - Includes establishments that 3 car stacking distance provide facilities for washing vehicles either by the customer, or an automated tunnel, in front of each bay/lane for washing, drying and vacuuming where no attendants are used to either wash, dry, detail, or otherwise clean a vehicle of cars; plus adequate Parking for divine and vacuuming of vehicles to the satisfaction of the Director; plus required parking for additional uses on site NUIINU21NU31NU41NUSIURIIUIUIUR31UR41UR51CRICCICNI BPI I X I X I X I X X I X I X I X I X I X I M MI M I P I P (b) Fall -service (provides attendants) - Includes establishments that provide full Minimum 2,000 square service washing faciiim. ,. are present at anv time in the washing foot queuing area for process to either wash dr..; ,i_._,n_g ,!..:noise clean a vehicle before returning it to incoming cars; plus a minimum 3,000 square the customer. feet of area beyond the exit of the washing area; plus required parking for additional uses on site NUI I NU2 I NU3 I NU4 I NUS I URI I UR2 I UR3 I UR4 I UR5 CR 17 CC I CN BP I I January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 25 X I X I X I X I X I X I X I X I X I X I C I C I C I C I M b. Boat and Camper/Recreational Vehicle Sales and Services - Includes establishments primarily engaged in the sale, rental, and service of boats and campers, fifth wheels, recreational vehicles, and similar vehicles. The following are boat and camper/recreational vehicle use (1) Commercial Storage - facilities providing overnight and/or long-term storage of As determined by the boats and/or campers/recreational vehicles, usually, but not always, for a fee. Director NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CRS CN BP I X X I I X X X X X X X_ X X X X X M P (2) Repair - includes establishments primarily engaged in the repair of boats and/or 2 boat/camper spaces campers/recreational vehicles and may include the accessory and subordinate sale of per bay (size to be parts and related merchandise used in repair. All camper/recreational vehicle repair determined by the shall be in accordance with Section! 17.63.050 (Vehicle Repair Garaeesl. Director); plus 1 space per each 500 square feet plus; required parking for additional uses on site NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X I X I X I X I X I X I X I C I C I X I C I P (3) Sales and Rental - Includes establishments primarily engaged in the sale and/or 1 space per each 3,000 rental of boats and/or campers/recreational vehicles. Typical uses include recreational square feet of indoor vehicle rental agencies and new and used camperhecreefional vehicle sales lots. and outdoor display area; plus required parking for additional uses on site NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C C X C P c. Heavy Equipment Sales and Services - Includes establishments primarily engaged in the sale, rental and service of heavy equipment, such as aircraft, tractors, forklifts and heavy construction equipment. The following are heavy equipment sales and service use types: (1) Commercial Storage - facilities providing overnight and/or long-term storage of As determined by the heavy equipment usually, but not always, for a fee. This use type does not include Director contractor storage yards. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X I X I X I X I X X X I X X I X I M I P (2) Repair - Includes establishments primarily engaged in the repair of heavy 2 boat/camper spaces equipment and may include the accessory and subordinate sale of parts and related per bay (size to be merchandise used in repair. determined by the Director); plus I space per each 500 square feet plus; required parking for additional uses on site NUI NU2 NU3 NU4 I NUS URI I UR21 UR3 I UR4 I URS CR I CC I CN BP I1 X X X X X X X X X X X X X C P January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 26 0 • 0 C1 • 0 (3) Sales and Rental - Includes establishments primarily engaged in the sale and/or I space per each 3,000 rental of heavy equipment. Typical uses include construction equipment rental and square feet of indoor sales lots. and outdoor display area; plus required parking for additional uses on site NUI NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BPI I X X I X I X I X I X I X I X I X I X I X I X X M P d. Motorcycle Sales and Services - Includes establishments primarily engaged in the I space per each 400 sale. repair, rental and/or servicing of motorcycles, motorized bikes and personal square feet watercraft. NUI I NU2 I NU3 I NU4 NU5 URI UR2 UR3 UR4 UR5 CR I CC CN BP I X X X X X X X X X X C C C M M e. Truck., Large, Sales and Services - Includes establishments primarily engaged in the sales, rental, and repair of large trucks, including tractor trailers, semi -trucks, and buses. The following are large truck sale and service use (1) Body Repair - Includes establishments primarily engaged in body repair and 2large truck spaces painting of large trucks. per bay (size to be determined by the Director); plus I space per each 500 square feet; plus required parking for additional uses on site NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X X X X X X X I X I CX1 X I C I M (2) Commercial Storage - Facilities providing overnight and/or long -tens storage of As determined by the large trucks, usually, but not always, for a fee. Director NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X X X X X I X X I X X X M I M (3) Fuel Sales - Includes establishments primarily engaged in the dispensing and sale As determined by the of truck fuel and may include as an accessory and subordinate use the sale of oils, Director lubricants and similar truck -related merchandise. Fuel sales shall be in accordance Fuel with Section 17.63 030 Fuel Sales . NUl NU2 NU3 NUS URI UR2 URS UR4 URS CR CC CN BP I X I X I X I X I X X X X X X X C X C M (4) Repair Services - Includes establishments primarily engaged in the repair of large 2 large truck spaces trucks and may include the accessory and subordinate sale of parts and related per bay (size to be merchandise used to repair large trucks. determined by the Director); plus I space per each 500 square feet; plus required parking for additional uses on site NUI I NU2 I NU3 I NU4 I NUS I URI I UR2 I UR3 I UR4 I URS I CR I CC I CN I BP 1 January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 27 X I X I 2i I X I X I X I X I X I X X I C I C I X I C I M (5) Sales and Rental - Includes establishments primarily engaged in the sale and/or 1 space per vehicle for rental of large trucks. saletrental (size to be feet of determined by the assemblyA�kt area Director); plus 1 space or 1 space per two per each 5,000 square employees of largest feet of indoor and shift, whichever is outdoor display area; greater; plus I space plus required parking per business vehicle; for additional uses on plus required parking site MUIj!iU2jMU3INU4jNU5I URI I UR21UR31 UR41 UR51 CR I CC I CN BP I I X X X X I X I X I X I X I X I X I C I C I X M I M (6) Truck Stops - Includes facilities which provide maintenance, service, storage, As determined by the parking, repair, and/or washing of large trucks, including the retail sale and dispensing Director of truck fuel, and may include the sale of oils, lubricants and similar truck -related merchandise. A truck stop may also include overnight accommodations and restaurant facilities primarily for the use of truck crews. ,NUIINU21NU31NU41NU51UR11UR21UR3]UR4]URSICRICCICNI BPI I X I X I X I X I X I X I X I X I X I X I X I X I X I C I C Chapter 17.44 Industrial Use Types 1. Assembly Parking Includes the assembly or treatment of articles or merchandise of previously I space per 500 square manufactured materials. No raw materials are used. Articles of assembly include, but feet of are not limited to cloth, electronics, fur, glass, leather, metals, paper, plastics, precious assemblyA�kt area or semi-precious stones or metals, textiles, tobacco or wood. Typical end products or 1 space per two include appliances, books, computers, cosmetics, electronic devices, furniture, medical employees of largest and dental instruments, motors, newspapers and televisions. shift, whichever is greater; plus I space per business vehicle; plus required parking for additional uses on site NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X X X X X X X X X X P P 2. Bottling Plants Parking January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 28 0 11 0 • Includes facilities primarily engaged in the bottling and distribution of beverages. I space per 500 square feet of assembb4bottling area or 1 space per two employees of largest shift, whichever is greater; plus I space per business vehicle; plus required parking for additional uses on site NUIINUZINU31NU41NU51URIJUR21UR31UR41UR51CRICCICNI BPI I X I X I X I X I X I X I X I X I X I X I X I X I X I P I P 3. Cleaning and Dyeing Plants Parking Includes facilities primarily engaged in industrial dry cleaning and/or the commercial As determined by the dyeing of apparel and fabrics and does not include drop-off or pick-up of apparel from Director the public as a part of a dry cleaning use as classified under Personal Services in Section 17AY16) I6 of this Code. NUI I NU21NU31NU41NU51 URI I UR21 UR31 UR41 UR51 CR I CC I CN I BP I I X 1 X 1 X I X I X I X I X - X I X I X I X I X I X I P I P 4. Cmmatory Parking Includes a facility where cremation takes Place Cremation is the process of reducim, 1 space ner 250 square human remains to basic chemical compounds in the form of eases and bone fragments feet of office space, accomplished through high temperatures and vaporization plus I space per 500 square feet of floor area dedicated to cremation. Plus required narking for additional uses on site NUI INU21NU31NU41NU51 URI I UR21 UR31UR41UR51 CR I CC I CN I BP I -I— X C I C A 5. Distribution Parking Includes facilities primarily engaged in the receipt, storage, and distribution of goods, 1 space per 1,000 products, cargo and materials, including transshipment by air, rail or motor vehicle, but square feet of excludes track terminals. distribution Boor area or 1 space per two employees of largest shift, whichever is greater; plus I space per business vehicle plus required puking for additional uses on site January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 29 Comment IGP61: General Flan Implementation NUIINU21NU31NU41NU51URIJUR21UR31UR41URSICRJCCICNI BPI I X X X X I X I X I XX X I X I X I X I X I P I P 6. Distribution Showrooms Parking Includes facilities that display goods that are stored and/or distributed at the site for I space per 250 square wholesaling purposes but does not include retail sale. feet NUI INU21NU31NU41NU51 URI I UR21 UR31 UR41UR51 CR I CC I CN I BP I 1 X X 7f X I X I X I X I X I X I X I X X I X I P P 7. Food Processing Parking Includes facilities engaged in the cooking, packaging, canning and freezing of food 1 space per 500 square goods, but excludes meat packing. feet of processing area or 1 space per two employees of largest shiii, whichever is greater; plus 1 space per business vehicle; plus required parking for additional uses on site NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 Ji X X X X X X X X X X X X P P 8. Furniture Upholstering Parking Includes facilities primarily engaged in the upholstering of furniture. I space per each 2 employees NUI I NU2 I NU31 NU4 I NUS I URI I UR2 I UR31 UR41 UR5 I CR I CC I CN I BP I 1 X X X X I X I X I X I X I X I X I X I X I X I P I P 9. Laboratories Parking Includes chemical, dental, electrical, optical, mechanical, and medical laboratories and As determined by the includes facilities that provide research and investigation of the natural, physical or Director social sciences, which may include engineering and product development. NUI INU21NU31NU41NU51 URI JUR21 UR31UR41UR51 CR I CC I CN I BP I 1 X X X X I X I X I X I X I X I X I X I X I X I P T- 10. ',.' Parking A facility for the disposal of solid waste that is not reused, recycled. or combusted for I parking space ner energy recovery. 250 square feet of office space: plus other parking as determined by the Director January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 30 • A n E NU1 NU2 NU3 NU4 NUS UR1 URZ UR3 UR4 URS CR CC CN BPI I X X X X X X X X I X I 2i I X I X I \ I -AF X ll. Manufacturing Parking Includes facilities engaged in the mechanical or chemical transformation of raw materials or substances into new products or product components and may include the assembly of the new products. Includes the blending of materials, such as lubricating oils, plastics, resins, or liquors. The following are manufacturing use types: a. Light - Any kind of manufacturing, processing or treating of products which are not 1 space per 500 square obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or feet of processing area other causes. Typical uses include, but are not limited to, cabinet/carpenter shops, or I space per two garment manufacturing, machine shops, and textile manufacturing. employees of largest shift, whichever is greater; plus 1 space per business vehicle; plus required parking for additional uses on site NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X j X j X X X X I X X I X X P P b. Heavy - Includes manufacturing, processing or treating, or storage of products 1 space per 500 square which may he obnoxious or offensive by reason of the emission of odor, dust, smoke, feet of processing area gas, noise or other causes. Typical uses include, but are not limited to, asphalt and or 1 space per two cement batch plants, automobile dismantling yards, chrome olatine, fat rendering employees of largest plants, fireworks plants, foundries, glass plants, lumber mills, meat packing plants, shift, whichever is microchip plants, paper mills, petroleum refineries, rock and gravel processing plants, greater; plus I space scrap metal processing, smelters, storage of gunpowder in excess of seven hundred per business vehicle; fifty (750) pounds, storage of any other explosive in excess of one hundred (100) plus required parking pounds, storage of oil, gasoline or petroleum products in excess of two thousand five for additional uses on hundred (2,500) barrels, and waste disposal facilities. site (1) Scrap Metal Processing 3 spaces minimum or 1 space per 7,000 square feet of yard area or fraction thereof up to the first 42,000 square feet plus 1 space for each 20,000 square feet or fraction thereof, in excess of (2) Automobile Dismantling 42,000 square fee, (3) Selvage Yards whichever is greater NUI NU2 NU3 U41NUSI URI JURZI UR31UR41 UR51 CR j CC I CN I BP 1 X I X I X I X I X I X I X I X I X I X I X I X I X I X I C 12. Moving and Storage Facilities I Parking January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 31 Include facilities engaged in the moving of residential and/or office furniture and similar items from one location to another and may include the short-teen storage of such items. Moving and storage may also include the storage of large moving woks. 1 space per 2,000 square feet of storage area; plus required parking for additional uses on site NUI INU21NU31NU41NU51 URI JUR21UR31UR4[UR51 CR I CC I CN I BP I 1 X X X X I X I X I X I X I X I X I X I X X I M I M 13. Outdoor Storage Parking Includes facilities engaged in the outdoor of vehicles, equipment, and materials subiect to Chapter 1753 (Proneriv Development Standards — Commercial and Industrial). Typical uses include: a. Building Material Yards— Includes the outdoor storage of building materials including but not limited to brick, stone, sand, eravel, rock, wood concrete, or other Ispace per 1,000 square feet of storage area materials used in construction Building material vards may include the accessory rental of construction equipment Storage areas shall be enclosed with a wall or fence at minimum hei ht ofsix b feet. 14Ul NU2 RU_NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X I X X X X I X I X X I X X M M b. Contractor Storage Yards — Includes an outdoor storage area used for the storaee of the equipment vehicles or other materials when not in use. Contractor storage I space per 5,000 square feet of outdoor storage area; plus I space per each business vehicle; plus required parking for additional uses on site yards may include offices and other accessory uses directly related to the business on the Property. Accessory storaee of construction materials shall be permitted provided that the storaee is not detrimental to the public health safety, or welfare and does not become the Primary use of the property. Broken or non-operative vehicles and eguinment shalt be property disposed of within 90 dans of becomingnon-operative NU11NU21NU31NU41NU51 URI JUR21 UR31UR41UR51 CR I C I CN I BP I t X I X I X I X I X I X I X I X I X I X I X I X I X I M I P c. General— Includes the outdoor storage of vehicles, materials. or eauinment related I space per 5,000 square feet of outdoor storage area; plus 1 space per each business vehicle; plus required parking for additional uses on site to the business on the Procerro. This use shall not be construed to be the commercial leasing of space for storage similar to a self storage facility, vehicle, or other recreational vehicle storage facility. NUl NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP t X X X X I X I X I X I X I X I X I X I C I X I M P d. Lumber Yards (1) Retail— Includes the outdoor storage and retail sales of lumber and other I space per 1,000 square feet of storage area associated material. (2) Wholesale— Includes the outdoor storage and sale of lumber and other associated I space per 5,000 square feet of storage area material for wholesale Purposes. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP t X X X X X X X X X X X C X M P January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 32 • 0 n U E 11 e. Salvage Yards— Includes outdoor storage of non-operative vehicles. eauinment or 1 space per 1,000 material for salvage and/or reuse purposes This use shall not include vehicle square feet of storage area impound yards. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 I CRICCICNI BP 1 X X X X X X X X X X I X I X I X I X I C E Vehicle Impound Yards— Includes the storage of vehicles impounded by law Minimum of 5 spaces; enforcement officials. plus 1 space per business vehicle; plus required parking for additional uses on site NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X X X X X X X X M P 14. Recycling - The following are recycling types: Parking a. Vending Machines as an Accessory Use - Includes vending machines into which No additional parking recyclables, such as aluminum cans, are inserted in return for monetary payment. needed NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P P b. Collection of Trucks and/or Bins as an Accessory Use - Includes automobiles, No additional parking trucks, trailers or vans, licensed by the Department of Motor Vehicles, which are used needed for the collection of recyclable materials and includes the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials in return for monetary payment. ^ eelleetion imek of bin .s ...._..i,, ---d either NUl NU2 NU3 4U4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X X XI X I X M M M M M c. Recycling Center - Includes facilities which accept delivery of soume-separated As determined by the materials, including but not limited to glass, paper and plastics. Materials may be Director accepted for compensation or as donations, and are intended for transfer to a larger facility for processing. (1) Small - An area and/or structure less than three hundred (300) square feet and is intended for day-to-day collection of materials and does not include power -driven processing equipment. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X C C X I M I P (2) Large - An area and/or structure over three hundred (300) square feet. A large collection facility may not contain equipment for processing the materials collected. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X XI C I C X C I P d. Greenwaste - Includes facilities that accept, store, and load municipal greenwaste As determined by the for the purpose of recycling. Director NUl NU2 NU3INU41NU51 URI JUR21UR31UR41UR5 CR CC CN I BP I 1 X X I X I X I X I X I X I X I X I X I X X X XC I M January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 33 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. As determined by the Director NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC I CN BP 1 X X X X X X X X X X X I X I X XC I C 15. Studios, Recording - The following are studio use types: Parking a. Movie - Includes facilities where motion pictures are produced including sound stages and backlots. As determined by the Director NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X X X X X X C X P P b. Music - Includes facilities for music recording/production. As determined by the Director NU1 NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP I X X X X I X I X I X I X I X I X I X C X P I P c. Radio- Includes facilities for radio production. As determined by the Director NUI INU21NU31NU41NU51 URI I UR21 UR31UR41 UR5 CR CCICNI BP 1 X 1 X 1 X 1 X I X X I X I X I X I X X C I X I P I P d. Television - Includes facilities for television production including sound stages and ackl ts. As determined by the Director NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X X X X X X X X I C X P I P e. StudiolFilm Rental Business- Includes facilities orimarily engaged in the rental of As determined by the film trailerswagons, and accessory filming equipment to the general public Director contractors or movie moduction cora anies. NUI NU2 NU3 M 4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X X X x X X x X C x p P 16. Truck Terminal Parking Includes facilities where trucks load and unload cargo and freight and where the cargo As determined by the and freight may be broken down or aggregated into smaller or larger loads for transfer Director to other vehicles or modes of transportation and may include the incidental warehousing of odds and storage of trucks and trailers. NUI NU2 NU3 NU4 NUS URI I UR2 I UR3IUR4j UR51 CR I CC I CN I BP I I X X X X I X I X I X I X I X I X I X I X I X I M I M 17. Warehousing Parking January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 34 0 • 0 U 0 0 Includes facilities primarily engaged in the storage of goods and materials in a building 1 space per 1,000 and does not include the assembly or manufacture of goods and materials. square feet of warehouse area; plus 1 space per business vehicle; plus required parking for additional uses on site NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR I CC CN BP 1 X X X X X X X X X X X X X P P Chapter 17.45 Public and Semi -Public Use Types 1. Community Assembly - Includes the activities typically performed by, or at, the Parking following institutions: a. Churches, temples, synagogues and other places of worship. 1 space per 4 fixed seats (every 24 inches of bench shall be considered one seat); plus I space per 28 square feet of assembly area without fixed seats b. Public and private nonprofit clubs, lodges, fraternal organizations and meeting 1 space per 4 fixed halls. seats (every 24 inches of bench shall be considered one seat); plus 1 space per 28 square feet of assembly area without fixed seats c. Community Centers - Includes a building and related facilities used for recreational, social, educational and cultural activities, open to the public or a I space per 200 square feet of recreational. cultural, social, and/or designated part of the public, usually owned and operated by a public or nonprofit cultural activity area: group or agency. plus 1 space per 250 square feet of office Floor area: plus required oarkine for additional uses on site NU1 NU2 NU3 NU41NU51URIJUR21UR31UR41URSICRICCICNI BPI I C C C C I C I C I C I C I C I C I M I M I C I M I M 2. HelipertlHehpad Parking January, 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 3S Includes the take -off and landing facilities for helicopters as an prieuary-eFaccessory Parking as determined use. These facilities may be found, but are not limited to be, in conjunction with a by the Director .,_.l._,.i„_....m__ of inn ......l _ark hospital, fire station, public utility, or a sheriff station. NUI NU2 I NU3 I NU4 I NU51 URI I UR2 I UR31 UR4 I URS I CR I CC CN BP 1 C C C C I C I C I C I C I C I C I C I C I C C I C 3. Homeless Shelter Parking A facility which provides housing on a not-for-profit basis. Housing may include 1 space per emergency shelters on a short -teen basis or temporary until permanent housing is employee/staff found. These facilities generally provide referrals to other agencies, meals, counseling member; plus 1 space and advocacy, see Section 17.38.010 (Homeless Shelter Overlay Zone) and Section per 5 temporary 17.66.070 (Homeless Shelters) for Specific Development Reauirements. residents NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 X X X X X X X X X X X C X M M 4. Hospital Services Parking Includes institutions providing primary health services and medical or surgical care to 2 spaces per each persons, primarily on an in-patient basis, suffering from illness, injury and other licensed bed; plus I physical or mental conditions and may include associated facitities for out-patient and space per 400 square emergency medical services, heliports, diagnostic facilities, laboratories, training, feet of outpatient research, administrations and services to patients, employees and visitors. clinic, laboratories, pharmacies and similar uses established in conjunction with the hospital. A minimum of 25 percent of the parking shall be designated for employees NUI INU21NU31NU41NU51 URI I UR21 UR31UR41UR51 CR I CC I CN J BP I 1 X I X I X I X I X I C I C I X I C I C I C I C I C I X X 5. Museums, Private Parking Includes permanent facilities generally of noncommercial nature such as aquariums, 1 space per 400 square arboretums, botanical gardens, private libraries and museums, historic sites and feet exhibits. NUI INU21NU31NU41NUSI URI I UR21 UR3JUR4JUR5J CR I CC I CN I BP I 1 X I X I X I X I X I X I X i X I X I X I P I P C I C I X 6. Parks, Public and Private Includes tracts of land designated and used by the public or members of a private organization for active and/or passive recreation. January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 36 0 11 0 • 0 a. 50 acres or less As determined by the Director 4-spee"er eeek-43-sgnare-feet of gymnasiumi plus 1 nn SRH We le el 8 f G ff@a in !he 1"gesF n em ineeeh gyfRHaSiHFR bU ldiRgj Plus I SfWefOF Wh 400-sgnare feet femaMtRg"AeBF'aFea in'gy1 flas um and 8614PFhbdding5 (eaeluding-padeng f aaj buildings -qBEOpen to the pub! e)j _r. s 1 rn Rem d park s; plus ' spsee IeF eaeh addit;ene7 aef ' N developed -pwlein NUI IN1.12INWINNINUSI URI JURZIUR31UR41 URS CR I CCI CN I BP I 1 C C C C C C C C C C C C I C I C I C b. More than 50 acres As determined by the DirectorNi Bf eseh faeRkY eeuxaet .3A%ere said sta"defdS am Hei a%Qila4le, 1110 DiMeter Ano Make -the abased on the fees ffinend" ieere! the -BiFeeterOFPark s mien NUIINU21NU31NU41NUSIURIJUR21UR31UR41UP.51CRICCICNI BPI 1 C C C C I C I C I C I C I C I C I C I C C C C 7. Public Parking Facilities Parking Includes parking services involving buildings or lots which arepublicly owned or operated. I As determined by Director January 20131 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 37 NUI INU21NU31NU41NU51 URI JUR21UR31UR41UR51 CR I CC I CN I BP I 1 \ I \ I \ I X I X I X I X I X I X I X I P P P P P 8. Public Services, General Includes uses provided by public or semi-public agencies which are necessary to support the community's health, safety, and welfare. Typical general public services include, but are not limited to: community water facilities (includes storage, wells, and treatment facilities); administrative government facilities; libraries; museums; police and fire stations; and post offices. As determined by the Director NUI NU2 NU3 I NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 \I M M M M M M P I P P P P 9. Public Services, Specific Parking Specific public services are those public services necessary to support the community's health, safety and welfare, but whose operating characteristics are unique and require specific permitting requirements which may be of a higher or lower level of review than the general public service uses. Specific public service uses include the following: As determined by the Director a. Cemeteries (including accessory uses such as funeral homes and mortuaries) NUI I NU2 I NU31 NU4 I NU51 URI I UM I UR31 UR41 URS CR I CC I CN I BP I 1 S X C\ X X X X I X I X I X I X I X I X IX b. Corporation Yards - Including storage, repair, and processing of materials and equipment and vehicles operated by government or public utility entities. NUI I NU21 NU3 NU4 I NUS I URI UR2 UR3 UR4 UR5 CR CC CN BP I X I XI X X X X X X X C C C C M c, Flood Control Facilities NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 P P I P P P P P P P P P P P P P d. Incarceration Facilities NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URS CR CC CN BP 1 \ X X X X X X X X I X I X I,x I X I C I C e. Preservation of Historical Landmarks NUI I NU2 I NU31 NU4 I NUS URI I UR2 I UR3 I UR4 URS CR CC CN BP I P I P I P I P I P P I P PI P P P P P P P f. Park and Ride Lots NUI NU21 NU3 I NU4 I NUS I URI I UR2 UR3 I UR4 I URS CR I CC CN I BP I 1 X X X X I X X I X C C C M M C M M _. Ambulance or Paramedic Dispatch NUI NU2 NU3 I NU4 NU51 URI I UR2 UR3 UR4 UR5 CR CC CN BP 1 X I, I X I X I X 1X X C C C M M C M M h. Utility Substations NUI I NU2 I NU3 I NU4 I NU5 I URI UM I UR3 I UR4 I UR51 CR I CC I CN I BP I I January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 38 0 11 • C I c I c I c I c I c I C c I c I c I c I c I c I c I C 10. Rehabilitation Facility Parking Includes facilities licensed by the State Department of Health Services, the State Department of Social Welfare, or the County of Los Angeles, which provide bed and ambulatory care for patients with post-operative convalescent, chronic illness or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts or persons with mental or contagious diseases or afflictions. I space per resident; plus 2 spaces per each employee dwelling. NUIINU21NU31NU41NUSI URI JUR21UR31UR41UR51 CR I CC I CN I BP 1 X X X X I X I X I X I X I C I C I C I C I C I X X 11. Schools, Public and Private - The following are public and private school use types: Parking a. College and University - Includes community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees and generally requiring for admission at least a high school diploma or equivalent academic training which may include on-site studcni housing (dormito As determined by the Director. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP I X X X X X X X X X X X X X C X c_.._ v___ n..n___ OR MiNiffiUMOf c_u. R _ crm Aeres NU1 NU3 NU3 A`U4 NU5 UM UM U43 UR4 URS CR CC CR 812 1 X X X I X X X X X X X X X X C X A414 I NU4 I P114 I NU4 I NNS I UM I UM URI I 444 1 U45 1 CR I CC I CP3 1 BF 1 * C X (3) College Foeilifies ii Othe"t GOMPMs A In.ludes Ali types ef soilage feeil ties, iflelud ng, be! Re A3U-4 NUb NW NU4 NUS 1181 UR3 1383 URS UR5 CR CC CA 812 1 A X X X X X X X X X X C X Conferenee rapilifies 444 1 NW I N143 N114 AH15 UR1 1183 UW UR4 URE CR CC- C I 2i I X j X j X I X I X I X I X I X I X I X I X 1 F 1 X NU4 N443 NU3 NU4 AU A 4:44 UR2 16R3 14" URS CR CC CN 811 1 X X X X X X X X X X X X X F X January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 39 NU4 NW NU3 NU4 NUS URL UR2 UR3 UR4 UIQ C-R CC C -P1 8R I x x x x x x x x x x x x x C x (9) Chape NW N92 NW NU4 NUS UR4 WU UR3 UR4 URS CR CC CN BP 1 A X A x x x x x x x x x x C NU4 NUS uRF uRb UR3 UR4 UR3 CR C6 CN $R 4 7 1717 x x x x x x x x x x C- x NU4 N462 N63 NU4 NU5 URF UM UM UR4 URS CR CG CN 812 4 A x x x x x x x x x x I x I Cx ?7134 NU2 NU3 NU4 NUS UR4 1-182 UR3 UR4 URS CR CC CN BP I �c x x x x x x x x x x I x C- I x NUF 14W I NU3 I NU4 I NUS I URF I UIU I U83 I MU I URS C-R I CC I CN 8R 4 x x 1 x I x xI x Ix I xI x I x x x I x C- I x NU2 +s7U3 NU4 NUS URF U4Q UR3 UR4 URS CR C -C CN BP 4 X x x x x x x x x x I x I s I x (K) On site Student Hausing NUF I NUE I NW I NU4 NUS URF UM MO UR4 URS CR CC CN I BP 4 2 1 2i 1 x x x x x x x x x x 1 C x NU3 NU4 NUS URF UIU UR3 UR4 URS CR CC CN 8P 4 7NU2 x x x i x I x I x I x I x I x j x I x x 1 C x ,.aded College ._ n.____..,,.,.., @ffl eOliege ,...id._._ -d.._ NUF NU2 NW NU4 NUS I URF UR2 I URI UR4 URS CR CC CN 8R 1 4 X IN x x x x x x x x x x x P x b. Private Primary and Secondary Schools - Includes private elementary, middle, junior high, and high schools serving grades kindergarten through 12th. Does not include specialized school use types. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C I C I C C C C C C C C C I C C c. Public Primary and Secondary Schools - Includes public elementary, middle, junior high, and high schools serving grades kindergarten through 12th. NUI INU21NU31NU41NU51 URI I UR21 UR31 UR4IUR5I CR I CC I CN I BPI I C I C 1 C 1 C I C I C I C I C I C I C I C I C I C I C I C I2. Small Wind Energy System I Parking January 2013 1 DRAFT Chapter 17.12 and 17.13 - Use Type Classifications and Permitted Use Charts Page 40 0 U 0 0 • • Includes wind energy conversion systems consisting of a wind turbine, a tower, and As determined by the associated control or conversion electronics, which will be used primarily to reduce on- Director site consumption of utility power and shall be consistent with Section 17.66.120 (Sinal] Wind Enffgv S ste s . NUI I NU2 I NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P 13. Wireless Communication Facilities Parking Includes commercial and private electromagnetic and photoelectric transmission, As determined by the broadcast, repeater and receiving stations for radio, television, telegraph, telephone, Director 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 Chapter 17.69 (Wireless Communication Facilities and Satellite Dish Antennas) Does not include accessory structures, including home television and radio receiving antennas, HAM radio antennas, residential satellite dishes in accordance with Chanter 17.69 (Wireless Communication Facilities and Satellite Dish Antennas], and communications facilities for community services provided by a public agency. a. Above thirty-five feet in height NUI NU2 NU3 NU4 I NU51 URI UR2 I UR3 UR4 URS CR CC CN BP 1 C C I C I C I C I C C C C C C C C C C It. Up to thirty-five feet in height NU1 NU2 NU3 I NU4 I NU51 URI UR2 UR3 UR4 URS CR CC CN BP I — C C C C C C C C C C I M M I M I M IV c. Flush -mounted NUI NU2 NU3 NU4 NUS URI I UR2 I UR31 UR41 UR51 CR I CC I CN I BP I 1 C C C C C C I C I C I C 1 C I M I M I M I M I M d. Co -located — Must be Aush-mounted below the mofline of the building, camouflaged, and architecturally consistent with the buildine or structure and similar to the other wireless facilities on the vrowl site. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I C C C C C C C C C C M M M M M 14. Zoos Parking a. Zoos - Includes places where animals are kept, often in a combination of indoor and As determined by the outdoor spaces, and are viewed by the public. Director NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X I X I X 1 X I X I X I X I X I X I X X X I X b. Petting Zoos - Includes an establishment designated to the keeping of domestic and As determined by the barnyard animals in a combination of indoor and/or outdoor spaces where visitors are Director able to directly interact with the animals. Admission may be free or fee-based. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UO URS CR CC CN BP i X X X X X X X X X X X X X X X January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 41 Chapter 17.46 Agricultural Use Types 1. Horticulture I Parking Includes the growing of fruits, vegetables, flowers, or ornamental plants As determined by the Director a. Residential Use Only - includes the growing of fruits, vegetables, flowers, or ornamental plants on a residential property for the sole use of the residents of that property and are not sold. NUIINU21NU3]NU41NU51URIJUR21UR31UR41UR51CRICCICNI BPI I P I P I P I P I P I P I P I P I P I P I XP I XP I XP I XP I XP b. For Commercial Sale - includes the growing of fruits, vegetables, flowers, or ornamental plants for either retail or wholesale purposes. NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BP 1 C C C I XC XC I XC I XC I X I X I X I ,NM I XM I XM I P I P c. Within Public Utility Easements - includes the growing of fruits, vegetables, flowers, or ornamental plants within public utility easements and may include wholesaling. NUIINU21NU31NU41NU51 URI I UR21UR31UR41 UR51 CR I CC I CN I BP II P P P P I P I P I P P I P I P I P I P I P I P I P 2. Farmers Market Parking An occasional or periodic market held in an open or enclosed structure where groups of As determined by the individual sellers offer fruits, vegetables, flowers, ornamental plants, honey, eggs, and Director similar agricultural products, baked/cooked goods, beverages, and crafts for sale to the public. . Permanent NUI NU2 NU3 NU4 1 NUS 1 URl UR2 UR3 UR4 URS 1 CR 1 CC I CN 1 BP 1 1 C C C C I C I C li C I C I I I C I I C I M I M I M I M I M b. emnorary a NUI NU2 I NU3 I NU4 I NU51 URI I UR2 I UR3 I UR4 I URS I ERN CN BP 1 T T T T T T T T T T T T T T T _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3. Farm Worker Housing Parking Includes detached or attached, seasonal or permanent housing units for employees of a As determined by the commercial agricultural operation. I Director NUI NU2 I NU3 i NU4 J NUS I URI I UR2 I UR3 I UR4 I URS I CR I CC I CN I BP I1 X X X X I X I X I X I X I X I X I X I X X X X 4. Keeping of Animals Parking Includes the keeping and raising of animals for either personal or commercial purposes. As determined by the The following are keeping of animals use types: Director a. Beehives - includes the keeping of containers for housing honeybees. (1) 1 to 3 beehives January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 42 0 • • 0 • NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP 1 P P P M M X X X X X X X X X X (2) 4 or more beehives NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP 1 P P P C C X X X X X X X X X X b. Dairies - includes facilities in which cows (or other animals) are raised and kept for their milk production. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X I X I X X C c. Feedlot, Livestock - includes facilities with confined area, structures, pens, or corrals in which livestock are kept in order to feed and fatten the livestock prior to final shipment and not operated in conjunction with a bona fide farm. NUI NU2 NU3 NE NUS URlI UR2 UR3 UR4 URS CR CC CN BP I X X X X IX X I X X X X I X X X X C d. Hog Ranches - includes facilities with confined areas, structures, pens, or corrals in which hogs are raised or kept. Does not include other use types identified in this section. NUI NUZ NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP I X I X I X I X X X X X X I X I X X X X C e. Large Animals - includes the keeping of large animals including cows, horses, pigs, and similar animals which, when fully grown, weigh over4w a -two hundred f Ry (300250) pounds. Does not include other use types identified in this section. The keeping of large animals shall be in accordance with Section 17.62.020 K in of Lar a Ani ais . NUl NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P I P I P P P P P P P X X X M M E Small Animals - includes the keeping of small animals, such as birds, cats, dogs, goats, rabbits, sheep, and similar animals which, when fully grown, weigh less than three -two hundred, fifty (300250) pounds. Does not include other use types listed in this section. The keeping of small animals shall be in accordance with Section17.62.0ceningof Small Animal . s NUI NU2 NU3 NU4 NU5 URl UR2 UR3 UR4 UR5 CR CC CN BP I P P P I P IP P P P P PI P I P I P I P I P g. Wild, Exotic, or Educational Purposes - includes the keeping of wild, exotic, or non-domestic animals, including antelopes, armadillos, badgers, beavers, camels, deer, emus, foxes, giraffes, kangaroos, koalas, minks, ostriches, otters, peacocks, porcupines, prairie dogs, raccoons, seals, wallabies, zebras, or other similar animals which, in the opinion of the Director, are neither more obnoxious, nor detrimental to the public welfare than the animals listed. NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 I CR I CC I CN B PF 1 M M M M M C X X X X I X I X I X I X X 5. Keeping of Animals for Educational Purposes Parking Includes the keeping of large or small animals for educational purposes, including 4h As determined by the Head, Hand Heart, and Health) of FFA (Future Farmers of America). Director a. Small Animals - includes the keening of small animals, such w birds cats does goats rabble sheen and similar animals which when fully gron c gh less than three hundred (300) pounds The keening of small animals shall be in accordance with Section 17.62.030 (Keeping of Small Animalsj. January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 43 NUI NU2 NU3 NU4 INU';I URI UR2 JUR31UR4 JUR51 CR CC I CN I BP1 URl UR2 UR3 UR4 UR5 CR CC P P P P P P P M M M X X X X X h. Large Animals - includes the keeping of large animals including cows, horses, pigs, and similar animals which, when fully grown, weigh over three hundred (300) pounds. Does not include other use types identified in this section. The keeping of large animals shall be in accordance with Section 17.62.020 (Keeoin¢ of Large Animals). NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I P P P P P P P M M M X X X X X 6. Riding Trails Parking Include trails intended for the riding of hones. As determined by the Director NUI INU21NU31NU41NU51 URI I UR21 UR31 UR41 URSI CR I CC I CN I BPI 1 P P P P I P I P I P I P I P I P I P I P I P I P I P 7. Wildlife Preserves and Sanctuaries Parking Includes land or area intended to protect and preserve wildlife and/or wildlife habitat. As determined by the Director NUI NU2 NU3 NU4 NUS URI UR2 I UR3 I UR4 I UR5 CR CC CN BPI 1 P P P P P P C I X I X I X I X I X I X I X I X Chapter 17.47 Temporary Use Types 1. Temporary Residence Parking Includes the use of a mobile home as a temporary residence during construction of a 2 spaces per unit permanent residence on the same site. Temporary residences shall be in accordance with Chaoter 17.67 (Temporary UsesI. a. Short Term - Up to twelve (12) mombs. NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 UR5 CR CC CN BP 1 T T T T T I T I T I T T T T T T T T b. Long Term - Over twelve (12) months. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC APIM M M M M M M M M -6M xM 2. Temporary Real Estate Offices Parking Includes offices for the sale of lots on the tract upon which the office is located for not 1 space per 250 square more than two (2) years. Temporary real estate offices shall be in accordance with feet of office space Section 17.emrom Uses). NUIINU21NU31NU41 NU51 URI I UR21UP31UR41UR51 CR I CC CN I BP I 1 T T T FT PT RT I FT FT I w I PT I?XT I XT XT I )a dfT 3. Holiday Salva P"Mat- January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 44 0 • 0 0 0 Includes any temporary event intended primarily for the sales and celebration of an No additional parking event or holiday in accordance with Chanter 17.67 (Temporary Usesl. Such uses required for on an include, but are not limited to, Christmas tree sales lots, Halloween pumpkin sales, and existing developed other holiday sales. parcel; a designated parking area shall be P P P provided to the I P I P satisfaction of the 3. Carports Director for the NUI I NU2 NU3 NU4 NUS URI UP2 1R3 UR4 URS CR CC temporary use of an M M M M M M M M M M M M undeveloped parcel NUI I NU21 NU31 NU41 NU51 URI I UR21 UR3 I UR41 UR51 CR I CC CN BP I T T T T T T T T T T T T T T T 4. Temporary Uses Parking Includes temporary uses prescribed in Chapter 17.67 tTerrmorary Uses) of this code. As determined by the P Director NUI I NU2 NU3 I NU4 I NU51 UR1 I UR21 UR31 UR4 I URS CR CC CN BP I T T T T T T T T T T T T T T T Chapter 17AS Accessory Structures and Uses Use Types 1. Accessory Structure A building or structure detached from the main building, on the same lot, which is customarily incidental and subordinate to the main building or to the main use of the property. NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BPI I P P P P P P pip] P P P P P P P 2. Accessory Use A use that is incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which does not alter the principal use of such lot or building nor serve property other than the lot or parcel of land on which the principal use is located. NUI NU2 NU3]NU41NU5]URIJUR21UR31UR41UR51CRICCICNI BPI I P P P P I P I P I P I P I P I P I P I P I P I P 11P 3. Carports a. Carports used as required parking for multifamily or non-residential uses NUI I NU2 NU3 NU4 NUS URI UP2 1R3 UR4 URS CR CC CN BP I M M M M M M M M M M M M M M M b. Carports used as accessory to required parking for single family use NUI I NU2 I NU3 I NU4 I NUS I URI I UP -2 I UR3 I URS I URS I CR CC CNfl BP I P P P P P P P P 1!1 P P P P P P e Ca orts for residential or non-residential uses with solar anels January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 45 NUI NU2 NU3 NU4 NUS URI UR2 i UR4 URA CR CC I CN I BP 1 AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 34. Incidental Services for Employees Includes services offered to employees on a site occupied by a permitted or conditionally permitted use including day care, recreational facilities, showers, and locker rooms. NUIINU21NU31NU41NU51UR11UR21UR31UR41UR51CRI CCI CNI BPI I P P P P I P I P I P I P I P I P I P I P P P P 45. Live Entertainment Includes any live show, performance, singing, dancing, or artistic interpretation provided for the amusement of one or more persons but does not alter the nature and function of the primary use. a. Indoor NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 URA I CR I CC I CN I BP I 1 X X X X X X X X X X Nel M I M I M I M b. Outdoor NUI i NU2 NU3 NU4 NUI URI UR2 I UR3 I UR4 I URS I CR I CC I CN I BP 1 X I x x X X X X I X I X I X I M I M I X I X I X 6. Shared Private Water Well Shall be a nrivate water well that is shared bv more than one narcel of land not under the same ownershi . NUI NU2 NU3 NU4 NU5 URI UR2 UR3 I UR4 I URS I CR I CC I CN I BP I I C C C C C X X X X X x x x X 7. Tem orary Accessory Use of Pubticly Owned Facilities Includes any temporary use of a Publicly owned or operated building which does not substantialiv alter the facili 'sus,. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP 1 X X X X X X X X X X X 1 X I X Chapter 17.49 Development Activities/Miscellaneous Use Types 1. Development Activity on Protected Ridgelines All development on a protected ridgeiine shall be in accordance with Section 17.38.070 (RP — Ridaeline Preservation Ov rla Zone) and Section 17.51.020 Hillside Develo Pent of this Code. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR -5 CR CC CN BP I R R R R R R R R R R R R R R R — — — — — — — — — — — — — — — 2. Development Activity on Natural Slopes Development activity on natural slopes on all or part of the developable portions of the property shall be in accordance with Section 17.51.020 Hillside Develo mart of this Code. a. Less than ten (10) percent average. January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 46 r -I LJ 0 0 NUI NU2 NU3 NU4 NU5 URI I URZ UR3 UR4 UR5 CR CC CN BP I P P P P P P P P P P P P P P P b. Ten (10) percent to fifteen (15) percent average. NUI I NU2 NU3 NU4 NU5 URI UR2 I UR3 I UR4 I UR51 CR I CC I CN BP I 1 H I H I H H I H H H I H 1 H 1 N I H H H H H c. Greater than fifteen (15) percent average. NUI NU2 NU3 I NU41 NU51 URI I UR2 I UR3 I UR4 I UR5 I CR I CC I CN I BP I 1 II H if H It 11 H H H H H H 11 11 H 3. Grading Cut and Fill of any Combination Thereof a. Between one hundred (100) and one thousand, five hundred (1,500) cubic yards on natural slopes greater than ten (10) percent average. NUI NU2 I NU3 NU4 I NU51 URI I UR21 UR3 UR4 I UR5 CR CC CN BP 1 P P P P P P P PI P I P P P P P P b. Greater than one thousand, five hundred (1,500) cubic yards on natural slopes greater than ten (10) percent average. NUI NU2 NU3 I NU4 NU5 URI I UR2 I UR3 I UR41 UR51 CR I CC I CN I BP I I H H H 11H H H H H H H H H FI H 4. Off -Site Transportation of Earth Includes the movement of earth either to or from a location off-site. a. Less than ten thousand (10,000) cubic yards. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP 1 P P P P P P P P I P I P I P I P P P P b. Between ten thousand (10,000) and one hundred thousand (100,000) cubic yards. NUI NU2 NU3 NU4 NU5 URI UR2 I UR3 I UR4 UR51 CR I CC CN BP 1 trl M M M M M M I M I M M M I M M M M c. Greater than one hundred thousand (100,000) cubic yards. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UM CR CCC BP 1 C C C C C C C C C C C C C C C 5. Cluster Development Cluster development shall be in accordance with Section U.6S W0lCluster Dei clormentsl of this Code. NU2 NU3 NU4 NUS URI UR2 UR3 UR4 UR5 CR CC CN BP 1 ;NUI C C C C C C C C C X X X X X 6. Affordable Housing Affordable housing density bonus shall be in accordance with Section 17.68.030(Density of this Code. &gnus Requirements) NUI INU21 NU31NU41NU51 URI I UR2 UR3 UR4 UR5 CR I CC I CN I BPI 1 X I X I X I X I P I P I P IX I X I X I X I X January 2013 1 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 47 January 20131 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 48 0 r1 0 7. Amenities Density or FAR Bonus Amenities density and FAR bonuses shall be in accordance with Section 17.68.030 (Density R uir m c) of this Code. Bonus NUIINU21NU31NU41NUSIURIJUR21UR31UR41UR51CRICCICNI BPI I C I C I C I C I C I C I C I C I C I C I C I C I C 1 6X 1 6X 8. Railroad Rights -of -Way Includes the following uses within railroad rights-of-way a. Operational Activities - Includes activities related to the operation of the railroad, including, but not limited to, stations, transit stops, and park and ride facilities. NUI INUZINU31NU41NU51 URI JUR21 UR31UR41 UR51 CR CC I CN BP I I X X X X X X X XI X I X I X X I X X I X b. Accessory Activities/Uses - Includes trails, bike paths, sidewalks, picnic areas, passive park activities, and landscaping. NUI NU2 NU3 NU4 NUS URI UR2 UR3 UR4 URS CR CC CN BP I X X X X I X I X I X I X I X I X I X X X X I X c. Storage - Includes the storage of any materials, vehicles, goods, and supplies not related to subsection (8) (a) of this section. NUl NU2 NU3 NU4 NUS URl UR2 UR3 UR4 URS CR CC CN BPI I X X X X I X X I X I X I X I X I X I X I X I X I X January 20131 DRAFT Chapter 17.12 and 17.13 — Use Type Classifications and Permitted Use Charts Page 48 0 r1 0 0 • F -IL Chapter 17AS57 PROPERTY DEVELOPMENT STANDARDS -RESIDENTIAL Sections: land and 17.57.010 Purpose. 17.57.020 Residential Development Standards. 17.57.030 Multifamilv Residential Development Standards. 17.57.040 Accessory Buildings and Structures. 17.57.050 Distance Between Buildings. 17.57.060 Setbacks. 17.57.070 1715.010 17.1£.820 i7i7 15.030 x7.15.040 17.15.060 Walls and Fences. Developm.._.. o_..:w.._.:.1 7ones; 0......._..r n.,......__ ent Standards: A _ __.._ _. and Residential Zoom. Dei '---. -"'--ems-6' ._,.�.: G.�":mes: _ _ Development c..._w., a . _. Read DedienWoas and Im.-p-ravementsa-A,--.o-C and 1 Zones. developinent standards she!! apply to all land and ba Idings perniked in A and R zones. Any legal lot may -be RR A. GENERAL REQUIRKAW TS A Rb Ri=F, Rb RS 4tm RsfD ' NA N.3 4.,9 2d 30 4" 29.,9 2" 2: ' S9Ae 49,998 49;998 29.990 3888 3;888 5'" 3.808 } ., Lai mil 400 400 400 73 39 M 30 39 49 40 49 40 40 40 40 40 4,fow oFEra.,,.ael 29 20 20 29 29 20 2A 20 3 "` 33 34 34 34 313 34 34 34 A, 24 20 20 29 20 20 29 20 7- ROOFW set4eel K 33 43 44 ii 43 45 43 & 4i 45 93 03 43 4s 45 23 A ` - .. I eigio efaeee-sen s —. ;3 23 45 4 43 43 43 43 49: 1) dia.ee betwee Rs 40 49 40 40 A 40 40 40 ,...._...... _...._......___.._,_._.._ 6 6 b b 6 6 6 6 42- 23 23 2s 2S 25 23 23 23 43 January 2013 1 DRAFF Chapter 17.15 - Property Development Standards Page 1 January 2013 I DRAFT Chapter 17.15 — Property Development Standards Page 2 0 0 0 17A557.0210 Purpere. - It is the pumose of this chapter to provide development standard- to all properties and structures permitted within residential zones. The following property development standards apply to all residential property and structure- ,_....:::' - in _o-_wfe and -es:__-::c. The dimensions shown are the minimum required, unless otherwise stated. r�wA..0 s • 0 shy y--•-• wrrr.r 1�`7tttitt r F re.w January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 3 r 0 rI L January 20131 DRAFT Chapter 17.15 — Property Development Standards Page 4 0 • 0 uln away arRss rarer � am nwmwa sw a� arrzcn /�. Am � mrors� rrAe err � r>��a � wrl art rnrrn rlu�auww w v 1 SL76W IllJ fi11M AKU January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 5 .}S4II.l lm la�f MM- VMIH 'srrw.c, ubut n- ur►gtam raau -tr rnrr or rr RIW"K Tit? AAMM THF Mof31R .MM F PanPran. StCCWx� �flaal ���}r aam� - Comment [GVa]: Genanl Plan Implemenlati Homes on comer lots or view corridors that are more visible to the public shall require a higher level of design on the more mominent elevations. Bd Rear Yard Coverage. Not more than fifty (50) percent of the reauired rear Yard shall be covered by buildines or other roofed structures. C4 Buildings and structures exceeding two (2) stories or thirty -tie (35) feet in height wh'che cr is more restrictive, shall reouire approval of a conditional use perm' ..,..., .Itafal ttses ... ieh shall not ..ed, -w. (50) feet in neigh whieh they ffe leeme, F4Metal Siding Siding for new single-family homes shall reflect the chamcter of surrounding homes and residential uses and shall not be composed primarily of matal.^ -- -- - `--' '- -"'--- --a ----=-- [ January 2013 1 DRAFT Chapter 17.15 - Property Development Standards Page 6 0 0 11 `I 11 u Parking S"enffeS skAl 149t POSS055 OR tile SH41160 Of the E*P05ed WROFISF - ails Md ng eBraposeel pfisaaFily e G2. Sloped Roof. The primary roof of new single-family dwellinas shall be slaved with a minimum incline of H+ Modifications of Garages. Conversions of existing required earaees into habitable soace isyermined only following the issuance of a certificate of occupancy for anew eamee consistent with the residential eumen Ia. Reauired front yard; and =6. Any additional area of a residential lot that is not predominantly screened from a public or private street January 20131 DRAFT Chapter 17.15 — Property Development Standards Page 7 CommeM (GP37: General Plan Implementation �nTs (:nntx ARIAnsuw A�n��rtslN¢ re' nn M(FlUC1 CA`N[N.IIAPR \.W.EI: A\OUNII(".a\111\ STMVUA11pR5TIlI(lS { AIkmN ---- FIGURE 17.57 —1 Residential Parking Areas O. Front Yard Landscaping, The following shall serve as a guideline for exemptions to the front vard landscane reguirement, as shownFigure 1757 — 2 (Driveway Paving), subimt to the approval of the Director. I Patine or other similar types of hardscaoe intended for vehicular use shall be permitted to extend a maximum of ten (10) feet into the adjacent side vard from the driveway past the width of garage into January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 8 0 • — ANn9ANDC— SrAWMOD-SIW - - I I � I I i I Wkq � I AMaN i I PAer PSkhg � AOueN A- _f__________ _ Aa�N _______�_.=ro -- 9N i Na YvkR NOY(ku0 FIGURE 17.57 —1 Residential Parking Areas O. Front Yard Landscaping, The following shall serve as a guideline for exemptions to the front vard landscane reguirement, as shownFigure 1757 — 2 (Driveway Paving), subimt to the approval of the Director. I Patine or other similar types of hardscaoe intended for vehicular use shall be permitted to extend a maximum of ten (10) feet into the adjacent side vard from the driveway past the width of garage into January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 8 0 • 0 that Portion of the required front yard that is on the opposite side of the garage as the front door of the residence. 2. All Proposals for ravine or hardscaoe intended for vehicular use to extend beyond the ten (10) feet as Permitted above shall be subject to review by the Director. The rronosal shall be reviewed on the basis of compatibility with the surrounding neighborhood and with the intent of the Code 3. The approval of the City shall not supersede the approval of any other affected agency including, but not limited to Homeowners Associations (HOA's) or similar entity. Covenants. Conditions and Restrictions (CC&R's) may apply to the proyerty in question. 4. In cases of side-loaded/side-entry garages, paving for vehicular use shall be permitted in the required yard that is on the same side as the front door, subject to review by the Director. Landscaping shall be garage into that Portion of the required front Yard that is on the same side of the gampe as the front door of the residence. Any such request shall be subject to aprroval of an adjustment. pursuant to Section 17.24. 100 (Adiustrnent). Sanded Ddymy D wm., F-MmAw FIGURE 17.57 - 2 Drivewav Puvin- �opdmd Pavaf Puking :o' Snm<k 1 1'.1.8-050P. Width. Paving and Slope of Driveways. Access to-"�.n,R-oarkine snaces required by this Code chap ep whieh serve dove (3) or more w-"'-- shall be developed in accordance with the following: A 1. Driveways shall be not less than ten (10) January 2013 1 DRAFT Chapter 17.15 - Property Development Standards Page 9 F- -I LJ 92. 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 naved. undercarriages. 2b Changes in slope along the of a driveway must he at a maximum algebraic grade difference of ten percent (10%) per grade break for a minimum of ten (10) feet net 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 Ione vertical curve. (An exception is driveway approaches ver APWA standards.) 94. All parcels less tha:.an@'-�L'�fa.' one (1) acre in size shall have a solid/secure surface drivewav (concrete asphalt or other surface) that complies with the driveway standards to the satisfaction of the Dwec or E5 Where driveways are not nerpendicular to the street sufficient back-up room shall be provided to the sat- isfaction of the Director of Community De%,alopmen� F6 Circular driveways are not permitted for lots having less than ten thousand nine hundred eighty (10,980) square feet. Q6 Mobllehomes/Manufactured Homes on Residential Lots. Mobilehomes and manufactured homes as nmvided for in SeetienChapter 17.43:019flA)42 (Residential Use Tvpesl shall meet [he fallowing rwuirements: 1. The mobilchome or manufactured home shall be cGertified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et sea.). 2. The mobilchome or manufactured home shall have been cConstmeted less than ten (10) years prior to the date of the application for the issuance of Permits to install such mobilehomes or manufactured homes. 3. The mobilchome or manufactured home shall be ifastalled on permanent foundations on individual lots. 4. The mobilehome or manufactured home shall be ibstalled in places which are not exempted pursuant to Health and -Sa€etyGovemment Code Section 65852.1(61 as having a special character or special historic Interest. 5. All mobilehomes or manufactured hones shall w)ssess 7essessinproof eaves with overhangs of at least sixteen (16) inches. 6 All mobilehomes or manufactured homes shall possess Possessing —a stoned roof with a minimum incline of 2:12 feet. 7. Nei possessing an the suFfaee of &The exterior walls or siding shall reflect the character of surrounding 1. It shall be occupied only by the owner of such residence and bis -their family. 2 It shall be occupied only while a building Permit for the construction of such residence is in full fore and effect, is prohibitedin all fesi&a,44 zones. S Residential units shall be limited to one electric service meter per residential unit. A second unit or guest house shall not be considered a residential unit for this section. January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 10 0 • 0 U CJ 0 6-.17.57.040 Accessory Buildings and Structures. aA. Such buildings and structures shall not exceed twenty (20) feet in height or exceed the height of the primary residence whichever is less, e_..'...:-- ,,,.._t,,_ _„_ in ___.._lane_ wide _..bseete,._ (A)(6)(g) ..f a,:_ seeiien .a._, .. ...teed One _ and rw.._ (i 5) f et R height in and RM -Lin the UR2. UR3. UR4, and UR5 zones. IsB. Such buildings and structures, including patie-eewes, freestanding shade awnings, sheds, pergolas, garages and other attached, semi -attached and outbuildings shall be consistent and compatible with the primary dwelling unit in terms of architecture, finish materials, and color. C. The use of metal storage containers is Prohibited in residential zones,unless they meet the design standards of this Code. a. Sass buildings and s"etures may be located Nvithin a requifed n" ya&d� pFe, ided, that they ase net et� "_ &'@ rc, fest t8 any !at line. D. Modular Building for Nonresidential Uses. Modular buildings for nonresidential uses in residential zones shall be subject to the following additional requirements: I Must be set back twenty-five (25) feet from property Ines of Properties developed with residential uses - 2. Shall be subiect to the aDmoval of a minor use Permit in accordance with Section 17.24.120 Minor Use Permit 3. Shall be subject to the anoroval of a landscape plan review in accordance with Section 17 2J 160 (Landscape Plan Review) to ensure that the buildings are adequately screened from public views and from adiacent residences, 4 The applicant shall submit plans identifying changes to parking, and lighting to ensure that there are no adverse impacts to adiacent residences d. NOt More [haft fifty (50) PeNeRt 6f the HqUiFeEl HOF 5'RFd shall be ea, emd buildings BF etheF Fe@4W stntea+res: . extend abekv the level of the first fleef, may extend inte a mquimd side and Fear � I. .. . ua That sash s _ shall net b. loested ,.,lost,- than five `feet . (2) That sueh SORdetUHS Shall Femain unenelosed an at least twe (2) sides. This finsvisims, haweye�, shall 4E. Mobile or portable canopies are not permitted in the front yard or side yard setback areas, whether proposed to be located on a driveway or otherwise. 3F. Above -ground utility boxes- telephone boxes, water lines, backflow preventers, cable boxes or similar structures within public view shall be screened to the satisfaction of the Director of Communitv Development 4G All legal residential parcels shall be permitted to have one driveway point unless otherwise specified by the City Engineer. 4H All ground -mounted mechanical equipment shall be completely screened fron surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building Exposed ttd wn oo isvents, louvers and other similar elements shall be painted to match the surface to which they are attached unless they are used as nart of the design theme. 31 All utility connection shall be designed to coordinate with the architectural elements of the buildings and/or site so as not to be exposed except where necessary. Pad -mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment Power lines and overhead cables less than thirty-four (34) KV shall be installed underground soon areas may be permitted subiect to the approval of a minor use permit January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 1 I 2 A residential sport court, requiring an enclosure, wall, structure or fence that surrounds or is an integral part of such court. shall be designed so as to reasonably reduce or eliminate light, noise, and other setbacks. 3. All lighting associated with a residential sport court shall be completely screened. Spillover prevention may reouire substantial shielding of both the fixture and pole. In no event shall light fixtures extend more than 15 feet above the grade of the soon court. Light fixtures shall be of full cut-off design, with the bulb fully enclosed within the fixture. Lights shall be focused downward and shall not wash or spill onto adjacent Properties. Lighting fixtures are prohibited within 15 feet from any rear or side move line. They are also Prohibited within any fmm or reverse -comer yard setbacks. 4 Lighting for exterior sport courts and'or areas shall not be used between the hours of 9:00 p.m. and 8:00 a. in. Sefeens, glass eF p1miglass panels shall be BeasideFed an eaelBsed patio and, FA the El sefetien efthe Difeetef shall meet all UDC FeqUiFemeftts IeF new eenstruetion. Rmpesals may be subjeef to conditions of appraN,al. mifier use Permit. Tile use of metal stafage eaflia HeN is PF8141ted In feSideRtial 98fieS Unless the) Meet the design SuffldaFEIS O� this eade. The telflpOfflf�' Use Of Metal StORIge eORtffiHeFS Shall be pe" 40d UPAR fli M ssuanee of a building pe�it sul,�eek to the D rector of Community peveleriflen! per Section !�.W,990 of 6 dO and FeaF )'HFdS; ppovided, that die) a� laeated na PIOS -F ;b@H V '0 Ord mI@ half (;!.§) feet W Rn)' IN uf1 . height),...... -. ..-A f..-...-... _ s, -eaF p ate iste Weate PFOV 1-.. C('1 <) feet to arry lei line Fail fig net 18 eheeetl three and BHe half (3.5) feelmrn�ht rtay-oc installed, (4) Swimming pools and spas afe pesnit4ed in feqUiFed ReF )'RFdSj PEON Ided, that they aFe 19eaiej net 018SOF than five (5) 17�et 48M a"), pnepef4y line. The setbaelk shall be measuFed 46M the v,,t,f I n� 4, unkm P001 BF Spa ..f f..---. the ..t... ..C.... abO a mO ...1 P08 OF Spa. \ above ground lev@l may he used in any FaquiFed yard (6) IlHik IR bdFb@RU@S, Ara Pita, deta8hed AFeplaees and built 'H -Ht@F'-'n n -SI -00teFS Shall be fiN e (5) feel am,ay 4em pwpeny lines a%d less than ten (10) feet in height. inetading smalao Maeks arA ehifflneys, jK. Guesthouses. A guesthouse is a detached accessory building located on the same property as a legal single- family dwelling umproviding temporary living quarters for the temporary use by occupants of the main residence or temporary guests of the occupants of the primary dwelling mit. Such quarters may have a -bath and toilet facilities but no 4kehe cooking facilities specifically defined as a cook -too, stove, or range. end NOW _ .-.Le-..gse ed assepa�atea-- elr_.- Food Preparation areas intended for entertainment t)umoses, along with other facilities or appliances related to overnight guests, are permitted. January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 12 0 is 0 • This may include- but is not limited to warming ovens sinks wet barsrefrigeration and laundry facilities (21.) Locations. A guesthouse may be permitted only on parcels that meet the following criteria: (AA.) The parcel shall be zoned Ageaeultumi (A) eFany of the followin zones (RE'' Pc (86.) The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit). (G—c.) Only one guesthouse shall be permitted per parcel unless an approved minor use permit is obtained. (32) Development Standards. A guesthouse shall be subject to all the development requirements of the underlying zone s-leeated, with the exception of the following: (Aa'� . ____^ _M shall __ .___.. .. ....:... ......_., _.. _...-.p _-?:.Where guesthouses or similar facilities are attached to the Primary dwelling unit, they shall be considered to be an addition to a residential structure and shall be subiect to the required setbacks and de elooment standards for the underlying zone. (8b.) The guesthouse shall meet the setbacks applicable to accessory structures. (tic.) The guesthouse, or the structure that contains the guesthouse, shall not exceed the height (floor to peak) of the primary dwelling unit and is subject to the height standards listed in subsection (A) of this section. fl)�L) The architecture, construction materials and color of the guesthouse shall be consistent and compatible with that of the primary dwelling unit (43.) Services. All services, including water, electric, and sewer shall be provided from the primary dwelling. Separate, independent services for the guesthouse shall not be allowed. (34.) Other. Guesthouses are for temporary occupancy and may not be rented or otherwise used as a separate dwelling. NL Second Units The purpose of this subsection is to orov'de for the creation of second units pursuant to Section 65852.2_ofshg Gov_errment Code. A second unit is a residential use that is consistent with the agAeultureard-residential zone designations (Administrative Permit) sha5l be subm"itted with the application. 12. Locations. A single second unit may be Permitted only on parcels that meet the following criteria' a. The parcel shall be zoned anv of the following, categories NUI, NU'_ NU3 NU4, NU5 URI UR2, UR3. UR4 URS nc o b. The parcel shall contain a legal single-family dwelling as the Primary use (primary dwelling unit) Access) of this eCode. 23. Development Standards. A second unit shall be subiect to all the development reouirements of the underlving zones-leeated, with the exception of the following: January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 13 0 a Size The gross living area of the second unit shall not exceed fifty (50) percent of that of the primary dwelling unit. pemtitted on any legal parcel that meets the minimum lot size for the zone in which itis hoca[eri. _ _ - comment [GP3]: o•n•nwWn imni•mmtanon c For residential oareels measuring less than 5.000 square feet. the second shall be attached to the single-family residence. For Parcels greater than 5,000 square feet, the second unit may either be attached or unattached. bd Setbacks Second units shall be subject to the same setback standards that are applicable to the orimary dwelling unit. e. Bedroom Requirement. In no case shall a second unit contain more than two (2) bedrooms. et'. Height. The -A detached second unit shall not exceed the height (floor to peak) of the orimary dwelling unit, subiect to the height standards listed in subsection (A) of this section. dg. Parking. The second unit shall be provided one standard parking space (9' x IN')ferevetvtwe-F2) soace may be a tandem space and may be uncovered. Said parking space shall be surfaced and accessed Pursuant to subsection (E) of Section 17.51.060 (Parking Slandards>Seseea-1a-}8,87A of this Code. eh. Architecture. Architecture of the second unit shall be compatible with that of the orimary dwelling unit. fi. Entrance/Exit. Attached second units shall be provided with an independent entry/exit to the exterior of the unit No entrance to the attached second unit shall be located on the same building elevation as the entrance to the orimary dwelling unit The appearance of a "dunlex" shall be • voided. i- Attached Second Units Attached second units shall share a common wall with the single-family dwelling or shall share an integral roof structure having the same framing system and roof covering as the primary dwelling unit The maximum separation between the orimary single-family residence and the attached second unit shall not exceed twenty (20) feet at any given point The tnav he situated over a detached gmge. In cases within the UR2. UR3, UR4 and URS zones where the second unit is connected to a detached garage, the maximum height of the combined structure shall not exceed 20 feet or the maximum height of the primary unit, whichever is less, subiect to the height standards listed in subsection (A) of this section. el. Construction Materials. Construction materials and colors of the second unit shall be compatible with those of the primary dwelling unit H,17.57.050 Distance Between Buildings. I -A. Distance Between Main Buildings. A minimum distance of ten (10) feet shall be required between all main residential buildings. 2B. Distance Between Main and Accessory Buildings. Except where a greater distance is required by this code, a minimum distance of six (6) feet shall be required between any main residential building and an accessory building. K. Projections Permitted Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as and not closer to a January 2013 1 DRAFT Chapter 17.15 - Property Development Standards Page 14 0 0 CJ line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard: al. Eaves and cantilevered roofs; b2. Fireplace structures, buttresses and wing walls; e3. Rain conductors and spouts, water tables, sills, capitals, comites and belt courses; d4. Awnings and canopies; e5. Water heaters, water softeners, gas or electric meters, including service conductors and pipes; f6. Stairways and balconies above the level of the first floor. 4D. Uncovered porches, platforms, landings and decks, including access stairs thereto, which do not extend above the first floor are permitted within the required distance between buildings without distance restriction. 17.57.060 Setbacks. All setbacks shall meet the requirements of the underlying zone and as shown below in Figure 17.57 — 3 (Residential Setbacks), unless soecifrcally allowed in this section January 2013 1 DRAFT Chapter 1 Z 15 — Property Development Standards Page 15 O K: La Q Gusllw. ® Reversed Qxner La" Q 5ecetul Unit ® Cixtxr lax Q Coveud Patio O Fleg La O Ddwhed Garet'. O Vuhi4.0.v esWenee Q Paol -io'.. ±n'apmaie uponr FIGURE 17.57 - 3 Residential Setbacks A. Flag lots shall maintain either a ten (10) foot front side and rear Yard setbacks or shall conform to the setbacks of the underlyng zone. not including the flag Portion of (lie lot, C3 Street setbacka shall be measured from the ultimate street right-of-way or from the maximum reou'red street width if said street or proposed street is to be private. In residential zones where the sidewalk is located January 2013 1 DRAFT Chapter 17.15 - Property Development Standards Page 16 n U 11 0 • adjacent to the curb, the building setback shall be measured from six (6) feet from the back of curb as shown on Figure 1 T57 - 4 Street Srtback Cross Section the-reynired-se[✓3eekj. This allowance does no[ cermit anv encro¢chment within arty portion of sucM1 street by the underlying fee owner. It Y�MSJLcb TWA Rqu of -w" Wi I II I IPwxr I &0.a'JL=Mtiw' I I 1 FIGURE 17.57— Street Setback Cross Section D. Patio Covers that are permanently unenclosed and are attached to the main dwelling unit may Project into the rear yard as long as they are no closer than five (5) feet from the rear Property line �2.j That such slmcNres shell remain unenclosed on at least two !2) sides. This Provision. however shall not Preclude the placement of detachable screens R Other structures shall be permitted in required Yards as follows: Fl.j Fireplace structures (attached to dwellings) buttresses wingwalls, eaves, cantilevered roofs. awnings. canopies water heaterswater softeners and RaS or CleCtriC Meters may be located in required interior side and rear vards� provided, that thev are located no closer than two and one-half (2.5) feet to any lot line. E2.j Ground -mounted air conditioners. swimming pool Dumps, waterfalls (not exceeding six (6) feet in height), healers. filters and fans may be located in required rear vards; Provided. that they are located not closer than two and one-half (2.5) feet to any lot line These items as well as odter similar appurtenances are notpennittcd in the side vard- (3.� Unenclosed stairways and balconies above the level of the finished elevation o(thr first Floor attached to the primary structure may p oiect a maximum of five (5) feet into a re uired rear va & Provided, however, that an open work miling not to exceed three and one-half (3.5) feet in height may be tool or spa or from the structure of an above -ground pool or spa. U.j Structures not exceeding one foot above mound level may be used in any required yard. (6.j Built-in barbegues fire pits detached fireplaces and built-in entertainment centers shall be five (5) feet away from nronerty lines and less than ten (10) feet in height including smoke stacks and chimneys January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 17 7e. Except as described elsewhere in this Code, aceessory Suehbuildines and structures may be located within a required rear yard: provided, that thev are not closer than five (5) feet to any lot line. F17.57.070 Walls and Fences. Setbacks shown are the minimum required. Fence and wall heights_s shown in Figure 17.57 — 5 (Fence and Wall Heights) are the maximum pemtitted. unless modified by an adiustment or variance. January 2013 1 DRAFT Chapter 17.15 — Property Developmi Page 18 0 • 0 0 E 0 3' KEY IAT Li FIGURE 17.57 — 5 Fence and Wall Heights January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 19 r.ln�Mw U,Fllall:mil Winn, inial; nllaai -GFNER L" uplFlulspnniun ot T 2•,? REVZRSE3 CORNER LOT 4 . ........ . cw, sr rr RETAINING WALLS. rw IA. Walls in Interior Side and Rear Yards. A arden wall or fence not more than six (6) feet in height may be maintained along the interior side or rear lot lines; provided, that such wall or fence does not extend into a required front yard or side yard adjacent to a street except as herein provided. Fences or garden walls in excess of six (6) feet in height, but not more than 15 feet in height. may be nermitted in a required rear yard 4—B. In any required yard adjacent to a street or a driveway providing vehicular access to an abutting lot, a wall, or -fence, or view -obscuring vegetation shall not exceed forty-two (42) inches in height, except as herein provided. The height may he increased to forty-eight (48) inches for non -view -obscuring pipe or rail fencing. January 200 1 DRAFT Chapter 17.15 - Property Development Standards Page 20 0 • required Yard and not exceeding the maximum height for an accessory use in the underlying zone shall be subject to the issuance of an adiustment per Section 17.24.100 (Adjustments). 3D. Access. A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access, or way. 4E. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, barbed wire, razor ribbon or other similar temporary material shall not he permitted as a fencing material. Chain link fencing shall not be permitted in a required front vard and shall not he visible from anv public right-pf-wav unless otherwise approved by the Director of Community Development. 3F. Vacant property and property under construction may be fenced with a maximum six (6) foot high, non- view-obscuring fence for a period not to exceed one year. 4G. Retaining walls proposed on land with an average slope of less than ten (10) percent shall be subject to the following provisions, as shown in Figure 17.57 - 6 (Retaining Walls). Retaining walls proposed on land with an average slope of ten (10) percent or greater shall be subject to 5ection 17.51.020 4he-(Hillside Development. at. Where a retaining wall protects a out below the natural grade and is located within a required yard, such retaining wall may be topped by a fence orag rden wall. The fence orare den wall may be the same height that would otherwise be permitted at that location if no retaining wall existed; provided, that the subject property is on the lower side. In all other locations, the maximum height of the retaining wall and fence or screening wall combined shall not exceed the maximum heights established in this eCode or at the discretion of the Director -fGamas ^- -'_-- -. b2. Where a retaining wall contains a fill above the natural grade and is located within a required yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A non-view• bscuring fence up to three and one-half (3.5) feet in height may be erected at the rap of the retaining wall for safety. • I e3. Where a wall or fence is located in a required yard adjacent to a retaining wall containing a fill, such arden wall or fence shall be set back from the retaining wall a distance of one foot for each one foot in height of such wall or fence. The area between the wall or fence and the retaining wall shall be landscaped and continuously maintained. d4. Where a retaining wall is constructed to exceed six (6) feet in height measured from a neighboring parcel, an adjustment anef use pennit-shall be obtained in accordance with Section 17.03:04024.100 Adjustments . January 2013 1 DRAFT Chapter 17.15 - Property Development Standards Page 21 0 ►.11 Q C. .. vm�N 06' r t•rSt M6, ma Op(n raaWyi ray � I Nlu 3,5 ee�.oam cd FIGURE 17.57-6 Retainine Walls 7H. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within three (3) feet of either side of said wall or fence. In order to allow for variation January 2013 1 DRAFT Chapter 17.15 — Properly Development Standards Page 22 0 0 n u • in topography, the height of a required fence or wall may vary an amount not to exceed six (6) inches; provided however, that in no event shall the avemge height of such wall or fence exceed the maximum height permitted for that location. Jiaes, Lot Gonfigurfltiewc�, January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 23 J,17.57.030 Multifamily Residential Development Standards. +A. Setbacks. Required front and street side yards shall be landscaped. All plant material shall be irrigated by automatic sprinklers or drip irrigation systems. Patios, seating areas, parking and circulation spaces can be included in the setback areas to help buffer adjoining parcels from one another. However, parking areas shall not be permitted within the required front setback. B. Multifamily residential buildings and communities shall be designed in a manner to reduce the Potential for shall be designed for through traffic/pedestrian movements and shall be highly visible and well lit. Other 2C=onry s_iz (6) fe__inhe_gh_t_-from-_th_e_ h_ig_h_es_t _fi_ni_sh_e_d_g_ra_d_e,_s_h_all_be_requi_red__n_the- nr he_ra and side property lines. No walls are required on street side yards unless needed for noise attenuation and/or privacy, as determined by the Director of Community Development. 3D. Multiple-Rrentages. Where a lot fronts on more than one street it shall be considered to have multiple frontages and be requited to meet the front yard setback requirement on all street frontages. 4E. Open Space. Open space shall be provided for each residential unit as follows: a[ _. Smdio units—two hundred (200) square feet, 62. One bedroom units—three hundred (300) square feet; J. Two (or more) bedroom units—four hundred (400) square feet; 4M. Single-family detached/townhome units—six hundred fifty (650) square feet. Open space shall be split into required yard space and recreational facilities throughout the common areas of the development as prescribed in this section. A minimum of fifty percent (50%) of the open space shall be dedicated to the required yard for each residential unit. The remaining space may be used to fulfill additional recreational facilities as prescribed in this section, and/or may be applied to the required yard areas to the satisfaction of the Director of Community Development. Land required for setbacks or occupied by buildings, streets, driveways or parking spaces may not be counted in satisfying January 20131 DRAFT Chapter 17.15 - Property Development Standards Page 24 0 E Comment IGP41t General Pun Im0lemen- n • this open space requirement; however, land occupied by any recreational buildings and structures may be counted as required open space. -5F. Storage Space. If a fully enclosed garage is not provided, a minimum of two hundred fifty (250) cubic feet of lockable, enclosed storage per unit shall be provided in the garage or carport area; substitutions may be approved by the Director - Pevelspmem. §G. Recreation Facilities. The following recreation facilities shall be provided at a minimum unless waived by the Director at. Landscaped park -like quiet area; k2. Children's play area; e3. Family picnic area; and 64. Swimming pool with cabana or patio cover. 4N. Recreation vehicle parking areas shall be provided, fully screened from public view, or the development shall prohibit all parking of recreation vehicles. 81. Trash Collection Areas. The following requirements shall be met for all trash collection areas for multifamily residential development: e I . 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. 62. 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, nmiabi6 w minimum._ of cf.. rcmpefg�sss as -shall 1._ _pwi .,.. _f.l_ a__ _.. Y FisquiFesientsi thiny (30) pereem I I h box size or !aFgef, severAy (70) pement she! he fiflem (1s) gallon siee. OFOUght folem"t sties eS M' th IOW ffiffiflteRRHee feqU FOMMai shall be Hfili�ed wheFe possible. Wigation shall be a" autematie systems. Landseapiflg and 4*igatioa pians shall be ppepefe 48J. The conversion of any project to condominium ownership shall meet all requirements of dee- asethis Co to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the fire code, sign ordinance, outdoor storage/sales, or screening standards be waived. A Specific Fleming—Commission waiver shall be required where the ;eae multifamily residential requirement cannot be reasonably met. 4+K.Metai Siding. New multifamily dwellings and required parking structures shall not possess on the surface of the exposed exterior walls siding composed primarily of metal. K. Poi,elopmentmoangE�%(S4.-n'fienntgeoleg'ea!AFea)- the Santa Offits Gellefdl Plan shall isebaile a detailed bieta study. The stud) mm:ial ffiraets whiek die deNelolanessl May haNe upen file SEA . 1 The develop e_t shall bed signet in eeeefdanee with the 4,11ow eFitenie b a. The devel6pssent shall be je, gned be be highl� Poinpatible with the Is b, The dw elopffle"t shall be designed to maintain WateF b8dieS, WMeFOOOMeS ANd 4404 tFibl"RHOS n a natuffil state; and e+ The develapaiem shall be desigiied so that w graigry paths) aw left in A The A...........e.., 514-11 - .. M,.' . .-.1 eF OF _ 1. ai' January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 25 0 January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 26 0 n LJ 0 • 0 January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 27 Chapter 17.53 PROPERTY DEVELOPMENT STANDARDS—COMMERCIAL AND INDUSTRIAL Sections: M68 (FAR 4511 17.53.010 Purpose. 17.53.020 Commercial and Industrial Development Standards. 17.53.030 Accessory Structures. 17.53.040 Setbacks. 17.53.050 Walls and Fences. de'velop �eRk standafds shall apply te 814 iand and buildings pemt tted in (2 aRj 1 zaaesAn� legal lot may b - used as a building site f all development standaFEIS afe fnet (exeluding those miating te let si�e a 8. GW Cf Cil 6B L'SR 8P W 1 4- ROOF ONO M68 (FAR 4511 37444 3351 4-23.4 423-W 4.4 Ws 1 0'.. ;E Se beak AFam r Slit efwa5' 48/3 4" 4" 4" 484 449�3 4" 44" } M 33 33 33 M M 33 33 4 23 14 25 23 23 23 23 23 4• .a.e .1 7. 1 Q� FeSPEOU 6,86baAS w a,. k di, _ 24 rrtvmcmmrF 23 23 23 23 23 23 24 17.4553.0410 Pumose. . It is the purpose of this charter to provide development standards to all properties and structures oermitted within commercial and industrial zones. The following property development standards apply to all commercial January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 28 0 • 0 C� • and industrial property and structures d m e8fflffiffeidl and '-A snial Aene The dimensions shown are the minimum required, unless otherwise stated. A' January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 29 sWpEUumSCwP[ J Wr SErwe&+rRSEsIETWEs L,Z AESIO Mn a LL O 5^ r} _ PECRPCCAL S ACCESS O LU nn V > 00SEreAncc�urAaon cue " 0 J dA SECCe yM161WAY 3 = N <� O O -C O = S Q i� Ur--_ - - _.----- -¢_-._ 7� � r,=.. = 00 = ^L` : .:r•. N COMMERCIAU U INDUSTMLL O m Q STRUCTURE tl/ F S W WsEreAcw `/ C FrO I YAAIY PEA O W Ems! ' Q 2 Q f t: y•cy S WZJSGPm 4PpGM UaUr AErarG aerBACK rR Pp?Of WAY wxY AEIBAC% - n V piYEY/AY UxAIED afa/M f 9 STREET RIGHT -6F -WAY January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 29 they are located, and shall be designed with articulation and stvling on all sides (3600 architecture). Building materials shall be high uuality, durable, and natural -spearing. Snecial consideration shall be given to the design of comershuilding entrances and the elevations that front nuhlic street or other prominent view corridors. 36 Height. Buildings and structures exceeding thirty-five (35) feet in height shall require approval of a be achieved within thirty-five (35) feet. 6C. Electrical vehicle charaing stations inav be required for new commercial/industrial developments at the }C Reciprocal ingress and egress, circulation, and parking arrangements shall be required vhffe passible -find feasible to facilitate the ease of vehicular movement between adioining properties -fid, to limit unnecessary driveways and to create more cohesive communitv-oriented developniCnt. 2H Driveway access for commercial and industrial uses shall be located no closer than one hundred fifty (150) feet (lot size nermlttinO from the beginning of a curve of a street comer. January 2013 (DRAFT Chapter 17.15 - Property Development Standards Page 30 0 Comment (GPsi: Genml Plan Implementation Is 11 0 31_All fie-- idem ti _ SlD.. hall t._ r_ _d f" ____gg and _cr of the r.,._.-.- Driveways shall be shared between adjacent commercial andor industrial properties unless otherwise specified by the of T-FHH9P8FURiOR and Engineering SaMees City Traffic Engineer. wiflrthat trace the potential for a future traffic signal: d4. The length of the longest anticipated delivery vehicle for all warehousing and distribution uses if the longest anticipated delivery vehicle exceeds the minimum stacking distances referenced in this section seven percent (7%). L. Any new commercial devcic nrn[ tract man. and/or cancer man that is located within 500• from the edge oC ________________________________________________ Comment lGP610 General Plan lmplemenwtion Enclosures shall be conveniently located and designed to allow collection vehicles to service the trash'recvcling bins without backing un where feasible The enclosure(s) shall also be designed in a man er to reduce or eliminate the rotenlial for collection vehicles to block required parking spaces as van of regular N Pedestrian Circulation New commercial and industrial de eloo vents shall nrovide walk av connections to Public sidewalks and transit stops where available Where pedestrian paths eros narking areas driveways, or driveways decorative pavingshall1 h used to delineate the oath -of -travel. el All Paving materials'elements shall be approved by the blrecto0 - Comment fGP71: General Plan Implemenlatlon the City. 2 Merchandise except for vehicles shall not project more than four (41 feet beyond the store Cron[ exeept for those outdoef display weas lecated within !he Redevelopment Area 3. Except for vehicles, outside dispfary ofinerchandise shaltbe Aispieved-sutsside only he nennined during business hours. 4. The aggregate display area shall not exceed. fifty. percent (50%) of the linear frontage of the store front or six (6) linear feet, whichever is greater.; RedevelepmenErirea, public health, safety, welfare or causes a public nuisance 6. Required parkin¢ spaces shall not be used for display. P. Shopping Cart Returns. L Can return facilities shall be consistent with the design of the project and building amhitecmreSimilar or the same materials should be used on the returns as on the buildings 2 Cart return areas ad*ace t to the building should be intezmllv designed gs part of the building.. 3. Cart returns shall not block or restrict access to fire lanes or required parking areas January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 31 40 0 30 For any use with more than fifty (50) full time employees. a transportation demand management (TDM) famment COPS]: Genanl Plan ImplamentitlOn permitted which creates changes in temperature or direct Blare No use shall be permitted which creates 6T. Vibration. No use except a temporary construction operation. shall be permitted which generates inherent and recurrent ground vibration perceptible without instruments at the boundary of the lot on which the use is located. 9l1 Uses with primarily outdoor storage of merchandise shall provide landscaping to include trees and shrubs to the satisfaction of the Director ofCammun t5 Deyelaptaeot with the exception of vehicle sales. the circulation element of the General Plan shall be sub eel to a public hearing andpleaxiag Ceommission review and approval. 44W. Unless otherwise stated in `-el 8a 17.13ne�.,o„--wo.^`^`•haoter 17.47 (Temoornry Use Tvpc•s) of this Ceode. the occ pancv of vehicles. including recreational vehicles trailers or vessels,as a residence to moo ary or permanent, is prohibited in all ozones. B-. 17.53.030 rippurtexaxees.4ccessory Structures. • 4A. All ground -mounted mechanical equipment, trash areas, and recycling bins shall be completely screened from surrounding properties by use of a parapet, wall or fence, or shall be enclosed within a building. Exposed gutters, downspouts, vents, louvers and other similar elements shall be painted to match the surface to which they are attached unless they are used as part of the design theme. 2B. Air conditioners, antennas, heating, cooling, ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that they do not disturb the peace, quiet and comfort of adjacent and neighboring occupants,; *FA—Such equipment shall be screened, shielded, and/or sound buffered from surrounding properties and streets. All equipment shall be installed and operated in accordance with all other applicable ordinances. Said equipment, excluding antennas, shall not exceed the maximum height of the underlying •' zone'- •_ti...-..�,�.,:-sl,�'A op-aed. K. All utility connections shall be designed to coordinate with the architectural elements of the building(s) and/or site so as not to be exposed except where necessary. Pad -mounted transformers and/or meter box locations shall be included in the site plan with any appropriate screening treatment. Power lines and overhead cables less than thirty-four (34) KV shall be installed underground. 4D. Above -ground utilities boxes, telephone boxes, water lines, backflow preventers, cable boxes or similar structures within public view shall be screened to the satisfaction of the Director Of `�.,,e..,�••��-�«� m-v_,or,.,:IIMshould beinteg�ted within the ffelikeetum Bf the building. 6. EleetFieal vehiele ehafgiag stations may he required faF new deNreiapments at the efCanamuRily Development-. - January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 32 0 9. Employee bFeak aFess, Mbieh Ma5 nelude faeilkies t;�f shade, seating, eating and tfash disposal, shall b +BE. The use of metal storage containers shall be subject to Section 17.93.08823.190 (Temnorary Use Permits) of this Ceode. 17.53.040 Setbacks. All setbacks shall meet the reouirements of the underlying zone and as shown below in Figure 17.53 - I (Commercial/Industrial Setbacks), unless sneci6cally allowed in this section • January 2013 1 DRAFT Chapter 17.15 - Properly Development Standards Page 33 C� Reridr5 w Zone Commercial or Indutrial Zaw v'.uea Commercial InMlsirial titmctw< o7.y. da xide I� IngAye a¢�k mJ�Sbglnry A[�cn w..m xtll 'o'\6a lMwem Tsea RHu<m RaxkYiY UW . munaavlU�J�Anal 1-nri:la �l.' ornawm r., n. ,..im.mi N 150' fmn: mnm S..%&t W. Commercial/Industrial Setbacks 4A. A minimum five (5) foot wide landscaped setback shall be required where structures are located adjacent to a right-of-wav, except where they are located adjacent to a maior or secondary highway where the minimum setback shall be increased to ten(IO) feet. ld_FleweveFPparkine areas shall not be Permitted withinareas shall not be within the required front setback. setback. 3C. Corner Setbacks. For commercial and industrial uses. no miscellaneous items, Setbacks. For commercial and industrial uses. no miscellaneous items. oroducts�uioment vehicles or signs shall be vennitted on my comer formed by intersecting streets within a Irian alar area January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 34 0 • U E • between the property line adjacent to the public right-of-wav and a diaeonal line ioming points on said rropertv lines twenty-five (25) feet from their point of intersection or, in the case of rounded comersthe areas between the tangent to the curve and a diagonal line adioinine points on such tangents twenty-five (25i feet from the point of intersection. f. A,Rd feg9ible to farilit-1, 'as, ef -hie-laf rsw—memt between adjamrig properties sail t@ liffli 2. Driveway oeeess far esm.;ertial and no"stri o<m shall abe-heated -me e ese-�-�e-h -fired fi i fe e_ feet .df_am the begi_J_Pf..earye a ffa street e Shared between adjoeent properties unless etherviise speeified by the Direetef ef T-FartspBrtatiaa an Engineering geruiees. . All dFive%vE*,s shall have a iRiairasarn 'T f ..._ a. t, (20)et firthe of..^_ off of-...:A,._tialead! eel -eters, �� highways Natifes derifial, 0" site Private gates, eleirtneal OF 9theFY IS2, Siad! he SUbjeei 16 the Fe"Ie"' OFA IMR9F . MA -S. *H10- is qwwtrfTla, earainnem required shall may be d splayed wittan the publie fight of way thy. 3. 113wept thr vehicles, erehandise shall be displayed outside Oemy dufiRg business halts. sm (6) linear �re� vehieulaf alld'of pedestrian eeeess te the building or business, or ereate a elli-sr-lay that is d-triffie"tal to 6. PWquii:ed parlang spaees shall not be used for dispW. _C-) zone subj�t to the --diae-ral guidelines! •• it, ti., iubjeetbusiness .t he at least one hundredfifty (150) feet f-ema ny pub' e) b. Tile aggregate Efisplay re. for th ' w -WOOF display of triefelaindise shall nat efieted a i are January 2013 1 DRAFT Chapter 17.15 - Property Development Standards Page 35 0 €17.53.050 Walls and Fences. },A. Commercial and industrial uses and any parkin- facilities adjacent to or across a street or alley from residentially zoned Property or Property developed with a residential use. shall provide a minimum six (61 foot high masonry wall alone all common lot lines (with the exception of those lot lines with the reauired front setback of the commercial or industrial Property where the wall shall be not less than thirty (30) inches nor greater than forty-two (42) inched."�.,..r,;.-ae;.as•-is All walls shall be consistent with the site's architecture and in instances where visible from the publtc ri ht of way shall be constructed with decorativ materials. 46. Access. A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access, or way. 2C. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, chain link, black or green fabric, barbed wire, razor ribbon, or other similar temporary material shall not be permitted as a fencing material. In the case of temporary construction fencing for properties with an active building permit in good standing, black, green or other colored fabric may be installed to the satisfaction of the Director From _ _ _ _ _ 3D. Vacant property and property under construction may be fenced with a maximum six (6) foot high, non - F. view -obscuring fence. Development in a CCA / _ ♦ C.... egieal AF the Santa OaFka GeReMl NOR Shall Re'Ude a detailed biOul SK&d)'. :Pie SRIEI�' Shall ideR66 an) and all potential impaets %h eh the A HpmentmayLave Cn 2. Thpiil'4eiPpNhi'ri-Sh31i be designed a f 1�Rg criteFfi. • January 2013 1 DRAFT Chapter 17.15 - Property Development Standards Page 36 • E 0 11 January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 37 January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 38 L 0 0 0 January 2013 1 DRAFT Chapter 17.15 — Property Development Standards Page 39 0 is 0 Chapter 17.4638 SPECIAL ZONESAND OVERLAY ZONES Sections: 1746,81038.020 MHP—Mobilehome Park Overlav Zone. 17464p22�1000p38.060 r- PD—Planned Development Overlay Zone. ,-0 16 SO 17.16-04038.030 Speeifle Plan Zane, MOCA—MineraV00 Conservation Area Overlay Zone. 174684538.100 VS—Vehicle Services Overlay Zone. 1744."28.090 VDS—Vehicle Dealer Sales Overlay Zone. 17,16-050 BB 17.6:85538.070 Bi11b6RFdOveF!ftyZ8He. RP—Ridgeline Preservation Overlay Zone. 17AC060 09 174686538.050 Open Spnee Zone. MU—Mixed Use Overlay Zone. _ _ oa,-..�- v..__ 17,16 ,070 PF; —t upat.on Zonation 17.38.010 HS—Homeless Shelter Overlay Zone. 17.38.040 MR—Movie Ranch Overlay Zone. 17.38.080 SEA—Significant Ecological Area Overlav Zone. 17-16,080 ow__� :._ r.._...._ Spee;.,) Sland__as n:_._ _. 17 rc nnn Sana G__..__ c...._;., Standards n �� . 17.16110 Happe`'"^"^ Spe_:..l 5.....a.._w.S WS(FieE 174601038.020 MHP—Mobilehome Park Overlay Zone. A. Purpose. The mobilehome park (MHP) overlay zone is intended to encourage the creation of new mobilehome parks and the preservation of existing mobilehome parks consistent with the City's goal of accommodating alternative and affordable housing types at a standard consistent with the preservation of the public health, safety and welfare. All mobilehome parks located in an MHP overlay zone shall be developed in accordance with the provisions of this section. Although the General Plan does not designate mobilehome parks as a separate land use designation, the mobilekeme-taF64MHP4 overlay zone is consistent with the ^gfi '�kwm,-:e-„eat.al urban residential, non -urban, and commercial land use designations of the General Plan. B. Permitted Uses. Permitted uses shall be in accordance with Chapter 17.r—°the underlying zone for the Parcel, as determined by this eCode. C. Property Development Standards. In addition to the following, mobilehome parks shall comply with all State requirements for the development of mobilehome parks. I. Lot Area. Each lot shall have a minimum of three (3) acnes of buildable area. 2. Mobilehome Space and Area. a. Mobilehome Space. Each mobilehome space shall have a minimum area of one thousand five hundred (1,500) square feet. b. Mobilehome Space Dimensions. Each mobilehome space shall be not less than thirty (30) feet in width. There is no required depth. 3. Population Density. The following population density standards shall apply to all mobilehome spaces in this overlay zone: a. There shall be a minimum of three thousand (3,000) square feet of !et -area for each mobilehome space in a mobilehome park. January 2013 1 DRAFT Chapter 17.16 - Special Zones and Standards Page 1 b. Such lot area shall include access, mobilehome parking, automobile parking, outbuilding space, recreational areas and other similar uses. 4. Building Height. No building or structure erected in this ovcrlav zone shall have a height greater than two (2) stories or twenty-five (25) feet. 5. Yards. a. Front Yards. Each MMP-zeae-let-space which abuts a dedieeted- no 'vate street or drive shall have a front yard of not less than aveuty-R4fiive5 feet. b. Corner Side Yards. Each ""*'n., --met-- soace shall have comer side yards of not less than: (4)_. Trtanty{ len 10 feet on a revetsM comer lot; or Q)i_. Five (5) feet on other comer lots. c. Interior Side Yards. Each ""'m --'et soace shall have an interior side yard of not less than five (5) feet or ten (10) feet between units. d. Rear Yards. Each ""'m.+*+.T_�� space shall have a rear yard of not less than fifteen (15) five 5 feet. 6. Access and Circulation. a. Driveway Width and Layout Driveways within mobilchome parks shall be designed to conform to the minimum widths specified is T".e- 6 this Code or as determined by the City Engineer and the Fire Department. b. Access. (4)_. No site within the mobilehome park shall have direct vehicular access to a public street. 4jii. At Yeast two (2) access points to a public street or highway shall be provided to —the site when serving more than 150 units or the site is located in a Very High Severity Fire Zone, as determined by the Fire Department. 7. Parking. Parking shall be provided in accordance with Chapter 17.4842 (9) (Mobile Home Park). 8. Screening. Mobilehome parks fronting on a public street shall be screened to a height of not less than five (5) feet and not more than eight (8) feet with either a decorative wall-er, fence, an opaque hedgeawWf, trees, or landscaped berm. Such screening may be reduced to less than five (5) feet adjacent to driveways as necessary for visibility. The location of the walls are subiect to the underlying zoning requirements. 9. Signs. a. Mobilehome parks may display the following signs: (4-)i. One wall -mounted sign not to exceed twenty (20) square feet in area, or one freestanding sign not to exceed twenty (20) square feet in sign area or £erty{ Bfty- four 54 square feet in total area may be located at each entrance; and Q)it. One freestanding sign, not to exceed si 4&)-thim-two (321 square feet in sign area and not to exceed six (6) feet in height, may be used for advertising property for sale, lease or indicating vacancy status _and may be located at each entrance; and (d)iii. A directional or informational sign indicating the location of each residence by number shall be located at each principal entrance and other appropriate locations. The size, location and number of such signs shall be to the satisfaction of the Director. b. No source of illumination for such signs shall be visible from adjoining streets or residential property, and no such signs shall be erected within five (5) feet of any exterior property line. 10. Local Park Space Obligations. Local park space, which may be private, shall be provided to serve the mobilehome park, or a fee shall be paid in lieu thereof, as required fe�by January 2013 1 DRAFT Chapter 17.16 - Special Zones and Standards Page 2 0 • 0 0 this eCode. This obligation shall be in addition to any requirement to participate in the funding of parks and/or park improvements pursuant to any other provision of this eCode. 11. Design Requirements. The following design requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of development review. a. Driveways shall be laid out in a manner to provide safe and convenient access to residences, b. Principle vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes, traffic signals and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. In general, driveways shall be designed in such a way as to discourage substantial amounts of through traffic. c. Walkways and Bikeways. If bikeways and pedestrian ways are provided in mobilehome parks: ({41 Walkways to be used by substantial numbers of children as routes to school, bus stops or other destinations shall be so located and safeguarded as to minimize contacts with automotive traffic. (2ji_. If substantial bicycle traffic is anticipated and an internal walkway system is provided away from driveways, bicycle paths shall be incorporated in the walkway system. Driveway crossings shall be held to a minimum, shall be located and designed to provide safety, and shall be appropriately marked and otherwise safeguarded. (4)iv. Walkways and bikeways may be combined with other easements and used by • emergency or maintenance vehicles, but shall not be used by other automotive traffic. 12. Prohibitions. a. A recreational vehicle shall not be occupied in a mobilehome park. b. A mobilehome shall not support a building. c. A mobilehome park shall have no conventionally constructed or stud -framed residences other than one dwelling unit for the use of a caretaker or a manager responsible for maintaining or managing the property (04 ^ 1 s _I,"^I;GA. ^s I., 17.46.03038_060 PD—Planned Development Overlay Zone. A. Purpose. The Planned dDevelopment (PD) overlay zone regulations are intended 2. To mA ,_ :. e aeonemisal and effietent a. _o.h .a 'a'..., a,___„_'„ ., p. ..... c -P v.-,o.nEv-nu.,.,v.,.vvs-.n,4cCj spa6es. .1....:_:.._ W _........,. D D.,_m'ttpd rl...... January 2013 1 DRAFT Chapter 17.16 – Special Zones and Standards Page 3 0 January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 4 0 0 Commission may require that Open spaee easements file City. 9eF th2 required open spaee-be��!a Wefi ff . el:... ff .... •.e.le..r•:.... WO)',ee t PIOA0. r.ve" ed ! f PON'.. use of tem use in ....mm.._ Sete..... S1184 ge..e.... be ......,. Md CMS. A.. ,. ..F that AeFe rl.eFe ..Fe He sidewalks q�thfl�k 9h-11 I'- ffl--'Iffed ffOR4 the MOaFeSt epee ....F.'.... l6f of ..fl. L ...... ......r...! •A.... armed the ....efeSt ed -e ..0 .. .. 1' C '.. ..en' net en .'rA a poblie of edge of the sweet Fight efwa� 811..F .. A'.....A eF.e des ... .._• C ...1. J .. + ... 'Jed pFiNate ..• eef the OF ffkafe FOR fflpmN�..A to !"r. ee'{:e..r'ens fee the 13afliedlaF desiFes r ithm the Je.... Al. OffeFeA FeFAeA'..e•',. and maintained 4 Planned des . e ferments shall F.. ere hamie..'.. BIRSSifieStiOR Of ..wee• When epme..• asFWN@pfiketesweets, soeh ese Cerr.e'f'.. intended � s to !be i0pe-graph of the elepa ..L.. 1 L.. `L..mee wHe 5:f_ shall Mali oak rF.•e.. signs C. • [lem and ..f fauna and designed te Use and retain th& fi-Ho FINS slid AffiFflitiPS ..'...' ff C....r Fes and .... These tO the gFeatest extew passilW. O elines a as shallbe • January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 5 0 January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 6 0 �J 0 0 • r L J .I. -,..AWN'' f,V..'WH ..,.. A,..,•Iflff...L.. LP... .. d.... H'..ge C.Fpre...._a tieflC and ee ..t en fa.' .... '.'shallbe melee.. L a l _ee wall .._Ai.._ .._.1...... ... a .. !a, the fellem ing_ i psapased land uses to be developed %rithin the zone. 2. Pei elaliment eeneepts to he emplayed. Com' — 17.16:04 38.030 MOCA—Mineral/Oil Conservation Area Overlay Zone. A. Purpose. The mineral/oil conservation area (MOCA) overlay zone designates areas which have a significant mineral aggregate resource and/or oil fields. The purpose is to permit the continuation of the mineral/oil usage while providing development of the area when certain environmental factors have been adequately mitigated. B. Permitted Uses. All uses shall be subject to the requirements of the bas underlvine zone, with the exception of mineral extraction and oil production which shall be subject to the requirements of this section. 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 pinchibited where the symbol "X" appears. Extraction and Oil Production MOCA 1. Drilling for and/or production, handling, storage, extraction and removal of oil, gas and other hydrocarbons, including but not limited to compressors and other structures and buildings for oil field workers in connection with the operation C ? Drilling for and/or Production, ha ndline. storage, extraction and removal of oil, gas P and other hydrocarbons, including but not limited to compressors and other structures and buildings for oil field workers in connection with the operation on January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 7 C. Property Development Standards. The following regulations shall apply to the site of a mineral/oil conservation area in addition to the regulations of the underlying zone. Additional regulations may be specified as conditions of approval through the conditional use permit, minor use permit and development review process. 1. General Requirements. The general requirements of the underlying zone shall apply to any development within the mineral/oil conservation area overlay zone. 2. Special Requirements. The following special requirements shall apply to development in the mineral/oil conservation area overlay zone. Additional requirements may be specified as conditions of approval of a conditional use permit, minor use permit and/or development review. a. A reclamation plan shall be required for all applications for minend/oil extraction. The plan shall indicate the expected time frame for reclamation and the various phases. Annual progress reports shall be submitted to the Director b. Screening and landscaping shall be required of all oil operations. Oil pumping facilities shall be contained within an-epeque-a solid eight (8) foot fence or wall with a securely locked gate to the satisfaction of the Director . c. Track and service vehicles used in the operation of the facility shall be permitted only on approved mutes and shall only be operated within approved hours of operation. d. Outdoor storage of materials shall be in accordance with outdoor storage requirements in commercial and industrial zones. e. Oil well installation and use, including the installation and use of equipment, structures and facilities necessary for all drilling and producing operations customarily required or incidental to usual oil field practice, the initial separation of oil, gas and water, and for the storage, handling, recycling and transportation of oil, gas and water to and from the promises shall conform to the following conditions. The Approving Authority Cema4issien may waive or modify any one or more of these conditions if it finds that the waiver or modification will not result in material detriment to the public welfare or to the property of other persons located in the vicinity thereof. (44i. New wells shall not be located within three hundred (300) feet of any existing residence, except the residence of the owner of the land on which the well is located, and except a residence located on land which, at the time of the drilling of the well, is under lease to the person drilling the well. New residential development shall not be located within fifty (50) feet of an existing well, in accordance with the fire code. (2ji_. If the drilling is within five hundred (500) feet of one or more residences and except a residence located on land which, at the time of the drilling of the well, is under lease to the person drilling the well, that: (A) All derricks used in connection with the drilling of the well shall be enclosed with fire-resistant and soundproofing material unless the occupants of all residences January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 8 0 • 0 Properties owned by a public utilitv and more than 5300 feet from a public right-of- way. 33. Mining for and/or production handling, processing and removal of rock, aggregate, precious metals, sand and other similar material, including but not limited to structures and buildings in connection with the operation C 34. Refineries, absorption plants or gasoline extraction plants X C. Property Development Standards. The following regulations shall apply to the site of a mineral/oil conservation area in addition to the regulations of the underlying zone. Additional regulations may be specified as conditions of approval through the conditional use permit, minor use permit and development review process. 1. General Requirements. The general requirements of the underlying zone shall apply to any development within the mineral/oil conservation area overlay zone. 2. Special Requirements. The following special requirements shall apply to development in the mineral/oil conservation area overlay zone. Additional requirements may be specified as conditions of approval of a conditional use permit, minor use permit and/or development review. a. A reclamation plan shall be required for all applications for minend/oil extraction. The plan shall indicate the expected time frame for reclamation and the various phases. Annual progress reports shall be submitted to the Director b. Screening and landscaping shall be required of all oil operations. Oil pumping facilities shall be contained within an-epeque-a solid eight (8) foot fence or wall with a securely locked gate to the satisfaction of the Director . c. Track and service vehicles used in the operation of the facility shall be permitted only on approved mutes and shall only be operated within approved hours of operation. d. Outdoor storage of materials shall be in accordance with outdoor storage requirements in commercial and industrial zones. e. Oil well installation and use, including the installation and use of equipment, structures and facilities necessary for all drilling and producing operations customarily required or incidental to usual oil field practice, the initial separation of oil, gas and water, and for the storage, handling, recycling and transportation of oil, gas and water to and from the promises shall conform to the following conditions. The Approving Authority Cema4issien may waive or modify any one or more of these conditions if it finds that the waiver or modification will not result in material detriment to the public welfare or to the property of other persons located in the vicinity thereof. (44i. New wells shall not be located within three hundred (300) feet of any existing residence, except the residence of the owner of the land on which the well is located, and except a residence located on land which, at the time of the drilling of the well, is under lease to the person drilling the well. New residential development shall not be located within fifty (50) feet of an existing well, in accordance with the fire code. (2ji_. If the drilling is within five hundred (500) feet of one or more residences and except a residence located on land which, at the time of the drilling of the well, is under lease to the person drilling the well, that: (A) All derricks used in connection with the drilling of the well shall be enclosed with fire-resistant and soundproofing material unless the occupants of all residences January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 8 0 • 0 E within one thousand three hundred twenty (1,320) feet (one gmanef-mikforth mile) of the drilling site, other than of a residence described in subsection (Cx2xe)(2 i) of this section, file a written waiver with the Commission; (B) All drilling and pumping equipment shall be operated by muffled internal- combustion engines or by electric motors; (C) Materials, equipment, tools or pipe used for either drilling or producing operations at the well hole shall be delivered to or removed from the drilling site only between the hours of eight a.m. and six p.m. of any day, except in the case of emergency. £ The derrick used pursuant to this section to drill any well hole or to repair, clean out deepen or re drill any completed or drilling well, shall be removed within ninety (90) calendar days after completion or abandonment of any well. g. Within ninety (90) calendar days after abandonment of any well, earthen sumps used in drilling or production, or both, shall be filled, and the drilling site restored as nearly as practicable to its original condition. h. Any unattended earthen sump located within one thousand three hundred twenty (1,320) feet (one-fourth mile) of the nearest highway, or within two thousand six hundred forty (2,640) feet (one-half mile) of twenty (20) or more residences shall be enclosed with a wall i i. When private roads to wells are constructed, that portion of such mads lying within two hundred (200) feet of an ailedeeed-a public highway, or of an existing residence, j. • shall be- oiled -ofsnriaeed contain a surface that controls dust. A well hole, derrick or tank shall not be placed within tweaty420)-fifty f 501 feet of any public highway. k. Except as provided in this code, a faithful performance bond in mount determined by the Director, but not less than two thousand dollars ($2,000), shall be filed with the City€ Santa Clarity for each well for the first five (5) wells. Where more than five (5) wells are drilled, ten thousand dollars ($10,000) in bonds shall be the minimum total required of all oil operators. Either such bond shall include as obligees all persons who may be damaged or annoyed by such use, or a policy of insurance shall be filed with the City having a maximum amount of recovery not less than the amounts required of a bond, directly insuring all persons who may be damaged or annoyed by such use. Faithful performance bonds for mining operations shall be determined by the Aooroving Authority as part of the conditional use Permit approval I. All drilling and producing operations shall conform to all applicable grading, oak tree, fire and safety regulations. m. Not more than two (2) production tanks, neither to exceed one thousand (1,000) barrels capacity, shall remain on the premises following completion of production tests at each well; provided, however, that this condition shall not restrict the maintenance of additional tanks for storage and shipping as part of the conditional use permit approval. n. Technological improvements in drilling_ mining, and production methods shall be adopted as they become, from time to time, available if capable of reducing factors of nuisance and annoyance. o. All drilling. mining. and production operations shall be conducted in such a manner as not to constitute a public nuisance. January 2013 1 DRAFT Chapter 17.16 - Special Zones and Standards Page 9 0 0 p. Signs shall not be constructed, erected, maintained or placed on the premises, or any part thereof, except those required by law or ordinance to be displayed in connection with the drilling or maintenance of the well. q. Suitable and adequate sanitary toilet and washing facilities shall be installed and maintained to a clean and sanitary condition at all times. n For aggregate mining and processing activities, a minimum one -mile distance and/or additional buffering shall be maintained from residential uses or other sensitive receptors to mitigate for noise and airborne Cmisslon9. _ COmment[GPII: General Pian Implementation S. After completion of mining activities all lands shall be remediated and restored to a condition that supports beneficial uses, which may include but are not limited to recreational open space habitat enhancement, groundwater recharge, or urban evelo men __ Comment [GP37: General Plan lmptementanon t. Mitigation of impacts from mining and processing of materials on adjacent uses or on the 2011 i includin- but not limited to air and water pollution,traffic and circulation noise and land use' c m atibili _ comment[GP3]: General Planlmplememenon u. Mineral extraction sites shall be maintained in a safe and secure manner after cessation of extraction activities, which may include the regulated decommissioning of wells. clean-uo b)' this e8de, the 0 1 Well 8peffiklf May deffsi! o, th the C t� OME and assign to the 045 savings an less eenifiemes 8F shares eqUHi a arneont te the requited amount of !he bond. The deposit an 11. llll aarell_ a....,.veee AgFe_meni If an oil operator A......s is and assignssa%and loan ..r;ifi'Rt.q And shares 'A lieu B�filing !he bond FOEtHiFed b5 this eede, and does Rot file with the C45 the pei ey ofinswanse desenbed a this code the operator also shall file a v Finen agreement with the 17.-16.04535.100 VS—Vehicle Services Overlay Zone. A. Purpose. In an effort to reduce the proliferation of auto -related uses along commercial corridors, the vehicle services (VS) overlay zone designates certain areas within the City whereby the placement and concentration of vehicle services is encouraged. The purpose is to establish standards for the clustering of these uses in areas of the City once all environmental factors have been properly mitigated. B. Permitted Uses. All uses shall be subiect to the requirements of the underlving zone with the exception of vehicles services uses. The following vehicle service uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears; uses are inhibited where the symbol "X" appears. 1. 1 Vehicle Sales and Services a. Automobile and Light Truck Sales and Services (l) Body Repair and Painting M (2) Commercial Storage M January 2013 1 DRAFT Chapter 17.16 – Special Zones and Standards Page 10 Comment [GP4]: General Plan Implementation • C� 0 C. Property Development Standards. The following requirements shall apply to the vehicle service uses described above 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 -F3:A3.05017.24._I_0.0 (Adjustment) and Section 17.25.120 ( Variance). 1. General Requirements. The general requirements of the underlying zones shall apply to any • development within the vehicle services overlay zone. a. All street setbacks shall be landscaped and maintained in accordance with the underlying zone. b. All signage, including banners, shall be in conformance with -Chapter, -I, 1 Section 17.51.080 (Sign Regulations (Private Property)). c. All uses shall comply with the Municpal Code as it relates to noise. d. All modifications to the structure and uses proposed within shall comply with all applicable building, stormwater and fire codes and City ordinances and requirements. e. There shall be no outdoor display or storage of vehicle pan% and -supplies, or goods for sale. 2. Special Requirements. The following special requirements shall apply to development in the overlay zone. a. All operations must be conducted within an enclosed building. b. All repair activities as described in this section shall be confined to the hours of seven a.m. to ten p.m., Monday through Friday, and eight a.m. to seven p.m, on Saturday and Sunday. c. All parking for employees and customers, in addition to all required circulation, shall be provided on-site and available during all business hours. d. The dismantling of vehicles for purposes other than repair is prohibited. e. No damaged or wrecked vehicles shall be stored for purposes other than repair, unless the approval of a vehicle impound facility is obtained. Any vehicle awaiting repair for more than thirty (30) days shall be removed from the location or stored in an enclosed building. f. All fencing shall be solid masonry of decorative nature to the satisfaction of the Director�f with no metal panels, chain link, barbed wire or razor fencing permitted. g. All body repair and painting facilities shall meet the following criteria: January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 11 0 (3) Gas Sales P (4) Repair and/or Maintenance P (5) (A) Sales X (B) Rentals P b. Boat and Camper/R.V. Sales and Services (1) Commercial Storage M (2) Repair P (3) Sales and Rental P c. Motorcycle Sales and Services P C. Property Development Standards. The following requirements shall apply to the vehicle service uses described above 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 -F3:A3.05017.24._I_0.0 (Adjustment) and Section 17.25.120 ( Variance). 1. General Requirements. The general requirements of the underlying zones shall apply to any • development within the vehicle services overlay zone. a. All street setbacks shall be landscaped and maintained in accordance with the underlying zone. b. All signage, including banners, shall be in conformance with -Chapter, -I, 1 Section 17.51.080 (Sign Regulations (Private Property)). c. All uses shall comply with the Municpal Code as it relates to noise. d. All modifications to the structure and uses proposed within shall comply with all applicable building, stormwater and fire codes and City ordinances and requirements. e. There shall be no outdoor display or storage of vehicle pan% and -supplies, or goods for sale. 2. Special Requirements. The following special requirements shall apply to development in the overlay zone. a. All operations must be conducted within an enclosed building. b. All repair activities as described in this section shall be confined to the hours of seven a.m. to ten p.m., Monday through Friday, and eight a.m. to seven p.m, on Saturday and Sunday. c. All parking for employees and customers, in addition to all required circulation, shall be provided on-site and available during all business hours. d. The dismantling of vehicles for purposes other than repair is prohibited. e. No damaged or wrecked vehicles shall be stored for purposes other than repair, unless the approval of a vehicle impound facility is obtained. Any vehicle awaiting repair for more than thirty (30) days shall be removed from the location or stored in an enclosed building. f. All fencing shall be solid masonry of decorative nature to the satisfaction of the Director�f with no metal panels, chain link, barbed wire or razor fencing permitted. g. All body repair and painting facilities shall meet the following criteria: January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 11 0 (1) All paint spray booths shall be within an enclosed building. (2) All damaged or wrecked vehicles awaiting body repair shall be within an area enclosed by a minimum seven (7) foot high solid masonry wall as to not be visible from residential uses or the public right-of-way, (04 05 19 `' 12M "^e; ^-1 a ' «�'°41i 17.1-6.&1638.090 VDS—Vehicle Dealer Sales Overlay Zone. A. Purpose. In an effort to reduce the proliferation of auto -related uses throughout the City and to concentrate them in a central, regional serving location, the vehicle dealer sales (VDS) overlay zone designates certain areas within the City whereby the placement and concentration of vehicle dealer sales is allowed. The purpose is to establish standards for the clustering of these uses in areas of the City once all environmental factors have been property mitigated. B. Permitted Uses. All uses shall be subject to the requirements of the underlying zone with the exception of vehicles dealer sales and services uses. The following vehicle service uses shall be permitted where the symbol "P" appears; a minor use permit is required where the symbol "M" appears. 1. Vehicle Sales and Services a. Automobile and Light Truck Sales and Services (l) Body Repair and Painting' M (2) Commercial Storage P (3) Gas Sales P (4) Repair and/or Maintenance* M (5) Rentals P (6) Sales P b. Boat and Camper/R.V. Sales and Services (1) Commercial Storage M (2) Repair P (3) Sales and Rental P " Body repair, painting, and/or vehicle repair and maintenance shall be considered a permitted (P) use when incidental to and/or on the same premises as a dealership selling new vehicles. C. Property Development Standards. The following requirements shall apply to the uses described above 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 properly development standards will require the approval of an adjustment or a variance as described in Section -14,43-.0-5017.24-100 (Adiustment) and Section 17.25.120 ( Variance). 1. General Requirements. The general requirements of the underlying zones shall apply to any development within the vehiplea__' __l__ VDS overlay zone. January 2013 1 DRAFT Chapter 17.16 - Special Zones and Standards Page 12 0 • 0 0 a. All street setbacks shall be landscaped and maintained in accordance with the underlying zone. b. All signage, including banners, shall be in conformance with-9hapte--444-9 Section 17.51.080 (Sign Regulations (Private Prooertv)). c. All uses shall comply with the Municipal Code as it relates to noise. d. All modifications to the structure and uses proposed within shall comply with all applicable building, stormwater and fire codes and City ordinances and requirements. e. There shall be no outdoor display or storage of vehicle parts and supplies goods for sale. Special Requirements. The following special requirements shall apply to development in the '11-10 deal-- --'--VDS overlay zone. a. All operations must be conducted within an enclosed building. b. The dismantling of vehicles for purposes other than repair is prohibited. c. No damaged or wrecked vehicles shall be stored for purposes other than repair, unless the approval of a vehicle impound facility is obtained. d. All fencing shall be solid masonry of decorative nature to the satisfaction of the Directorof Community Develepasew with no metal panels, chain link, barbed wire or razor fencing permitted. e. All body repair and painting facilities shall meet the following criteria: (moi. All paint spray booths shall be within an enclosed building, (2)ii. All damaged or wrecked vehicles awaiting body repair shall be within an area enclosed by a minimum seven (7) foot high solid masonry wall as to not be visible from residential uses or the public right-of-way. (04 11 A . 2 (C_L ^' 2'8" • 17.+6:05538.070 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 . dg____e presen,ati@0(RP) 8 --Flay____ applies :e�Significant rideelines Chapter 17.16 - Special Zones and Standards 13 0 on the adopted ridgeline map COmment [GPS]: General Plan Implementetbn C. F13 E on file in the Planning Division. Any development including but not limited to grading permits, building permits and land use entitlements, utilizing site specific topographic mapping to precisely locate the position vertical and horizontal position of the ridgeline in relation to the proposed development. The precise ridgelines are defined as the line farmed by the meeting of the tops of cloning surfaces of land. The RP overlay zone shall be established to protect the visual integrity of the area within 100 feet vertical and 100 feet horizontal distance from the%id ede lied. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ comment [w6]: General Pias impieme�r.na� 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. 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 01 gig 17.24. 10 (Adjustment) and Section 17.25. 110 (Variance) of this code. 1. No engineered slopes, structures, streets, utilities or other manmade features shall be permitted wAin the appeF fwe .h:Fd- (Xg) of _ _d__I:__ as ___-..__. fie_:._ c___ RP overlay zone, unless a ridgeline alteration permit is obtained. This requirement does not apply to Master Planned Highways as indicated on the adopted Gk -O�.y °--�-�.,.^'-=•- Geneml Plan and non_ motorized trails open to the public. • 2. In order to further the overall community -wide benefit of a project, the City Council may require additional criteria be added when approving a ridgeline alteration permit. Conditions may include, but are not limited to, provisions for or limitations to the following: a. Special location of structures on the project site; b. Open spaces; c. Buffers; d. Fences; e. Walls; f. Height of buildings, walls or other structures; g. Installation and maintenance of landscaping; h. Street dedications, medians, and improvements; i. Installation of basements as living space; j. Installation of earthen berms; k. Control of potential nuisances; 1. The prescription standards for perpetual maintenance of building and grounds; m. Limiting the life of the permit; n. Use and accessory use restrictions; and o. Such other conditions as the Qt'j-Council may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare and to preserve natural landmarks and prominent natural features of ridgelines. rn_+ 05 Inco 12A x 105. nd 08 ra co en610e, January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 14 11 9 F7-16-060 08 Open Spaee Zone A. The open spaee (OS) zone is established te implement the mss; 1. TO Y:a: idtPro.«.,o„ IN areas Offire, geelegie, seism,e aF Heed h,._afds felle% Rg General Plan HI gS..rz..o.rof health And safety. Oth: r la-tAH lef of nda rds alio be �lateF,d••:_....e _m.�t ... .- ......, ii,a,..,,o i, o o.o.., . ., :6pf,g�ap.ir ammcr'm=n Use ef Site mid afi� . .. G....,. F.. ..a .� .L,. ., i, areas, , • January 2013 1 DRAFT Chapter 17.16 - Special Zones and Standards Page 15 r - -I L J PPeFfeFrnmpe Stnndar:ds. Development �ifhin the epeR SPREe Z8 He 81101i fidlIeFe W the fella Mime' PFBtPP' the FIRtUFRI FiffliHage Of the area. An-_.-_. ..._.__.._. _ a__ :_a:____:__._ __,1916_ .._A __n...:.._ FilWiR11 (WMEF -elated) aFRAN 11..A .1...'-..........'.....A ...00dI ...A ... afrees, 17.464"38.050 MU—Mixed Use Overlay Zone. A. Purpose. These regulations encourage a mix of residential, commercial, employment and institutional opportunities within identified centers of activity along identified transportation corridors. The mixed use (MU) overlay zone provides a mechanism to revitalize older commercial corridors and specific individual properties, increase opportunities for infill housing while transforming and aesthetically improving transportation corridors into boulevards with mixed use projects, encourage new housing and innovative retail that is less automobile dependent, and help to create pedestrian -oriented neighborhoods where local residents have services, shops, jobs and access to transit within walking distance of their homes. B. Application. The mixed use (MU) overlay zone applies to areas identified on the Mixed Use Overlay 6hibi L-3) in the General Plan and the approved zonin ma "- e.fiders C t -widam o e c__ r-M.._J.. RAsd !-1191 e...... o.. . 14 FFp-. o o'.... c._eeti and A n..r'.._s of 1 ens A..-_ ... rim 1\ ... 1... A .�.. a to interstate < (as des 'e ted en C..L'L'. "A" is A minor use permit is required for the development of a mixed use project in the mixed use overlay zone. At the discretion of the Director , a project may be referred to the Planning Commission for review and approval. The application, fees, public hearing and approval process for the minor use permit will apply as described in Section+7.03.04017.24.120 (Minor Use Permit). C. Definition. Mixed use is characterized by development consisting of one or more lots developed as a cohesive project and designed with a blend of various compatible uses such as residential, office, retail, entertainment, and dining or community facilities. There are two types of mixed use, one being "neighborhood serving" and the other "destination-miented." t. Neighborhood Serving. The "neighborhood serving" residential provides opportunities for the coordinated development of "urban villages" that offer a diverse range of complimentary land uses in close proximity to one another. These mixed use projects are characterized by either vertical or horizontal integration of uses, with an emphasis on tying together the uses with pedestrian linkages catering to surrounding neighborhoods. January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 16 Comment [GP7]: General Plan Implementati 0 0 • 0 2. Destination -Oriented. The "destination -oriented" mixed use provides areas for intense, mixed use urban environments that offer opportunities for people to live, work, shop, dine and recreate with minimal dependence on the automobile. These mixed use projects are more regional in focus with tourism and entertainment opportunities, characterized by vertical integration of compatible residential and commercial uses, whereby such uses share the same building or lot. D. Incentives for Mixed Use Development One or more of these incentives listed below may be applied to the mixed use project. 1. Accelerated plan check review; 2. Increased residential and commercial density opportunities; 3. Reduced parking requirements; 4. Increased building heights; 5. Reduction in setbacks along public streets. F- P�Fffl'tod Uss- Al' uses and aeeesseF� uses of the underl� iHg �ene listed in GhapteF 17. 1 � shall be rte,.... _ Residmti-1 i -s-- nPludin., for �ent and feF sale 5ingle family homes. condominiums, LN elweHE. 3 C _e1..t.-d ...e lvpmcnc 1. I_ 2. ..1�..R.._ ..:1. states, 9. O n, BaFbeAeauty shef3s; 5. Beek, giA and SfafieHaf�r stores; 6. r..._,1..,..__.._. 9. Ch Fopmetie offiees; n C__._...__ Cafe_; 10 C...... .. .. A -. t_....'.... es ...d ... 12. n:_:.._ _.a_Lc_LM__.. 011d c„_. c _d 13. r:_.._..:_ _RHtS _ 15. Pie ghbeFheed mwkets, r - t 16 MAROF Hpaif and L ' Il-noLLyaLv_s; IV states; 19. ^i thiel Agee; Tx i-� Theatc:ie..... st 2 . , 22T_.d:_0 card .. ^ ....L. . 2] ageneesi24. dee mmal C_.I'. that the use nawFe,_ and the permitted uqo� _ted th, �: January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 17 n u F. .ed Uses, Re.._.a a ,.r_,...'.... aesignat o unless it _ C_ _A.1.«. the use 45 eemp_•1_ _ with fell em mg uses shall be pFA'bited' t Med eal eafe fag 1: , S. ne.+ .._a ehiele r..._ ding _.. .. ».1 _ ,. ee, a and e � ..... w.'l 7. CMP Ofid fMilff PR"', 8. cm wash; 12. Son iee stati8tis; W. Hosp, tars IA Laundry, cammem..1...... 16. UFgeHreaFe faeilm.T 17. ..es iW19. The DiFeetef ACCAmmumit) De% elopmew msa� deem addit one' uses fa be pfebibited based an a :..1 .. z subseetieft: • E. Permitted Uses. All uses shall be subiect to the requirements of the underlying zone, with the exception of mixed use developments. which shall be subiect to the following. The following use considered a prohibited use in this zone The Director may deem additional uses to be permitted based on a finding that the use is similar in nature and operation to the permitted uses listed in this subsection. Land use descriptions are contained in Division 17.40 (Use Classifications and Required Parking). Parking requirements shall be subiect to subsection (F) (6) of this section. Ftmidenfial Use Tvv" L Caretaker's Residence p 2. Commu,NCate FaciI S i. Dw)�g a. 5inele-Family b Two -Family c. Multi -Family P i 4. Family Dav Care Homes P 5. Home -Based Cotbee Food Operation AP Home Occupation Business P 7 Joint Livine/Workinc Ouanem M Chapter 17.16 — Special Zones and Standards Page 18 11 n U 0 Model Homes M 9 Residential Health Care Facility S Residential Service/Care Home C 11 Second Unit P 12. Su000me Housing C Transitional Housine C Commercial Use Tomes I Animal Sales and Senlcas a. Dav Car, M b. Grooming and Pet Stars, P Vemrw, Clinic M d, Veterinary 11osclt I M 2 Banks and Financial Serviees P Business Su000n Se,i, p 4. Day Care Centers 1;{ Eating and Drinking Establishments a. Banquet Facilities Il Without alcohol P n) With alcohol C b. Bars and Alcohol Drinking Establishments c. Caterine Establishment p d. Restaurants I) Limited Service p - With alcohol AP 2) Full Service p - With alcohol Bp J) Take ouUDelwery p e. Alcohol Production (on-site consumotion) Lodging h1 Medical Services P 8. Niehtdlub C 9. Personal Services P Professional Offices P a. Call Center sLt I1 Recreation Cmmnereial a. Indoor Entertainment M b. Indmr Soong and Recreation M C . Outdoor Entemimnent C d. Recreation Facilities C e. Residential Recrwtion Facilities P 12. Retail Sales. Geneml P Retail Soles Somir, a. Deoanment Stores M b. Discount Stores M c. Dmestom P d. Fnnd Saves P January 2013 1 DRAFT Chapter 17.16— Special Zones and Standards Page 19 Industrial Use Types Liouor Stores C C f. Second Hand Stores M C R . Vendors. Lone Term M Il. Schools. Specialized 4 Parks. Public and Pnvare a. V.aw"al Schools M Public Parking Facilities b. Inslmnionnl Schools M li Self Storage 7. Industrial Use Types I. Licht Manufacmnnc C C $wdios, Reconline C Public and Semi -Public Use Tvoea I. Temoomm Residence a. Short Tenn b. Lone Tenn Community Assembly C 2 Helio n[Mioad C t. Museums. Priv2tt M 4 Parks. Public and Pnvare C Public Parking Facilities i 6. Public Sen ices. General Q 7. Public Services S=ire a. Flood Control Facilities P b. Paramedic and Ambulance Dispatch a Park and Ride Lots M— d Pmsemtjon of Ilm.dc Landmarks P e. Unlit, Subsutions' C Schools. Public and Private a. Private Pnmary and Secondmv Schools S b. Public Pnmary and Secondary Schools C 9. Small Wind Enemy System P 10. Wireless Communication Facilities a. Above thim-five feat C b Up to shim -five felt m C. Flush -mounted M d. ('o-Icoated 1m Temporary Ue Trees I. Temoomm Residence a. Short Tenn b. Lone Tenn T M 2. Temwmry Real Esmte Otfi r T I Holiday Sales T January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 20 0 I* 0 4—ITemporary U A d ith this Cod i' Accessory Structures and Us" Use Types Accessory Stmctums P Accessory Use P a. tneidemal Services for Employees P A. Live Entertainment M Development Activities/ Miscellaneous Use Types I. Dewlonmmnt Activity on Namml Sloces a. Less than 10% i b 10% to 15°% H c. Greiner than 15°o H 2 Gmdine Cut and Fill or Any Conb'nation Thereof, on Namml Sloces Exceeding 10% a. 100 w 1.500 Cubic Yards P b. 10.000 to 100.000 cubic vords H 3. Cluster development in accordance with this code C 4 Affordable housing density bonus in accordance w'N this code P 5. Amenities Density/FAR Bonus C • 16F. Design Standards. Development shall strive to provide a mixed use project that includes a residential component and a commercial component. The development standards for the underlying commercial zones will apply; however, the following guidelines shall be applied to mixed use projects. I. Residential Density. a. For mixed use development sites greater than five (5) acres in size, the net developable acreage of the site shall have a minimum density of twenty (20) units per acre. b. For mixed use development sites less than five (5) acres in size, the net developable acreage of the site shall have a minimum density of eleven (11) units per acre. 2. Commercial Density. a. Commercial use shall incorporate a minimum range of twenty percent (20%) to thirty percent (30%) of the allowable floor area ratio in square footage, or to the satisfaction of the Director . b. All ground level uses with street frontage shall be commercial retail uses. Office uses that offer consumer services shall also be permitted subject to the satisfaction of the Director€ commun ty DevelopffieR . 3. Pedestrian Orientation Along Public Street Frontage and Setbacks for Mixed Use Development Project. a. Buildings shall be oriented along street frontage. b. For vertical mixed use development, residential uses will not be allowed on the first floor of a building fronting a primary roadway commercial corridor. Residential uses may be located on the ground floor of a building if the building fronts on a secondary road or alley. c. Ground -floor residential buildings in a mixed use development shall be set back a minimum of five (5) feet and maximum of fifteen (15) feet from the front property line. January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 21 0 d. Ground -floor mtail/commercial buildings in a mixed use development shall have a maximum setback of fifteen (15) feet to provide landscaping and street furniture. e. For visual interest at the pedestrian level, at least fifty percent (500%) of the total ground floor building frontage of any new or reconstructed building facing the public street shall have the following: windows with clear untinted glass and recessed entries. 4. Alternative Transportation Amenities. a. The proposed development shall provide connectivity to existing and future trail systems. b. Required bus turnouts/shelters shall be incorporated into the design of the front setback/landscape/hardscape. c. Pedestrian pathways shall be provided throughout the proposed development. 5. Building Height a. Building heights may range from a minimum of thirty (30) feet, unless modified by the Directoref Gommonky Develelinie i , to a maximum of fifty-five (55) feet for vertical mixed use developments, without obtaining a conditional use permit. b. The Planning &yrovine Authority may grant height in excess of fifty-five (55) feet with the approval of a conditional use permit. 6. Parking. a. For mixed use developments with two (2) bedrooms or more, parking shall be provided at. a rate of two (2) spaces per residential unit and 0.5 spaces for guest parking. Parking area shall be designated and covered. Tandem parking may be permitted. b. For mixed use developments with one bedroom units or studios, parking shall be provided at a rate of one space per unit and 0.5 spaces for guest parking. Parking area shall be designated and covered. Tandem parking may be permitted. c. For mixed use developments, parking for the commercial component shall be provided at a rate of one space per two hundred (200) square feet. d. At the discretion of the Director of Community De elopme-•, a parking pian may be required to determine the total number of parking spaces needed for a mixed use project. If changes to the uses occur at a future date, a new parking plan will be required to reflect the new uses. e. Residential guest parking at a rate of 0.5 spaces per unit may be used to supplement the required parking spaces for the commercial component of the mixed use development. f Subterranean parking will not be defined or counted as a building story or level and is encouraged in both vertical and horizontal mixed use developments. g. The Planning Cemnossien Approving Authority may allow the integration of parking alternatives for nonresidential uses in the form of valet and/or on -street parking spaces, where permitted, with the approval of the project parking plan. 7. Open Space. a. , Active recreation and passive leisure space should be provided for each residential -only or mixed use project containing residential uses. The required minimum amount of open space for a mixed use project is two hundred (200) square feet per unit, which may be combined for a larger community open space area. b. Open space should be provided in areas that are not required setbacks, parking areas, driveways, services areas or unusable slope area. c. Exterior public spaces shall be provided throughout the proposed development. d. The applicant may provide off-site open space amenities or in -lieu fees to satisfy the open space requirements. 8. Architecture. January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 22 0 • 0 0 • 0 a. Development shall comply with the City's Anhui-^ —' Community Character and Design Guidelines. b. Buildings shall include three hundred sixty (360) degree architectural elements. 9. Signs. a. All proposed signage is subject to the GiFy - 6nified Pe _ -__ _. Code, Ch__t-_ 17.49 Section 17.51.080 (Sign Reculations(Private Prooertv)l. b. The sign size and location shall be incorporated into the design of the building to provide visibility to public streets and orientation to pedestrians. c. Signs shall incorporate colors and materials that are conducive to both commercial and residential uses. 10. Landscaping. a. Landscaping shall be provided to accent ground floor uses, but not impede the visibility to the street. b. Landscaping shall be provided in open space and common areas throughout the mixed use development. #G. Site and Architectural Design Process. New development and major renovations in the MU overlay zone are subject to the City's tvhifeenifa' ^" --' ommunity Character and Design Guidelines and review by the City's to encourage design creativity, flexibility, and high quality that is sensitive to the surrounding context and unique site conditions. 1H. Criteria for Individual Properties Not in the Mixed Use Overlay Zone. The project site shall meet all criteria listed below and in this chapter and it will require a conditional use permit-and-zene ahaHge app ;eaHm,. 1. Minimum lot size of twenty-one thousand seven hundred eighty (21,780) square feet (0.5 acre); 2. Minimum street frontage of one hundred (100) feet; 3. Property frontage on public street; 4. Property abuts similarly zoned -"i�'xcadent A,-O'�'-•'A, commercial or business-parlrmised use property. (n_a 05 i 04) ��r�iz.n�a��nzsrr.�r. neRsrlr . .. _. ._ .. ... January 2013 1 DRAFT Chapter 17.16 - Special Zones and Standards Page 23 placement of a homeless shelter is permitted. B. Applicability. The HS overlav zone apolies to areas identified on the adopted may on file in the Plannino Division. C. Permitted Uses. All uses, except for homeless shelters, shall follow the requirements of the underlying zone. The following uses shall be permitted where the symbol "P" appears. 1. kiomeless Shelter 17.38.040 MR—Movie Ranch Overlay Zone. A. Purpose. In an effort to support the continuation of filmmakine and film production, the movie ranch (MR) overlay zone designates certain areas within the City whereby filming and related facilities are permitted by right. The designation is intended as a modifier to an underlvine zone and would permit location filming and full service motion picture and television filming, including ongoing and/or location filming on-site, permitted by right, subject to Film Office review. B. Permitted Uses. All uses shall be subiect to the requirements of the underlying zone, with the exception of film production activities which shall be subject to the requirements of this section. The following uses shall be permitted where the symbol 'P" appears: subiect to a conditional use permit where the symbol "C" appears: and orohibited where the symbol "X" appears. January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 24 0 0 C� f �J 11 I. Full service motion Picture and television studios including P facilities for Production of feature films, television series, commercials, telethons, videos, webisodes, other film/video formats not vet conceived, and all related facilities for motion picture and television studios. Filmmaking activities may take place both indoors or outdoors within the Movie Ranch. 2, Sound Stages and other related film making structures P 3. Office space and limited commercial retail sales incidental to P the Primary movie ranch use 4. Temporary film sets P 5. Incidental temporary community activities and social events P 6. Parking lots P 7. Accessory retail sales during filming operations P 8. Wireless communications facilities as Provided in Section C 17.69 fWireless Communication and Satellite Dish Antennas C. Additional Uses. The following uses shall be permitted on the site of a movie ranch in addition to the uses of the underlying zone. I. Incidental Uses. Parking areas and temporary sttuctums constructed as part of a Production set shall be Permitted by right, vided that the structures comply with anrlicable building, fire and other life safety regulations and do not interfere with required building setbacks. 2. Permanent Sound Stage Structures. Up to two (2) new sound stages at a combined maximum square footage of 40,000 square feet shall be permitted by right. All permanent structures shall be subject to development review process and must be set back a minimum of 100 feet from off- site residential uses. All permanent structures must comply with applicable building. fire and other life safety regulations. Any sound statte structures Proposed outside of these pammeters will require a conditional use permit. structures must comply with aoolicable building, fire and other life safety regulations. Anv require a temRgmry use permit, which may be approved at the discretion of the Director. 5. Commercial Uses. Incidental commercial uses to filming operations and the surrounding uses shall be permitted consistent with the requirements of the Community Commercial zone where two highways identified in the City's General Plan intersect, provided that the commercial use does not exceed three (3) acres in size and are not within one (1) mile of another commercial use. January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 25 D. Propertv Development Standards. The following regulations shall apply to the site of a movie ranch in addition to the regulations of the underlying zone. Additional regulations may be specified as conditions of aporoval through the conditional use permit and/or development review process. I. Minimum Lot Size. Fifty (50) contiguous acres. 2 Film Office Review. Filming activities are permitted by right in the movie ranch overlay as described below, subject to review of Film Office and via the Movie Ranch Filming Permit process. The Film Office will coordinate review of each filming activity with Fire Department Sheriff's Department and other agencies as necessary. 3. Setbacks from Residential Uses for Primary Film Activity. Minimum of 500 feet between primary film activity and off-site residential uses shall be maintained Primary filming activities include filming, location of generators, base camp, catering and other more intrusive activities Filming activities outside of these parameters may be subject to neighborhood notification of Filming outside of these parameters may be subject to neighborhood notification of adiacent Property owners at the discretion of the Film Office. 6. Height Limit. No permanent structure within the MR overlay zone shall exceed a height of 56 feet without aporoval of a conditional use Dermic Temporary structures. such as film sets. shall be exempt from this height limitation 9. Fencing. Permanent privacy fencing shall be exempt from height limitations, subiect to architectural review and provided that the structures comply with applicable building, fire and other life safety regulations and may reauire screening with landscaping wh re visible from the public right-of-way. may be may be approved at the discretion of the Film Office. E. Pre -Existing Uses. A movie ranch use legally established as of the effective date of this code under sixty-five (365) calendar days or more, the use shall not be re-established unless the Director is January 2013 1 DRAFT Chapter 17.16 — Special Zones and Standards Page 26 0 0 0 notified in writing of the intent to resume and has provided a schedule to resume movie ranch operations. 17.38.080 SEA—Significant Ecological Area Overlay Zoned - _ - Comment IGPal: ceeoai Pisa amp-leawmtaeoa A. Purpose. In an effort to achieve the City's objective to preserve the Significant Ecological Areas (SEA) within the City limits for the public health, safety and welfare for the Ione -tens 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 SEA zoning overlay zone classification was established. In general the VwRose of the overlay zone shall be to minimize the intrusion and impacts of development in these areas with sufficient controls to adequately protect the resources. B. Applicability. The SEA overlay zone applies to areas identified on the adopted SEA may on file in the Planning Division. Any development including but not limited to gradin- permits. building permits and land use entitlements, indicated on the SEA mar) is subject to a SEA conformance review by the Approving Authority. C. Uses. All uses of the underlying zone shall follow the reQuirements and restrictions associated with that zone with the approval of an SEA conformance review. The confornance review may include specific development standards to control the woes of land use, density, building location and size, roadways and other infrastructure, landscape, drainage, and other elements to assure the protection of the critical and important plant and animal habitats of each SEA. D. Conformance Review. A conformance review shall include the applicant submitting a biological report and anv other information deemed necessary by the Director for the proposed proiect. One submitted. the Director shall review the infornation and prepare a report for the Approving Authority that includes any conditions restrictions, mitigation measures or project modifications that • are deemed necessary to address any adverse impacts of the proposed project. January 2013 1 DRAFT Chapter 17.16 – Special Zones and Standards Page 27 I] 0 Chapter 17.39 Special Standards Districts SECTIONS: 17.39.010 Haoov Valley Special Standards District. 17.39.020 Placenta Canyon SMial Standards District. 17.39.030 Sand Canyon Special Standards District. 17,46.08039.020 Placerita Canyon Special Standards District community. to enhance the community's unique appeal and to licit) mitigate the cumulative impacts of residential development. Additionally, it is the numose of these Special intended to ensure reasonable access to public riding and hiking trails, and to minimize the need for installation of infrastructure such as sewers, streetlights concrete sidewalks and concrete Flood control systems that would alter the community's character, while providing for adequate drainage and other community safety features B. Property Development Standards. The following requirements shall apply in all zones in the area identified as Placenta Canyon on the official zoning map and as described in subsection (SO) of this section: 1. Animals which are kept or maintained as pets shall be permitted to continue when in accordance with the following: a. Two (2) horses or other similar animals which, in the opinion of the Director, are neither obnoxious nor detrimental to the public welfare may be kept on a lot or parcel of land which has a minimum area of five thousand (5,000) square feet, but less than fifteen thousand (15,000) square feet. b. The requirements of SeegoosChaoter 17.17 n, n 17.17.929 and 4;.47.4)3062 (Animal Keeping) of this eedeQQde with respect to animal keeping are met, with the exception of the minimum lot area above. 2. Any new development shall adhere to the following standards or provide the following amenities: a. Trails. ML. Riding and hiking trails shall be provided as depicted on the latest Placenta Canyon Backbone Trails exhibit on file with Parks, Recreation and Community Services, to the satisfaction of the Director of Parks, Recreation and Community Services; (z2)ii. Trails shall be fenced to the satisfaction of the Director of Parks, Recreation and Community Services, with fences of a rustic wood appearance; (3)'ii. Trail access shall be provided at all river crossings; (4)iv. There shall be no obstructions including, but not limited to, landscaping, trash receptacles, or other similar structures within a designated trail; (3jv. Fencing shall not be permitted to cross riverbeds in such a manner as to deny trail access; January 2013 1 DRAFT Sections 17.16.080-17.16.110— Special Standards Districts Page I 0 0 All new presidential projects of.grester than four (4) dwelling units and all new commercial, industrial and institutional projects (including expansion thereof), shall Provide trail easements, consistent with community goals and the Placerita Canyon backbone tmils exhibit to the satisfaction of the Director of Parks, Recreation and Community Servic vii. Unobstructed multioumose Pathways for both pedestrian and equestrian uses shall be developed in each new development to the satisfaction of both L Director of Public Works and the Director of Parks. Recreation. and Community Services. Although alignments that are not adiacent to roadways will generally be preferred, road easements may be used when the Department of Parks. Recreation and Communitv Services determines that other locations are inappropriate; and viii. Trail construction shall be completed and maintained in accordance with the conditions set forth by the Department of Parks. Recreation. and Community Services. All information Pertaining to trail requirements shall be shown on the tentative parcel or tract map and on the final parcel or tract map Prior to the final map recordation. b. A property maintenance or homeowner maintenance association atayshall be established to maintain the private access route, private roads and drives trail easements and other specific project amenities;and in all new residential Projects c. Street lights, in accordance with City standards, shall be installed only at road -to- • road intersections; andexterior lighting shall be designed to minimize off-site illumination, within the requirements for public safety. Exterior lighting on necessary for the safety of pedestrian and vehicular traffic, as deternined by the City. To minimize off-site illumination where lights are required, cut-off fixtures in keepingwith a rural equestrian architectural style will be snecitie& d. River bottoms and sides shall not be improved with concrete. Fencing shall not be permitted to cross riverbeds in such a manner as to deny trail access; d e. Bridges shall be leeatedlimited to those required for public safety and shall be designed to accommodate equestrian access; -td f All new residential projects of greater than four (4) dwelling units and all new commercial, industrial and institutional projects (including expansion thereof) shall connect to public sewer systems. Utilities shall be undergrounded to the nearest off-site connection; and g. Existing and future drainage shall be accommodated to provide adequate carrying capacity and erosion protection and shall not create or extend detrimental hazards or consequences upstream. '. C. Residential Zones. at. Residential Areas. (+)a. Street paving, curbs, gutters and sidewalks shall not be required of new development. Minimum City standards for all-weather access shall be provided. An engineering analysis shall be required to determine how all-weather access will be January 2013 1 DRAFT Sections 17.16.080-17.16.110 – Special Standards Districts Page 2 r� u provided for emergency vehicles. Surface material may consist of graded dirt, gravel, or asphaltic concrete to achieve the required standards. (2)b. On -street parking shall not be permitted in a designated trail. (3)c. Street trees shall not be required. (4k_. Fences. Non -view -obscuring fences, not to exceed five (5) feet in height, shall be permitted to be located within the twenty (20) foot front yard setback. Where a non -view -obscuring fence is constructed within the twenty (20) foot front yard setback, and is five (5) feet in height, the applicant shall be required to landscape the frontage of their property along the property line that abuts the adjacent right- of-way. Bleek wallsiew-obscuring walls or fences that are higher than three (3) feet six (6) inches shall not be permitted to be located within the twenty (20) foot front yard setback. b2. Melody Ranch. (Applicable only to the area bounded by Oak Orchard Road on the north, Oak Creek Avenue on the east, Placerita Creek on the south, and to a line approximately nine hundred ninety (990) feet from and parallel to Oak Creek Avenue on the west.) Melody Ranch is a permitted use in the 14-6i m zone, subject to the following: the primary land use shall include full service motion picture and television studios including facilities for production of feature fihns, television series, commercials, telethons, videos and all related facilities and audience participation. Incidental community activities and social events are permitted. Related office space and limited commercial retail sales, incidental to the primary use shall be permitted. D. CommerciaVlndustrial Zones. 1. Landscaping Requirements. a. Adequate buffering between residential and nonresidential areas shall be provided, • I in accordance with the provisions of this eedeCode; b. Street trees shall be required; c. Landscaped berms or other landscape treatment shall be used to screen the view of parking areas from the street; and d. Landscape plans shall incorporate twenty-four (24) inch box trees. 2. Lot Orientation. Properties fronting on Lyons Avenue shall be oriented with their primary access on Lyons Avenue. Site orientation shall discourage use of Placerita Canyon Road as a primary access. Comment [GPI]: General Plan Implementation address each of the followiniz subect areas: 1. Oublic Participation/Outreach _ _ _ - J Comment [GPI]: Ge aal Plan Implememation a. Be subject to public varticination and outreach led by the aonlicant(s) or the applicant's January 2013 1 DRAFT Sections 17.16.080-17.16.110— Special Standards Districts Page 3 0 - - I ConumMt [GP31: Geneml Plan Implementation 0 minimize those impacts. special attention must be given to mitigate impacts caused by such identified access points: c. Layout and orientation of any developments shall be designed to discourage and where possible prevent additional tris into Placerita Canyon caused by or resultiniz from such developments: d. Include defined entry gateways or monuments into the Placerita Canyon Special Standards District, at Railroad Avenue, complete with landscaping and architectural elements with signage expressly stating there is no through traffic allowed: and e. A traffic study shall be prepared for all new developments that are projected to generate 250 or more new daily trios within the areas encompassed by the NNA. The traffic studv shall analyze those potentially impacted intersections within the NNA area and those that lie within a one I mile radius of the sub'ect development site. 3. ufferin and Transit,; s CAmmept [GP4]: Grneral Plan implementation a. Preserve the existing rural equestrian community. generally known as Placerita Canyon, and provide adequate buffers and graduated transitional design to ensure existing neighborhood protection and compatibility of character resulting from any vroposed development: b. Incorporate the current Santa Clarita Valley Trails Advisory Committee (SCVTAC) network of multi -use trails into adjacent neighborhoods which shall have rural and equestrian characteristics: and c. Require use of the MWD rightof--wav as a landscaped buffer (subject to MWD approval) between the NNA within the PCSSD and the rest of Placerita Canyon. which landscaning shall consist of low water, low maintenance landscape material. 4. [Arckitectar__ Comrrlent[GPS]: General Plan Implementation a. Consist of 360degree architectural design with pedestrian -scaled building massing and fortes where adjacent to existing residences, with the use of landscaping to visually • soften hard edges of buildings; b. Structures shall have varied building heights and designs shall create east/west sight lines. Building heights up to 35 feet may be permitted. Additional height, not to exceed 50 feet, may be permitted subject to the approval of a conditional use permit; c. Have transitional densities, as described above. decreasing in density and height in an easterly direction towards the MWD rightof--wav away from Railroad Avenue, to include the MWD right-of-way as a landscaped buffer and detached single-family residences adjacent to the MWD right-of--wav: and surfaces and shall be maintained in a natural appearance: b. Fencing shall not be permitted to cross riverbeds or waterways in a manner which denies or interferes with easv trail access: and c. On-site Rood control mitigation would provide assistance or relief to other h drolo /drains a impacts within Placerita Canyon due to chap es of topomphyon January 2013 1 DRAFT Sections 17.16.080-17.16.110 — Special Standards Districts Page 4 Comment [GP61: General Plan Implementation Comment [GPS]: General Plan Implemenlatlm _ _ - j Comment [GPs]: CiawrW Plan Imple nation E appropriate mix of retail, office, restaurant, and general commercial square footage develoyment. building permit for either a new structure or a specified addition to an existin structure, or grading permit. Modifications to any standards in this subsection are only available pursuant to the terms and conditions of a conditional use permit, as provided for in Section 17.25.100 (Conditional Use Permit) of the Code. G. Description of District Boundaries. Beginning at a point in the boundary of Tract No. 1078, recorded in Book 18, Page 169, of Maps, said point being the northwest comer of said Tract No. 1078; thence northeasterly, and easterly along the northwesterly, and northerly boundary of Tract No. 1078 to a point in the northerly boundary of Tract No. 1079, recorded in Book 18, Page 155, of Maps; thence easterly along the northerly boundary of said Tract No. 1079 to a point, said point being the northeasterly comer of said Tract No. 1079; thence northerly along the northerly prolongation of the easterly boundary of said Tract No. 1079 to a point in the northerly rightof-way boundary of the Los Angeles aqueduct; thence southeasterly and southerly along the northerly, and easterly boundary of said right-of-way to a point in the northerly boundary of Tract No. 10699, recorded in Book 165, Pages 36-37 of Maps; thence easterly along the northerly boundary of said Tract No. 10699 and, thence continuing along the easterly prolongation of the northerly boundary of said Tract No. 10699 to a point in the westerly rightof-way boundary of Sierra Highway; thence southwesterly along the said westerly right-of-way to the intersection of a line parallel with and 215 feet northerly measured at right angles from the southwesterly boundary of Tract No. 1274 recorded in • Book 18 Pages 110 -Ill of Maps; thence northwesterly along said parallel line to a point in southerly boundary of said Tract No. 1274; thence northwesterly and westerly, along the southerly boundary of said Tract No. 1274 to a point, said point being the northeast comer of the parcel of land as described in Document No. 5906 recorded December 10, 1964, as shown on Record of Survey 95-78 thence southwesterly, westerly, and northwesterly along the southeasterly, southerly, and southwesterly boundary of said Record of Survey, to a point, said point being the westerly comer of said Record of Survey, thence southwesterly along the southeasterly boundary of Lot 194 of said Tract No. 1078 to the southwest corner of said tract; thence northwesterly along the southwesterly boundary of said tract to the point of beginning. Except: that portion that lies within the boundaries of Tract No. 44452 recorded in Book 1137 Pages 59-68, Tract No. 34143 recorded in Book 969 Pages 7-14, and Tract No. 34144 recorded in Book 969 Pages 15-20, all of Maps. m^ -a. 99 15, m vm 449i n..a nm c 297'0; ^:' 17.44,09039.030 Sand Canyon Special Standards District. A. Purpose. The purpose of the special standards district is to maintain, preserve and enhance the rural and equestrian character of Sand Canyon. B. Property Development Standards. The following requirements shall apply in all zones in the area identified as Sand Canyon d e described in subsection (C) of this section: 1. Animals which are kept or maintained as pets shall he permitted to continue when in accordance with the following: a. Two (2) horses or other similar animals which, in the opinion of the Director, are neither obnoxious nor detrimental to the public welfare may be kept on a lot or parcel of land which has a minimum area of five thousand (5,000) square feet, but January 2013 1 DRAFT Sections 17.16.080-17.16.110— Special Standards Districts Page 5 0 - - Comment iGV91: General Plan Implementation less than fifteen thousand (15,000) square feet; and b. The requirements of Seefiens—Chanter 17.62 (Animal Kecoine"''.',.,-r,'�^'^. ' ".4 "."'",-�-r- d 1717.030 of this e_Code with respect to animal keeping are met, with the exception of the minimum lot area above. 2. Any new development shall adhere to the following standards or provide the following amenities: a. Trails. (4)i. Riding and hiking trails shall be provided as depicted on the latest Sand Canyon Backbone Trails exhibit on file with Parks, Recreation and Community Services to the satisfaction of the Director of Parks, Recreation and Community Services; (iii. Trails shall be fenced to the satisfaction of the Director of Parks, Recreation and Community Services, with fences of a rustic wood appearance; (3)iii. Trail access shall be provided at all river crossings; (4)iv. There shall be no obstruction including, but not limited to, on -street parking, landscaping, trash receptacles, or other similar structures within a designated trail; ($)v_. Fencing shall not be permitted to cross riverbeds, in such a manner as to deny trail access; (&Ivi. Private access routes to the Backbone Trails are encouraged to be incorporated into new subdivisions to the satisfaction of the Director of Parks, Recreation and Community Services and the concurrence of the property owner; b. River bottoms and sides shall not be improved with concrete; c. Bridges shall be limited to those required for public safety and shall be designed to accommodate equestrian access; d. Street lights, in accordance with City standards, shall be installed only at road -to - road intersections; e. Sewer. All new residential projects of greater than four (4) dwelling units and density greater than 0.5 units per acre shall connect to public sewer systems. Utilities shall be undergrounded to the nearest off-site connection; f. Street paving, curbs, gutters and sidewalks shall not be required of new development. Minimum City standards for all weather access shall be provided. An engineering analysis shall be required to determine how all weather access will be provided for emergency vehicles. Surface material may consist of graded dirt, gravel or asphaltic concrete to achieve the required standards; g. Drainage. Existing and future drainage shall be accommodated to provide adequate carrying capacity and erosion protection; h. Street trees shall not be required; however, the planting of oaks and other mature trees shall be encouraged; L Gating of proposed or existing residential areas shall be subject to the approval of a conditional use permit; j. Clustering of residential projects shall be discouraged except where deemed necessary to preserve and protect environmentally sensitive areas. Where clustering is approved, the minimum lot size shall not deviate more than ten (10) percent from the required minimum lot size; k. Screening of Dumpsters. New residential development shall provide for the screening and placement of dumpsters located within the front yard; 1. Maintenance. A property maintenance or homeowner maintenance association shall be established to maintain the trails, private roads and drives and other January 2013 1 DRAFT Sections 17.16.080-17.16.110 - Special Standards Districts Page 6 1-1 L • 40 U C. specific project amenities; m. Fences. Non -view -obscuring fences, not to exceed five (5) feet in height, shall be permitted to be located within the twenty (20) foot front yard setback. Where a non -view -obscuring fence is constructed within the twenty (20) foot front yard setback, and is five (5) feet in height, the applicant shall be required to landscape the frontage of their property along the property line that abuts the adjacent right- of-way. Bleek-waNrView-obscuring walls or fences that are higher than three (3) feet six (6) inches shall not be permitted to be located within the twenty (20) foot front yard setback; n. Structures Within or Adjacent to Right -of -Way. (4)i. In instances where properties along Sand Canyon Road have offered for dedication land that is in excess of current right-of-way dedication requirements, structures shall be permitted to be constructed in such land subject to the current development requirements of the zone in which it is located with the approval of an adjustment; (2)i_. In instances where properties have frontage on Sand Canyon Road where there exists a minimum of twenty (20) feet between the edge of the right-of- way that is currently required and the ultimate street pavement of Sand Canyon Road, accessory structures may encroach into the street yard setback with the approval of an adjustment. Description of District Boundaries. That portion of the City of Santa Clarita lying southerly of Suas Highway 14 (° ntaiepe Valley r:_..,... -. `the Santa Clara River and within Sections 13, 14, 22 23, 24, 25, 26, 2734 35 and 36, in Township 4 North, Range 15 West, in the San Bernardino Base and Meridian; also within Sections 1 and 2, Township 3 North, Range 15 West, in the San Bernardino Base and Meridian. (oro. 99 1; 12,4'-.." 999 ^T -v d. 00 T 218m, n -a m c on7 rm�n-w 05 Ty-r^2e.(oc, nFd. no,n 12, 12.119'05) 17.46.N939.010 Happy Valley Special Standards District. A. Purpose. The purpose of the special standards district is to maintain, preserve and enhance the rustic California ranch character of the Happy Valley neighborhood. Happy Valley is an area located in the Newhall community of the City of Santa Clarita. Happy Valley is situated just north of Wildwood Canyon and local mountain ranges containing large oak tree groves. Numerous streets within this area are lined with large oak trees with no sidewalks or curbs, presenting a hybrid of a rural and suburban community character. The area has been historically comprised of single-family ranch homes, with a variety of architectural styles reflecting a rustic character. There are a variety of lot sizes and configurations throughout Happy Valley. Many of the homes located within Happy Valley are on varying sized lots, providing a neighborhood layout different from most areas of the City. These special characteristics make Happy Valley a unique area of the City, which these special standards intend to preserve. B. Community Character and Design Guidelines. Development of new single-family homes shall utilize the concepts contained within the single-family residential design guidelines section of the Community Character and Design Guidelines. C. Property Development Standards. The following requirements shall apply in all zones in the area identified as Happy Valley an the affie a! _.._e_.. map -and as-desctibed in subsection (D) of this section: January 2013 1 DRAFT Sections 17.16.080-17.16.110- Special Standards Districts Page 7 0 1. Animal Keeping. Animals which are kept or maintained as pets shall be permitted to continue when in accordance with the requirements of Chanter 17.62 (Animal Keeping) Seet 8"s 17.17.910,17M 17.020 md 17.17.090; a. Large animals such as horses, cows and similar animals are permitted pursuant to the requirements set forth in Section 17.47-61-062.020 (Keeping of Large Animals). b. Small animals such as sheep, goats, dogs, rabbits, and birds and similar animals are permitted pursuant to the requirements set forth in Section 17.4,402662.030 (Keeping of Small Animals). 2. Oak Trees Preservation. The purpose of this subsection is to protect and preserve oak trees in the City of Santa Clarita in accordance with the requirements of this section and Section 17.47-:09051.040 (Oak Tree Preservation). (108) MOWS Or MOR iR 60FOUffifffeRS8, MOEISHFed feHF said ORO half (4m§) fe8t ab8% 'a te ;he eammanib'- 4—The removal of heritage oak trees shall be strongly discouraged even if mitigation is offered as an alternative. b. Pursuant to requirements set forth in gaefien 17.15.4207C[iapter 17.57 (Property Development Standards: "^-is.,�:�:a1-aaae-Residential Zeftes), all new residential development shall require the planting of one (1) twenty-four (24) inch box tree in the required front yard area to the satisfaction of the Directoref unity Develepmen . This requirement may he waived or modified by the Director -of where it is found to be impractical due to topographical conditions, is not keeping with the neighborhood or otherwise will not benefit the area. The planting of oak trees or other native trees shall be encouraged for this requirement 3. Street Development Standards. Any new development shall adhere to the following standards or provide the following amenities: a. Street lights, in accordance with City standards, shall be installed only at road -to - road intersections. b. Street curbs, gutters, and sidewalks shall not be required of new development. In areas which currently have sidewalks, sidewalks for new development shall be installed in order to provide stmetscape consistency, as appropriate. c. Minimum City and' -- "' -- "--�Fire Department standards for all-weather access shall be provided. d. Fences and gates may remain legal nonconforming until demolished or modified, after which time compliance with the City's UPC ode is required. D. Legal Description of District Boundaries. THE BOUNDARY OF THE HAPPY VALLEY SPECIAL STANDARDS DISTRICT, LOCATED IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF VALLEY STREET AS SHOWN ON F.M. 20959-3, SAID MAP ALSO FILED AS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 3641222 -RW 3, AND THE WESTERLY PROLONGATION OF THE NORTH TRACT BOUNDARY LINE OF TRACT MAP 35001 M.B. 946/43-44 THENCE EASTERLY ALONG SAID NORTH TRACT BOUNDARY LINE TO A POINT ON THE January 2013 ] DRAFT Sections 17.16.080-17.16.110- Special Standards Districts Page 8 E • n LJ 0 WESTERLY LINE OF PARCEL MAP 14563 M.B. 161/76-77, SAID WESTERLY LINE SHOWN ON SAID PARCEL MAP AS NORTH 04°01'11" WEST 350.89 FEET THENCE NORTH ALONG SAID WESTERLY LINE TO THE SOUTHWESTERLY LINE OF A 150.00 FOOT WIDE SOUTHERN CALIFORNIA EDISON RIGHT OF WAY SHOWN ON THE LICENSED SURVEYORS MAP L.S. 31/38-45 THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE TO A POINT ON THE SOUTHEAST LINE OF LOT 122 OF TRACT MAP 1059 M.B. 17/9495, SAID SOUTHEAST LINE SHOWN ON SAID TRACT MAP AS SOUTH 25001' WEST 1065.38 FEET THENCE SOUTHWESTERLY ALONG SAID SOUTHEAST LINE TO THE NORTHEAST CORNER OF PARCEL MAP 6067 M.B. 116/92-93 THENCE SOUTHERLY ALONG THE EAST PARCEL MAP BOUNDARY LINE TO THE SOUTH PARCEL MAP BOUNDARY LINE OF SAID PARCEL MAP THENCE WESTERLY ALONG SAID SOUTH PARCEL MAP BOUNDARY LINE TO A POINT ON AN EASEMENT FOR DEBRIS BASIN TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT SHOWN ON F.M. 20959- 6, SAID MAP ALSO FILED AS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 3641222 -RW 6 THENCE ALONG THE PERIMETER OF SAID EASEMENT THE FOLLOWING COURSES: NORTH 38051'34" WEST 77.61 FEET, NORTH 33°5141" WEST 30.00 FEET, SOUTH 56°08'19" WEST 60.00 FEET, SOUTH 33°51'41" EAST 45.64 FEET, HAPPY VALLEY SPECIAL STANDARDS DISTRICT, SOUTH 12°55'45" EAST 157.06 FEET THENCE SOUTH 03055'45" EAST 345.00 FEET TO THE NORTH RIGHT OF WAY LINE OF DAVEY AVENUE, 40.00 FEET WIDE, AS DESCRIBED IN DEED 4604-26 OF OFFICIAL RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON F.M. 20959-6, SAID • MAP ALSO FILED AS LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 364 -1222 -RW 6 THENCE EASTERLY ALONG SAID NORTH RIGHT OF WAY LINE OF DAVEY AVENUE TO THE NORTHEASTERLY RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD, 40.00 FEET WIDE, AS DESCRIBED IN DEED 8806-130 OF OFFICIAL. RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON F.M. 20959-6, SAID MAP ALSO FILED AS RIGHT OF WAY MAP NO. 364 -1222 - RW 6 THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD TO THE SOUTH LINE OF PARCEL MAP 19950 M.B. 227/47138 THENCE EASTERLY ALONG SAID SOUTH LINE 147.85 FEET TO THE BEGINNING OF A LINE PARALLEL WITH AND DISTANT 125.00 FEET EAST, MEASURED AT RIGHT ANGLES, OF THE EAST RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD, 40.00 FEET WIDE, SHOWN ON THE LAST MENTIONED PARCEL MAP THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 310.53 FEET TO A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE THENCE NORTHEASTERLY ALONG SAID PERPENDICULAR LINE 10.00 FEET TO A LINE PARALLEL WITH AND DISTANT 135.00 FEET EAST, MEASURED AT RIGHT ANGLES, OF THE EAST RIGHT OF WAY LINE OF WILDWOOD CANYON ROAD, 40.00 FEET WIDE, AS DESCRIBED IN DEED 8806-130 OF OFFICIAL RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 470- 9101 -RW 1 THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 120.00 FEET TO A LINE PERPENDICULAR TO THE LAST DESCRBED COURSE THENCE NORTHEASTERLY ALONG SAID PERPENDICULAR LINE 75.00 FEET TO A LINE PARALLEL WITH AND DISTANT 210.00 FEET EAST, MEASURED AT RIGHT January 2013 1 DRAFT Sections 17.16.080-17.16.110 — Special Standards Districts Page 9 0 ANGLES, OF THE EAST RIGHT OF WAY LINE OF HAPPY VALLEY SPECIAL STANDARDS DISTRICT. WILDWOOD CANYON ROAD, 40.00 FEET WIDE, AS DESCRIBED IN DEED 8806-130 OF OFFICIAL RECORDS OF THE COUNTY OF LOS ANGELES, TO THE COUNTY OF LOS ANGELES FOR ROAD EASEMENT PURPOSES AND SHOWN ON LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP NO. 470 -9101 -RW 1 THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE TO A POINT ON NORTHERLY LINE OF RECORD OF SURVEY 115/22, SAID NORTHERLY LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 80045'00" EAST 465.55 FEET THENCE EASTERLY ALONG SAH) NORTHERLY LINE TO ITS NORTHEASTERLY TERMINUS AND CONTINUING ALONG THE PERIMETER OF SAID RECORD OF SURVEY THE FOLLOWING COURSES: SOUTH 57°01'10" EAST 280.04 FEET, NORTH 78055'20" EAST 319.66 FEET, SOUTH 20°44'20" WEST 132.69 FEET, SOUTH 58°07'50" WEST 614.25 FEET THENCE SOUTHWESTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE TO THE CENTERLINE OF WILDWOOD CANYON ROAD AS SHOWN ON THE LAST MENTIONED RECORD OF SURVEY THENCE NORTHWESTERLY ALONG THE CENTERLINE OF WILDWOOD CANYON ROAD TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF PARCEL MAP 26026 M.B. 329/41-42 THENCE SOUTHWESTERLY FROM SAID INTERSECTION TO THE SOUTHWESTERLY TERMINUS OF SAID NORTHWESTERLY LINE THENCE SOUTHWESTERLY ALONG THE PROLONGATION OF SAID NORTHWESTERLY LINE TO THE WESTERLY LINE OF LOT 56 OF TRACT 2703 M.B. 28/20-27, SAID WESTERLY LINE SHOWN ON SAID TRACT MAP AS NORTH 23016' WEST 931.60 FEET THENCE NORTHWESTERLY ALONG SAID WEST LINE TO A 2 INCH IRON PIPE TAGGED "RCE 21649" SHOWN AS THE SOUTHEASTERLY TERMINUS OF A LINE SHOWN ON RECORD OF SURVEY 163/86 AS NORTH 3604T08" WEST 363.11 FEET THENCE ALONG THE PERIMETER OF SAID RECORD OF SURVEY THE FOLLOWING COURSES: NORTH 3604T08" WEST 363.11 FEET, NORTH 16°52'40" EAST 153.93 FEET, NORTH 75°2T30" WEST 40.03 FEET, SOUTH 72°41'01" WEST 519.61 FEET, THENCE SOUTH 84°55'44" WEST 133.80 FEET TO THE NORTHEAST TERMINUS OF A LINE ON THE SOUTHEASTERLY LINE OF PARCEL MAP 2293 M.B. 46/95 SHOWN AS NORTH 30052'00" EAST 180.70 FEET THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF THE LAST MENTIONED PARCEL MAP THE FOLLOWING COURSES: SOUTH 30052'00" WEST 180.70 FEET, SOUTH 6001640" WEST 234.01 FEET TO THE SOUTHEAST TERMINUS OF A LINE ON THE EASTERLY LINE OF LOT 69 OF TRACT MAP 38300 M.B. 1008/1-12 SHOWN AS NORTH 43002'28" WEST 151.00 FEET THENCE ALONG THE TRACT BOUNDARY LINE OF THE LAST MENTIONED TRACT MAP THE FOLLOWING COURSES: NORTH 43002'28" WEST 151.00 FEET, NORTH 05°51'28" WEST 406.50 FEET, NORTH 37003'00" WEST 414.24 FEET, NORTH 23°1916" EAST 200.32 FEET, NORTH 66°49'44" WEST 75.00 FEET, NORTH 59°29'43" EAST 126.61 FEET, NORTH 23°1916" EAST 40.84 FEET, SOUTH 85°33'26" WEST 660.00 FEET, NORTH 23°10'16" EAST 338.31 FEET, SOUTH 85°3326" WEST 29.65 FEET, SOUTH 85030'00" WEST 480.94 FEET, NORTH 04°32'00" WEST 208.70 FEET, SOUTH 8.5°30'00" WEST 208.70 FEET, NORTH 21051'51" WEST 69.47 FEET, SOUTH 85°30'00" WEST 139.31 FEET, THENCE NORTH 04032'00" WEST TO THE CENTERLINE OF MAPLE STREET, AS SHOWN ON THE LAST MENTIONED TRACT MAP THENCE EASTERLY ALONG THE CENTERLINE OF MAPLE STREET TO THE CENTERLINE INTERSECTION OF MAPLE STREET AND APPLE STREET, SHOWN ON TRACT MAP 1437 M.B. 20/54-55 THENCE NORTH January 2013 1 DRAFT Sections 17.16.080-17.16.110 - Special Standards Districts Page 10 LJ E 0 n U ALONG THE CENTERLINE OF APPLE STREET TO THE EASTERLY PROLONGATION OF THE NORTH LINE OF LOT 18 OF THE LAST MENTIONED TRACT MAP THENCE WESTERLY ALONG SAID PROLONGATION OF SAID LOT 18 TO A LINE PARALLEL WITH AND DISTANT 152 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF APPLE STREET THENCE NORTHERLY ALONG SAID PARALLEL LINE 190 FEET TO A LINE PERPENDICULAR TO THE NORTH LINE OF THE LAST MENTIONED LOT 18 THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO THE WEST RIGHT OF WAY LINE OF APPLE STREET, 40 FEET WIDE, AS SHOWN ON THE LAST MENTIONED TRACT MAP THENCE NORTHERLY ALONG SAID WEST LINE 40 FEET TO A LINE PERPENDICULAR TO SAID WEST RIGHT OF WAY LINE THENCE WESTERLY ALONG SAID PERPENDICULAR LINE TO A LINE PARALLEL WITH AND DISTANT 170 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF APPLE STREET THENCE NORTHERLY ALONG SAID PARALLEL LINE 100 FEET TO THE NORTH LINE OF LOT 17 OF THE LAST MENTIONED TRACT MAP THENCE WESTERLY ALONG SAID NORTH LINE 217.98 FEET TO THE SOUTHEAST CORNER OF TRACT MAP 25339 M.B. 737/11-12 THENCE NORTHERLY ALONG THE EAST TRACT BOUNDARY LINE OF SAID TRACT MAP TO THE NORTHWEST CORNER OF PARCEL 4 OF PARCEL MAP 7400 M.B. 93/63-64 THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL 4 AND ITS EASTERLY PROLONGATION TO THE CENTERLINE OF APPLE STREET, 60 FEET WIDE AS SHOWN ON THE LAST MENTIONED PARCEL MAP THENCE NORTHERLY ALONG THE CENTERLINE OF APPLE STREET TO THE WESTERLY PROLONGATION OF THE NORTHERLY PARCEL MAP BOUNDARY LINE OF PARCEL MAP 14920 M.B. 187/61-62 THENCE EASTERLY ALONG SAID NORTH PARCEL MAP BOUNDARY LINE TO THE EAST PARCEL MAP BOUNDARY LINE OF SAID PARCEL MAP THENCE SOUTHERLY ALONG SAID EAST PARCEL MAP BOUNDARY LINE TO A POINT ON THE NORTH LINE OF LOT 4 OF TRACT MAP 1437 M.B. 20/54-55, SAID POINT SHOWN AS THE NORTHEAST CORNER OF LOT 7 OF TRACT MAP 25344 M.B. 694/57-58 THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 7 TO A LINE PARALLEL WITH AND DISTANT 50 FEET SOUTH, MEASURED ALONG THE EAST LINE OF SAID LOT 7, OF THE NORTH LINE OF THE LAST MENTIONED LOT 4 THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE EASTERLY SIDE LINE OF A 17 FOOT WIDE EASEMENT SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 364 -1222 -RW 2 THENCE SOUTHEASTERLY ALONG SAID EASTERLY SIDE LINE TO A LINE PARALLEL WITH AND DISTANT 150 FEET SOUTH, MEASURED AT RIGHT ANGLES, OF THE NORTH LINE OF THE LAST MENTIONED LOT 4 THENCE EASTERLY ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND DISTANT 150 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE WEST RIGHT OF WAY LINE OF VALLEY STREET, 60 FEET WIDE, AS SHOWN ON THE LAST MENTIONED FLOOD CONTROL RIGHT OF WAY MAP THENCE SOUTHERLY ALONG SAID PARALLEL LINE 100 FEET TO A LINE PARALLEL WITH AND DISTANT 250 FEET SOUTH, MEASURED AT RIGHT ANGLES, OF THE NORTH LINE OF THE LAST MENTIONED LOT 4 THENCE EASTERLY ALONG THE LAST MENTIONED PARALLEL LINE 30 FEET TO A LINE PARALLEL WITH AND DISTANT 120 FEET WEST, MEASURED AT RIGHT ANGLES, OF THE WEST RIGHT OF WAY LINE OF VALLEY STREET, 60 FEET WIDE AS SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 364 -1222 -RW 2 THENCE SOUTHERLY ALONG THE LAST MENTIONED PARALLEL LINE 80 FEET TO THE NORTH LINE OF LOT 5 OF January 2013 1 DRAFT Sections 17.16.080-17.16.110— Special Standards Districts Page 11 L J TRACT MAP 1437 M.B. 20/24-55 THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 160 FEET TO THE SOUTHEAST TRACT BOUNDARY CORNER OF TRACT MAP 25344 M.B. 694/57-58 THENCE SOUTHERLY FROM SAID SOUTHEAST TRACT BOUNDARY CORNER TO A POINT ON THE NORTH LINE OF LOT 6 OF TRACT MAP 1437 M.B. 20/54-55, SAID POINT BEING DISTANT 280 FEET WEST, MEASURED ALONG THE NORTH LINE OF SAID LOT 6, OF THE WEST RIGHT OF WAY LINE OF VALLEY STREET, 70 FEET WIDE, AS SHOWN ON THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY MAP 364 -1222 - RW 2 THENCE EASTERLY ALONG SAID NORTH LINE AND ITS EASTERLY PROLONGATION TO THE CENTERLINE OF VALLEY STREET AS SHOWN ON F.M. 20959-3, SAID MAP ALSO FILED AS RIGHT OF WAY MAP 364 -1222 -RW 3 THENCE NORTHERLY ALONG THE CENTERLINE OF VALLEY STREET TO THE POINT OF BEGINNING BASIS OF BEARINGS. THE DIRECTION OF ALL LINES MENTIONED IN THE ABOVE DESCRIPTION ARE THE DIRECTIONS AS SHOWN ON THE REFERENCED MAP THE ABOVE DESCRIBED LAND IS SHOWN ON EXHIBIT "B" WHICH IS ATTACHED HERETO. THIS LEGAL DESCRIPTION WAS PREPARED FOR AND FROM INFORMATION PROVIDED BY THE PLANNING DEPARTMENT OF COMMUNITY DEVELOPMENT OF THE CITY OF SANTA CLARITA. SCRIVENER: C.G. VANDREY, CHECKED BY: L.J. JORDAN, DATE: OCTOBER 14, 2009 (04 nn 17e 2(Ex. B) 1218109 January 2013 DRAFT Sections 17.16.080-17.16.110— Special Standards Districts Page 12 0 0 0 n U CJ Chanter 17.62 ANIMAL KEEPING SECTIONS: 0 17.62.010 Purpose. 17.62.020 Keeping of Larne Animals. 17.62.030 Keeping of Small Animals. 17.62.040 Keeping of Wild Animals. 17.62.010 Purpose. It is the Dumose of this chanter to establish regulations for the keeping large animals, small animals, and wild animals, which have characteristics and Performance requirements that are not covered by the Drooerry development requirements of the zones. These standards are in addition to the moDerty development standards of this Code 17.+7=04"2.020 Keeping of Large Animals. $A. Anplicability. The keeping of large animals, such as horses, cows, Pies, and similar animals as described in Chapter 8.08 of the Municipal Code is permitted as follows (except as provided in Sections 17.4b.88039.02U (Placenta Canyon Special Standards District) and 17.{6,090}9.030 (Sand Canyon Special Standards District) of this Ceode}. Unless indicated by a ratio. the number of animals permitted shall be a maximum number for each category of animals as shown below. Minimum Lot Square Footage Pigs Other Large Animals 15,000-20,000 0 3 20,001-25,000 0 4 25,001-30,000 0 5 30,001-35,000 0 6 35,001-1 acre 0 7 Greater than I acre 1.- per acre 8: er acre January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 1 n u I. Pigs are permitted as follows: a. They shall be located not less than one hundred fifty (150) feet from any highway and not less than fifty (50) feet from the side or rear lot lines of any lot or parcel of land. b. They shall not be fed any market refuse or anything other than table refuse from meals consumed on the same lot or parcel of land, or grain. 2. Young animals bom to a permitted animal kept on the site may be kept until such animals are weaned. 3. Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the permitted and one additional animal of the type used for such purposes. 4. in asseerdanee with Los Angeles County Health Depailiamt mqoimaients, all buildings 9 kiFft hot not limited to, bains, eefials, �aLt ek Aof a.. nsals shall l a 1..... ^of CCw^i 1)feetf ma mm-a�eaau All exemment pizedueed bj said lafga animals shall be disposed of an a iegular basis so as to B. A minor use Dermit is required for the keeping of large animals in excess of the numbers permitted by this section. C. Standards. I Enclosure. All animals shall be properly caged or housed, and must be keot in their corrals bums Dens or other enclosures. All such structures shall be fenced or otherwise enclosed to adequately tontine the animals In addition. all such structures or other enclosures shall be classified as an accessory sticture and are subiect to the development standards of the underlying zone in which itis located. • 2. Maintenance. All buildings used in codunetion with the keeving of lar a animals includin animal enclosures and all other animal keeping areas shall be maintained tree from litter, garbage and the accumulation of animal excrement. All excrement produced by said large animals shall be disposed of on a regular basis so as to control flies and odor. 3. In-aee&Fd*nee-w4hln addition to Los Angeles County Health Department requirements, all buildings or structures. including, but not limited to bams, corals, training arenas. etc., used in conjunction with the keening of large animals shall be located a minimum of fifty ( 50) feet from any street or highway or any building used for human habitation. 4_ Failure to meet the requirements of this section shall result in the City initiating enforcement nroceedings in compliance with Titlr'_3 of the Municipal Code. 17.+3:02062,030 Keeping of Small Animals SA. Applicability. The keeping of small animals such as sheer), goats, dogs, rabbits. birds and similar animals as defined in Chapter 8.08 of the Municipal Code, is permitted as follows;. -Unless otherwise stated. the number of animals nennitted shall be a maximum number for each category as shown below: Minimum Lot Square Birds (Excludingi Dogs o, Cats - Other Small Footage Poultry) and Rodents Animals Up to 15,000 3 3 6 41 15,000-20,000 9 3 6 3 20,001-25,000 12 3 6 4 January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 2 0 0 CJ CJ 25,001-30,000 15 3 6 5 30,001-35,000 18 3 6 6 35,001-1 acre 21 3 6 7 Greater than I acre 24 Ler acre 4 10 & per acre All dogs and cats shall be kept in compliance with the requirements of Tide 8 of the xtnaieipal-Municipal eedeCode. Goats, sheep, miniature horses, potbellied pigs, poultry (excluding roosters) wh eh shall he umHitted .n loLq ..F p. meh ..f and ha.:Rg a rain m afee of one aef., and other similar animals. that we gh less than three L ndFed (300) pounds as defined in Section O 08 0 of f .Roosters shall be pennilted on lots or parcels o3land greater than one acre in area, at a ratio of one rooster per acre. 1. Young animals bom to a permitted animal kept on the site may be kept until such animals are weaned (dogs—four (4) months). 2. All exefement peedoeed by said small manals shall be di9p%ed Bf SH a Fegulff basis SO as te eEMRtF6I A OS MW SEISF. 32. Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the above permitted and one additional small animal. 41. Sale of eggs, honey or similar products shall be permitted on lots or parcels of land where the keeping of such animals is permitted. GB. A minor use permit is required for the keeping of small animals in excess of the numbers permitted by this section. r"-' 00 3 24'90i OM 01 c 2'27,'Q!i nd n< 1 C. Standards. I. Enclosure. All animals shall be properly caged or housed, and must be kept in their corals, bams. pens or other enclosures. All such structures shall be fenced or otherwise enclosed to adequately confine the animals In addition. all such structures or other enclosures shall be classified as an accessory structure and are subiect to the development standards of the underlvine zone in which it is located. 2. Maintenance. All buildings used in conjunction with the keeping of small animals including animal enclosures and all other animal keening areas, shall be maintained free from litter, garbage and the accumulation of animal excrement All excrement produced by said small animals shall be disnosed of on a regular basis so as to control flies and odor. 3_{a-aeeewitbin addition to Los Angeles Coun[v Health Deoarlment requirements all buildines or structures. including, but not limited to bums corals training arenas etc., used m cgniunetion with the keeping of small animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation. 4. All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located. 5. Failure to meet the requirements of this section shall result in the City initiating enforcement proceedings in compliance with Title 23 of the Municipal Code. 17. P414062.040 Keeping of Wild Animals. A. Applicability. The keeping of the following wild animals. as defined in Chapter 8.08 of the Municipal Codeis permitted in accordance with this SseMio: 1'.-r,.13..^o2a^: —Antelopes, —Armadillos, January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 3 —Badgers, —_Beavers, —Camels, —_Deer, —Foxes, —Giraffes, —Kangaroos, —Koalas, —Minks, —Ostriches, —Otters, —Peacocks, —Porcupines, —Pmirie Dogs, —Raccoons, —Seals, —Wallabies, —Zebras, and —Other similar animals or wild animal hybrids which, in the opinion of the Director, are neither more obnoxious nor detrimental to the public welfare than the animals listed above. Animals Prohibited by the State of California shalt not be allowed to be kept within the City of Santa Clarity (Califomia Code of Regulations. Title 14. Section 671). 61. The number of animals permitted to be kept shall be determined by the Director based on the minimum square footage requirements for similar permitted animals. B. Standards. 61. All structures used in conjunction with the keeping of wild animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation. 92. All excrement produced by said wild animals shall be disposed of on a regular basis so m to control flies and ^ ' ^ odor.(—. �5 1 j^�'^5 Q Chapter 17.63 AUTOMOTIVE USES SECTIONS: 17.63.010 Purpose. 17.63.020 Car Washes. 17.63.030 Fuel Sales. 17.63.040 Tire Stores. 17.63.050 Vehicle Repair Caraees. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 4 U is 0 • 0 17.63.010 Purpose. It is the Purpose of this chanter to establish regulations for certain automotive uses within the Citv which have characteristics and performance requirements which are not covered by the property development requirements of the zones. These standards are in addition to the property development standards of this Code 17.63.020 6 Car Washes. All ervice car washes shall conform to the following requirements: +A. The wash rack and any other enclosed work space shall be constructed and arranged so that entrances, zits and openings therein shall not faceany in any residential zone..m-shall be adequately screened and noise buffered from the residential zone(s) and shall be screened from view from the Public right-of-way, to the satisfaction of the Director. 2B. There shall be no more than one driveway to any one street for each development site unless modified by the Directorof Core- muPf Development. 3C. Except for se4€ser+tiermanual car washes, agueue waiting area for incoming cars of not less than two thousand (2,000) square feet shall be provided. An area bevond the exit end of the washing equipment of not less than three thousand (3.000) square feet shall be provided for the hand finishing of the washing process. D. Automated self-service car washes shall havegueuine'sucking space before the entrance or keypad 3E. Servicing of motor vehicles, other than cleaning. polishing and the dispensing of fuel and oil shall not be allowed unless the facility also meets all requirements for a -ser eestatienvehicle repair garage. 6F. Wash and rinse water shall be fully reclaimed and recirculated at full service car washes Additional non -reclaimed water reguired to account for losses due to evaporation, or ancillarv/unavoidable water lOSS, M aleF Samied But OR vehieles as a Fesult of theif having been washed, and simil iF loss" is -7G. SH. 91. Self-service automated car washes shall be permitted as accessory uses to automobile service stations and shall be located no closer than fifty (50) feet from a residential zone unless modified by the Director _ Public restrooms shall be provided. 17.63.030 13. Gas Fuel Salamis. All facilitieswith-eemkineA F[ tat, lel gas, sales-snd-fuel. an&or that combine such sales with auto repeiFsewieeser self-service automated car washes in a single location shall conform to the following requirements: +A. Buildings shall be located close to the street and, to the extent possible, shall shield pump islands and uses on the site. Where buildings cannot shield pump islands or self-service automated car washes, landscaping and earthen beans shall be used to create a visual buffer between the fueling station and the public riehtof--way. as well as adjacent pronerties and uses. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 5 2. Meehaaieal sen, eing or grew ng el� ameeks less than one and eme half ton enpoeity OF aidUsanial equipment of any type of ehaeaeiep shall he peniiined. Sep iee fiff tMelES gKOW than ene and ene 3B. Sale of merchandise, clearly incidental to the automotive industry shall be permitted only within an enclosed building. Merehand se d splay shall he t3emitted an eaeh pu np sla idi pfavided, that the 4C. Parking area shall not be permitted to block ingress to or egress from pump islands. eFsewiee-hays 3D. There shall be no more than one driveway to any one street for each development site, unless modified by the Director. 6E. The outer radius of any fuming area to all pump islands shall be a minimum of twenty-five (25) feet. ?. Self sen kee autaniated eaf washes shall be peFmiRed as aeeesseFy uses to go sales and shall be ,hOR C0. (50) feet fFBIN H ...'A..,,'01 ZARe Unless dif -A 1. the Diff. -...- ..f 9F. Public restrooms shall be provided. 9G. Propane tanks are allowed as an accessory use to a fuel gas -sales facility. T'irey-The tanks shall be screened or landscaped, and set back from any right-of-way in a location that is satisfactory to the Director of Ce nmunky De _ opm '. Propane tanks shall be painted to match the primary buildings) on site or integrated into the surrounding landscaping. Corporate signs or color bmndine shall not be nemitted on the mnk(s). H. State -mandated vapor recovery equipment shall he screened from public view, landscaped, and set back from the public right-of-way. subject to the approval of the Director. The eouipment shall be painted to match the primary building(s) on site or to match surrounding landscaping. Corporate signs or color bmndine shall not be permitted on the vapor recovery equipment 1. All light generated by canopy lights, parking lot lights. or other sources on site, shall be focused downward to reduce Blare and shall be shielded so as to prevent spillover onto adjacent oroperties. J. Drive-through lanes shall comply with the development standards and regulations set forth both in the Community Character and Design Guidelines as well as Section 17.66.030 (Drive-through Uses) of he Code. K. Each new gas station/fueling facility shall be designed to accommodate fuel delivery trucks onsite. In no circumstance shall fuel delivery trucks block required driveways, drive aisles, or the public right- of-way in the course of routine fuel delivery. 17.63.040 Tire Stores. All rrew dm stores shall conform to the following requirements: }A. All repair activities must be conducted within an enclosed building. All goods and equipment shall be stored, and activities. maintained or carried on inside a building. There shall be no hoists or wheel alignment racks outside. 2B. Used tires not for sale to the general public shall be stored inside the building or shall be stored outside within a six (6) foot high masonry wall enclosure. No tires or other material shall be stacked higher than the enclosure. The enclosure shall be located in the rear portion of the property. 3. SeMeing of mueles equal to ef less than one and ane halffen sapseity shall he pemilted. Se�,ieiflg a tfueles greatep then one and one half ton ealseei", shall nef be permitted 17.63.050 1,. --Vehicle Repair Garages, All aew-vehicle repair garages shall teconform to the following requirements. 4A. All activities shall be conducted within an enclosed building. All goods and eaumment shall be stored and set %, ties maintained BF -A W -R inside a building. No hoists wheel alignment maks, or other equipment shall be located outside of a building. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 6 0 • 0 • 2B. Work stations used for the repair of vehicles may not be counted toward meeting the off-street park- ing reguirement. 4C. All hazardous waste must be stored within an enclosed building or underground tank. 3D. Service bays shall not oven toward residentially zoned vmverty or the public right-of-wav unless adequately screened to the satisfaction of the Director _ 6E. Each lube station is required to provide a minimum three (3) car stacking area This stacking area shall be screened from the public right-of-wav to the satisfaction of the Director -fes. ^�..—� -'� PeN M, January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 7 Chapter 17.66 SECTIONS: 17.66.010 Purpose. 17.66.020 Alcohol Sales. 17.66.025 Cottage Food Operations. 17.66.030 Drive -Through Uses. 17.66.040 Electrical and Cogeneration Facilities. 17.66.050 Gating of Access and Roadways. 17.66.060 Hazardous Waste Facilities. 17.66.070 Homeless Shelters. 17.66.080 Joint Livino and W'orkinE Ouarters. 17.66.090 Kennels. 17.66.100 Lone -Term vendors. 17.66.110 Self -Storage Facilities. 17.66.120 Small Wind Energy Svstems. 17.66.130 Solar Panels, 17.66.010 Purpose. The purpose of this seetienchaotvr is to detail specific development requirements for certain uses within the City which have characteristics and performance requirements which are not covered by the Drumm development requirements of the zones. These standards are in addition to the oroperty evelopment mQuirements of this ehepterCode 17.66.020 Alcohol Sales. A. Applicabilitv. L All new alcohol sales uses which offer for sale alcoholic beveraees for on-site or off-site consumption shall be re uired to obtain a minor use pennit or conditional use neranit in accordance with Chapter 17.43 (Commercial Use Types) of this code unless otherwise stated in this section and shall comply with the provisions of subsection (B) of this section The provisions of alcohol sales uses shall be applied to the following: a. Alcoholic Drinking Establishments: b Alcohol Pmduction/Stomge (on-site consumption): c. Banquet Facilities; d. Bars January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 8 0 r1 U 11 • e. Liquor Stores: f Nightclubs: and g. Supermarket/Grocery Store (on-site consumption). 2 The following alcohol sales uses are not subie t to a minor use permit or conditional use Demi[ however, shall comply with the provisions of subsection (B) of this section' a. Alcohol Production Storage (no on-site consumption): b. Convenience Store c. Discount Store: d. Dmg Store: e. Restaurants: f Supennarket/Grocery Store (no on-site consumption): and g. Sum market/Gmcery Store and Discount Stores offering on-site tastine events of alcoholic beverages. pursuant to the reguirements of the Califomia Dgpartment of Alcoholic Beverage Control. B. Development Standards. The Director may impose conditions consistent with this Code and shall require conformance with the following: 1. The proposed use shall comply with all provisions of the reuuirements of the California Depamnent of Alcoholic Beverage Contml' 2. The imposed use shall comply with all of the applicable Los Angeles County Health De annrent requirements; and 3. For restaurants, coffee shoos. delicatessens, snack bars and similar uses which ur000se to sell alcoholic beverages for on-site consumption full -menu food service shall be available at all tintes that alcoholic beverages are offered for sale: and 4. Other conditions as the City deems necessary for the safe, quiet, compatible and nuisance -free operation of the use or establishment in relation to sensitive land uses. including but not limited Department. A All cottage food operations shall comply with the requirements of the Los Angeles Coun[v C- Onlv cottage food umdums produced at the cottage food operation may be sold at the dwelling unit January 2013 1 DRAFT Chapter 17.17 — Spmial Uses and Standards Page 9 & No exterior alterations of the dwelling unit involved shall be made which would change the residential a.m. to seven .m. Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays, constitutes a nuisance, or when the use is in violation of any statute, law, or regulation. M. Additional conditions maybe applied as deemed necessary by the Director. 17.66,030 Drive -Through Uses. Drive-through facilities shall adhere to the following reouirements: A. Each drive-through lane shall be separated from the circulation routes necessary for inaress or e from the Prouem, or access to any Parking space. B. Each drive-through lane shall be striped. marked, or otherwise distinctly delineated. C. The principal Dedestrian access to the entrance of Ore drive-through facility shall not cross the drive- through lane. D. The vehicle stacking capacity for uses containing drive-through facilities shall be as follows Use Stacking Reauirements DFiveDrive- Through (with or without seating) Stacking for four (4) can between the order board and the pick-up window and stacking for six (6) cars behind the order board. In no event shall a total queuing length of less than two hundred (200) feet be maintained. Bank Drive -Through Stacking for five (S) cars for each window or automated teller machine. Drug Store Drive -Through Stacking for three (3) can for each window. Auto uses_ gich eenveshe� oil change facilities and Similar uses Stacking for three (3) cars free and clear of the drive aisles and narking areas. I7.66.040 E -.—Electrical and Cogeneration Facilities. A Purpose. It is the purpose and intent of this section to regulate any electrical or cogeneration facilities Development Standards. in -A -- - the `-a'--- -- - " • __a,, _The Ptanaing Commission shall not approve an application for a conditional use permit for electric distribution substations, electric transmission substations, electric generating facilities or steam and electric January 20131 DRAFT Chapter 17.17 - Special Uses and Standards Page 10 0 • r 1 U 11 cogeneration facilities unless the information submitted by the applicant and/or presented at the public hearing on the application substantiates -cora lies with the followin fundings: 1. The uses alI utilizes the best available control technology to reduce air pollution; 2. The use will -shall not produce any emissions which exceed the standards established by the South Coast Air Quality Management District or has provided equivalent offsets in the Santa Clarita Valley; 3. The use wi&shall not operate during periods of Lnhealthy" air quality f±t�wage-smaga in the Santa Clarlm Valley, as defined by the South Coast Air Quality Management Districp 4. Noise levels from the use w4Fshall not exceed the ambient noise levels at the boundary of the proposed site; 5. Water vapor emissions from the use will --shall be reduced by utilization of the best available control technology and will not significantly increase humidity at the proposed site; 6. The use s all wi&not emit odors which can be detected at the boundary of the proposed site; 7. The use s all vAWbe reasonably protected from geologic hazards; 8. The use shall wi&not contribute to the degradation of the underlying aquifers or surface runoff; 9. Lighting proposed for the use shall w44 -not have an adverse impact on adjacent properties; 10. The use shall wi&be adequately screened from surrounding properties. Any property containing a electrical or cogeneration facility shall have any associated equipment screened from view with the installation of decorative screening walls, landscaping and/or other methods as determined by the Director; and 11. The use shall will -not utilize or produce hazardous materials that are not adequately protected against accidental spillage, discharge or release at or from the proposed site. 17.66.050 1t.Gating of Access and Roadways. All proposed permanent gates in residential areas shall be subject to the following requirements. Tennuorary barriers erected for emergency response, repair or special even[ yumOses are not subject to these requirements. Driveways. Public or ornate madways, or other accesses are considered roadways for the purrose of these Rating re uirements. Gating requirements for the Sand Canyon Special Standards District is Provided in Section 17 39 030 (Sand Canyon Special Standards Distrito of this Code +A. Public Roadways. Gating of Public roadways is prohibited 2B. Private Roadways Serving One Sinele•Family Residence. Gating for this use is permitted subim to an administrative approval by the Director, subject to the residential develo ment standards as defined in Chapter 17.57 IPropeny Development Standards - Residential} _free. ON __ E. Commercial Property Gating. Commercial Property gating may be approved subject to approval of a minor use Permit. All commercial Rates shall meet the Residential and Commercial Gating Standards as outlined within this section Where commercial properly may be affected by a propesed Rate subject to a minor use permit or a conditional use Permit. the, epolicant(s) shall submit an January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page I l economic analysis as part of the application submittal to address the economic impacts of the Pate upon affected commercial properties. F. Residential and Commercial Gating Standards. Any Patine proposed for two or more residential units, any multi -family units, mixed use developments, or commercial/industrial property must meet the following criteria: al. The gate shall not block area -wide through routes or block access for roadways to serve future develonment. b2 All property owners within the area to be gated shall agree to be part of the application unless all property owners within the area to be eated are members of an operative homeowners' association (HOA) or ymperty owners association (POA). in which case the application shall be made by the HOA or POA. e3. Adequate stacking distance. turnaround areas, public safety elements and signing shall be included in the gate design. All Rates shall meet Eire dDepartment requirements and provide vehicles. e5. An `omen . -., a;;a;ai;on HOA POA and/or other appropriate entity shall pmvide for ongoing, private maintenance of internal streets, gate equipment, walls and Iandscaping.Aie-pahFie €6. The gate design and implementation shall be such that it does not pose a threat to public health safety or welfare. 7. Gating of any property shall be consistent with the General Plan. 17.66.060 F.Hazardous Waste Facilities. 4A. Purpose. Hazardous waste facilities shall be subject to the provisions of this section to assure adequate protection of public health and the environment without imposing undue restrictions on hazardous waste facility projects. These regulations are in addition to State and federal regulations; in the event that a conflict with these regulations exists, State and federal regulations shall prevail. 2B. Regulations. al. General Definitions. Unless otherwise provided, the words and phrases used in this section shall have the meanings set forth in Division 20, Chapter 6.5, Article 2 of the California Health and Safety Code (commencing with Section 251 l0) and Section 25199.1 of the California Health and Safety Code, and as such provisions are amended from time to time. (-ya. Residuals Repository. "Residuals repository' is defined pursuant to the definition contained in the Los Angeles County Hazardous Waste Management Plan. b2. Procedures for Applications for Land Use Decisions. In addition to the procedures specified in this chapter, applications for bazardous waste facilities shall be processed in a manner consistent with the provisions of Division 20, Chapter 65, Article 8.7 of the California Health and Safety January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 12 0 0 9 Code (commencing with Section 25199) and as such provisions may be amended from time to time. (+)a. Criteria. All hazardous waste facility projects most meet the criteria listed herein unless the City -Council determines that one or more criteria should be relaxed to meet an overriding public need identified by the Council. (2)b. Public Notice. Not later than one month prior to any public hearing scheduled either by the City or the Governor's Office of Permit Assistance, the applicant shall provide three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants and businesses within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant. e3. Contents of Application. Every application for a hazardous waste facility project shall be made in writing to the Director of Community PeN elopmem on the forms provided by the Director -of Commas t� PeN elopmem, and accompanied by a filing fee as established by the Ctity-Council by resolution. 44. Standards and Criteria MR. Consistency with Siting Policies. All hazardous waste facility projects in the City of Santa Clarity shall be consistent with the ha�ivdaas waste siting leeati n en -- - - - Element efaoals and policies of the Seats-0a6ta General Plan and the provisions of this section. (2)b. Consistency with the General Plan. The proposed facility shall be consistent with all general plan requirements, zoning ordinances and other planning actions or policies that were • in place at the time the application was deemed complete. (3)c. Changes in Real Property Values. The applicant shall fund an independent study of the effects of the facility on real property values within the City. While the proponent shall fund the study, in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee. (4)d. Direct Revenue to Local Jurisdictions. The Council may, at its discretion, explore, review and impose appropriate taxes, user fees and other revenue or compensation options. (*. Changes in Employment. The applicant proponent shall fund an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee. (4)f. Excess Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Santa Clarim and not currently being managed by a facility located in Santa Clarita unless satisfactory compensation is made to the City or a joint powers agreement or intergovernmental agreement provides otherwise. (7)g Compatibility with County Hazardous Waste Management Plan. Any application shall clearly demonstrate compatibility with the portions of the County of Los Angeles Hazardous Waste Management Plan that identify siting criteria for hazardous waste facilities. ($)h. Land Use Compatibility. The application shall demonstrate that the hazardous waste facility is highly compatible with land uses in the vicinity of the proposed facility. For a January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 13 0 residual repository, the distance from the active portion of the facility to the nearest residence shall be a minimum of two thousand (2,000) feet. (9)_. Compatibility of Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Preservation Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled on the location of the facility. Oft. Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flesh floods and debris flows. All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent release or migration of hazardous wastes in the event of inundation. "k. Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum two hundred (200) foot setback from a known active earthquake fault. (I. Slope Stability. Residuals repositories are prohibited in areas of potential rapid geological change. All other facilities shalt avoid locating in areas of potential rapid geological change such as fault areas, areas subject to liquefaction, subsidence and/or landslide areas unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes. "M.Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area. (#)n. Aqueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to . the contamination of drinking water supplies. (4-*. Discharge of Treated Effluent. Facilities generating wastewaters shall he located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. Such discharge shall be pre-treated m necessary prior to discharge into the sanitary sewer system. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of treatment and surface discharge. "p. Proximity to Water Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any immediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field unless an effective hydrogeologic barrier to vertical flow exists. Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are pmbibited in areas where the highest anticipated seasonal high elevation of underlying groundwater is ten (10) feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility most be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist. Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interfonnational transfer of water. (+8)r. Proximity to Habitats of Threatened Endangered Species. Facilities are prohibited in habitats of threatened or endangered species unless the applicant can demonstrate that the habitat will not he disturbed and the survival of the species will not be threatened. (14)s. Recreation, Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 14 0 0 (fit. Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports. All other facilities shall avoid locating on or new lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented. "I. Distance from Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility. (42jv_. Structures Fronting Truck and Transportation Routes. Facilities shall be located such that any #uek track or transportation route to and from State or interstate divided highways or rail lines contain a minimum number of nonindustrial structures and sensitive uses (homes, hospitals, schools, etc.). (}})w.Closure and Post -Closure Plan. The applicant shall submit to the Director- offemmmtity 9eveispment a written closure plan and post -closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Directmr f (214)z. Financial Responsibility. Prior to issuance of a permit to begin the use identified in the Ind use decision, the applicant shall submit to the City Manager proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or State agency. (2-54y. Indemnification. The applicant agrees to protect, defend, indemnify and render harmless the City of Santa Clarita and its Gity-Council, City Manager and all officers, employees and agents of the City against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the site. (-26)z. General Conditions. The City may impose, as necessary, conditions and standards other than those presented in this subsection and in the Santa -Cluite-General Plan, in order to achieve the purposes of this chapter and to protect the health, safety, or general welfare of the community. (-2 4M Mandatory Conditions. (A, Safety and Security. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry of persons, livestock or wild animals onto any porion of the facility. (i32) Surveillance. The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility. (63) Fencing. Perimeter fencing shall be constructed to the satisfaction of the Director-ef (944) Signage. If not inconsistent with the requirements of other laws, signs with the legend "DANGER — HAZARDOUS WASTE AREA — UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five (25) feet (S5) Reports. The owner or operator of a facility shall report quarterly to the Publie t3epertmamMCity Engineer the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantifies and types of materials placed in repositories or otherwise stared or disposed of on-site. . January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 15 0 (P6) Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions and other requirements which the City of Santa Clarim is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted. (67) Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, regional, State or federal agencies to the Directo 4Genanun ty Devel6timent. (8$) Emergency Response Plan. An emergency response plan shall be prepared and updated annually, signed by all management personnel and by each person at the facility who has emergency response responsibility, and distributed to all local emergency response agencies, the PiFeetff _r __d E__:______ r__.:___cily En incer and the Director Geinnaamt� Pe elarm nt. The emergency response plan and the annual updates shall detail specific procedures to be undertaken in the event of an emergency. (19) Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the approved site must be approved by the City through an amendment to the Conditional Use Permit before such modifications occur at the facility. (A3) Contingency Operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency operation pian, including emergency heliport capability if necessary, approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the City Manager, Directorof Community Development, Sheriff, the Fire Chief, each hospital within twenty (20) miles and the Los Angeles County Department of Health. (&I I) Environmental Monitoring Report Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director --of (61 2) Release Response Costs. The facility owner/operator shall be responsible for all costs incurred by the City of Santa Clarita and its officers, agents, employees or contractors, or other agencies responding in accordance with mutual aid agreements, for responding to a release of hazardous wastes at or en mute to or from the facility. (M13) Extremely Hazardous Wastes. Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Director -of Cerxawaity De%eiepmeat at least forty-eight (48) hours prior to such storage, treatment, disposal, or transportation. (N14) Duration of Land Use Decision. The life of the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion. (015) Compliance Costs. All costs of compliance with this chapter shall be home by the facility owner/operator. (P16) Enforcement The City of Santa Clarita may employ any and all methods permitted by law to enforce this chapter. 17.66.070 -Homeless January 2013 I DRAFT Chapter 17.17 — Special Uses and Standards Page 16 11 I* r� u 9 a (6) Months) unol penarafte"t housing is found. These faetlities genera!15 pfev de mferrals to othe agene es, meals, eauriseling and .. __-_. The following standards apply to all homeless Shelters: 4A. Th"Homeless shelters shall maintain a maximum occupancy not to exceed sixty (60) individuals. 2B. Homeless shelters shall Provide on-site waiting. and intake areas screened from public view. 3C. The homeless shelter shall Pmvide on-site management with security during operational hours *. 4D. Parkin areas shall be paved to the satisfaction of the Fire Denartment and Citv Engineer. 3E. The homeless shelter shall be well lit during operational hours and be in confit mance with Section 17.51.050 (Outdoor Lighting Standards). 6¢. Nameless shelters shall be allowed to have intake between the hours of five P.m. to eight p.m. or at dusk, whichever is sooner, and may discharge Patrons from eight a.m. to ten a.m. the following day. i. Homeless shelters shall abide by all applicable development standards as set fords in this eCode. H. A homeless shelter shall not be located within 300 f t of a private or public primary or second sclmol, public or private parks and community centers. a. A live/work unit shall have a minimum floor area deemed to be appropriate by the Director. b. The commercial portion of the live/work unit shall constitute between 25 percent to 45 percent of the total Floor area, unless otherwise approved by the Director. e._A ground -level live/work unit with street frontage shall devote the street frontage of the building to commercial space. 2. Unit Access. Senamte access shall be provided for the living space and the commercial space. 3. Access Between the Live/work Space. a. There shall be direct access between the working and living spaces within the live/work unit. b. All units shall comply with applicable handicapped accessibility reauirements. c. On parcels where the live/work space constitutes- a front and back structure, the commercial use shall occupy the front structure on the street. d. The works ace shall not be leased serramlely from the living spam conversely, the living space shall not be leased separately from the working space. 4. Occupancy and Employees. a. At least one full-time employee of the business activity occuyvinp the live/work unit shall also reside in the unit: conversely at least one of the persons living in the "live" portion shall work in the "work" portion. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 17 b. The business activity occupying the live/work unit may utilize nonresident employees as necessary. 5. Land Use. Uses shall be permitted based on the underlying zoning, designation or consistent with uses traditionally found in a neighborhood commercial land use designation. 17.66.090 I1. Kennels. _All new kennels shall conform to the following requirements: 4A. All excrement produced by said kenneled animals shall be disposed of on a regular basis so as to control flies and odor; 2B. All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located; 3C. No animal runs, exercise meas or keeping of the kenneled animals shall be located within the required front, street side or side yards of the zone in which the site is located or within one hundred (100) feet of adjoining residences; 4D. The minimum lot size shall be two (2) acres in residential and-egrierdnnpFzones. 17.66.100 Q.—lane-Term Vendors. All new long-term vendors shall be required to obtain approval of a minor use Permit. The Director of Gemanatky Develepmen'may impose conditions of avproval and shall not approve an application for a minor use permit unless the information submitted by the applicant substantiates each of the following requirements: A4. If selling food, the applicant shall ebtaio-ecomoly with all Los Angeles County Hhealth Department rmuircmentspeRpit. 62. A maximum of one Ione -term vendor is permitted ver shopping center containing a minimum of three (3) acres and five hundred (500) feet of street frontage. C3 No long -tens vendor shall be located closer than three hundred (300) feet from any public right-of- way, D4. Lo -term vendors shall only be Permitted in front of anchor tenants of the shoppine center in which it operates, as determined by the Director E3. Long -tens vendors shall not be located further than ten (10) feet from the storefront facade of the anchor tenant. F6. At the minimum lone -term vendors shall provide a five (5) gallon trash can. G_4. All equipment used for operating shall be completely removed from the premises daily. No permanent structures are permitted. H8. Notwithstanding the Provisions of subsection (C) (General Provisions) of Section 17.+9:08051.080 of th�_eCode. no temporary or Permanent signage is permitted. 10. Long-term vendors shall not be vlaced in fire lanes. Parking spaces. required setbacks or interfere with the circulation of shopping center in which it is located. 17.66.110 1—Self-Storaee Facilities, 4A. Purpose. The Citv's intent is to limit the visibility an&or adequately design£self-smraee facilities alon pfamerymabr and second highways m anpear as a stmcmre, or use. anticivated for the surrounding land uses. 2B. Development Standards. All new self -storage facilities shall conform to the following requirements: al. Self-stomee facilities shall be designed and developed in a manner compatible with and complementaty to existing and potential development within the immediate vicinity of the moiect site. b. The ffliflifflUffi let Sfeli shall be tW8 (2) Was January 20131 DRAFT Chapter 17.17 - Special Uses and Standards Page 18 0 9 E 0 • 0 e2. Unless otherwise designed to be consistent with another building type, self -storage Steragefacilities shall be entirely enclosed by split faced or decorative. solid mesonry walls, or other material as aoproved by the ADmoving Authority, at a minimum of six (6) feet in height d3. Building height shall not exceed two (2) stories and/or ` etthi,-five (35) feet, unless it is an architectural feature having no storage capacity, Building height proposed beyond the e4. a minimum width of ten (10) feet. F. 6f semiees _u _ __w:__ __ ____ ___ ___ _r__. d ___:.____ _.SIOM9 i_r g5. Buildings shall be desipned, located and/or screened so that views of overhead doors and/or intim driveways within such facilities are not readily visible from adiacent roads M. On�retaker's residence shall be permitted subiect to single-family residential de eloomem standards. 47. The applicant shall provide before and after photo simulations of the facility. A f-xtensiveFLandscaoine shall be incorporated into the project to screen the facility from Pubhc view to the greatest extent possible Maintenance of the approved irrigation and landscaping shall be maintained in perpetuity. Expansion _f__fa__: on of _ __r_.____ coni. existing an the _x__.: _ d_.,. Orth_ __di_____ 17.66.120 f>—Small Wind Energy Svstems. All small wind energy systems shall conform to the following reuuiremenm 4A. Small wind energy systems shall not be Permitted on parcels of less than one (1) acre in size. 2B Tower heights of not more than sixty-five (65) feet shall be allowed on parcels between one (1) and five (5) acres and tower heights of not more than eighty (80) feet shall be allowed on parcels of five 5 acres or more provided, that the application includes evidence that the imposed height does not exceed the height recommended by the manufacturer or distributor of the system. 3C. S stem towers must be set back from the ymnerty line equal to the height of the Proposed system tower. Provided, that it also complies with any apolicable fire setback requirements 4D. Decibel levels for the system shall not exceed the noise standards of the municipal code. -5E. 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 January 2013 1 DRAFT Chapter 17.17 – Special Uses and Standards Page 19 adjaeent Fesidentially zoned pmpefty. Roof raeuisted dish antennes shall be semene leadseapiag. ' 2—Solar energy systems shall conform to the following requirements: aA. Regulation and permitting of solar energy systems is a Class I approval in accordance with the State regwrements.--- bB. Review of the application to install a solar energy system shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state, and federal law. eC. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. AD. The City reserves the right to require a minor use permit if ache Building Official of the City has a good -faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety. T'he topaefA minor use permit regaimd is required at the discretion of the Director O�Gefflffiurik� Development. eE. The City shall not deny an application for a minor use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, meaning a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. #F. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. gQ. The decision of the Building Official pursuant to requirement of a minor use permit or the denial of a minor use permit maybe appealed to the PlanningCommission. hH. Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible: including, but not limited to, the screening of exposed conduit or other mechanical or electrical equipment. il. A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. jJ. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation. kK. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. January 2013 1 DRAFT Chapter 17.17 – Special Uses and Standards Page 20 0 • 0 0 January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 21 0 Chapter 17.69 WIRELESS COMMUNICATIONS FACILITIES AND SATELLITE DISH ANTENNAS SECTIONS: 17.69.010 Purpose, 17.69.020 Exemptions. 17.69.030 Development Standards. 17.69.040 Abandonment. 17.69.050 Additional Submittal Requirements. 17.69.060 Satellite Dish Antennas. 4-17.69.010 Purpose. It is the purpose and intent of this seatie ha ter to regulate wireless communication facilities in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to properly review and construct public wireless communications facilities in the City, thereby reducing or eliminating any adverse effects from such facilities. The provisions of the sea4en-chapter have neither the purpose nor enact of imposing a limitation or restriction on the activity nor the operation of such facilities. However, regulating the aesthetics of wireless communication facilities is a core objective. 2-17.69.020 ApplieabHityExemotions. 'A. Notwithstanding the other provisions of this seewexchapter, the following uses shall be exempt from the provisions of this seetir�chaoter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption: (1.4 Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct -to -home satellite service, as defined by Section 207 of the Telecommunications Act of 19%, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission; and (2,4 Any antenna structure that is two (2) meters (78.74 inches) or less in diameter, is designed to transmit or receive radio communication by satellite antenna, and is located in commercial or industrial zones within the City; and (3,j Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, as defined by Section 207 of the Telecommunications Act of 1996 and Section 1.400 of Tide 47 of the Code of Federal Regulations; provided, that no part of the antenna structure extends more than twelve (12) feet above the principal building on the same lot. bB. The following uses shall be exempt from the provisions of this seep vcbaotcr at all times. provided that structures meet the setback requirements of the underlying zone: (L)Any antenna structure that is designed to receive over -the -air UHF and/or VHF television broadcast transmission. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 22 0 is 0 r� u • 0 Q..) Any antenna structure that is designed to receive over -the -air AM and/or FM radio broadcast transmission. (3_) Any antenna structure that is used by authorized amateur radio stations licensed by the Federal Communications Commission. 347 69.030 Development Standards. All wireless communication facilities which are installed, erected, or modified following the effective date of the ordinance codified in this s-�chaoter (besides those exempted in sabsSection I .69.020 (Exemptions) _ ) shall conform to the following requirements: A. General Wireless Communications Facilities Standards. I. Wireless communication facilities shall not bear any signs or advertising devices other than cer- tification, warning, or other required seals or required sienage. 2. No permittee shall unreasonably restrict access to an existing antenna location if required to co - locate by the City, and if feasible to do so. 3. All antennas shall be designed to prevent unauthorized climbing. B. .Aesthetic and Screening Standards. L. All facilities shall be screened from public view by landscaping to the extent possible. 2_b—Public wireless communications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening. e—All building and roof -mounted wireless telecommunications facilities and antennas shall be designed to appear as an integral part of the structure and located to minimize visual impacts. 4_d—All antennas and support structures shall be painted and/or textured to achieve architectural compatibility with the structures for which they aro attached and/or located. If ground -mounted, the antenna and support structure shall be painted, textured, landscaped or otherwise camouflaged as much as possible to integmte the structure into the environment. 5. All accessory eauipment associated with the operation of the public wireless communication buildings and include sufficient landscaping to screen the structure from view, color, texture and/or materials of the building. 8. All electrical support equipment located within cabinets, shelters or similar structures shall be screened from public view with lattice, vegetation, grading or other appropriate screening Roof - mounted electrical support euuioment shall be concealed. 9. The placement of new antennas and facilities shall not be Physically obstructive or visually intrusive. 10. All ¢round -mounted facilities shall be designed to be consistent with the design, color and envi- ronmental aesthetics in the area where they =located to mitigate visual impacts. C. Siting Standards. I. Antennas shellmay be located on existing utility poles provided the antennas do not exceed the height of the utility pole. January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 23 2. All antennas shall meet the minimum siting distances to habitable structures required for com- pliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions. D. Noise Standards. 2. All wireless communications facilities and accessory wireless facility equipment shall comply with the applicable provisions of the City's noise ordinance. surrounding buildings and :__ludo su ffi.:__t lana_ _ping ._ sefe__ the sLmeture r_._ ..:-... Withim residential Roses, soond pfoefiftg measures she!' be used to Feduee neise soused b) . ambient noise le%,es _fth_ bu:i,l:_,. Roof mot na -d Aoenieal support equipment shMI be 1. A,nenn,s q�-11 be ioeated an exist ng utility poles vFeN ided the antennas do net eireeed the ^�.... 1lPm� M I WOHM -Ht-' -&Ah�A-9 in the -M- '141 -Fe the) Me 10effted W Mitigate Visual filpflets ge the efiv .. --n.-1 ffequefl.y a ffl:..s sm. qE. Development Guidelines. Public wireless communication facilities should conform to the following development guidelines unless the Gity—Approving Authority determines, in its discretion, that sutTicierajustification exists to the contrary: f lj Co -located with other public wireless communication facilities; (Z..40n existing structures such as buildings, communication towers, church steeples and utility facilities; January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 24 C, 0 0 (3,) Stealth facilities, flush -mounted and concealed antennas should be used whenever possible; (A,) In industrial/business park zoning districts; (5,) In commercial zoning districts; (6,) No antenna or facility should be located within five hundred (500) feet from a lot containing a residential structure or a lot zoned for residential use unless a conditional use permit is approved Co -located facilities shall be subject to a minor use oerrotq (7,)Ground-mounted facilities should be located only in close proximity to existing above -ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable heights, water tanks and in areas where they will not detract from the image of the City; (83 Major public wireless communication facilities are encouraged to locate beyond five hundred (500) feet of any existing, legally established major public or private wireless communication facility except when co -located on the same building or structure; (9,4 Applicants proposing new wireless telecommunication facilities must demonstrate that reasonable efforts have been made to locate on existing facilities. The applicant most provide written documentation of all efforts to co -locate the proposed facility on an existing facility, or antenna - mounting structure, including copies of letters or other correspondence sent to other carriers or rower owners requesting such location and any responses received. This should include information on lack of existing towers in the area, topography, frequency or signal interference, line of site problems and available land zoning restrictions as applicable; (I0,) All new wireless communication facilities shall be designed to accommodate co -location, when feasible. (A4a.)Co-location shall occur in a competitively neutral and nondiscriminatory manner. • (8J)No more than three (3) wireless communication facilities may co -locate at a single site unless the AjreeterApprovine Authority finds: ($) The net visual effect of locating an additional facility at a co -location site will be less than establishing a new location; or (92) Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility; (11,) In order to encourage co -location of wireless telecommunication facilities and maintain community aesthetics, applicants for conditional use permit or install a tower or antenna mounting structure at the time of original application submittal, may request subsequent applicants to be co -located on the same facility. Should the applicant make such a request, the following shall be provided: (Az.)Documentation identifying the total capacity of the structure, including the number and type of antennas that can be accommodated over the life of the project, (Bb.) Written statement of willingness to lease space on proposed support structure to other uses, (6F,)Reciprocal access agreement for accessory facilities, including but not limited to, poles towers, puking areas, access roads, utilities and equipment buildings. Upon approval of a conditional use permit by the Plans ng Gomftissia Aooroving Authori , The the Director of Community may approve a subsequent request to co -locate on the same facility as a minor use permit where no increase in height is proposed. Unless the facility is located in a residential zone or within five hundred (500) feet of a lot containing a residential structure or use, which shall require a conditional use permit; (12,) Facilities that mimic building architecture (church steeples, clock towers, tented windows, building treatments) in its immediate vicinity are encouraged; I (13.) Monopoles, monopalms, monopines and similar facilities are discouraged. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 25 4, 17.69.040 Abandonment. Lawfully erected public wireless communication facilities that are no longer being used shall be removed from the premises no later than ninety (90) days after the discontinuation of use. A public wireless communication facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements. aA. A written notice of the determination of abandonment shall be sent or delivered to the operator of the public wireless communication facility and the procertv owner. The operator shall have thirty (30) days, from the date of the notice, to remove the facility or provide the Director-e€£ernawnily Develepmern with evidence that the use has not been discontinued. ItB. All facilities determined to be abandoned and not removed within the required thirty (30) day period from the date of notice shall be in violation of the City ^f Santa C a unified d_. - -----• Conde, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of the City _f S__._ -•_ .._ 9ed4_.._._____. toe Code. -5-.17.69.050 Additional Submittal Requirements. aA. As part of the application process, applicants for wireless communication facilities shall be required to provide a master plan that identifies the location of the proposed facility and all existing and potential facilities maintained by the applicant within the City of Santa Clarita. (I,) The master plan shall reflect all potential locations that aro anticipated for system build -out with a minimum of one year with application submittal. (23 Applicants shall update master plans with every application white wireless telecommunications facilities are owned or operated within the City of Santa Clarita. bB. Under the California Environmental Quality Act, to determine cumulative environmental impacts, the applicant shall submit an annual report which provides cumulative field measurements of radio frequency (EMF) power densities on all of their antennas owned or maintained within the City of Santa Clarim. The report shall quantify the EMF emissions and compare the results with the current applicable Federal Communications Commissions regulations and standards. The applicant shall ensure continuous compliance with federal and State requirements regarding EMF emissions. C. As part of the application submittal, agolicants for a wireless communications facility shall be required to submit a minimum of three (3) photo simulations from various locations in the proposed ro'ect's vicinity. devicting the existing view and Pronosed changes to the visual environment. D As part of the application submittal applicants fora wireless communications facility shall be required to submit propagation maps, depicting the existing and Proposed cellular reception covera e at and around the project site. E. As part of the application process, applicants for public wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort to locate facilities in accordance with the development guidelines (subsection JA4F)(3)(e) of 94i _sSection IT60.030 (Development Standards)). 17.69.060 4- Satellite Dish Antennas. Satellite dish antennas shall conform to the following requirements: An. The height of dish antemas shall be measured from the highest point of Ole finished Grade adjacent to the structure if ground -mounted or from the point of mounting if roof -mounted. Bb. All dish antennas shall be treated as accessory structures and shall meet the height and setback requirements of the respective zone. Ce. Architectural review shall. be reunited _for _all dish antennas in excess of six (6) feet in diameter and/or hei ht. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 26 • n U 11 Dd. In commercial, industrial and business zones dish antennas may be roof -mounted or ¢round -mounted In either case, all dish antennas located within these zones regardless of height or diameter, shall be screened from (i) on-site parking areas. (ii) adjacent public streets and (iii) adiacent residentially zoned property. Roof -mounted dish antennas shall be screened architecturally, while ground -mounted dish antennas shall be screened architecturally or with landscaping January 20131 DRAFT Chapter 17.17 — Special Uses and Standards Page 27 January 20131 DRAFT Chapter 17.17 - Special Uses and Standards Page 28 n L� I* 0 ------------- .. Mw _ January 20131 DRAFT Chapter 17.17 - Special Uses and Standards Page 28 n L� I* 0 n LJ • • Chapter 17.65 HOME OCCUPATIONS SECTIONS: 17.65.010 Puroose 17.65.020 Applicability. 17.65.030 Prohibited Uses. 17.65.040 Regulations. 17.65.010 Purpose. It is the numo'e of this chanter to establish standards for businesses that are opera nut of a home which have characteristics andyerfrnnan e reuuirements that are not covered by the ppperty development requirements of the zone' All hone occupations shall bC subiect h aoproal of a hone occupation permit and shall comply with the provisions of this chanter 17.65.020 Applicability. The following is a list of uses subiect to the approval of a home occupation pernut within the Cim A. Telecommuting. communications by computer. H. Other uses as determined by the Director, 17.65.030 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 Urepm ion (not including home-based cottage food onerations). January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 29 firearm and ammunition sales and service,, on-site massage therapists, hairdressers, retail sales, vehicle storage, vehicle sales and vehicle repair, commercial kennels. commercial stables. breeding facilities and forensic testing. 17.65.040 Go-ktiewsRegulations. Subiect to approval of a home occupation permit, all home occupation businesses shall conform to the following requirements: A. There shall be no exterior storage of materials in the conduct of a home occupation. B A home occupation shall be conducted entirely within a dwelling Materials and goods incidental to the home occupation shall not he stored, and no nennanent work area, work bench or structure shall be built within either required ten (10) foot by twenty (20) foot earau parkine area. receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. E. Only the residents of the dwelling unit may be engaged in the home occupation. F. There shall be no sale of goods on the premises. I The reouired residential off-street parking shall be maintained. J. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. K No vehicles or trailers (including pick-up trucks and vans) or construction or other equipment. except those normally incidental to residential use, shall be kept on the site. L. Vehicle or engine repair shall not be permitted as a home occupation. M Visitation and deliveries incidental to the home occupation shall be limited to the hours of seven a.m. to seven p.m. Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays. and shall not be Dermitted on holidays. N. Businesses that incorporate food prmaration, firearm sales and alcohol sales are not vemitted in res- idential zones and are not pennitted by home occupation permits. O The home-based business shall cease, and the home occupation permit shall become null and void. SECTIONS: 17.67.010 Purpose. 17.67.020 Auoficahility. 17.67.030 Regulations. 17.67.010 Purpose. Chapter 17.67 TEMPORARY USES January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 30 • Ll n U It is the purpose of this chanter to establish standards for temporary uses. which have characteristics and perforprance requirements that are not covered by the property develonment requirements of the zones. All temporary uses shall comply with the provisions of this chapter. 17.67.020 Applicability. Ternnorary uses may be all wed for vennitted or conditionally vennitted uses sub' t to appmval of a temporary use oermit or conditional use permit. Temporary uses may include short-term and extended -tens special events, as established in Section 17.23.200 (Temporary Use Permit). 17.67.030 Regulations. Subject to approval of a ternoorary use remit, the followine temporary uses are vennitted and B. Christmas tree sales lots, Halloween Pumpkin sales, and other holiday sales operations, shall be allowed with a temporary use permit, subiect to the following requirements: I Hours of o eration shall be li ited to eight a.m. to ten .m., unless modified by the Director • event with a maximum of two events per calendar Year: 9. Parking shall be provided at the rate of I space for every 2,000 square feet of lot area used for i A* -A -G. paved parking lo[ with surrnunding landscaning shall provide sufficient parking spaces toaccommodate said use: 3 Offices shall be allowed for a maximum of two (2) Years or until ninety (90) percent of the homes January 20131 DRAFT Chapter 17.17 — Special Uses and Standards Page 31 0 S. Otter conditions that the Director deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood D. Rehizious, Patriotic,historic or similar displays or exhibits within Yards, Parkinizareas oE landscape H. Outside display or sales of goods equipment, merchandise, or exhibits, in a commercial, mixed use, or industrial zone, vrovided that: 1. Seasonal retail sale of aericultural nroducts (fruit and vegetable stands) for neriods of less than ninety 90 days. J. Temporary use of properly designed mobile trailer units for classrooms, offices, bands, etc., for peri- ods not to exceed ninety (90) days subiect to aovroval of the Director Requests for such uses of more than ninety (90) days in duration shall require the approval of a minor use permit by the Diree4er4pproving Authorm. sion is granted by the Property owner or business owner. Said bins shall be kept in a neat and orderly manner, shall not take up any required landscaping area or narking spaces, and shall not be visible from a public right-of-way. L. Carnivals exhibitions fairsfarmers markets, priyAtc nartyvehicle ale religious services, festivals Pageants, and religious observances on Uroyerty owned by or held under the control of the City or department or governmental jurisdiction. M. Game and Yard sales shall not require a tetnvorary use Demit. but shall be subiect to the following, I All materials or goods sold must be the personal vroverty of one of the persons conducting the sale 2. They shall be conducted only on residential premises occupied by one of the persons conducting thesale January 2013 { DRAFT Chapter 17.17 — Special Uses and Standards Page 32 0 0 Cl 3. No more than three (3) aamee or vard sales shall be Dermitted at one residential location in an calendar year. Each garage or vard sale shalt not exceed three (3) consecutive days: 4. Such sales shall not be conducted before eight a.m. or after six p.m.; and 5. Garage and yard sale signage shall be subiect to the provisions of ^`-14rSection 17.51.080 (Sign Regulations) of this develeemenECode. N. The tempomrv, seasonal use of portable, metal storage containers shall be permitted for a period of organization directly engaged in civic, charitable. or Public service endeavors. This provision shall not include outdoor festivals and tent revival meetings. P. Short-term special events shall not be conducted for more than six weekends or seven days during any 12 -month Period, extern where an extended time Period is avoroved nursuant to Section 17.23200 (B) (2) (Extended -Term Temnomry Use Permit). O. "Weekend" in this chapter means Saturday and Sundav: national holidays observed on a Friday or Monday may be included. R. Other temporary uses as determined by the Director that do not exceed one year in duration and do Temporary Use Permit . 9 Chapter 17.61 ADULT BUSINESS REGULATIONS SECTIONS: 17.61.010 Purpose. 17.61.020 Applicabilitv. _17.61.030 Legal Nonconforming Use. 17.61.040 Locational and Distance Requirements. 17.61.050 Adult Business Use Permit Application. 17.61.060 Timeline for Land Ilse Review and Decisions Concerning Adult Business Ilse Permit. _17.61.070 Findings Requiring Application Approval. 17.61.080 Appeals to the Council. 17.61.090 Performance/Development Standards. 17.61.1 00 Couch Dancino/Straddle Dancing and Other Sexual and Related Activities are Prohibited. 17.61.110 Inspection. 17.61.120 Suspension of Permit. 17.61.130 Revocation of Permit. 17.61.140 Annual Compliance Letter. A,17.61.010 Purpose. _It is the purpose and intent of this t r to regulate adult businesses in order to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent my deleterious location and concentration of adult businesses within the City, thereby reducing or eliminating the adverse secondary effects from such adult businesses. The January 20131 DRAFT Chapter 17.17 — Special Uses and Standards Page 33 0 provisions of the section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this seetiea-chaoter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market Neither is it the intent nor effect of the snetian-chto condone or legitimize the distribution of obscene material or material harmful to minors. $, 17.61.020 Applicability. FA. Adult businesses shall only be permitted to be operate in the Community Commercial (CC) zone; ,_.,....t__, n______:_, nr. zone -r Business Park (BP) zone, and shall be subject to all the regulations and provisions in this Ceode. The provisions of adult businesses shall be applied to the following: al. Adult motion picture arcade; 62. Adult bookstore; e}. Adult novelty store; d4. Figure modeling studio; ej. Adult cabaret; t. Adult motel; g7. Adult tanning salon; hg. Adult motion picture theater; R Sexual encounter establishment; j10. Escort agency; k1j. Semi-nude model studio; 112Juice bar. C- 17.61.030 Pre Exi;i;ng Legal Nonconforming Use. 4A. All design and performance standards set forth in `---"�e,�,�a-r,r-o"` -`-'a`Rs-Ssection 17.61.090 (Performance/Development Standards) and locational and distance requirements set forth in -�--'ion-(Q*�. Ssection 17.61.040 (Locational and Distance Reat irements] are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govem all existing and proposed adult businesses and shall immediately apply to any proposed adult business upon adoption and passage of the ordinance codified in this seetienchaoter. 2B. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this seetienchaoter that is not in compliance with the design and performance standards of Ssection 17.61.090 [Performance/Development Standards), any such adult business shall be considered a legal nonconforming use and shall conform to all design and performance standards within two (2) years of the effective date of said ordinance. K. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this seetiea-chapter that is not in compliance with the locational and distance requirements of--`---"--'^`o€6S':TSsection 17.61.040 (Locational and Distance Requirements), any such adult business shall be considered a legal nonconforming use and shall conform to all standards within five (5) years of the effective date of said ordinance. 4D. Any adult business which was a legal use at the time of annexation of the property into the City but which is a nonconforming use after annexation shall be subject to the same time requirements as indicated in subsections (GB)(2) and (K) of this section, starting from the date of annexation. SE. Any discontinuance or abandonment of the use of any lot or structure as an adult business shall result in a loss of legal nonconforming status. Any nonconforming use lawfully in existence prior to the adoption of the ordinance codified in this seetierrchaoter may be continued, except as provided in this seetienchaoter; provided, that the use shall not he increased, enlarged, extended, or altered. Upon the January 20131 DRAFT Chapter 17.17 - Special Uses and Standards Page 34 0 0 n U conclusion of the amortization period, any adult business which is a nonconforming use shall cease all business operations and all signs, advertising and displays relating to said business shall be removed within thirty (30) days. 6F. An application for extension of the amortization period for an adult business which is a nonconforming use shall be made as provided herein. al. The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the applicable amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the City Manager or his designee determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the City and shall be accompanied by the required fee as established by resolution of the Gity Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The parry applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this seekieachapter. K. Not later than thirty (30) days after submittal of an application to extend the amortization period, the City Manager oris designee shall notify the applicant, in writing, if the application is not complete. A complete application shall include: (1-)a. The applicant's signature; (2)b. A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (4RHX8) of this section below and shall identify the tern of the requested extension; (3).cL The required fees; (4)d. A mailing list and a set of gummed labels attached to envelopes with fust -class postage fully paid thereon with the names, addresses and tax assessor's parcel numbers of all owners of real property within a radius of thme-hundredone thousand (3001 000) feet from the external boundaries of the property on which the adult business is located; and (W. A tax assessor's parcel map identifying the properties to be notified within the three hundredone thousand (3691 OW) foot radius. If the application is not complete, the City Manager shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within (30) calendar days after it is submitted, the application shall be deemed complete. 9G. The P7aaainKommission shall hold a noticed public hearing on the request for an extension. SH. Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the PiaaaingCommission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area and the following additional factors: al. The present actual and depreciated value of business improvements; b2. The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents; e3. The remaining useful life of the business improvements; d4. The remaining lease term; e5. The ability of the business and/or land owner to change the use to a conforming use; and W. The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult business and the amortization requirements. January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 35 91. The Planning Commission, or the City --Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above. +BJ. An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult business use permit and/or an adult business license, of a church, school, public park, public building, residential zone, or residential lot within one thousand (1,000) feet of the adult business. This provision applies only to the renewal of a valid permit and license and does not apply when an application for a permit and license is submitted after a permit and license has expired or has been revoked. 8 17.61.040 Locational and Distance Requirements. 4-A. No person shall cause or permit the operation of any adult business within one thousand (1,000) feet of another adult business, within one thousand (1,000) feet of any religious institution, school, public park public building, or within one thousand (1,000) feet of any property zoned or approved for residential use or used for residential purposes. 2B. Distance between any two (2) adult businesses shall be measured in a straight line, without regard to intervening structures, from the nearest property line to the nearest property line of each business. The distance between any adult business and any religious institution, school, public park, public building or any properties zoned for residential use or used for residential purposes shalt also be measured in a straight line, without regard to intervening structures or objects from the nearest property line of the premises where the adult business is conducted, to the nearest property line of the premises of a religious institution, school or public park or public building or the nearest boundary of an affected residential zone or residential lot. E: 17.61.050 Adult Business Use Permit Application. +A. In order to operate an adult business within the City, the applicant or proprietor of the business most obtain the adult business license required by this seetie chapter and an adult business use permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with thisha ter, for an owner, operator, manager, employee, or independent contractor to operate an adult business without possessing an adult business use permit required by this Geode. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee for an adult business use permit. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this seetieschaoter, shall file a written, signed and verified application on a form provided by the Cemmunity Development DeparmnenrCjty. The completed application shall contain the following information and shall be accompanied by the following documents: al. If the applicant is: (+)a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (I8) years of age. (2)b. A partnership, the partnership shall state its complete time and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if MY. (3)c. A corporation, the corporation shall state its complete time, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process. 62. The applicant's mailing addresses and residential address. Q. Location and address including legal description of the proposed adult business. d4. A recent photograph of the applicant(s). January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 36 0 • r] L 0 e5. The applicant's driver's license number, social security number and/or his/her State or federally issued tax identification number. 4b. Ten (10) legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies (using an engineer's scale of one inch equals twenty (20) feet) of the floor plan showing the configuration of the premises, including a statement of total floor space occupied by the business. g7. Twenty (20) straight-line, legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies of the site plan prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this seetien-chanter within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this wbsection, a use shall be considered existing or established if it is in existence at the time an application is submitted. h8. Two (2) copies of each of the following: (7ja. Land use map (one thousand (1,000) foot radius). (Al) Draw at a scale of one (1) inch to one hundred (100) feet; (82) Indicate the applicant's property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alley, rights-of-way, current lot lines; and all tract lot and house numbers; (63) Indicate existing uses (house, apartment, store, vacam, etc.) on all lots, parcels and portions thereof within the radius; and (94) Distinguish the applicant's property from surrounding property. • (2). Property ownership map (one thousand (1,000) foot radius). (A, Draw at a scale of one inch to two hundred (200) feet; (&2) Indicate the applicant's property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alleys, rights-of-way, current lot lines; and all tract lot and house numbers; (Q) Indicate ownership of property within the radius (number lots to correspond to the property owners list described below); and (DI) Distinguish the applicant's property from surrounding property. f*. Property proximity map (eight and one-half (8.5) inches by eleven (11) inches) indicating surrounding property within a radius of three hundred (300) feet and two thousand five hundred (2,500) feet from the exterior boundaries of the subject property. i9. Prepare a complete list of names and mailing addresses of the current owners of each parcel or lot within, or partially within, a one thousand (1,000) foot radius of the subject property. This information must be as it appears on the latest available assessment roll of the L.A. County Assessor, and shall be certified as we and correct. Each name shall be assigned a number on the list indicating corresponding numbers on the parcels or lots on the ownership map. In addition a certified property owners list affidavit shall be submitted to verify completeness and accuracy of the names and addresses. An inaccurate or incomplete list shall constitute cause for removal of the case from the agenda or necessitate a rehearing of the case after proper noticing of affected property owners. jl0.One complete set of mailing labels for all of the property owners within a one thousand (1,000) foot radius of the exterior boundaries of the subject property, including the following: (±)a. Name and address of the property owner(s); (t)b. Name and address of the manager of any mobilehome park, or portion thereof, within a one thousand (1,000) foot radius of the property. Such label shall include the letters "MHP" January 2013 1 DRAFT Chapter 17.17— Special Uses and Standards Page 37 0 2B. 3C. apart from the address so that such notices contain a request to post the notice in a public area or within the park; and One set of blank envelopes, with the correct amount of postage on each envelope, sufficient to complete one mailing of notices. Notices will be mailed by the Community Development Department. 4Q. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment. 112. Proposed hours of operation. m U. The time or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment. x14. Whether the applicant or any other individual listed pursuant to this--�chaoter holds any other permits and/or licenses under this oeefie cha gr or other similar adult business ordinance from another city or county and, if so, the names and locations of such other permitted businesses. x15. Whether the applicant or any of the other individuals listed pursuant to this seegr�chaoter has had a previous permit under this seetie ha ter or other similar ordinances from another city or county denied, suspended or revoked, including the time and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this seetien chapter has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this seetie chAlltvr whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. p16. Whether the applicant or any of the other individuals listed on the application has within the last five (5) years, immediately preceding the date of the application, been convicted of a specified criminal act or tax violation, and, if so, the specified criminal act or tax violation involved, the date of conviction and the place of conviction. q11. The applicant shall be required to pay a nonrefundable application fee as specified in the schedule of fees at the time of filing an application under this seetienchanter. r18.One official set of the applicants) fingerprints (obtained from Los Angeles County Sheriffs office). The Commun ty ^-v ------' ^—•^ • emCity shall submit/send the fingerprints to the State Department of Justice for a Criminal History Background Check within seventy-two (72) boors of receiving the fingerprints from the applicant(s). The application shall not be deemed complete until the City has received fingerprints from the applicant If the City does not receive the background check from the Justice Department within sixty (60) days, this requirement will be waived, but does not exempt the applicant from subsequent revocation or suspension if all requirements are not met. s19. The applicant shall be required to display an on-site sign containing information about the proposed project and the public hearing. Dexsity-Sioaige requirements can be obtained in the Community Development Pepe" Planninn Division. The on-site sign must be posted twenty- one (2 1) days prior to the public hearing. Applicants for a permit under this s--�<h�shall have a continuing duty to promptly supplement application information required by this seeirieo7ghapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director -f Canaerian:.. Development -shall be grounds for suspension of a permit In the event that the Director of Carranunity Develepmeri"etermines or learns at any time that the applicant has improperly completed the application for a proposed adult business, "he shall notify the applicant of such fact within thirty (30) days and allow the applicant ten (10) days to properly January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 38 0 L 0 0 complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.) 4D. Prior to obtaining any permit to operate any adult business defined in this seetienchanter, and as par of any application for a permit under this seetiemchaoter, the applicant shall obtain fom di, D• --o-- a written letter signed by the Director of c2ooxtmuhy Develepmrat-that the proposed location of such business complies with the locational requirements of this seetieachaoter. 3E. By applying for a permit under this seegeachaoter, the applicant shall be deemed to have consented to the provisions of this seetiea-chamter of the• -'` "'o.�„•' ^.op r.o.,t-eCode, and to the Los Angeles County Sheriffs office and all other City agencies charged with enforcing the laws, ordinances and Geode applicable in the City of their respective responsibilities. 6F. The applicant(s) shall receive a dated, signed and written letter from the Director e€ Gsa unity PevMop tnent when the application is deemed complete. fL 17.61.060 Timeline for Land Use Review and Decisions Concerning Adult Business Use Permit. ?A. The PFaoning-Commission shall approve or disapprove the completed adult business use permit application within sixty (60) days of its acceptance as complete by the Director `., Genwn •-'.r Develepaaeat, unless extended upon the written consent of the Director of community Development and the applicant 4B. Within sixty (60) days of receipt of the completed application by the Director-fammnairy Bevelepmem, the Fleming -Commission shall conduct a noticed hearing on the application for an adult business use permit and shall approve the application if the application meets the requirements of this Geode and shall deny the application if any of the findings set forth in this Ceode cannot be • fulfilled. The Flamiog- ommission shall issue its decision during the public hearing. If the Pleming Commission fails to approve or deny the application within the sixty (60) days, or any extension thereof, of the receipt of the completed application, the application shall be deemed approved by the F4eaa7ng-Commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this Ceode. 3C. In the event the information requested pursuant to the aai#ied-develepmeat-Ceode is not available prior to the granting of the permit, the F7eaning-Commission shall, if the application otherwise meets the requirements of this Cmde, issue the permit. Should information later obtained pursuant to this Ceode materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the City receiving the information required shall state clearly on its face that the adult business use permit is subject to suspension or revocation pursuant to the provisions of this Ceode and all other applicable laws and ordinances, including revocation and suspension provisions hereof. G 17.61.070 plemlag C8samissien-Findings Requiring Application Approval. +A. The Flaming -Commission, or City ouncil on appeal, shall approve the application for an adult business use permit unless it is unable to make one or more of the following findings: al. That all applicable fees have been paid. K. That the applicant or the applicant's spouse is not overdue in payment to the City of any fees, fines or penalties assessed against or imposed in relation to an existing or former adult business. Q. That the building, structure, equipment and location used by the business for which an adult business use permit is required complies with the requirements and standards of the health, building, zoning, fire and safety laws of the State of California, the Los Angeles County Fire Department and the City-of-�. January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 39 0 d4. That the conduct of the adult business as proposed by the applicant, if permitted, will comply with all applicable laws, including, but not limited to, the City's building, zoning, fire and health and safety regulations. e5. That the applicant is eighteen (18) years of age or older. C6. That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zine, district or area, including the provision of required parking. g7. That the use is in conformity with the locational criteria set forth in this Ceode. k8. That the design of the site and the proposed improvements are in compliance with all applicable design provisions of this Ceode. A That the proposed conduct of the adult business is in compliance with all applicable performance standards of this Ceode. j10.That the applicant, partnership, or corporation has not knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business use permit, or in any report or record required to be filed with the City or County. k11. That on the date that the business for which a permit is required herein commences, or thereafter, there will be a responsible person on the premises to act as manager at all times during which the adult business is open. It 2.That an applicant has not been convicted of a specified criminal act for which: (44a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering. (2)b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering. (3)c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; pandering; or conviction of any such offense occurring within twenty- four (24) months prior to application. (4)d. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant (3)e. An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult business only when the required time period has elapsed. 2B. In the event the Weaning -Commission, or the C-ety-Council on appeal, denies an adult business use permit application, the business, if operating, shall cease its operations as an adult business use permit and no further activities regulated by this Ceode shall be conducted on the premises unless and until an adult business use permit and a required adult business license is obtained. 44-.17.61.080 Appeals to the City -Council. January 2013 4 DRAFT Chapter 17.17 — Special Uses and Standards Page 40 0 • 0 n U • If an adult business use permit is denied by the Alarming -Commission, the applicant shall have fifteen (15) days from the date of the hearing in which to appeal the decision to the Qty—Council. An appeal shall be requested by a typed letter and required appeal fee to the Depaarnent City Clerk. If appealed, notice of the hearing before the Qty—Council shall be mailed (envelopes, stamps, mailing labels of all property owners within a one thousand (1,000) foot radius of the subject property shall be supplied by the applicant) and published in the City's official newspaper and the hearing shall be held at the earliest possible date authorized by law, but in no event later than sixty (60) days from the date of the Waaxixg-Commission's action to deny the application. The C*, -Council shall act on the appeal during the Qty -Council public hearing. If the City -Council does not act on the appeal within the sixty (60) days, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of the erode and all other applicable laws and City ordinances or regulations. h 17.61.090 Performance/Development Standards. The establishment of an adult business shall comply with the applicable site development standards of the Code including the following: 3A. The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. 2B. A manager shall be on -duty at all times during operating hours. 3C. No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering. 4Q. If the adult business is the sole use on the lot no landscaping shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. 3E. The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the DirectorDevelopment-during all boors of operation to allow all areas to be visible at all times. In addition all exterior lighting shall remain on for at least thirty (30) minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris and weeds. 6F. No advertising sign, billboard, or structure, advertisement, display, or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices, or paraphernalia designed for use in connection with specified sexual activities, shall be shown or exhibited so as to be visible from any exterior area. 4G. No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted. &H. All areas of the adult business shall be illuminated at a minimum of the following footcandles, normally maintained and evenly distributed at ground level: Area Footcandles Adult bookstores 20 Adult theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 footcandles) Adult arcades 10 Adult mouds/hotels 20 (in public mess) Modeling studios 20 Other adult businesses 20 January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 41 91. The adult business use permit and adult business license required by this seetiwt-ch ter shall be posted at the front interior entrance and shall be kept valid/cument at all times. 481. The proposed site is adequate in size and shape to accommodate the required yards, fences, walls, parking and loading facilities, landscaping and other development features prescribed within the erode. 44K. No partitions between subdivisions of a room, portion or part of a building, structure or premises, including restmems, may have an aperture, hole, slit or other opening or gap which is designed or otherwise constructed to encourage, permit or allow sexual activity between persons on either side of the partition. 42L. The maximum occupancy load, fire exits, fire lanes and fire suppression equipment shall be regulated, designed and provided in accordance with the regulations and standards of the Los Angeles County Fire Department and the City's Building and SatDivisio . +3M.Any adult business in which live entertainment is performed shall have such performances only conducted on a stage or on a platform that is raised eighteen (18) inches and which has a rail which does not allow patrons to be any closer to the performers than six (6) feet. Said mil shall be at least forty-two (42) inches in height above the stage or platform and shall he installed around the perimeter of the stage or platform. 44N. Any viewing room shall be directly visible from the manager's station of the adult business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall or other structure. 450. No adult business, excepting an adult motel, shall operate between the hours of eleven p.m. and ten a.m. No owner, operator, manager, employee or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Qeode, shall allow such business to remain open for business, or no owner, operator, manager or employee of an adult business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of eleven p.m. and ten a.m. 46P. Off-street parking shall be provided for the adult business on-site and as specified in the unified develepmenteCode and as follows: Adult Theater, Adult Cabaret, Adult Motion Theater or Adult Arcade. One parking space shall be provided for every two (2) seats in a viewing room, or one parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the City's Building Official and/or Fire DeparunentMarslrel, whichever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shin 47Q. Any person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a private viewing area or individual viewing area of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: al. Upon application for an adult business use permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any porion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two (32) feet of floor area. 62. No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the Director afCotionunity Develepment. Q. It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 42 0 CJ 0 0 C4. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding remunins. Restrooms shall not contain video reproduction and/or monitoring equipment. If the premises has two (2) or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station. e5. It shall be the duty of the permit holder and any employees or independent contractors present on the premises to ensure that the view area specified in subsection (49)(4�4" of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this seatienchaoter. 4SR. For adult businesses which exceed an occupant load of one hundred twenty-five (125) persons or five thousand (5,000) square feet, the provision of on-site security personnel shall be required during all business boors pursuant to a plan to be reviewed and approved for adequacy by the Piamixg 6emmissieaAnorovin¢ Authority and designated head of the law enforcement entity providing law enforcement services to the City. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the City. Adult Motion Picture Theater/Adult Arcade. al. A manager's station shall be located near the main entrance and the station shall be provided with .an unobstructed view of all motion picture or arcade viewing areas. b2. No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths shall be maintained. e2. Maximum Number of Devices. No person shall operate an adult motion picture theater or adult aroade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located. 20T. Adult Hotel/Motel. el. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four (24) hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this seetienchaoter. K. A person is in violation of the provision of this Ceode if such person rents or subrents a sleeping room at a location without an adult business license and an adult business use permit to a person or persons and within ten (10) hours thereafter rents or subrents the same room to another person(s), or subrents the same mom to the prior renter. 24U. No loud speaker or sound equipment audible to persons in any public exterior area shall he used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted into any public area. All adult businesses shall be subject to providing sufficient sound -absorbing insulation if required by the Approving Authority 22V. No person shall display in any public newsrack, vending machine, or other display device any material which is defined by California Penal Code 313 as harmful to minors, including but not limited to material displaying to the public view photographs or pictorial representations of the January 2013 f DRAFT Chapter 17.17 — Special Uses and Standards Page 43 commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is: al. . Displayed in an area from which minors are excluded; or b2. Distributed from a machine only accessible through tokens that may be obtained after reasonable measures to ascertain that the person is eighteen (18) years or older. 13W. No person shall operate more than one adult business under a single mof. 14X. I.D. will be checked for appropriate age (eighteen (I8) years or older) before any customer is allowed in the adult business. J- 17.61.100 Couch Dancing/Straddle Dancing and Other Sexual and Related Activities are Prohibited. For purposes of this oeegonchapter, "couch dancing" or "straddle dancing" shall be defined as an employee or independent contractor of the adult business intentionally touching any patron or coming within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity. 4A. No person shall operate or cause to be operated an adult business, regardless of whether or not a permit has been issued under this Cantle, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor: al. . To engage in a couch dance or straddle dance with a patron at the business; b2. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business; e3. To intentionally touch any patron at an adult business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity; 44. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity; e5. To violate any provision of this seegenchaoter. 1B. No employee or independent contractor of an adult business, regardless of whether or not a permit has been issued for said business under this aaeoon he anter of the Ceode, shall: al. . Engage in a couch dance or straddle dance with a patron at the business. W. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business. Q. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult business. 4L4. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity closer than six (6) feet from any patron. e5. Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of eleven p.m. and ten a.m. K. Violate any provision of this see4eachanter. 3C. No person at any adult business, regardless of whether or not said business is permitted under this Ceode, shall intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity at the adult business. 4D. No person at any adult business, regardless of whether or not said business is permitted under this Ceode, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity. 3E. No waiter(s) or waitress(es) at an adult business, regardless of whether or not a permit has been issued for said business under this section, shall appear on the premises in the nude, semi-nude or display or expose specified anatomical areas. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 44 0 • 0 E K-.17.61.110 Inspection. An applicant or permittee shall permit representatives of the Cj�LC�'-- `'--- `'-�..,o.R,.,�..�o.,,�--- ^"'---- ^"'--, the Los Angeles County Health Department and the Fire Department to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. (r 17.61.120 Suspension of Permit. +A. The Director shall suspend a permit for a period not to exceed thirty (30) days if heAw hey determines that a permittee, or an employee of a permittee, has: al. Violated or is not in compliance with any section of this Ceode; or 62. Engaged in the excessive use of alcoholic beverages while on the adult business premises; or e3. Refused to allow an inspection of an adult business premises as authorized by this Ceode; or 44. Operated the adult business in violation of a building, fire health, or zoning statute, Ceode ordinance or regulation, whether federal, State or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, Ceode, ordinance or regulation violation, the City shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the permit and shall notify the permittee of the suspension; or e5. Operated the adult business in violation of the hours of operation as permitted by this seeke,achamter; or 1K. Allowed minors (under eighteen (I8) years old) to enter the adult business. 2B. The suspension shall remain in effect until the violation of the statute, Ceode, ordinance or regulation in question has been corrected. ,W 17.61.1 30 Revocation of Permit. +A. The Director shall revoke a permit if a cause of suspension in this Ceode occurs two (2) or more times within a twelve (12) month period. 2B. The Director shall revoke a permit upon determining that: el. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or b2. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or e3. A permittee or an employee has knowingly allowed prostitution on the premises; or M. A permittee or an employee knowingly operated the adult business during a period of time when the permittee's permit was suspended; or e5. A permittee has been convicted of a specified criminal act for which the time period required in thisha r has not elapsed; or f6. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or g7. A permittee is convicted of tax violations related to an adult business; or V8. A permittee or an employee has knowingly allowed any set of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 45 C� L9. Operating more than one adult business under a single roof; or }I0. A permittee does not comply with any applicable requirements of this Ceode; or k I 1. Knowingly permitted gambling by any person on the adult business premises. 3C. When the Director revokes a permit, the revocation shall continue for one year and the permittee shall not be issued an adult business use permit for one year from the date revocation became effective. If, subsequent to revocation, the Director finds that the basis for revocation under this Ceode has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this Ceode, an applicant may not be granted another permit until the number of years required under this Ceode has elapsed. JJ- 17,61.140 Annual Compliance Letter. The permittee shall submit an annual compliance letter (stating that adult business is in compliance with all applicable codes) to the Plannine Division no less than thirty (30) days prior to the original approval date. +A. If the permittee does not submit an annual compliance letter before the required thirty (30) days, the adult business shall cease occupancy until the compliance letter is submitted to the Depe ueent-ef Genanun ty DeveiapmensPlannine Division. 2B. The Director shall respond to the annual compliance letter within ten (10) days of receiving the letter. 27,vl i OFdb n"`Tl-`r=rW3J9`; OW. 0519 `s-^2, ?2,1.3'03) January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 46 0 0 9 0 0 January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 47 0 January 20131 DRAFT Chapter 17.17— Special Uses and Standards Page 48 E 0 0 0 0 January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 49 P 1 1 January 20131 DRAFT Chapter 17.17 — Special Uses and Standards Page 50 0 0 Chapter 17.68 TRANSFER DEVELOPMENT RIGHTS, DENSITY BONUS, AND CLUSTER DEVELOPMENTS SECTIONS: 17.68.010 Purpose, 17,69.020 Cluster Developments. 17.68.030 Density Bonus Requirements. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 51 0 17.68.040 Transfer Develoument Riohts Program. 17.68.010 Purpose. It is the numose of this chapter to establish regulations for applications for cluster developments, density bonuses. and transfer development rights. These standards are in addition to the oronerty development standards of this Code, unless, where applicable, are superseded by those standards to Provide for these types of development. 17.+7,080616 .oza Cluster Developments. A. Purpose. The purpose of this section is to minimize the disruption of natural resources and major physiographic features and preserve land as permanent open space by encouraging innovative development alternatives. B. Conditions. In conjunction with the submittal of an application for a tentative map, an applicant may submit an application for a conditional use permit to allow for a cluster development. In approving a conditional use permit for a cluster development, the Plana vg Cs mmissienAooroving Authority shall impose conditions pertaining to the following: 1. Preservation of Commonly Owned Areas. a. The Planning -6e mmissieaAnoroving Authority shall require the permanent reservation of all commonly owned areas. Such reservation shall be by establishment of a homeowners' association, maintenance district or other appropriate means or methods to ensure to the satisfaction of the F£issieaApproving Authority the permanent reservation and continued perpetual maintenance of required commonly owned areas. b. As a means to further ensure the reservation of commonly owned areas, the Approving Authori lr{aaaiag6ema»ssiea shall also require that where lots or parcels of land are sold or are otherwise separated in ownership, no dwelling unit shall be sold, conveyed or otherwise alienated or encumbered separately from an undivided interest in any commonly January 20131 DRAFT Chapter 17.17— Special Uses and Standards Page 52 • 0 0 owned areas comprising a part of such development. Such undivided interest shall include January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 53 Is either: (t) An undivided interest in the commonly owned areas; or (2) A share in the corporation or voting membership in an association owning the commonly owned area. 2. Dwelling Unit Type. The Planning--6emmissieaApprovine Authority shall require that all dwelling units be single-family residences unless a 4ewxheese—multifamiIy development is requested and approved. 3. Location, Separation and Height of Buildings. The Plasuiing CeaftmemAoorovine Authority shall impose conditions as it deems necessary to govern the location, separation and height of buildings to ensure compatible placement on the proposed site and with relationship to the surrounding "ea. This pfes ` an shall net he deemed to _.__:. ____. _, of _ he ght __._._.h__ C. Additional Conditions. In addition to the conditions listed above, the Ceiftw4ssteinWTroval authori may impose conditions pertaining to the following: 1. Location of Automobile Parking Facilities. Where the Plann ng Ca "wAssienapnroval authority determines that the proposed development will contain design features offering amenities equal to or better than a development plan incorporating required automobile parking facilities on the same lot or parcel of land, such automobile parking may be located on a separate lot or parcel, provided that such parking facility is: a. In full compliance with all other provisions of Section 17.1851.060 (Parking Standards) of this_Cende; and b. Located on a separate lot or parcel of land under common ownership; and c. Conveniently located and easily accessible to the dwelling it is intended to serve; and • d. No greater than two hundred (200) feet from the residence it is intended to serve. 2. Architecture. ThePlanning Ga Aprovine Authority may impose conditions governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property. 3. Yards/Lot Size. The Ping-fennissienAoorovine Authority may modify any or all yard and lot size requirements of the basic zone wherein a cluster development is proposed. In reaching its determination to modify these yead requirements and to what extent, the Planning GonwwssienAAnprovmg Authority shall base its decision on whether such modification will: a. Encourage design features promoting amenities equal to or better than a development plan incorporating required yards and minimum lot size; and b. Assist in integrating the proposed development in relation to its location on the site and its relationship to the surrounding area. Nothing in this subsection shall be consumed to prohibit imposition of yards and lot sizes exceeding the minimum provided in the zone. 4. Landscaping. The Meaning Cem"iissienAnrovine Authority may require a plan for the landscaping of any or all parts of the development submitted to and approved by the Plewning Comm ssieaAoomvine Authority in order to ensure that the development will be complementary to and compatible with the uses in the surrounding area. 5. Utilities. The PIaRR ng Ce wAmssienAoorovine Authority may require the applicant to submit to Viand 4- awj�be made a condition of approval for a cluster development, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to famish service in the development. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 53 Is 0 I; 1704017.68.030 Densitv Bonus Requirements. A. A density bonus shall be available consistent with the requirements of Government Code Section 65915 and sections amendatory or supplementary thereto. Any applicant for a density bonus shall make such application on a form approme of submitting any entitlement application for the development for which a density bonus is reauested. The application shall include, at a minimum the following information: I. A_ description of how the pmoosed oroiect meets the criteria for a density bonus under Section 65915 2. What concession(s), if any, are reauested by the applicant 3. An explanation of how the requested concession(s) are necessary to provide for affordable housing costs; 4. Whether a Parking od}ustnrent-reduction is reauested; 5. A depiction of the intended use or location of the density bonus housine within the proposed developmenL B. As reguired by Section 65915 and sections amendatory or suvolementary thereto the G&HffRnxity Pe, elgpnxxtDirector shall require an instrument recorded against title, enforceable by the 6ommaeiW ^-�a�.e!Bpme-aFDirector, to ensure the continued affordability of the affordable units within a oroiect receiving a density bonus. Such instrument may include, but is not limited to, an equity sharing a eement an affordability covenant a deed of trust, a development aemen or some combination thereof at the discretion of theCommunity Director, provided, that such instumenNs) does not unreasonably restrict title of any of the units and/or does not make the oroiect economically infeasible. Comunent [GP1]: General Plan ImplementNion 17.68.040 [Transfer Develoomen[ Righh Proerami _ • A. Purpose. The purpose of the Transfer Development Rights (TDR) Program is to transfer Anvrinnmenr nuhre fmm no ....A;— .;,P m n.. circ —4hi� r6r regulations, resource protection, open space acquisition and to encourage increased residential and request. B. Reauirements. A TDR Program shall include a sending site which is a oarcel, or parcels for which land use densities are relinquished and transferred to a receiving site which can accept the relinquished density. L Sendine Site Criteria. The sending site can be located in either the City or unincorporated Los agricultural resource or other site acceptable to the Annmving Authority, can be considered. 2. Receiving Site Criteria The receiving site shall be located in the City and designated as Mixed Use, Community Commercial. or Regional Commercial land on the City's General Plan Land Use C. Findines. In addition to the findings required under in Section 17.25.100 (Conditional Use Permit), the following findings shall also be met: I. The sending site contains unique natural or cultural features, allows for a higher-level resource management the preservation of agricultural or allows the acquisition of open space. January 20131 DRAFT Chapter 17.17- Special Uses and Standards Page 54 0 0 • 0 2. The receiving site shall be located with access to, or in closeywximity of, all the needed infrastmeture including, but not limited to, public transportation, schools and commercial services. D. Conditions. In addition to the conditions required under in Section 17.25.100 (Conditional Use Permit), the following condition shall also be reauired: L The development rights of the sending site shall be transferred to the City either dtmugh dedication of the site a public use and access easement or other method acceptable to the Council to ensure that the site remains open space. In the case of an agricultural sending site, the easement shall allow for the continuation of agricultural operations. January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 55 Oalk tfee pfeservat an and rmteeton guidelines of guidelines shall mean the paliey established b� "ROWifle M6aAeRMee­ Shall Mean Who% takes faf the eentinued health of an eEdE if ee sueh as eseua4 17. 176()9Q(&)(8)4 • $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. The City lies in the Santa Clarita Valley, the beauty and natural setting of which is greatly enhanced by the presence of large numbers of majestic oak trees. These i"di ...-- _ 601E trees are FeeagRized °-- in whieh they exist. De% elelanefl! within the Santa . ownhealth, ....L..- ..f the eitiZeRS Of C C10fila. The eet genera flVe aRW Gree-Pohey. It shall be the policy of the City"o,C�...aT.e.Gant- to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees. This policy shall apply to the removal, pruning, cutting and/or encroachment into the protected zone of oak trees. The Gity Manager OF his designated --_-_..__._.:. _ ("Directorc), in conjunction with a the Citv's oak tree arborist as necessary, shall have the primary and overall responsibility to administer, evaluate and monitor this policy to assure strict compliance. Additional policy and standards shall be as set forth in the City's Oak Tree Preservation and Protection Guidelines following adoption by the Giry,-Council. Any person who owns, controls, has custody or possession of any real property within the City ofSaate-faerita-shall make a reasonable effort to maintain all oak tree(s) located thereon in a state of good health. Failure to do so will constitute a violation of this sectioneeiononee. 86. Oak Tree Permit- kegak". No person shall cut, pmne, remove, relocate, endanger, damage or encroach into the protected zone of any oak tree on any public or private property within the City except in accordance with the conditions of a valid oak tree permit issued by the City. in conformance with Section 17.23.170 (Oak Tree Permitl. 1. Oak Tree Permit Submittal Requirements. The applicant shall be required to furnish all necessary information as determined by the Director together with the appropriate fee as established by Council resolution. Application materials shall include, but not he limited to, an oak tree report conforming to the Director's specifications, a survey of the tree, its dripline and protected zone location, and illustrations and justifications of the proposal and tree tagging unless waived by the Director. Q. Exemptions. Notwithstanding the provisions of this Ceode, a permit is not required under the following circumstances: +a For trees that do not exceed six (6) inches in circumference when measured at a point four and one-half (4.5) feet above the tree's natural grade or for those trees on properties occupied by a single-family residence that do not exceed twelve and one-half (12.5) inches in circumference when measured at a point four and one-half (4.5) feet above the tree's natural grade. January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 56 0 • L� �b. In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards, the City's oak tree arboristeeasuhem, authorized City official, or my member of law enforcement or law enforcement agency, forester, fireman, civil defense official or Gene En,n;e vca. Community Preservation Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition, If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken. 3c. For trees planted, grown and/or held for sale as a part of a licensed nursery business. 4d. Pruning by a public service or utility necessary to protect or maintain overhead clearance for vehicles, existing electric power or communication lines, or public rights-of-way, subject to prior notice to the Director in nonemergency situations. All pruning work shall follow proper arboricultuml practices as approved by the Director and/or the City's oak tree eeosultaatarborist. 3e. Pruning of limbs or deadwood provided such live limbs do not exceed six (6) inches in circumference at the location of the cut. All pruning work shall follow proper arboricultuml practices as approved by the Director and/or the City's oak tree arboristeeasaltam and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished. 6f. When the property owner has received written permission from the Director for the removal of a maximum of three (3) scrub oaks (Quercus dumosa and Quercus tuckerii). 7g. Routine maintenance as defined herein. gh. Pmning of limbs of an oak tree(s) on the properties occupied by a single -family residence; • provided, that such pruning is undertaken under the supervision of an arborist retained by the owner and approved by the Director. 4i. Minor encroachments as defined herein. +Aj. For those trees that are purchased and/or planted for non-mitigation purposes by the property owner of a single -family residence on the same property occupied by the residence. The F. Use f limits in iVBfIF. DireeiaF ...L ..,. heritagemere owner shall not remove oaks owned and maintained by the City. E%plasives, All tree lellets, tFee SHFgeOHS Of Bay ..theF PMOAg - - eenneet+e" w th dle euning down Of teffieNfli ef an) Oak itsee shall fiFst OPP15 to the Cit) r"I .. El me) be appealed to the Planning Govatnigsion and the Comm ssion's deeisien ffla� be 1 _ tile StaPUS Of the fR .,..L . _ t �:. FROFY ,Y ,J, 6 J FOSideftee BF one OF Oa single _ r,a by the n o r � s ^___ 55 __ _ , January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 57 0 APPFON e, deR5 ore a "difienalij approi 0 such requesi. The deeis a a ol� die Plana ng Commission iia), be appealed to the Gity -.-..nei p..-...ont to the pm.:-:..ns of ibis J_..-..pmeat ead.. 113. Conditions. Conditions may be imposed on the permit at the discretion of the Apnrovine Authori deeisienmeker, including, but not limited to, any of the following: +a. 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. 26. 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 for minimum of one (1) year after the planting of replacement or relocated trees and a minimum of 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 modem inspections by the City�e. 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. R. A condition requiring an objectively observable maintenance and caw program to be initiated to ensure the continued health and care of oak trees on the property. 44. 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 w defined by the current edition of the "Guide for Plant Appraisal;' published by the International Society of Arboriculture (ISA), a copy of which shall he kept on file in the City's Planning and'or Urban Forestry Division. 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 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. 3e. 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: •i. 8" to 12" = Two (2) 24 -inch box native oaks. •iy 12" to 18" = Three (3) 24,inch box native oaks. -iii. 18" to 24" = Four (4) 24 -inch box native oaks. y_v, 24" to 30" = Five (5) 24 -inch box native oaks- -_v, 30" to 36" = Six (6) 24 -inch box native oaks. .vi. One additional 24 -inch box native oak per incremental increase ofiwsix (6) inches. iaererne"Es 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 on-site location for replanting does not exist, mitigation trees may be donated to the City following the January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 58 0 0 replacement schedule above or their monetary value may be paid to the City to the satisfaction of the Director. C. Use of Ex losives. The use of ex losives in connection with the trimming, cuttin2 down or removal of any oak tree is prohibited. LD. Reimbursement. The City's oak tree a oristeonsukant or the Director's designee shall review the information submitted with the oak tree permit request and make appropriate recommendations and site inspections. All adz2risteensukant 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 Ceode 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. 1E. 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 -Free • Presewetlen-Ardmaaeethis section or a permit issued pursuant hereto shall be guilty of a misdemeanor. 2. In addition to the penalty described in subsection (E3)(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 lamb[, 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 section. The Director's determination to suspend a permit shall be subject to appeal as provided in this Ceode. 3. In addition to the penalties described in subsections (_F3xl) and (2) of this section, any person who violates the Oak T___ o_____._.:__ ..r:_____ this section 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 (1) 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 KF. Additional Permit. Notwithstanding any action taken pursuant to this eCode, whenever the Director determines that any person has without a permit conducted activities prohibited by this-� Pwsew,at an Ordineaee section, the Director may require such person to obtain an oak tree permit pursuant to this Conde. (OF4. 90 24100; Opd nc 1 a o ,Ofd. 05 4 , ,5, 9 t8 me nd nc n c � 124u'05. n_+ no 13 c i ona'no 4%B3r1-05 Chao[er 17.W Historic Preservation�ieYiesv, SECTIONS: 17.64.010 Purpose. 40 January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 59 0 17.64.020 Self -Designation of Historic Resources (Ont -in Clause). 17.64.030 Commission Resolution Findings for Designating a Historic Resource. 17.64.040 Permit Requirements for the Renovation or Alteration of a Historic Resource 17.64.050 Actions by the Director for the Renovation or Alteration of a Historic Resource 17.64.060 Findings by the Director for the Renovation or Alteration of a Historic Resource, 17.64.070 Exceptions to Pennit Requirements for the Renovation or Alteration of a Historic Resource. 17.64.080 Permit Requirements for the Relocation or Demolition of a Historic Resource. 17.64.090 Actions by the Council for the Relocation or Demolition of a Historic Resource 17.64.100 Findings by the Council for the Relocation or Demolition of a Historic Resource. 17.64.110 Penalty for Demolition or [reversible Alteration. 17.64.120 Expiration and Extension. 17.64.130 Final Action. 17.64.140 State and County Owned Property. 17.64.150 Incentives. A-. 17.64.010 Purpose. The purpose of this aeo4onchaoter is to promote the economic and general welfare of the City of Santa E 17.64.020 Self -Designation or Historic Resources (Opt -in Clause). The nomination of a historic resource shall be initiated by the owner of the property or structure that is Once a property or stmcture has received a designation, the owner of the property or structure may apply for removal of the designation and the City may remove the designation subject to the P4mwing Commission making the following findings by resolution: The P�r�.�.g-c:,mmission shall designate a date un to one year from the public heating date as the date on which the designation shall be removed. The owner of the property shall reimburse the CiN January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 60 0 n u for any financial incentives received during the entirety of the period in which their prooert9 was designated as a Historic Resource prior to the removal of the designation 8 17.64.030 Plnwaing-Commission Resolution Findines for Designating a Historic Resource. A building. structure, or object may be designated by the PlaooingC nunission as a historic resource if it possesses sufficient character -defining features and integrity and meets at least one of the the City. State or Nation: or 2-B. Is associated with persons significant in the history of the City, State or Nation: or 3,C. Embodies distinctive characteristics of a style. type period, or method of construction. or is a valuable example of the use of indigenous materials or craftsmanship: or 41). Has a unique location. singular physical characteristic(s), or is a landscape, view or vista representing an established and familiar visual feature of a neighborhood, community, or the Cim or 3:E. Has Yielded, or has the potential to Yield, infomtation uncortant to the histgry or prehistory of the City. State, or nation. & 17.64.040 Permit Requirements for the Renovation or Alteration of a Historic Resource. Director for the Renovation or Alteration of a Historic Resource), a id 17.03-640 in Section 17.24.120 (Minor Use Pemtit): provided further, however, that the C+ty-Council shall receive a copy of any anplication for such renovation or alteration at the time such application is deemed complete There shall be no entitlement fee for the review of any proposed renovation and alteration to historic resources. F. 17.64.050 Actions by the Director for the Renovation or Alteration of a Historic Resource. The Director has the discretion to aoorove, atmrove with modifications and/or conditions, refer the matter to the Pleaning-Commission or deny the minor use permit Cor renovation or alteration to a historic resource. Notwithstanding the foregoing, the minor use permit shall instead be acted upon by [he Ctily-Council if any member of [he f+ty-Council so reguestsprior to any action being taken on the minor use permit application by the Director or PleanirtgCommission. Cr 17.64.060 Findings by the Director for the Renovation or Alteration of a Historic Resource. The Director may aoorove a minor use permit, pursuant to this seetienchanter, if it is detennined that the following findin s can be made with regard to the proposed pro ect: 4-A. Findings for Renovation or Alteration of a Historic Resource: a. 1. The proposed renovation or alteration will not adversely affect any significant historical, curl, architectural, or aesthetic feature of the subject property or of the history of the neighborhood in which it is located: �2. The proposed chanee is consistent with the architectural style of the building: January 2013 1 DRAFT Chapter 17.17 — Special Uses and Standards Page 61 0 e:3. The scale, massing. Proportions, materials, colors, textures, fenestration, decorative features and details proposed are consistent with the period and/or compatible with adiacent structures. W. 17.64.070 Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource. The Director may exempt a designated propeM from obtaining a minor use permit if the following actions will not affect the historic integrity of the historic resource: 4A. Routine maintenance and minor repairs Exterior Painting: -3-.C. Replacing deteriorated roofing materials with the same type of material already in use; 4D. Replacing damaged chimneys with the same tvoe already in use: 4E. Addition or removal of screens, awnings. canopies and similar incidental appurtenances; bF. Addition or removal of exterior walls and fences; -7-.C. Addition or removal of exterior lighting: &H. Addition or removal of landscaping: &I. Addition or removal of driveways and walkways: 44J. Interior alterations, including the addition or removal of fixed or movable cases, shelving and partitions not exceeding eight feet in height: cameting, hardwood or tile flooring, counters of countertops and similar finish work: 44-K. Temporary motion picture, television and theatre stage sets and scenery: 42-L. Relocation of a Privately owned. historically designated structure from a Property owned by the State of California or the County of Los Angeles to another site within the City of Santa Clarita. 1,. 17.64.080 Permit Requirements for the Relocation or Demolition of a Historic Resource The requirements of this seetianchaoter shall apply to the relocation or demolition of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any relocation or demolition of a historic resource within the City of Santa Clarita. The application, fees public hearing and aporovaled process for the minor use permit shall be as described in Sections 47-.944-W] 7.06,110 (Type II Public Noticing (Public Hearing)) and 4N -93,Q4017 24.120 (Minor Use ¢rant or denv the application. There shall be no entitlement fee for the relocation of any historic resource. 3: 17.64 090 Actions by the CA) Council for the Relocation or Demolition of a Historic Resource. TM1e Ctiry—Council of the Citv of Santa Clarita has the discretion [o aonrove, approve with modifications and/or conditions or deny the minor use permit for relocation or demolition of a historic resource. Y. 17.64, 100 Findings by the City—Council for the Relocation or Demolition of a Historic Resource. A property or structure that has been designated a historic resource shall be relocated with the approval of [he CiryCouncil. after a recommendation from the t>ienning-Commission. based on the Qty -Council making one or more of the following Findings: 4A. That the owner of the property wishes to develop or redevelop their property in such a way that would otherwise require the demolition of the designated historic structure and that the January 20131 DRAFT Chapter 17.17 — Special Uses and Standards Page 62 0 • 11 0 0 0 designated structure may be moved without destroying its historic or architectural integrity and imoortance as demonstrated by a renon prepared by an expert in historic vreservation/building relocation. potential effect is outweighed by the benefits of the new proiect and that the structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservationbuilding relocation Upon making either finding, the QPy-Council shall direct the property owner to relocate the of appropriate environmental review, if any. and upon making the determination that relocation is infeasible and there are no feasible alternatives to demolition. the QPy-Council may direct the Building Official to issue the permit for demolition. 6, 17.64.110 Penalty for Demolition or Irreversible Alteration. If a historic resource is demolished without a minor use permit as required by this aeetio chapter. no building or construction -related permits shall be issued and no permits or use of the property shall be allowed from the date of demolition for aperiod not to exceed five t5) years A4 17.64.120 Expiration and Extension. The expiration period and the extension Process of a minor use permit will apply as described in S ctiorls-47$HbBaad-i}:A3-04917.06230 (Time Limits and E.xtensions). 17.06.IS0 (Decision atter Administrative Hearing or Public Hearing) and 17 06.170 (Effective Date of Decision) the State of California may nominate their structures, or otherwise have their structures nominated m historic resources. Any resulting designation will apply only to the stmeturebuildin2 or obiect and not the underlying property Ii 17.64. 150 Incentives. In addition to any other incentive of Federal or State law. the owner of a historic resource may apply for the followine incentives, subject to the discretion of the Director: 4-A. Use of the California Historic Building Code Whenever aoolicable the Owner may elect to use the California Historic Building, Code for alterations, restorations, new construction, removal relocation or demolition of a historic resource, in any case which the building official determines that such use of the Code does not endanger the public health or safety, and such action is necessary for the continued preservation of the resource Such use of the Historic Building Code is subiect to construction work undertaken for resources Pursuant to the Secretary January 2013 1 DRAFT Chapter 17.17 - Special Uses and Standards Page 63 of the Interior's Standards for the Treatment of Historic Properties and that has already been reviewed and approved by the Director or Aleaxixg-Commission in conjunction with a A4minor vu—se Pgemtit. 2-B. Mills Act Tax Relief The Mills Act can provide relief to the property taxes associated with properties designated as historic resources. This paragraph will implement State law (Government Code 50280-50290). allowing the approval of Historic Property Contracts by 3-C. Waiver of Fees for Renovation and Alteration of Historic Resources. There shall be no entitlement fee for the renovation or alteration of historic resources. 4D. Technical Assistance. The Community Development Department shall provide technical assistance to the owner of a historic resource regarding any proposed improvements that are not exempt under Section '7^3144. .1.17.64.070 (Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource): and/or 3:E. Streamlined Permitting. The Community Development Department shall provide the owner of a historic resource with priority entitlement review for proposed improvements that are not exempt under Section 17.03.145.1 17.64.070 (Exceptions to Permit Requirements for the Renovation or 6-.F. Citv. January 20131 DRAFT Chapter 17.17— Special Uses and Standards Page 64 9 • 0 0 • 0 17.51.060 Parkin -Standards Subsections: 47.18.016A. Purpose. 47.(8.0308. Applicability. 17'i,.,9434^' C. Permanent Maintenance Required. 47.18.040D. i7,18.050 17.18>060 Ownership of Required Space. width. o_.:_. and Slope ofDriveways ImpesSible-Axeess 474&070E. Dlf4ieul98r tO P&:I::Rg gpaee"'—.,,teF88F88te ReqUiFemeats. Specifications for Development of Parking Facilities. F. Parkin- Structure and Covered Parkin- Requirements. 47.48. -OWL. Parking for Disabled Persons. °_yam--Pr-aet +7.18690—N.,mbPF 4718.30011. o(9pnees Req o:.s. Parallel and Tandem Automobile Parking Spaces. "'=-..,8.1'^`I On -Site Bicycle Parking Requirement. +4W8 1164. On -Site Parking Requirement. K. Fuel-efficient, Low -emitting, and Carpool/Van Pool Vehicles. "',- 49AZ""L. Loading Areas. "',,-r.8-130M. Schedule of Off -Street Parking Requirements. 4748.140N. Modification of Off -Street Parking Requirements. 37+18,4500. Commercial Vehicle Prohibition. 4;48 QA. Purpose. It is the purpose of this ehaptcFscction to establish comprehensive parking provisions to effectively regulate the design of parking facilities and equitably establish the number of parking spaces required for various uses. The standards for parking facilities are intended to promote vehicular and pedestrian safety and efficient land use. They are also intended to promote compatibility between parking facilities and surrounding neighborhoods and to protect property values by providing such amenities as landscaping, walls and setbacks. Parking requirements are established to assure that an adequate number of spaces is available to accommodate anticipated demand in order to lessen traffic congestion and adverse impacts on surrounding properties. 47,4&6306. Applicability. Al. The provisions of this ehapte section shall apply at the time a building or structure is erected, altered, or enlarged, or when the use and/or occupant load of a building or structure is changed. Alterations, enlargements, increases, additions, modifications or any similar changes to uses, buildings, or structures nonconforming due to parking shall comply with Chapter 17.05 (Legal Nonconforming Uses and Structures). 42. In the case of mixed uses, the total number of parking spaces required shall be the sum of the requirements for the various uses computed separately. Required parking spaces for one use shall not be considered required parking spaces for any other use unless allowed by an minor use permit in accordance with Section 17.03$3024.120 tMinor Use Permitl. January 2013 1 DRAFT Chapter 17.18 – Parking Standards Page 1 Q. Parking spaces established by this section shall be improved as required by this section prior to occupancy of new buildings or structures, or occupancy of a new use in the case of an existing building or structure which has been altered or enlarged in accordance with subsection (Al) of this section. 234. The provisions of this section shall not apply to temporary parking facilities authorized by an approved temporary use permit, except where specifically required by the Director. F5. The provisions of this section in effect at the time of final approval of applications for conditional use permits, minor use permits, development review, and other similar zoning cases shall apply, unless new uses are proposed. -17 1 R 039C Permanent Maintenance Required. Parking facilities required by this section shall be conveniently accessible and permanently maintained to remain clear and legible to the satisfaction of the Director Aeselepmen unless the use for which the parking was required ceases to exist. If a required garage or parking structure is destroyed, it shall be reconstructed within one year, unless additional time is permitted by the Director. '^ -a. 00 3, 218.L00. QFd 09 1 9 2, 1126409. Ofil. 09 10 c 2 12'13'05; n_a 02 1 9 2 1.93,Q7) 1749,8491). Ownership of Required Space. Al. Except as provided in subsection (232) of this section, space required by this ehupteF ection for parking shall either be the property of the owner of the premises, or the owner of the premises shall have the right to use such space for parking by virtue of a recorded lease, feta . The lease shall require that upon expiration or cancellation, the party using the parking spaces provided by the lease, prior to the effective date of such expiration or cancellation, shall notify the Director of such event. If the lease is canceled, expires, or is otherwise voided, other parking shall be provided in accordance with this section. If the required parking is not provided for any use covered by the former lease, such use shall be immediately terminated. 92. Ownership, or a mar recorded lease of required parking space, is not necessary if another alternative is specifically allowed by a minor use permit approved in accordance with Section 17.4}84024.120 (Minor Use Permit). (04 00 3, 219100; ORI 05 1 1,26"05i oral. 05 i9 5 2. 124? l3 n `) January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 2 0 • 0 L 0 0 4; &879E. Specifications for Development of Parking Facilities. All land used for parking, other than a lot or parcel of land having a gross area of one acre or more per dwelling unit used, designed or intended to be used for residential purposes, shall be developed and used as follows: Al. Paving. Where access to a parking space or spaces is from a highway, street or alley which is paved with asphaltic or concrete surfacing, such parking areas, as well as the maneuvering areas and driveways used for access thereto, shall be paved with: 4a. Concrete surfacing to a minimum thickness of three and one-half (3.5) inches, with expansion joints as necessary; or 2b. Asphalt surfacing, rolled to a smooth, hard surface having a minimum thickness of one and one-half (1.5) inches atter compaction, and laid over a base of crushed rock, gravel or other similar material compacted to a minimum thickness of four (4) inches. The requirement for said base may be modified if: a.JlJA qualified engineer, retained to famish a job -site soil analysis, finds that said base is unnecessary to ensure a firm and unyielding subgrade, equal from the standpoint of the service, life and appearance of the asphaltic surfacing to that provided if said base were required, and so states in writing, together with a copy of his findings and certification to such effect; or January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 3 t. .: ..:..:-- 4; &879E. Specifications for Development of Parking Facilities. All land used for parking, other than a lot or parcel of land having a gross area of one acre or more per dwelling unit used, designed or intended to be used for residential purposes, shall be developed and used as follows: Al. Paving. Where access to a parking space or spaces is from a highway, street or alley which is paved with asphaltic or concrete surfacing, such parking areas, as well as the maneuvering areas and driveways used for access thereto, shall be paved with: 4a. Concrete surfacing to a minimum thickness of three and one-half (3.5) inches, with expansion joints as necessary; or 2b. Asphalt surfacing, rolled to a smooth, hard surface having a minimum thickness of one and one-half (1.5) inches atter compaction, and laid over a base of crushed rock, gravel or other similar material compacted to a minimum thickness of four (4) inches. The requirement for said base may be modified if: a.JlJA qualified engineer, retained to famish a job -site soil analysis, finds that said base is unnecessary to ensure a firm and unyielding subgrade, equal from the standpoint of the service, life and appearance of the asphaltic surfacing to that provided if said base were required, and so states in writing, together with a copy of his findings and certification to such effect; or January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 3 &Q Other available information provides similar evidence. 3c. Other alternative material that will provide at least the equivalent in service, life and appearance of the materials and standards which would be employed for development pursuant to subsection (Al )(bg) or (AI)(26) of this section. 4d. The City Engineer, at the request of the Director, shall review and report on the adequacy of paving where modification of base is proposed under subsection (,41)(26) of this section, or where alternative materials are proposed under subsection (A I)(3c) of this section. The City Engineer may approve such modification or such alternative materials if, in his opinion, the evidence indicates compliance with subsections (Al)(26) or (Al )(3c) of this section as the case may be. 82. Marking of Spaces. 4a. Each parking space shall be clearly marked with white paint or other similar distinguishable material, except spaces established in a garage or carport having not more than three (3) spaces. 2b. Striping for parking spaces may be modified by the Director where there is a dual use of the parking facility or where an alternate paving material as described in subsection (Al)(3c) of this section is used. In approving such modification by site plan the Director shall require suitable alternate means of marking the space to ensure the required number of spaces is provided. Q. Wheel Stops. Wheel stops shall be provided for parking lots with a slope of more than three (3) percent, except that the installation of wheel stops is optional for parking stalls oriented at right angles to the direction of slope. D. masoni3, wall aF landseaped earthen bei*ii, not less than thirty (30) insheq AeF MOR than IeFty two (42) iRehes in height, shail be eensfmeted at the edge of the ultimate stFe January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 4 0 • 0 0 within a building. ] All landWaPMatOFiRgand .. :..L SyStefflS a Shall be olearly indieAW en .L_ DON elopment. A PaFk'.......... ... Shall 1._... 10..ted f,.......J.n..g'WO \a , high adjaeont to the , 6. Wh _ "4HHg ` as nie L,•cimRII �. 1-Rd�o....dje.. �cyu� �nsvpoo" a I.....J.,...ped .._.,_ a M..,:... ... Of eA ..1 \.. l._'. ..1 . � vp�vmoFSii.p at least six (6) inehes high and six (6) ifieheS ', UIL... .. �....L'..5 . C._wmakes OH .. W de. Within this 'OfldSeared PlflflteF afea A61 f,_....d.....p _d p infeasibie January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 5 0 G4. Slope. Parking lots shall not have a slope exceeding five (5) percent, except for access ramps or driveways which shall not exceed a slope of fifteen (15) percent. 45. Design. +a. Parking spaces shall have the following minimum dimensions: gha 11 ha -e M in imum dimensions of Rifle (9) feet by eighteen (19) feet, bLi_)- For single-family and two-family residential uses, each parking space shall be fully enclosed and have minimum dimensions of ten (10) feet by twenty (20) feet. Parking spaces shall be designed to remain free and clear of all obstructions, including, but not limited to, washer/dryer units, water heaters, etc. All required garages shall maintain a minimum opening ofxinaeeieht (98) feet in width by eight seven (87) feet in height for each parking stall or fifteen sixteen (1316) feet in width by ei&-seven (87) feet in height for double stalls. '2b. Parking lots shall be designed so as to preclude the backing of vehicles over a sidewalk, drive-through lane, public street, alley or highway. Parked vehicles shall not encroach on nor extend over any sidewalk. Parking spaces and drive aisles shall be designed and striped as shown in Figure 17.51 - I (Minimum Dimensions for Standard Parking Stalls) below: MINIMUM DIMENSIONS FOR STANDARD PARKING STALLS Direction (a) Angle in degrees (b) Stall (c) Aislc (d) Overall Width (e) Curb Length One-wav 30 1610" 15'10' 49'2" 18' 45 19,11, 16'6'A 54,8„ 12,8„ 60 20'1" 19'4' 5916" 10'5" Two-way 90 18' 264 62' 9' .. TWa5'....a:_ r-....._a_d ..___es'Analed parking with two-way traffic shall have a minimum drive aisle width of 26 feet. January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 6 0 • • • 30 Degrees 45 Degrees 60 Degrom 90 Degrm FIGURE 17.51 — 9 Minimum Dimensions for Standard Parking Stalls January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 7 STANDARD PARKING STALLS Modifications to the designs shown above may be approved by the Director; provided, that such modifications are compatible with the design criteria contained above. 0. .. .. C..,.. A_:..,LF... gh 1.._t L..11 L+ S....aRlt.A ffOM the ..:F...I..F:.... .r.... He6eSSW�' for L C....L A.:... .L_......L I.......lff 1......_ ..f ....% to .. ...L..... �.... A:...:.....1.. A..1:_.....,.J El. The 2111010OR01HOg eapftib f.. a e8fiblillifig A.:. . rl.... ..1. faBilitiOS Shall be as fellews! January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 8 • • 0 • 0 A T.....1.(IsH*iHH...! A 311 All 4....1.,..igHe.1 f@ 1140 ...,651406.. ..C.10 II' FeRt.. 3c. No dead-end drive aisles shall be permitted to be any longer than ten (10) parking stalls or one hundred (100) feet in length, whichever is more restrictive, unless adequate turnaround space is provided to the satisfaction of the Director -° "tea. --••-ice Development. 16. Site Plans. A site plan shall be submitted to the Director to ensure that said use will properly comply with the provisions ofthis development code. (QW. 00 x orcin.,. n.a 01 c 512741i noga 02 c nn�02i OFa, n5Tc�429c. n -a, nc 19 § 2, Q'I ,9cin-a,�W 1 .4 2, xio�i F. Parkin- Structure and Covered Parking Requirements. Parkin- structures and covered parking shall be designed to meet the following design requirements. 1. Parking Structures. a. Parking Structure Setback. The setbacks for the exterior walls of any above -ground or underground parking structure shall not encroach into the minimum above- building/structure setbacks. b. Vertical Clearance. The minimum height from the floor to the lowest ceiling structure. support beam. or overhead fixture, such as a conduit. pipeline, lighting, signage, or anv obstruction mounted on the ceiling shall be as follows: 1 � 1 Eight (8) feet two (2) inches for parkin- areas, including areas providing accessibility to parking spaces for the disabled: L21 Fourteen (14) feet for areas providing access to loading areas 5. Parking Stall Width. When the side of a narking stall abuts a building, fence, wall. support column or other obstruction which would interfere with access to a motor vehicle, the width of such required stall shall be increased by one foot to the parking stall requirement. d. Dead-end Drive Aisies. No dead-end drive aisles shall be permitted to be any longer than ten (10) parking stalls or one hundred (100) feet in length, whichever is more restrictive, unless adequate turnaround space is provided to the satisfaction of the Director. a. Parking Structure Ramos. (� Ramos with adiacent parking. The maximum grade of ramp slopes and adiacer)_t Barking areas shall not exceed five (5) percent The minimum ramp width shall be 26 feet. Ramps with no adiacent parking. The maximum grade of ramp slopes with no adiacent Parkin- shall not exceed 15 percent. The minimum ramp width shall be 26 feet. (3) Circular ramps The maximum grade of a circular ramp shall not exceed twelve 021 Percent as measured at the outside ramp wall. The minimum ramp width shall be 36 feet. (4) Ramo Transitions. All ramps shall be orovided with transition zones at the top and f. January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 9 Z. Mirrors. Viewing minors shall be installed in order to Provide adequate sight distance, to the satisfaction of the Director. h. Architectural Desien Standards. Parking structures shall be designed in compliance with the City's Community Character and Design Guidelines with articulated elevations and architectural elements added that give the structure Proportions that reflect a regular buildine. 2. Carports for Required Parking. P elesed , -long 4:h, feOOF ..f COMRIU14ty following criteria: A. Vehicles parked in such camorts are completely or predominately screened from view of the public street by means of landscaping, grade differentials, walls, structures or other means. The carports are enhanced by landscaping and/or other decorative design materials 63. The layout of car�rt areas incorporates design variations to avoid a long, linear and monotonous appearance. A. The exterior building materials of such camorts are of similar quality and architectural style to that of the main building on-site. e3. Roof nitches are generally consistent or compatible with those of the main buildings on- site. 47A&080G. Parking for Disabled Persons. A41. Number Rett :reoAccessibility Requirements. Parking facilities shall be orooerly designed, constructed, and maintained to Provide for access by the Physically disabled from public rights-of-way, across intervening narking spaces, and into structures, including parking spaces soccifically designed and located for the use of the disabled/handicaooed Standards for the facilities shall be based on the standards of the California Building Code CBC) and other applicable guidelines 2. _ Number, location of, and access to spaces reauired. Parking spaces for the disabled shall be provided in compliance with the California Building Code (CBC) and with the sign requirements of the California Vehicle Code, as anolicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street Parking spaces R I WIN 11! 1111 January 2013 1 DRAFT Chapter t7A8 — Parking Standards Page 10 11 r L J • 0 0 Total plumher of pfiFicing SpRees Number of Parking Spam Required for th fftfMJa9 �ocn j nni 30 Senn g 494 380 9 394--1,000 v2-peF2bHF oftstg 4;08+ ffe�ISIORS shall PFaN ail. B. J .. on-spaeve 6.. rile el le disabled shall be laeated a neaf as pmeoeable to unleading ofea ...Le e _ The _. (19) feet. These paFlEing spaeos shall nimam be le"gth jes gRed ..f each Substantially par4ang spaee shall be dell._._ " eanfommee mrith the n. C. C......emphm..m♦ 1_ ,.....1....._ dfl-, .._...r ...d....ent of ea. s ave_ the ... Fell. heel ,.r,._ _,.A...:dth OF ,. of _L ARN walWayq. be P_..%.'d_d .._J !Heated to A199, the spaoo shall L. t.t.e..:d._d L..f _ash L.._d: �.. 1 _._ f_.en♦.ef_.._...gSpd..e.. fe_ rLe..l....:...1.' ..1. ._. ..._ J...�...__..� when Hot elle... D4 Slopes. SuFfaee slopes of pafking spaees possible ,._e d rerNea .._..... d:e...l..d _•_Fell__ ,. elle r.. _..I..r_a foF the e.. ...1. C .' ffia n ..._� e..e.....�.. physieally .e .. _ r.... _..1 �...A^:.... ........._ d sabied feet (eno] d'_.... _L MS FOM195 rl._ a ..rlVO94 ._..�... ... elle. ..�......... 1'♦ enter shall be the Minimum .e_..,e... Slope) :.. _ any January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 11 11T.,19 1100H. Parallel and Tandem Automobile Parking Spaces. Al. Parallel Parking Spaces. For commercial uses, parallel parking spaces shall not be permitted in -as required puking -are". For industrial and office uses, no more than twenty (20) percent of the required number of parking spaces may be parallel parking spaces, with the approval of the Director of Caffiffienity Pek,elepmeat. For multifamily residential uses parallel parking spaces shall be Whem permitted-. Where permitted, these parallel spaces shall have a minimum dimension of ten (10) feet by twenty (20) feet. Where an industrial or office use ceases to exist, the parallel spaces shall not be included in required parking. -must b elim'_..«..d fFom the _..long aFe.. 132. Tandem Parking Spaces. With the exception of mobilehome parks. caretaker's residence. and second residential units, tandem parking spaces shall not be permitted in -as required parking areas. With the approval of a minor use permit, multifamily residential units are permitted to have tandem parking spaces in a twelve (12) foot by forty (40) foot enclosed garage with direct access to the residential units for which the parking is designated. (Ord nn 24800. n -a 01 c 71274,. n-dnc 1 c o 1 ncrnc. n_d nc an s 2,12,113'05) WA8.4051. On -Site Bicycle Parking Requirement. Except as otherwise provided in this section, OF Spee fically allowed by the FeEtHirements af 513eeifie Plan, OF UH1055 eXpfe%ly allowed by an adjustment or N,mianee apfwBved pursuant to N,93 Seetien- .050 every use shall provide on-site bicycle parking facilities to accommodate the required number of bicycle parking spaces. All bicycle parking shall be evenly dispersed thFSUghOW the __.:.... Sit@ tS _-_.:a„O@Hveniant biey_lef3ff!Econveniently located near the street or entrance to the building. to the satisfaction of the Director I. Number of Bicycle Spaces Required. Every use shall provide on-site bicycle narking Wace - in accordance with the following ratios: Retail/Commercial Uses 1 space per each 25 vehicle parking stalls Office Uses I space per each 30 vehicle parking stalls Industrial Uses I space per each 40 vehicle parking stalls Multifamily Residential Uses I space per each 5 residential units Mixed Uses Subject to the review and anoroval of the Director January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 12 0 C� J 0 1''x..18 -110J. On -Site Parking Requirement Except as otherwise provided in this section, or unless exnressly allowed by a minor use Permit for a shared narking agreement or parking reduction, pursuant to subsection (N) (Modification of Off -Street Parking Requirements) Of 0 SP80 he BF UNIOSS.., ,... ea b - MJHStffieflt a %aYYFa . _a Y _ . Y � SeatioR !?.059, every use shall provide the required number of parking spaces on the same lot or parcel of land on which the use is located. For the purposes of this section, transitional parking spaces separated only by an alley from the use shall be considered to be located on the same lot or parcel.(^_,((,-, 0,x,.) Comment [011: General Plan Implementation K. duel -efficient. Low -emitting. and Car000tfVan Pool Vehicles. - - - Comment [GP21: Gmerzl Plan Implementation Except as otherwise orovid ed in this section, ery use shall yrovi& the required number of designated narking for any combination of fuel-efficient low -emitting and camooiivan pool vehicles as follows: I. Number of Spaces Required. Total Number of Parking Spaces Number of Required Spaces 0_9 0 10-25 1 2626=50 3 5151=75 6 76=100 8 101-150 ll 151-200 16 201 and over At least 8 percent of total 1',,44. -I -ML. Loading Areas. At. General Provisions. +g. Required loading facilities shall be located on the same site as the use requiring such facilities; 26. No required loading facilities shall be located in any required setback areas; January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 13 3c. Whenever possible, loading areas and docks shall be permitted only in rem and side lot areas and, if facing a public street, shall be screened from view of such street; 4d. Sufficient space for turning and maneuvering loading vehicles shall be provided on the site. Turning radii shall be consistent with California Department of Transportation standards; 3e. Loading spaces shall be located and designed so that trucks shall not back into a public street; and 4f. Adequate treatment such as walls and landscaping shall be required to the satisfaction of the Director as necessary to screen and buffer the loading area from nearby residences. 132. Type of Space Width Length Height Delivery van space 12' 20' 14' Semi truck space 12' 50' 14' Q. Number. Every nonresidential use shall provide sufficient on-site loading and unloading space as follows (required loading and unloading spaces for uses not specified below shall be determined by the Director): Q. Commercial Uses. Use Floor Area in Square Feet No. of Spaces Required Office (medical and professional) 3,800-25,000 1 delivery van space Over 25,000 2 delivery van spaces Retail and services 3,980-25,000 1 delivery van space 25,001-50,000 2 delivery van spaces Over 50,000 1 semi truck space Retail (single occupancy) Over 30,000 1 semi truck space Retail (retail center) N/A Determined by Director Hospitals and-iusFitatieus Less than 50,000 1 delivery van space 50,001-100,000 l semi truck space Over 100,000 2 semi truck spaces Restaurants, hotels and motels N/A 1 delivery van space January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 14 0 • • 171 Ph. Industrial Uses. Use Floor Area In Square Feet No. of Spaces Required Warehouses and manufacturing 3,000-15,000 l delivery van space 15,001-40,000 1 semi truck space 40,001-100,000 2 semi truck spaces Over 100,000 2 semi truck spaces + I semi truck space for each additional 50,000 sq. ft. to a maximum of 6loading spaces Multi -tenant industrial N/A Determined by Director #dg.A39M. Schedule of Off -Street Parking Requirements. Al. Purpose. This -seat ia Off-street parking requirements are established to idefftifr idcnti minimum parking requirements for snecific use types. Additional parking may be required if deemed necessary by the Director . belasv- I. 'As-dete Hued by th@ P'-,r�Gt@e' shay,-- earfthat -the -Piceater shail d0t@�ine t: e ..w9ww o.m.v..v v. f finds adequate Y.. .ate to p-ent na ffie .......estia" and -. ..Ag. .--'%,e 8"" ...--... f3..- Whene -- y 91.2 1.- L.....1 spas the - . C..- 11.- ... RStn ] "Cus,..meF ......:..e ..-ens. gh"11 Mean .A. ..-... within a fae .t whem customers of the fa and neludes fixed and non fixed seatia .hd .. ..thnf areasWOMSeF'ed.1. .. A..,. �6eHSteffiefSaFe areas off limits te patFe"s; 1. "Difeetse, shall mean the Difeet@F of cofflffluait� Development; SP908 Of ...1..- s C.. ol]_. .. ... WHOtffe, t RaH ildee . ffea as determined 1. the Cut fe .0 Building l Godo, ::.p..-- :: v� u...g cvoc. 6. "Fixed seating" shall mean seating that is pe�mently fileed "d iffiffloNle. it ffla� 7. "Fully eftelesed" shall mean on the top "i Mi s dos with 813aEtHO MateFial ,... :,ray^^...: ^,......,.,.The ^ feEidiftMeNtS SHNOOt t@ the pEavisians _fSeetion 17.18.140(B). r. 10- roto :o>:ommr>ol � January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 15 62. Uses Not Specified. Where parking requirements for any uses are not specified, parking shall be provided in an amount which the Director finds adequate to prevent traffic congestion and excessive on -street parking. Whenever practical, such determination shall be based upon the requirements for the most comparable use specified in this sestieaDivision 17.40 (Use Classifications and Required Parking). 3. Access to Parking Spaces for Nonresidential Uses. Parking spaces in multi -tenant commercial centers, office centers, industrial centers, and in all nonresidential developments, shall not be assigned to specific businesses or tenants and shall remain available to all tenants within the center, unless otherwise permitted by the Director. The use of time limits for such parking spaces may be permitted. 94. Schedule of Off -Street Parking Requirements by Use Type. T4e4&l4ewin&S2ecific use types shall provide the minimum number of parking spaces as indicated belawin Division 1740 (Use Classifications and Required Parking), Chapter 17.38 (Overlay Zones). and Chapter 17.55 (Property Development Standards — Mixed Use).. - Residential Unless Uses etheiw so fl8t0d, all MqUiFed PaFlkifig spaces shall be designed R EIOBeFdaflU- W411 9006011 17.18.40740, I Gffet" f'sn"ide-�+denee_". ✓3e (ani -3-6 Community GaFe Fae 1 ty 0.5 SPOSeS 19eF UHitt plug guest par4ang at 1 spaee 19eF eaeh 8 ap1Es 4, Dwell" a: c -o..,s 2spaees tk T'^e Faffl Ij and'e C�����io 04 15 r44 Guest Parkin pec_er each twoUnits (f - ........1...... With MON thea3etxts} � c.....ilHomes 2-Spaee$: 6. L......-.r.�0sISe 8:73-spaees-peFbed' January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 16 0 0 0 C-offiffier6fil Uses 0 a Da)' ard d Aniffifil shelte January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 17 0 e: Ridixg-Aeade -a-. 4--9� if vet « - � of animals). 4 . January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 17 0 8, Eating and PF;Rk mg Estabikhment feet of seating �da with 6 RNtaaraxts Com/ Tkreaglt f]\ i LmitcrtmFCsGTs,Fvers,ie•• Com/ _p___ref ___-_________`^ PIUS __, ___ PeF ._ SEJUffe ___. (4) ru4i Somw en ., .1. ]cn ..,. .. ,. cm. ,.o...._a _m 44-. Ledging a- $2d- and -WeakfastS gHeSt F88111 OF SU48 PIUS '__a..a_.:..g o,_ HeteYaFP�tetek eck}itienal uses an site 42-, eed eat e spaee per ]nn ..,. a , a... 44.- .,_2cnS .._ a- Cali Center 1 s a OF 200 ..,. .. , feet 446, o..,._....._�m,.�_.....'o. a:;..fir_ __ _.„�no^o-SQUaFe fee . b-. Amusement NOE As detamined by the Pireet�. f�Ot Of Seating aFeas with nos fixed somingi plus 1 space fe ....1. ] M ._rl.. a .. January 2013 DRAFT Chapter 17.18 — Parking Standards Page 18 E • • 0 (-H a. ...amu . E� tlo.%lifis"�y 11) Health And Fil ss Clss /` 6 (M paintball (54 RaequetbalblTennisGowts to (74 basketball) g (4) Dr o, SHe SH6 J34 N41Hi8N FIGOI (a) January 2013 1 DRAFC Chapter 17.18 — Parking Standards Page 19 without^� e (9) Fae i -260 SqHafe f,Ot.r_ec.. n..._.,..._ . d &. As detomined b) tile pwdoor. g (4) Dr o, SHe SH6 J34 N41Hi8N FIGOI (a) January 2013 1 DRAFC Chapter 17.18 — Parking Standards Page 19 -iRtMSfieEIe: 4-7-. Retail o_ n.._,..,dn.._,..al RCtaii 1 spaeo per 250 square f..r £1lt\OyptHg-C-enteFS `TIUp tO 100,000 SqUaFO fee1 . ._ 200 . q. _.... ...L ......._..._...... is ....A.. ing ,.L.. be ..__i -d r. rl...r Use as_ed'_.L'.. Q-) GFeatffthan 100,000squa+e1 Spfte _., nnn ..,.. aFe f_... feet D15OBlHIE-s[(lidtl aijitional uses an site.e g, Wires SPOOO PeF 250 ..... aFe feet k- Gt+ed-Slefe5 r Furniture-SteFes 4-�F 400 squffe Net; NuFsese LTS Retail eF 250 -.. Fe t.etj SPHO .._ 1,000 .. ......... f.o. C" a�C �...d....� ..... �...... .. �.... (24 whatesale R t snd,.��'m.ao' Wng Tmn.. gT....... January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 20 0 • L� 0 • 0 as S_hoA ialze a Voeatienal . M Mm.-_. (3) Gas sales (44 a.,__ � a�.,ee (5) (A)Sale (B) Rentals b-. ;tet sa;zar;.y,F�R.`r°�-g R"si (1) Repair 2.0..c....._e. qpaees Pe.b _a bed January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 21 Sales ta+ W. 04 and Rerital lTl Body Rapai 4, Assembly @ettling-Rlaats 1-5-. {l;.iStHbutff ShOWFOOM January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 22 r11 • 0 on site. lodustrial-Uses Unless otherwise noted, Oil feqUiFed Pffkifig Si3aOeS Shall be deS ��dd in a88')fdRHU - I' ith 904'OR 17 18.070, 4, Assembly @ettling-Rlaats 1-5-. {l;.iStHbutff ShOWFOOM January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 22 r11 • 0 0 0 January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 23 Ll . ,.n, c.,vU5.:.g an site. NNW and Sem' Pubhe Uses 1 spaeo pef 4 fixed seats (ewFy 24 inehes of Wash ShAl 1;" aonsil -f,,l Rne qeat)� plus 1 spaee per 29 v�ffliaCTe�� January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 24 0 Ifl�REI�RR__�_ f_F._In__1_A11lRRRlJ ____ _._ .. �. January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 24 0 0 0 11 1 i k lleft+e»kare . �.Re�� b, FOF Gaffiffi� id Sale t:Within Publie Ut'ii[y-Easements 2, C..�..TRtrFis M Ew4eI1A.. �1.... ¢e Rg Keeping ofAmimalls $ o:� 16�nraal:c_ u_,..,._ ........d c,._,....,..:,.. + n .._..,.,... I Tempefef� Real Estate Offiees 1 SrfteO __F icy SqURFe A_..,. 1748.140N. Modification of Off -Street Parking Requirements. A. o..Me and o..:....... o.._i... The Tl:Ngt ff .,..,.. ...:.6..... _..Lc,. L...,_:_.. ..___... ,. .. ..,Odic__.:,._ :_ the _..ul._F of a.....M._L. O pffk Rg .._,,...,. ___..:_,.a f _ _..u:_ __ E] PAN'at �. ThM the DiF N10F Of ,..1.,.f c..OFS, RFA Npaled ..r_ USag@%a Rd eatO .h... .. adequateto 101,611 4�1 and so meamffie_a.. January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 25 9 1� fiM3fM3i6� A TL.-......-_:.._L..:I A'.... .....r..:..1. .0 .. ,.L ...._.. 4...._ of sim 1.._..ualit. and .._..L:. _• ural ain building an site� an site. 61. . ,. _ _ Shared parking shall be allowed with approval of a eenditienal minor use_ _ - - - comment [Gt+31: c<aelat rias tmPi<Illemaron permit in eammemial aRj industFiai zones for shared parking aereementsa9justenents-evev twenty PeFe ... (299.) .....1 :rl. ....-_... ..1 ..f ..- adjustment in ...........-e a! Md '_d...r-:a ZOReS e..ty-PeFOO...T,��a„�F, pursuant to F-hepfer-Section 17.9324.120 (Minor Use Permit) of this eedeCodc. 4a. Parking facilities may be jointly used with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Requests for shared parking in eiieess _f y (20) --- are subject to the approval of the Planning G..__i..sion and must meet th following conditions: a411A parking analysis and survey data conducted by a licensed traffic engineer or other traffic professional acceptable to the Director, shall be submitted and demonstrate that substantial conflict will not exist in the principal hours or periods of peak demand for the uses which the joint use is proposed. (2) The peak hours of parking demand from all uses shall not coincide so that peak demand is greater than the parking provided. January 2013 j DRAFT Chapter 17.18 — Parking Standards Page 26 U .i 9 1� fiM3fM3i6� A TL.-......-_:.._L..:I A'.... .....r..:..1. .0 .. ,.L ...._.. 4...._ of sim 1.._..ualit. and .._..L:. _• ural ain building an site� an site. 61. . ,. _ _ Shared parking shall be allowed with approval of a eenditienal minor use_ _ - - - comment [Gt+31: c<aelat rias tmPi<Illemaron permit in eammemial aRj industFiai zones for shared parking aereementsa9justenents-evev twenty PeFe ... (299.) .....1 :rl. ....-_... ..1 ..f ..- adjustment in ...........-e a! Md '_d...r-:a ZOReS e..ty-PeFOO...T,��a„�F, pursuant to F-hepfer-Section 17.9324.120 (Minor Use Permit) of this eedeCodc. 4a. Parking facilities may be jointly used with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Requests for shared parking in eiieess _f y (20) --- are subject to the approval of the Planning G..__i..sion and must meet th following conditions: a411A parking analysis and survey data conducted by a licensed traffic engineer or other traffic professional acceptable to the Director, shall be submitted and demonstrate that substantial conflict will not exist in the principal hours or periods of peak demand for the uses which the joint use is proposed. (2) The peak hours of parking demand from all uses shall not coincide so that peak demand is greater than the parking provided. January 2013 j DRAFT Chapter 17.18 — Parking Standards Page 26 U u 0 b-.L3j The number of parking spaces which may be credited against the requirements for the structures involved shall not exceed the number of parking spaces reasonably anticipated to be available during differing hours of operation. e. Paflang feeii tips designated feF #Rt use would not be Wealdd AIRlIeF thaR five 4.t4j A written agreement shall be dmwm to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the number of spaces designated for the joint use.' -Q^ 3, 2,'9100; Q a--o-d ^' 9, IWAIi Q^. -a. 02 5 4,23,02i n_d pc r c 2 ncrnc. Ord nc rm c 2 12,11345i Ord ne 13 c 2 2 Reduction of Parkina. Reduction in the number of parking spaces required by this Code _ _ - comment (GP41: cmeni Ptm rmpIemww,, may be permitted by up to 20 percent with approval of a minor use permit. Parking reductions greater than 20 percent may be permitted subiect to the approval of a minor use permit by the Commission. A request for a reduction of parking may be granted if the approving authority makes the findings oursuant to Section 17.24.120 (Minor Use Permit). The approving authority may also impose the following conditions of approval: a. Conditions of Approval. (1) Parking demand study conducted by a licensed traffic engineer or other traffic professional acceptable to the Director shall be provided with each request for a reduction of parking. (2) Theea eroving authority may impose conditions relative to the duration of the permit, operation of the land use, regulation of hours of operation, or such other conditions that the approving authority may deem necessary to ensure the compatibility of the use with surrounding uses and to preserve the public health. safety, or welfare. b. Permit Does Not Run with the Land. (I) A request for a reduction of parking is valid as long as the specific land use(s) remains the same as at the time of permit issuance, including but not limited to, Nancy. hours of operation, services or goods offered and a mix activities within the use. The permit does not run with the land, therefore is null and void if circumstances warranting the Parking reduction change. 3. Transitional Parkins. Transitional parking on property that is zoned residential or oven space may be permitted with the approval of a minor use permit pursuant to Section 17.24.120 (Minor Use Pernit) of this Code. Transitional parking shall be subiect to the following: a. For the purposes of this section transitional parkin2 spaces separated only by an aIle from the use shall be considered to be located on the same lot or parceP b. Transitional parking shall not be considered shared parking. unless a shared Parking agreement is approved: c. If transitional parking is located on an adjacent parcel to the use, then both parcels shall be under the same ownership: and d. If transitional parking is located on an adjacent parcel to the use, then a covenant or other agreement shall be executed to the satisfaction of the Director and shall be recorded in the County Recorder's Office to ensure the continued availability of the Parking spaces. 44tA8,458O. Commercial Vehicle Prohibition. fellaw ng shall be pe"itteEk January 2013 1 DRAFT Chapter 17.18 - Parking Standards Page 27 L a. VahT ,a;2' ..nth a g:@SS kreh.ele ,eight @f thann ,e fhaiiSaad-c1n� 1 .) q 3. Vehiele when Rec fer ernStvVtO being _eFf.....,, th vii,--rt'rafio- r-none-o�.x..s-pmvmeov�.:--:m iHiii ^ �Oel Of land; B1. The parking of any commercial vehicle, as defined in the Vehicle Code, having a gross vehicle weight (GVW) of greater than twelve thousand (12,000) pounds, on any property zoned for residential uses, is prohibited, with the exception of the following: 3a. Vehicles while in the act of loading or unloading passengers, materials, or merchandise; 3b. Vehicles engaged in performing a service activity on the adjacent lot or panel of land; and 3c. Vehicles when necessarily in use for construction work being performed in the immediate vicinity. 9 January 2013 1 DRAFT Chapter 17.18 — Parking Standards Page 28 n L 17.51.080 Sin Re ulations Private Pro er SeetiensSUBSECTIONS: 171. 1° 010A. Purpose. -3 74 020 -Definitions. 17 19 030B. Applicability. 17 19,040C. General Provisions. 17.10.090 Signs Not Requiring 8 SigH PeFffilt; 3719060D. Administration. 173907 E. General Location, Height and Area Standards. 17.19.089F. Design, Material, Construction and Maintenance Standards. 17.19.10 G. Commercial Siens in General. 17.19.0 H. Building Identification Signs. }7.19,100 Eo.: mereiel Signs in General. 17.19;110 ..epe kd. 17.'z, 19.1201. Construction Signs. ".'i-r-ri'4-✓o.' 293. Directional and Informational Signs. ".'_ .T1.0K. Incidental Business Signs. ".'_ 19450L. Monument Signs. 1 'QOM. Off -Site Signs. • 17444-70L. Pylon Signs. 11_.9.1 800. Real Estate Signs. 1v, 1. 1909 Special -Purpose Signs. 474440_Q. Subdivision Identification, Sales, Entry and Special -Feature Signs. 17.1199.23011. Temporary Freestanding Slims. 17.19.2105. Wall Signs. 171�9 220T. Window Signs. 17.19.230 T.,.. par-.,_ c...,...,tanding c:.._... 17.19.240U. Prohibited Signs. "SOV. Removal of Signs. 17 19 366 W. Appeals. ".SOX. Sign Regulations Matrix. 1749,28 Y. Illustration of Sign Types. 1'a�sn.'9 o9ivA. Purpose:The purposes and intent of these sign regulations include to: Al. Regulate signs located on private property within the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. B2. Implement the City's community design and safety standards as set forth in the City's General Plan, specific plans, special standards districts, City Beautification Master Plan, City Arehiteev&ml Community Character and Design Guidelines and rnnnieipe4-Municinal eedeCode. G3. Maintain and enhance the City's appearance by regulating the design, character, location, • number, type, quality of materials, size, illumination and maintenance of signs. January 2013 1 DRAFT Chapter 17.19 - Sign Regulations Page 1 17.19.020 DefiHififfll% 111a_,h. ^h_ases and teF.........ed in this eha tef has e the meaning . set f4th :« this Beet:.,« "PiFeeter' .flee«., the _QiFvete e f C`Of..._...«:ty De. ele«...,.-.t r the Pirvete s designee "Efe..t" ffie ff..., to build, eensin.,.t atteeh' ...... hang «lae„ pend ..r a ffi., to ,.-upon a fly .....f6ee "Pe t holder" meaFtepefsea..he h,.ed a nuit « «t to this ehapteF ate..t:e« to an ebteet, ed..et, plaee, etiyit., apiiiieft, PeFson, ifistitutieft,« business, ar whieh identifies or prometes the interests of any perseft and whieh is 4e be viewed frem „-.y publie street read high....... right of way or «,.^ ing area. The f llowin. are not withinthhe definition efttsip" for the ..e,-..h.te.�, «......ese., of this eh„«ten • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 2 • D4. Serve the City's interests in maintaining and enhancing its visual appeal for residents, tourists and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located or maintained signage. E5. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. €6. Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business. 67. Encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property. 118. Establish sign sizes in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains. 19. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways. 310. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the City. 111. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information. L12. Reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. M13.Regulate signs in a manner so as to not physically interfere with or obstruct the vision of pedestrian or vehicular traffic. • 1414. Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City's building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter. 815. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety. 1216. Enable the fair, consistent and efficient enforcement of the sign regulations of the City. Q17. Regulate signs in a constitutional manner, which is content -neutral as to noncommercial signs and viewpoint -neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes and intent stated in this section. (^-a 03 1:7 ,; 2, 124603. n_a nc 19 ,; 2, 12,113,105) 17.19.020 DefiHififfll% 111a_,h. ^h_ases and teF.........ed in this eha tef has e the meaning . set f4th :« this Beet:.,« "PiFeeter' .flee«., the _QiFvete e f C`Of..._...«:ty De. ele«...,.-.t r the Pirvete s designee "Efe..t" ffie ff..., to build, eensin.,.t atteeh' ...... hang «lae„ pend ..r a ffi., to ,.-upon a fly .....f6ee "Pe t holder" meaFtepefsea..he h,.ed a nuit « «t to this ehapteF ate..t:e« to an ebteet, ed..et, plaee, etiyit., apiiiieft, PeFson, ifistitutieft,« business, ar whieh identifies or prometes the interests of any perseft and whieh is 4e be viewed frem „-.y publie street read high....... right of way or «,.^ ing area. The f llowin. are not withinthhe definition efttsip" for the ..e,-..h.te.�, «......ese., of this eh„«ten • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 2 January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 4 0 0 0 U January 2013 1 DRAFT' Chapter 17.19 — Sign Regulations Page 5 - ... . Ila . . . NO .. . ......... _. ...... -. Mim - In WOMM M- January 2013 1 DRAFT' Chapter 17.19 — Sign Regulations Page 5 ...... ..._ a. ------- shopping J ________ center. .._ _____.a _ _.---- _. _.. .,.._ ....... _. __ _. a.______- _., y....... .,... 2. Sign, SeeenQe.y Wall. `S" 'sa-alon .n main ele*A-6wi vith g- gepan-dafy wivmFy wall rsign" rsveans eatfaftee eF f4eing a a g-a;-eleyati stfeat 9F eH site parking other thafl area E)F paFlEing -6h � Sign, Window. "Witidew sign" Eneans a*y sign painted an a windem, OF 68fistrusted 89 papeF, eleth, eanvas or ethef similar sideof a window. lightweight matefial, with or without 4ames, and affixed to the interie ".V)4 B. Applicability_This ehapter- ection regulates signs located on private property within all zoning districts of the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. Except where otherwise expressly provided in this ehaptmggtion, all signs located in such areas of the City shall be erected and maintained in conformity with this ehaptersection. The standards regarding the number and size of signs regulated by this ehepteFsection are maximum standards, unless otherwise stated.49rd. 17.19.04 C. General Provisions. Al. Sign 1?eFraWAp .Loyal Required. Except as otherwise expressly provided in this ehaptersection, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign pet approval from the Commun4j, Development DepaFtmentPlanning Division in accordance with the provisions of this ehaptersection. No sign peFmit—approval is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. The following signs do not require sign approval, provided, however, that each such sign shall comply with all applicable requirements of this section: Construction signs; Incidental business signs; Real estate signs; Temporary freestanding signs permitted by subsection (R) ''.'T 30 -(Temporary Freestanding Si ns ' and Window signs. 92. Owner's Consent Required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the City. Q. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this eheptersection. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this eheptersection, all noncommercial speech messages are deemed to be "on- site," regardless of location. January 2013 1 DRAFT Chapter 17,19 — Sign Regulations Page 6 • • 1111 Iffil ----------------- NO Mtt - - m-r-whoux—An—, al-e—W— .. --- ------- ".V)4 B. Applicability_This ehapter- ection regulates signs located on private property within all zoning districts of the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. Except where otherwise expressly provided in this ehaptmggtion, all signs located in such areas of the City shall be erected and maintained in conformity with this ehaptersection. The standards regarding the number and size of signs regulated by this ehepteFsection are maximum standards, unless otherwise stated.49rd. 17.19.04 C. General Provisions. Al. Sign 1?eFraWAp .Loyal Required. Except as otherwise expressly provided in this ehaptersection, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign pet approval from the Commun4j, Development DepaFtmentPlanning Division in accordance with the provisions of this ehaptersection. No sign peFmit—approval is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. The following signs do not require sign approval, provided, however, that each such sign shall comply with all applicable requirements of this section: Construction signs; Incidental business signs; Real estate signs; Temporary freestanding signs permitted by subsection (R) ''.'T 30 -(Temporary Freestanding Si ns ' and Window signs. 92. Owner's Consent Required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the City. Q. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this eheptersection. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this eheptersection, all noncommercial speech messages are deemed to be "on- site," regardless of location. January 2013 1 DRAFT Chapter 17,19 — Sign Regulations Page 6 • • •D4. Substitution of Noncommercial Message. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this eheptffsection. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.), as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this ehapteFsection, the provisions of this subsection shall prevail. E5. Substitution of Commercial Messages. The substitution of one commercial message for another • • commercial message is not automatically allowed, nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages. €6. Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land or personal property. The City may demand compliance with this eka{ w—vection and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. 7. Outdoor Advertising Act. With respect to any proposed sign that constitutes an "advertising display" as defined by California Business and Professions Code Section 5202, and is intended to be placed or maintained within six hundred sixty (660) feet from the edge of the right-of-way of any interstate or primary highway and the copy of which shall be visible from such interstate or primary highway, the applicant must submit reasonable evidence demonstrating compliance with or exemption from the regulations of the Outdoor Advertising Act (California Business and Professions Code Sections 5200 et sea.). um- .. . \ • . \ \ . Y.. .. .. ._.. ... .. .. \ \ . \ . .... .. ... . .. .. . .. .. Y ... .. ... 17.1&869D. Administration. Al. Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this title and ehaptefsection, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 7 R2. General Sign P+Fn 4 Aoaroval Apgliestien—Process. Where specifically required by this • ekapteesection, the application for a sign per frit-aVoroval must be made in writing oft the €eem provided by the Ce_h..nenity Development Depai4 hhe_«to the Planning Division. and-aeeempaxied by the required fee established by City Geune:l ..eseh.de.h The application must contain the following information and items: 4a. A drawing to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. 2b. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises. 3c. The number, size, type and location of all existing signs on the same building, site or premises. n ➢-eef of the eenseat o f the prepei4yewner ethe_ peFsen in eentral or pessessien of the PFOPeft5'. S. With roe �n� seed � !hat ewtsti Pates an "adyeei4ising displa " a3-av fieri b apes T-P� � b ��7 7 !`..I:A_-..:.. D...:.he.. e.hd PFaf gsions Cede Se4ie.h 5202 and is intended to be pla6ed OF maintained ...Otho.. Rim bundred simy (660) feet ffo..h the edge of the right of way of ..... and DFer ssie.h.. Code Qeet'ons 5200 et seq.): 6d. Such other information as the Director may reasonably request in order to establish that the proposed application is in full compliance with the provisions of this ekapter- ection and code • and any other applicable law. C. Preeessing Appliestionsl ,I. The ll:Feete....hell dere. nine .. bathe« the applieatio.h santRing ell the in f ..hhet:on and item d by the pFoyisions of this ehapten if the :..e,.t,._ dete.�h.:.hee that the ...Bootie.. is r:,Y:; ..ea r\ not ....dote the applieant must be e tied i .:thiH th . fl/1\ business days of the date ef reeeipt of the applieation that the applieatien is not sempleie and the ..pplioat:en e ... plate The applioant will then have thirty /QM ealeadaF days to ....b...:t (30) day pefied fendeFs the applieatien veid. Within twenty (20) business days fellowing the feeeipt of a ended applieatien a pplenie.d.t in f finatio.. the Director must again the applioeNon is found to be eemplete (the uapplieatie.h date"). All fietiees Fequired by this ehaptef afe deemed given upen the date any sueh netiee is eithef deposited in tl� e I �Aited Saha.... ail ef the date upen %4i:eh pefsenal e ef...heh natiee is P-e..:ded Nesign pefmitapplieation will be aeee_ted:f. a The applieant has installed a sign in .dotagen of the preyisie..s of this ehapte_ and, at the tifne .hf submission of the applieat:e.. eeeh illegal sign has fiat been legal:..ed rem ,hd OF ifieleded in the appliedlian; li. Tb.h-,h is any .other existing �e eerieyielation leeeted a the site of the p ..ed .. .f.1..\ /.hal.... thm eft illegal sign that is n .fled or eentrelled by the ...Bean« .h.hd is leeated at,. diff .h.ht h.h..L..h..., lee..t:e.. On th„ Sita C,h._h ah..t &F ..,h:eh the e .el i .g h«\ that has net bee., eafed at the t:._.e of the applie„te.h. January 2013 1 DRAFT • Chapter 17.19 — Sign Regulations Page 8 0 CI 0 e. �T�_1.e sign pennit ...Bent:.. is substantiall same me nn an applieati.n pre..:eusly de..:.. Vft./less! 1 \ Twelve (12) months have elapsed e:..ee the date of the lent a"heetie.. Pl\ New eyidenee, rpFeef..fehe....ed e....diti....n in A.....inhed in the..e.., e...lieet:e... d. Theapglisant has not obtained any applieable use pe— ll Sign Review Stande..d Signage AAL- reeeiving a ....fete nenpefmit _phea..tiethe Tl:fentnF ehell Pause the eppheet:e.t to he f:e..:e.. ed and ..endeF n NNT-., deeis-efl to appreve @F deny the n...J:nnNen ..ithin twenty (20) h..n:..enn days of the .....lieation ante The Pireeto •n de.e....:..et: e.. :.. to he guided selely by the standn..dn and efitefig et f .4h :.i this ehe..ter. The ...l:eation .hall he e....Fayed whe..e.,er the....e..ened sign. een f fms to all design size, height an ehe..ter. A.. e....l:nnde.. may he em tea e:the- f.. whole ,.iH isaft when fnere than o ne sign e leeatie.. is sed by the n...l:eant When an pplie..tign is de..:ed in ..,hole nfin the SH 's .ten ngt: A ..f dete_..:..ntiea must speeiA, the gFeundn for sueh de..: el � E3. Sign Review—Enhanced Signage. 4—hr addition to the standard signage permitted on all properties in accordance with the zoning and use of such property, applicants seeking sign permits for uses such as shopping centers, multi - tenant buildings and other structures or properties with additional signage needs including, but not limited to, properties that are irregularly shaped, large or have poor street visibility, may apply for the approval of signage not otherwise permitted under this ehapter- ection or which exceeds the standard regulations for signs set forth elsewhere in this ehaptersection. ee °nom .oIlAws (1) Direetional and infoFmafien signs in the R and 08 zene. (7) ine_enne :_ area of wall mounted e_ c eestanding n g%sall _ «ed zeftes to twelve (12) ..e..e_e ret r _ prope.»:en with visibility eenst_aintn l9\ laerease i., height of f eestanding signs in all .. tted zones eight /Q\ fpFepeoiesw..t C .. ith visibility eonstr 14. Monument Sign 11 \ laerenne in area of tne. ufne..t signs in the r And 1 ..e..en .,, RH RfOa WiSeedift C. p., f.... /Gd\ e,...e..e feet ..eF sigit fees, ineluding the bane, n. felargeF ee..teffi ,.f tli f ft (3) ,....«Enna nn..es or where visibility ee..nt..e:..tn :ent:A. a ...e.......e..t nigH as e....e..ed January 2013 1 DRAFT Chapter 17.19 – Sign Regulations Page 9 _ .... _ .. ... ... .. ... �.� .. .. . .._- ... ... ... ... ��� ... January 2013 1 DRAFT Chapter 17.19 – Sign Regulations Page 9 �. w�allpigns< (1) Pefmit tip to twe (2) primary wall sig%s alang the main elevatien of buildings i C....d T ..,.HeS A._ a gFe....d &Bf FOtail ....e .. ith twe (2) entranee.. ....d e T:_:....m fent"..e of ,. e h....dFed rift.. (150) feet and ,_.. " floor "rea of t,, thetisal.d (1010 nn�noofeet' (2) PeFmit up to feer (4) stipplemental wall signs along the main elevation of buildings n the r and l zenes to adyeftise senioes yided .. sub tenant" f9F " t..:1 .. se with "Fniftimuin cent",.e of e..e hundred and fifty (150) feet and a gFe _" n,...,. area of ten the.."e_d (10,000) "......_e 4.e. 11\ ineFease in the area of wall signs n the C and l ......e., to . MM square feet fef seeend neoF establishments with " sepaFate e feeing " stFeet or on site park4ag areas. (4) L.erease in the height of wall signsn the n and l ._e..e., t,. eight (8) feet and t.. a (2) OF FAAFA e"1 r...,... of tem 2. Finddings.oIF flowing the proee&Fe sem ifl subse nmis ses6to r ;e B;reea may appFeve an ««I:e"Ne., that seeks enhafteed signage :f e., the basis of the appl:eetie.. an ..ide..,.e "..b...:tted the pireeter fi..d" that the conditiens applie"ble to the ..F,.......t. i .ei. ed .."Lid:.... shape aph. setbael. 1. eatie.. _d:..._., de Be find that all proposed epilianeed a/`e.....1:.," ...ah e1......d:,...hi,. des:.... ....:del:..,,". bb.lWel�=>d nat iitteFfere with pedestrian artehieelaF safety; ti. R/...old net be leeated s to have ..negative impaet ati the .:":bili... ,. e..thetie appearanee ..f any ed aeent ....,...e«t... e. Would net detra t tern tthe pedestrian quality ,.f the street f. Vlaald-neFaddW OF AFR to a. N.eF-p_ li fis at.o,of signs an " paf4ieolar prep -•T .. Would eahanee the eye.ell deyelepme..t be in haFmeHy with, and relate yisuall., to ,.the. site,an the s ..tufe" F level, pfne..t" they identify, and to ...d:..._ develepment' F4. Master Sign Plans. Shopping centers containing five (5) tenants or more shall prepare a master sign plan for a unified design theme for the center that furthers the architectural theme for the center. This plan is subject to the sign review for enhanced signage e..:e... e d " _ .. ' r .he Pireeter-for conformance with this ehapter-section and the develepment-eCode. All signs in the center shall thereafter conform to such master sign plan or any master sign plan modification subsequently approved by the Director, provided such signage otherwise complies with this ekaptersection. size,9. AdmiHiStFfitive Sign VUFiQHee and Histerie Sign Designation. and type Fegul"tie.... of thio, ehapte« .. Ne a fianee may be ,..."..ted heweyer, .hoot .. ,...1 d....—...a ,.f the prohibited t....,.., of signs _ feyided in Seetien 17.19.240, D_,.h:b:ted Sign" '1 A, plie..tion An appl:eat:en f r a sign or histe_:e sign designation mast be fnade e.i the feEmprovided by the Community Development lle..eit.nent and "ddit:en to any SeetiOft January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 10 0 • • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 11 .. ......... - .... . January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 11 ------------ •. IN Y.. _.. ... ... .. ... .. _._. .. .. .... ..._.. ............................. ... .. • .. ...... ... .. ... .. _ ... .. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 11 L5. Display of Sign Permit Number Required. The sign permit number must be affixed to each • approved sign so that the approval of the sign can be verified by field inspection. The permit number must be easily readable from ground level but does not have to be part of the sign face. 36. Revocation of a Sign Permit. Subject to Ssubsection ".'moo W} JAppeals), of this ehapter, the Director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this ehapter--section after written notice of noncompliance and at least fifteen (15) m a nz 1:7 c loin n2. n -a nc 1 c - 14ainc. n_a nc to a 2 days' Opportunity t0 cure. ,tviu--on-rix—rrr„4,T-�.�-v,--.�-„r�roTo.9--c,-,�--5=, 115\ 17.19.070E. General Location, Height and Area Standards. Al. Location Standards. 4a. Except as specifically provided in this ehaptersection, no sign shall be located upon or project over a public right-of-way. 3b. No sign shall extend above the eave line or parapet or the lowest point on the sloping roof of the building on which it is located. 3c. Signs shall be designed and located so as not to interfere with the unobstructed clear view of another sign located on an adjacent property, the public right-of-way, and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver. d. No sign shall be located so as to have a negative impact on the visibility or aesthetic appearance of any adjacent property. e. Except as specifically permitted in this section, all signs shall be considered on-site signs, which direct attention to a commercial or industrial occupancy, business, commodity, good, educt, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. • R2. Sign Height. For freestanding signs, Sigrrheight shall be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height shall be measured from the elevation of the top of the curb fronting such sign when within ten (10) feet of a street property line. When a sign is set back from a property line more than ten (10) feet, sign height shall be measured from the elevation of the ground level surrounding the base of the sign. Q, Sign Area. The surface area of any sign face shall be computed from the smallest rectangles, circles or triangles which will enclose all words, letters, figures, symbols, designs and pictures, together with all framing, background material, colored or illuminated areas, and attention - attracting devices forming an integral part of the overall display, but excluding all support structures, except that: 4a. Superficial ornamentation or symbol -type appendages of a nonmessage-bearing character which do not exceed five (5) percent of the surface area shall be exempted from computation. 2b. Wall signs painted en or affixed directly to a building wall, facade or roof, and having no discernible boundary shall have the areas between letters, words intended to be read together, and any device intended to draw attention to the sign message included in any computation of surface area. 3c. Signs placed in such a manner, or bearing a text, as to require dependence upon each other in order to convey meaning shall be considered one sign and the intervening areas between signs included in any computation of surface area. 4d. Spherical, cylindrical or other three-dimensional signs not having conventional sign faces shall be computed from the smallest three-dimensional geometrical shape or shapes which will best approximate the actual surface area of such faces. 3e. Logos, sign bands and graphics shall be included as part of the calculation of sign area. (Ord. 03 17 C as loin nn. n_a-no :3 C a, 8Q6M) January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 12 • • 1 19 090F. Design, Material, Construction and Maintenance Standards. Each permanent approved sign shall comply with the following standards: ,41. Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to: ceramic tile; sandblasted, hand -carved or routed wood; channel lettering; or concrete, stucco or stone monument signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. 1E,2. Relationship to Buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, mixed use, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. Q. Relationship to Other Signs. Where there is more than one sign on a site or building, all permanent signs shall have designs that similarly treat or incorporate the following design elements: ka. Type of construction materials; Ab. Sign/letter color and style of copy; 3c. Method used for supporting sign (i.e., wall or ground base); 4d. Sign cabinet or other configuration of sign area; 3e. Illumination; and 6f. Location. 1a4. Notwithstanding the provisions of this section, the Flenxing Commission, after public hearing and notice pursuant to the provisions of this code, has the authority to establish special signage districts with specific design standards to enable reasonable flexibility for unique circumstances • 135. and special design themes. Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties, and in no event shall illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources. F6. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable State, federal and City regulations including the City's building code and electrical code. 67. Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. The exposed back of any sign must be suitably covered. 148. Restoration of Building or Property. Within thirty (30) days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign.(Ord. 9;-1� § 2, 12,1940-34 V; 191 19100G. Commercial Siens in General. Commercial signs are permitted in all zones wherever commercial or other nonresidential uses are permitted subiect to the regulations contained in subsectionsfGH;44400 (Commercial Signs in General) through (R) "ro (Temporary Freestanding Siens). � 17.19.090H. Building Identification Signs. Building identification signs are permitted in all zones subject to the following regulations: • � Al. Number and Area. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 13 -Ia. In RE, o" GNU zones, URI, UR2 and OS zones, one wall -mounted sign, not to • exceed one square foot in sign area, shall be permitted per principal use. 2b. In RM, RM 4,-MUR3, UR4, and UR5-and-A-zones, one wall -mounted sign, not to exceed six (6) square feet in sign area, shall be permitted per principal use. 3c. In C, MX, Ph and I zones, one wall -mounted sign shall be permitted per principal use, provided: a -.i. The sign does not exceed six (6) square feet in sign area where located less than thirty (30) feet above ground level, measured at the base of the building below such sign; or b. -ii. The sign does not exceed two (2) percent of the exterior wall area of the building wall on which it is mounted, excluding penthouse walls, where located more than thirty (30) feet above ground level, measured at the base of the building below such sign. 4d. This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater number where otherwise permitted by this code and computed as part of the sign area permitted for commercial signs as provided in SsubsectionsG' .'-. n no (Commercial Sims in General) through LRL"�,9 (Temporary Freestandine Siens) of this section. 42. Lighting. Building identification signs may be internally or externally lighted, subject to the following: 4a. In R zones, no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts; and 2b. In the OS zone, exposed lamps or light bulbs are prohibited. 3. Sign Copy. Only individual letters of a business name or individual letters and adjacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. (Ord 03 17 c o i o tWO3; Ord nc 19 c o 12,113,195) 17 1u i ............. inn eial Sig fl§ in C... eF ffl ' • Commereial sigfis are pefmkted iH all zones wherever eefnfneFoial or other nonresidential uses aFe pemtitted sobjeet ie the Fegulatiens eentained in Seetiefts 17.49.100 through 17.19.220230. (04 03 -1r7 A c, 12'19'103, n_a. nrc 19 c z, 12,113"0 5) "9420L Construction Signs. Construction signs are permitted in all zones, subject to the following regulations: Al. Number and Area. -1•a. In R and OS zones, one wall -mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided: a:i. The sign does not exceed twelve (12) square feet in sign area on any lot with street or highway frontage of one hundred (100) feet or less; or 434i. The sign does not exceed sixty-four (64) square feet in sign area on any lot with street or highway frontage greater than one hundred (100) feet. 2b. In C, MX, PI, and I zones, one wall -mounted or freestanding construction sign shall be permitted for each street or highway frontage, provided: a.i. The sign does not exceed ninety-six (96) square feet in sign area on any lot with street or highway frontage of one hundred (100) feet or less; or iii. The sign does not exceed one hundred forty-four (144) square feet in sign area on any lot with street or highway frontage greater than one hundred (100) feet. R2. Height. Freestanding construction signs shall not exceed the following heights: • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 14 • 4a. In the R, and OS and A zones—eight (8) feet; and 21b. In the C MX. PI, and I zones—sixteen (16) feet. 63. Location. Construction signs shall be maintained only upon the site of the building or structure under construction, alteration or in process of removal. D4. Lighting. 4a. Construction signs in the A—R and OS zones shall be unlighted. 2b. Construction signs in C, MX, PI, and I zones may be internally or externally lighted. E5. Time Limit. All construction signs shall be removed from the premises within thirty (30) days after the completion of construction, alteration or removal of the structure. 6. Sign Coov. Names of owners. lenders, contractors. architects. engineers. future tenants and others associated with a construction project may be permitted. No other advertising matter may be permitted. (Ord 03 17 a 2, 12&03; OFF nc 19 c o r e n vnc) 4744.430J. Directional and Informational Signs. Freestanding or wall -mounted directional and informational signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: At. Sign Review for Enhanced Signage. In the R and OS zones, an application for a sign review for enhanced signage must be submitted and approved prior to the placement of any directional or informational signs. In addition to the findings generally required for sign review for enhanced signage, approval of such signs shall be contingent upon the additional finding that the geographic location of or access route to the use identified creates a need for any directional or informational • signs not satisfied by other signs permitted by this ehaptersection. 92. Area. 4g. In all permitted zones, a maximum area of six (6) square feet per wall -mounted sign or freestanding sign face, including the base, shall be permitted. 2b. In all permitted zones, for properties where visibility constraints justify larger signing, a maximum area of twelve (12) square feet per wall -mounted sign or freestanding sign face, including the base, shall be permitted, pursuant to a review for enhanced signing. 3c. In all permitted zones, freestanding signs shall have no more than two (2) sign faces. Q. Height. 4a. In all permitted zones, freestanding signs shall not exceed a height of six (6) feet. 2b. In all permitted zones, for properties where visibility constraints justify higher signing, freestanding signs shall not exceed a height of eight (8) feet, pursuant to a sign review for enhanced signing. 3c. In all permitted zones, wall -mounted signs shall not exceed a height of three (3) feet. D4. Location. 4oa. In the C, MX, PI, and I zones, freestanding signs shall be located on-site and shall be set back a minimum one foot from any street or public right-of-way. 2b. In the OS zone, freestanding signs may be located on-site and off-site and shall be set back a minimum five (5) feet from any street or public right-of-way. 3c. In the R zone, freestanding signs shall be located on-site and shall be set back a minimum five (5) feet from any street or public right-of-way. 4d. In all permitted zones, freestanding signs shall be incorporated within a landscape planter unless permitted otherwise by the Director of Community DevelepateR . 3e. In all permitted zones, freestanding signs shall be set back a minimum twenty-five (25) feet from any adjacent R or OS zoned property. • � R5. Lighting. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 15 +a. In the C. MX. PI, and I zones, signs may be internally or externally lighted. • 26. In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts. 6. Sian COPY. Name of business, organization, service and information Providing direction may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign avoear to be advertisement are prohibited. m -a 93 1-7r§2 1 12"W@3. n.a nnc 19-a-2, 1ai1 3"054 � V; 19 140K. Incidental Business Signs. Incidental business signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: Al. Each business establishment may be permitted an incidental business sign provided: - a. The sign is a wall -mounted sign; and 2b. The sign does not exceed two (2) square feet in sign area. 132. This provision shall not be interpreted to prohibit the use of similar signs of a larger size or in greater numbers where otherwise permitted by this code or computed as part of the sign area permitted for commercial signs provided in this ehaptersection. 3. Sign Copy. Name of incidental businesses indicating credit cards accepted, trading stamps offered, trade affiliations, and similar matter may be permitted. (Ord na 10 a 2, momma, OFF 05 19 c o 124345) ".'r SOL. Monument Signs. Monument signs are permitted in the C, MX. PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: • -Al. Number. 4wa. In all permitted zones, only one monument sign may be permitted on any lot or parcel of land having a minimum of one hundred (100) feet of continuous street or highway frontage. For the purposes of calculating frontage on a corer lot or commercial center, frontage shall include the total linear distance of such lots) on each of the streets. 2b. In the C, MX, PI, and I zones, notwithstanding subsection (Aj)(4a) of this section, in the event of any commercial center, lot or parcel of land having continuous street or highway frontage exceeding one hundred (100) feet, one additional monument sign shall be permitted for each additional four hundred (400) feet of continuous frontage. In no event, however, shall a monument sign be located closer than two hundred fifty (250) feet from any other monument or freestanding sign on the same property or center. 3c. In order to reduce the number of nonconforming signs within the City, no parcel of land whereon there exists any legal nonconforming pylon sign shall be allowed a monument sign unless at least one existing legal nonconforming pylon sign or billboard of equal or greater sign area is first removed. E?. Area. 4a. In all permitted zones, a maximum area of fifty-four (54) square feet per sign face, including the base, shall be permitted. 2b. In the C, MX. Ph and I zones, for larger centers of three (3) or more acres or where visibility constraints justify a monument sign as opposed to a pylon sign, the sign may have an area exceeding fifty-four (54) square feet per sign face, including the base, pursuant to a sign review for enhanced signing. 4c. In all permitted zones, a monument sign shall have no more than two (2) sign faces that are back-to-back and facing in 0000site directions. E3. Height. • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 16 • I 4a. In all permitted zones, a maximum height of six (6) feet shall be permitted. 2b. In the C, MX, PI, and I zones, for larger centers of three (3) or more acres or where visibility constraints justify a monument sign as opposed to a pylon sign, a maximum height of up to eight (8) feet may be permitted, pursuant to a sign review for enhanced signing. D4. Location. 4a. In the C, MX, PI, and I zones, monument signs shall be set back a minimum one foot from any street or public right-of-way. 2b. In the R and OS zones, monument signs shall be set back a minimum five (5) feet from any street or public right-of-way. 3c. In all permitted zones, monument signs shall be incorporated within a landscape planter unless permitted otherwise by the Director of Gammtmi4y Develap ffie_. 4d. In all permitted zones, signs shall be nlaced outside of a clear sight line setback zone defined as eight (8) feet from curb line at the centerline of the driveway, diminishing to the curb line measured fifty (50) feet from the centerline of the driveway in both directions. shall be set eatside the elear sight line sethaek zone. The sight 1 tie setbaek zone is defined as eight (9) Se. feet ffeEn the extension of the ..wb line at the eent....l:-.,.- In all permitted zones, monument signs shall be set back a minimum twenty-five (25) feet from any adjacent R zoned property. E5. Lighting. 4a. In the C, MX, PI, and I zones, monument signs may be internally or externally lighted. 2b. In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts. F6. Multiple -Tenant Signs. Monument signs displaying five (5) or more tenants per sign face are permitted pursuant to a master sign plan. 67. Address. Monument signs shall clearly show the property address with letter sizes not to exceed eight (8) inches in height. 8. Sian Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 17.'_ =°.1wM. Off -Site Signs. Notwithstanding any other provision of this ehapter-section or code, any off-site sign (including any billboard) that was lawfully erected prior to the effective date of the ordinance codified in this section may be maintained and repaired in accordance with the applicable regulations of this ehapteF section as a legal nonconforming use; provided, however, that in no event shall such legal nonconforming use be expanded. ("-a nz 17 c 2 , o in inz . QFa nc 19 c 2 12,113,105) "=-r. 94-70hL Pylon Signs. In lieu of a monument sign as permitted in Ssubsection 17.19.15 L Monument Signs), pylon signs are permitted in the C. MX, PI, and I zones and for commercial uses in the OS zones subject to the following regulations: -At. Number. 4a. In all permitted zones, a maximum of one pylon sign per parcel of land or skeppieg commercial center containing a minimum of three (3) acres and five hundred (500) feet of street frontage shall be permitted. For the purposes of calculating frontage on a corner lot, frontage shall include the total linear distance of such lot along each of the streets. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 17 2b. In the C, MX. PI, and I zones, notwithstanding subsection (Al)(3a) of this section, in the • event any commercial center, lot or parcel of land having continuous street or highway frontage exceeding five hundred (500) feet, one additional pylon or monument sign may be permitted for larger centers with more than one thousand (1,000) feet of street frontage, pursuant to a sign review for enhanced signing. In no event shall a pylon or monument sign be located closer than two hundred fifty (250) feet from any other pylon or monument sign on the same property or center. 3c. In order to reduce the number of nonconforming signs within the City, no parcel of land whereon there exists any legal nonconforming pylon signs shall be allowed another pylon sign unless all existing legal nonconforming pylon signs or billboards are first removed. 132. Area. +a. In the C. MX. PI, and I zones, a maximum area of forty (40) square feet per sign face shall be permitted. 2b. In the C, MX. PI, and I zones, for larger centers with more than one thousand (1,000) feet of street frontage, signs may have a maximum area up to one hundred sixty (160) square feet pursuant to a sign review for enhanced signing. 3c. In the OS zone, a maximum area of twenty-four (24) square feet per sign face shall be permitted. 4d. In all permitted zones, a pylon sign shall have no more than two (2) sign faces that are back- to-back and facingin opposite directions. 63. Height. 4a. In all permitted zones, a maximum height of fifteen (15) feet shall be permitted. 2b. In the C, MX. PI, and I zones, for larger centers with more than one thousand (1,000) feet of street frontage, a maximum height of up to twenty (20) feet may be permitted, pursuant to a sign review for enhanced signing. • 134. Location. 4a. In the Q,1LX.PI and I zones, pylon signs shall be set back a minimum of three (3) feet from any street or public right-of-way. 2b. In the OS zone, pylon signs shall be set back a minimum of five (5) feet from any street or public right-of-way. 3c. In all permitted zones, pylon signs shall be incorporated within a landscape planter unless permitted otherwise by the Director of Comfakinity Develepmen . 4d. In all permitted zones, pylon signs shall be set back a minimum twenty-five (25) feet from any R zoned property. R5. Lighting. 4a. In the C MX, PI, and I zones, pylon signs may be internally or externally lighted. 2b. In the OS zone, pylon signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts. €6. Multiple -Tenant Signs. Signs displaying five (5) or more tenants per sign face are permitted pursuant to a master sign plan. 7. Sian Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. (Ord na 17 C 2 r`a nc in c 2 124;Q54 ".'� moo^. Real Estate Signs. Real estate signs are permitted in all zones subject to the following restrictions: Al. Number and Area. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 18 11 • -la. In ^ nc D\,. o. R& -NU zones, URI. UR2, and OS zones, one wall -mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided: &i. The sign does not exceed six (6) square feet in sign area or twelve (12) square feet in sign area, if two-sided, on any lot having a street or highway frontage of one hundred (100) feet or less; or b4i. The sign does not exceed thirty-two (32) square feet in sign area or sixty-four (64) square feet in sign area, if two-sided, on any lot having a street or highway frontage greater than one hundred (100) feet. 2b In D*" n""�.. UR3, UR4, and URS zones, one wall -mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided: a -i. The sign does not exceed twelve (12) square feet in sign area or twenty-four (24) square feet in sign area, if two-sided, on any frontage of one hundred (100) feet or less; or b4i. The sign does not exceed thirty-two (32) square feet in sign area or sixty-four (64) square feet in sign area, if two-sided, on any lot or parcel of land having a street or highway frontage greater than one hundred (100) feet. 3c. In the C, MX. PI, and I zones, one wall -mounted or freestanding real estate sign shall be permitted for each street or highway frontage, provided: &i. The sign does not exceed n hirtv-two (4832) square feet in sign area or ninety sin—sixty-four (9664) square feet in sign area, if two-sided, on any frontage of one hundred (100) feet or less; or b4i. The sign does not exceed ene handFedfo -ei ht (18948) square feet in sign area or two hendfednine -six (24996) square feet, if two-sided, on any frontage in excess of one hundred (100) feet. • 442. Height. Freestanding real estate signs shall not exceed the following heights: +a. In the A—, R and OS zones— eigh-six (86) feet; and 2b. In the C, MX, PI, and I zone 4fleentiight (448) feet. E3. Location. -la. Freestanding real estate signs may be placed in front yard setback areas, provided such signs are located not less than ten (10) feet from any adjacent street or highway; and 2b. Freestanding real estate signs shall not be placed nearer to any lot line than ten (10) feet. 44. Lighting. �a. Real estate signs in the R, and OS gad A zones shall not be lighted; and 2b. Real estate signs in C, MX, PIPI, and I zones may be internally or externally lighted. €5. Time Limit. All real estate signs shall be removed from the premises within thirty (30) days after the property has been rented, leased or sold. 6. Sign Copy. "For Sale," For Lease," or "Available" and name of broker, property manager, telephone number, and website address may be oermitted. Price information and other information which makes the sign appear to be advertisement are prohibited. (04 03 ry § 2, 1219103; Ord nc 19 c 2, 12,1 13,105) • "'�„'90P. Special -Purpose Signs. The following special-purpose signs are permitted as provided in this subsection: Al. Automobile Dealership Identification Placards Signs. On-site automobile identification placards for approved franchised vehicle sales facilities are permitted on street frontage parking lot light standards pursuant to sign review for enhanced signing and the following regulations: -�a. Area. A maximum area of eight (8) square feet per placard shall be permitted. -2b. Number, A maximum two (2) placards on each side of a light standard shall be permitted for a total maximum of four (4) signs per light standard. 3c. Lighting. Signs shall not be lighted. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 19 d. Sign Copy. Name and/or logo of auto dealer and/or make of vehicle sold on site may be • permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 2. Automotive -Oriented Pylon Signs. Automotive -oriented nylon signs are permitted in the GTG zooeVDS Overlay Zone, for businesses primarily devoted to automotive sales or service, pursuant to a sign review for enhanced signing and the following regulations: a. Number. A maximum of one (1) sign is permitted on a lot or parcel of land. b. Area. A maximum area of two hundred (200) square feet per sign face shall be permitted. c. _ Height. A maximum height of thirty-five (35) feet shall be pennitted. d. Lighting. Signs may be internally or externally lighted. No exposed neon or incandescent lamp shall be utilized. e. All other applicable code provisions for pvlon signs shall apply. f Sign Copy. Name and/or logo of auto dealer and/or make of vehicle sold on site and addresses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement is prohibited. 3. Awning Sign. Awning signs are permitted in the C, MX, and I zones subject to the following regulations. a. Number. A maximum of one (1) sign per permitted awning shall be allowed. b. Height. A maximum height of one (1) foot shall be permitted. c. Width. A maximum width of 50 percent of the awning fascia shall be permitted. d. Location. Awning signs shall be located on the face of the awning only. e. Lighting. Awning signs may be externally lit (i.e. gooseneck lighting). f Sign Copy. Only the name of the business or and/or logo may be permitted. g. Any requests exceeding the requirements for awning signs shall be subject to a sign review for enhanced signage. . 4. Banner Signs. Banner signs include grand opening banner signs and special event banner signs and are permitted in the C. 1. MX, and PI zones subject to the following regulations. a. Grand Openine Banner Signs. Grand opening banner signs are permitted for new businesses in the C.1, MX, and PI zones subiect to the following regulations: i. Number. In all permitted zones, a maximum of one (1) Brand opening banner shall be permitted per establishment. ii. Time Limits. Signs shall be limited to one thirty (30) consecutive day period for each establishment. iii. Height and Area. Signs shall be limited to three (3) feet in height and sixty (60) square feet in area and may not include prices. telephone numbers, leasing information, name brands, or specific items for sale. Signs may read "Grand Opening" or "Coming Soon" and may include the business name and logo. iv. Location. Signs shall be affixed wholly to the structure associated with the special event, shall not extend above the roofline and shall not encroach into the public right-of-way. V. Sign Com. Name of business, "Grand Opening," "Coming Soon," and/or similar words describing the opening of business may be permitted. Products for sale, telephone numbers, web addresses, prices and other information, which makes the sign appear to be advertisement, are prohibited. b. Special Event Banner Signs. Special event banner signs are permitted in the C, I, MX. and PI zones subject to the following regulations. i. Number. In all pennitted zones, a maximum of one (1) special event banner shall be pennitted per establishment. ii. Time Limits. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 20 • • (a) The use of a special event banner for each establishment shall be limited to no more than thirty (30) days within the period beginning January 1 and ending June 30, and an additional thirty (30) days within the period of July 1 and endine December 31. The number of events within each six month period may not exceed three (3) and no single event shall exceed thirty (30) consecutive days. (b) A business located within a commercial center, undergoing construction, with an active building permit, may be permitted one (1) temporary banner in lieu of a wall sign, during the period of construction. e:.,ns shall he r,._:tgd .,, c �,. fiyo (ne) de-... _,._,.e.._ r.._,.Aph Th:., time d.._et oa�heweve_ the .,,,,..he,. er special event ell n exeeed five (5) ee_ ealead,._ yeaF and n single event ..h.,ll a Ped t,, mAy e., iii. Height and Area. Signs shall be limited to three (3) feet in height and sixty (60) square feet in area and may not include prices, telephone numbers, leasing information, name brands or specific items for sale. iv. Location. Signs shall be affixed wholly to the structure associated with the special event, shall not extend above the roofline and shall not encroach into the public right-of-way. V. Sign Copy. Name of business and/or a unique event, happening, action, or occasion permitted to occur onsite may be permitted. Products for sale, telephone numbers, we addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 135. Changeable Copy Signs. In lieu of a regular monument, pylon or wall sign otherwise permitted under this ehaptersection, one changeable copy sign may be permitted on each lot or parcel of land . in any zone if the premises are (i) approved for a use allowing the assembly of one hundred (100) or more persons for meetings or other events and (ii) such meetings or other events occur on a regular basis, pursuant to a sign review for enhanced signing and the following regulations: 4a. Area. In no event shall a sign exceed one hundred (100) square feet in sign area. 2b. All other applicable code provisions pertaining to monument, pylon or wall signs shall apply. c. Sign Copy. Changeable copy, letters, symbols, or numerals providing information related to meetings or other events may be permitted. Other information which makes the sign appear to be advertisement is prohibited. 6. Community Identification Signs. Freestanding community identification signs are permitted in any zone at or near the entrance to Canyon Country, Newhall, Saugus. Valencia, Sand Canyon, Placerita Canyon or other recognized community pursuant to a sign review for enhanced signing and the following regulations: a. Area. Signs shall not exceed ninety-six (96) square feet in sign area or one hundred ninety- two (192) square feet in sign area, if two-sided. b. _Height. Signs shall not exceed fifteen (15) feet in height. C. Lighting. Such signs may be internally or externally lighted. d. Design. Signs shall be architecturally related to the community area in which they are located and shall be constructed with decorative materials that are compatible with the location and the community. e. All other applicable code provisions for monument or pylon signs shall apply. f. Sign Copy. Name of a recognized community (e.g. Canyon Countrv, Newhall, Saugus, or Valencia) or the City may be permitted. No advertising matter is permitted. 7. Corporate Flags. Corporate flaes are permitted in the C. I, MX, and PI zones subject to the following regulations: CJ January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 21 a. Number. A single corporate flag may be flown provided that it is flown in coniunction with, • and in similar fashion as, a federal and/or state flag. In no circumstance shall more than three (3) flags be flown, including the single allowable corporate flag. b. Area. A maximum of twenty-four (24) square feet in area shall be Permitted per flag. C. Sign COPY. Only the name and/or logo of the retail/office center (or name of retail/office center and on-site businesses or organizations) may be permitted. 63. Electronic Readerboard Signs. In lieu of a regular monument, pylon, freeway -oriented or freeway commercial center sign otherwise permitted in this ehegtwe ection, one electronic readerboard sign may be permitted on each lot or parcel of land in the C MX and I zones subject to approval of a conditional use permit and the following regulations: -la. Number. A maximum one sign shall be permitted for each lot or parcel of land containing a minimum area of twenty five (25) acres. 2b. Lighting, a -.i. The proposed display illumination shall not have continuous motion or appear to be in continuous motion. b4i. The message rate shall not change at a rate faster than one message every four (4) seconds. e -.iii. The interval between messages shall be a minimum one second. d:iv. The intensity of the illumination does not change. 3c. Location. Signs shall be set back a minimum one hundred (100) feet from any R zone. 4d. All other applicable code provisions for monument, pylon, freeway -oriented or freeway commercial center signs shall apply. e. Sign Copy. Only the name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) and addresses may be permitted. All other sign copy information shall be subiect to the requirements of a conditional use permit. . D. Community .v....u....nrro.a Signs. Ffeestanding..... «....,. •.. identifiea4ion......... ...... p,,.-.,:« n aa) vase ua or ua.au the c..0 wwv to crrar7vx Geunti5,, - 1. Area, Signs small iiet meeedd nim � (96) &et handfed ., o.b[[� G[� at* rJ O� jgaar�p ZGR-QL-,"l}�!i'R]TCTT�RC'[ilTilRIO6-liiISGi7 PA'S (1 92) ..quamoo feet in sign aFea if two sided 2. lleight, Signs shall not e*seed fiReen (15) feet in height- Lighting. Sueh signs mai be internally orextemally-lighted. 4. Design. Signs shall be amkiteetwrally Felated to •1.,, ._.,..: y afe .�aF . leeat_ c-avomoa and ..1,.,11 be .,..-,..•-., eted with d...,,.-. tiya m...•eri4q that n eompatible with the 1..,,..•:en an the T 3 All other ,,pplieable eed.. ,.....viii.-, for meHumeat of pylo,. signs shall ..ppld 9. Freewav Commercial Center Signs. Freeway commercial center signs are oermitted in the C MX, and I zones for signs to be viewed primarily from an adjacent freeway subject to approval of a conditional use permit and the following regulations: a. Number. i. A maximum one on-site or off-site sign shall be permitted for each lot or parcel of land along a freeway containing a minimum land area of fifty (50) acres. ii. Additional freeway commercial center s4ms s may be permitted provided they are separated a minimum two thousand feet (2,000) feet from any other freeway commercial center sign and five hundred (500) feet from any other freestanding sign. b. Area. A maximum of nine hundred (900) square feet in sign area per face, including the base, shall be permitted. c. Height. A maximum height of twenty-five (25) feet shall be permitted. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 22 L J • I d. Lighting. Signs may be intematty or externally lighted. e. Design. Signs shall be architecturallv related to the area in which thev are located, or if located in areas without development, shall be in keeping with the natural surroundings. f. All other applicable code provisions for nylon signs shall annly. g. Sign Copy. Only name and/or symbol of the development (or name of retail/office center and on-site businesses or organizations) may be permitted. All other sign copy information shall be subiect to the requirements of a conditional use permit. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. B10.Freewayefiented—Oriented lop signs Signs. Freeway -oriented pylon signs are permitted in the C. MX. PI and I zones for food, lodging or motor vehicle fuel businesses to be viewed primarily from an adjacent freeway, pursuant to a sign review for enhanced signing and the following regulations: -}a. Number. A maximum of one sign is permitted on a lot or a parcel of land. 2b. Area. A maximum area of two hundred (200) square feet per sign face shall be permitted. 3c. Height. A maximum height of thirty-five (35) feet shall be permitted, unless a conditional use permit is approved. Ad. Lighting. Signs may be internally or externally lighted. No exposed neon or incandescent lamp shall be utilized. 3e. All other applicable code provisions for pylon signs shall apply. f. Sign Copy. Onlv the name and/or logo of food, lodging, or motor vehicle fuel businesses may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. F. Autetaeti*e e*ieated py4ea signs afe pemit4ed in the GW zone feF busiResses primarily devote•W aUtOM8ti%'e SE1108 OF servise, pufsaafit to a sign review feF ealianeed signing and the following f:egulatiansi Area. _ea n .,.,..,;....,.....fea ofti.,. �.undF„a nnm ,,,...a fe c per er sign feee ..i,,,n z 3. lleigM A Fnwkimufa height akhit4y five (35) feet shall be peFmitted. 4. Lighting. Signs may be intemally or extemally lighted. Ne exposed neon er ineandeseent 1" shall be utili;'Ad S. All other applieable eode pFeNcisiefts fef: pyleti signs shall apply. 611. Fuel Pricing Signs. Fuel pricing signs are permitted in the C, MX, PI, and I zones for businesses offering gasoline or other motor vehicle fuel for sale, subject to the following regulations: 4a. Types. Signs shall be separate freestanding signs, panels mounted to freestanding sign structures, or combined freestanding commercial and fuel pricing signs. 2b. Number and Area. a-. i. One sign, not to exceed sixty (60) square feet in sign area, including the base, shall be permitted for each street or highway frontage. b4i. If a business is located on a street comer, one pylon sign, not to exceed one hundred (100) square feet in sign area, shall-ma_be permitted at the corner in lieu of separate signs on each of the intersecting frontages, pursuant to a sign review for enhanced signin . 3c. Height. ad. A maximum height of six (6) feet shall be permitted. 43�ii. For signs located on a street corner, a pylon sign with a maximum height of fifteen (15) . feet shell -may be permitted pursuant to a sign review for enhanced signing. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 23 4d. Location. Freestanding signs shall be set back a minimum twenty-five (25) feet from an • existing freestanding sign or to a lot line other than one adjoining a street or highway. 5e. All other applicable code provisions for monument or pylon signs shall apply. f. Sign Copy. Fuel prices, oil company name, brand or trade name, foodmart name, carwash name, grade designation, and such other information as may be required by law may be permitted. Electronic display for fuel pricing may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 12. Gas Sales Canopy Signs. Gas sales canopv signs are nermitted in the C. MX. PI. and I zones for businesses offering gasoline or other motor vehicle fuel for sale, subject to the following regulations: a. Number. A maximum of four signs, not to exceed one sign per canopy facscia shall be permitted. b. Height. A maximum height of 50 percent of the height of the canopy fascia or two feet, whichever is less, shall be permitted. Sign shall not extend above or below the canopy fascia. C. Width. A maximum width of 50 percent of the width of the canopy fascia to which the sign is attached, shall be permitted. d. Location. Signs shall be located on a permitted gas station canopy, set back a minimum of 25 feet from any residential zone. e. Lighting. Signs may be internally or externally lit. f. Sian Copy. Only individual letters of a business name or individual letters and adiacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. g. Any requests exceeding the requirements for gas sales canopy signs shall be subject to a sign • review for enhanced signage. 1413. Marquee Signs. Marquee signs for approved movie and live performance/theater uses are permitted in any C, MX, PI, zone subject to the approval of a sign review for enhanced signage and the following regulations: -la. Area. Signs shall be proportional in sign area to the structure on which they are located. 2b. Height. Signs shall not exceed fifteen (15) feet in height. 3c. Lighting. Signs may be internally or externally lighted. d. Sign Copy. Name of movie or live performance theater may be permitted. Products for sale, telephone numbers web addresses prices and other information which makes the sign appear to be advertisement are prohibited. 1. Freeway Gommereiel Center Signs. Ffeewery-^oin mereialoeeateF signs-afe peF itted in Oie Gana .....e.. .,.. .,.d..., .,. ,.e viewed 1...........y fFefn :.. u �uveaau wu�,o.: �em var-apPcov¢r-vr-a I Nunihor ... ... ........ ... ... ... .. • ... •.. .. .. .. .. ��� .. ...... ... _._ _ _ .. - .• ... ... . .. ... ... .. .. ... ... .. ... January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 24 • 5. Design 8i'gns shall be a rehiteeparall.. ..elated to the area in whieh they aFe lee fited ..f :C leeated i Leas mitbatit shall be in keeping with the natufal suffetifidifigs. 6 ill other -__1:, able eerie __,. : onxcx-apPrcwvic oac�xoVt5i9nB for -pj left signs Sllail apply. 14. Menu Board Signs. Menu board signs are permitted in C, MX, PI, and I zones in coniunction with drive-through restaurants, subject to the following regulations: a. Number. A maximum of one sign per service lane where customers view the menu while ordering food from their vehicles shall be permitted. b. Height. A maximum height of six (6) feet shall be permitted. C. Area. A maximum area of 45 square feet shall be permitted. d. Location. Menu board signs shall be placed where it or a customer's vehicle will not interfere with traffic flow and located in conformance with stacking requirements as identified in Section 17.66.030 (Drive -Through Uses). e. Sign Copy. Name of business, a menu display and items offered on the menu may be permitted. f Any requests exceeding the requirements for menu board signs shall be subiect to a sign review for enhanced signage. 15. Preview Board Signs. Preview board signs are permitted in C, MX, PI, and I zones in coniunction with drive-through restaurants, subiect to the following regulations: a. Number. A maximum of one sign per service lane where customers preview the menu from their vehicles shall be permitted. b. Height. A maximum height of six (6) feet shall be permitted. C. Area. A maximum area of twenty (20) square feet shall be permitted. d. Location. Order board signs shall be placed where it or a customer's vehicle will not interfere with traffic flow and located in conformance with stacking requirements as identified in Section 17.66.030 (Drive -Through Uses). e. Sign COPv. Name of business, a menu display and items offered on the menu may be permitted. f. Any requests exceeding the requirements for preview board signs shall be subiect to a sign review for enhanced signage. 16. Projecting Signs. Projecting signs are permitted in the CR zone, pursuant to a sign review for enhanced signage and the following regulations: a. Number. A maximum of one (1) sign shall be allowed per ground -floor business. b. Height. A maximum height of six (6) feet may be permitted. C. Area. A maximum area of twelve (12) square feet shall be permitted. d. Location. Projecting signs shall be located along the main elevation with a primary entrance, facing a street, interior mall, or on-site parking area. The bottom of such sign shall be no closer than eight (8) feet from the ground below. e. Proiection. Projecting signs shall not project more than four (4) feet from the face of the wall to which it is attached, including all support structures. No portion of the moiecting sign shall be located over the public right-of-way. f. Lighting. Proiecting signs may be internally or externally lighted. 9. Sign Copy. Only a business name and/or logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 17. Under -Canopy Signs. Under -canopy signs are permitted in the C, MX, and I zones subiect to the following regulations. a. Number. A maximum of one (1) sign shall be allowed per business. b. Height. A maximum height of one and one-half (1-1/2) feet shall be permitted. c. Area. A maximum area of four and one-half (4-1/2) square feet shall be permitted. • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 25 d. Location. Under-canovv signs shall be located on the underside of a proiecting canopy • pro ltruding over a private sidewalk and have the required ground clearance. e. Lighting. Awning signs may be externally lit (i.e. gooseneck lighting). f Sign Copy. Only the name of the business or and/or logo may be permitted. Speeial Event Banner- Signs- Sposial event banaff sigar are peffnit4ed iii the C; afid I 7aveq i . :Fime I imits. Signs shall be liniked to feFb, fiN-e (45) days peF year for eaeh establishment. This tifne may be tttilii�ed in any eembinat an of duration; however, the awnber of sp events .,liall n ped five (5) .. ,..d,.ndar yeaF and _ single event .hall sed 2. Height and AFea- Signs shall be limited to thfee (3) feet in height and sixty (60) sqUarO fee _11. AFOR. asid may not inelude priees, telephone numbefs, leasing infennaiien, name brands ins for sale. 3. i ..eation Signs shall be affixed wholly to the ..«...,,.«,._o o site asseoiaied with the s :al event, shall net LgEtead above the reatlifle and shall fiet eneFeaelt inte the publie right ef way. (Ord. 03 17 c 2 1219103; O -d nc 19 c 2 12,1 13,105) '''� -V,V.wQ Subdivision Identification, Sales, Entry and Special -Feature Signs. Subdivision sales, identification and related entry and special -feature signs are permitted in all zones subject to the following regulations: Al. Subdivision identification signs, pursuant to a sign review for enhanced signing. Includes on-site signs that identify a subdivision, but which contain no other advertising matter. 4a. Area. Signs shall not exceed fifty-four (54) square feet in sign area. 2b. Height. Signs shall not exceed six (6) feet in height. 3c. Lighting. Signs may be externally lighted or backlit (halo lighting). . d. Sign Copy. Name of an on-site subdivision and address may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are prohibited. 92. Subdivision Sales Signs. Includes temporary signs that contain the names of and the information relating to a subdivision being offered for sale or lease for the first time, but contain no other advertising matter. -la. Number and Area. One freestanding subdivision sales sign shall be permitted for each street or highway frontage bordering the tract, provided: ai_Signs shall not exceed sixty-four (64) square feet in sign area where such tract contains ten (10) lots or less; b7ii. Signs shall not exceed one hundred and twenty-eight (128) square feet in area where such tract contains eleven (11) to nineteen (19) lots; and e-iii.Signs shall not exceed one hundred eighty (180) square feet in area where such tract contains more than twenty (20) lots. 2b. Height. a:i. Subdivision sales signs shall not exceed the following heights: (4a) Eight (8) feet where such sign has a sign area of sixty-four (64) square feet or less; and (2b) Sixteen (16) feet where such sign is sixty-five (65) square feet or greater in sign area. lii. Where a wall is required as a condition of approval along the street or highway frontage for which such sign is permitted, the Director may modify this height regulation as may be necessary to allow for the visibility of the sign. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 26 11 • I 3c. Location. All subdivision sales signs shall be located on the subdivision and shall be oriented to read from the street or highway for which such sign is permitted. 4d. Lighting. Subdivision sales signs may be internally or externally lighted. 3e. Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of three (3) years from the date of issuance of the first building permit for the subdivision, whichever should occur first. Any structure used for such purpose shall, at the end of such three (3) year period, be either removed or restored for a use permitted in the zone where located, except that the Director may, upon showing of need by the owner of the property, extend the permitted time beyond three (3) years. h. Te*t. ,ill text as ouch hall late lust. ly he bdi%:..:..., 1,,.:-.. ff ed f8r s6l Si.6a:ro�.mrrim« c'icv�an-r'cv7-�v�`z�c.-viiwma�osroc�irs-o�ioroa-ioroaro OF lea9O. f Sign Copy. Name of an on-site subdivision and information relating to a subdivision being offered for sale or lease for the first time may be permitted. Other advertising matter is prohibited. 63. Subdivision Entry and Special -Feature Signs. Includes temporary signs that provide necessary travel directions to and within a subdivision offering properties for sale or lease for the first time, but which contains no other advertising matter. 4a. Sign Review for Enhanced Signage. Subject to the approval of a sign review for enhanced signage, the following related signs may be permitted in any subdivision qualifying for subdivision sales signs: a -i. Subdivision entry signs as are necessary to facilitate entry into and movement within the subdivision; and 1 Iii. Subdivision special -feature signs located in the immediate vicinity of an approved model • home and temporary real estate tract office. 2b. Area. e -i. Subdivision entry signs shall not exceed twenty-four (24) square feet in sign area. b -ii. Subdivision special -feature signs shall not exceed twelve (12) square feet in sign area. 3c. Height. Subdivision entry and special -feature signs shall not exceed eight (8) feet in height. 4d. Lighting. Subdivision entry and special -feature signs shall be unlighted. 3e. Location. Subdivision entry and special -feature signs shall be located within the subdivision. 6£. Time Limit. Subdivision entry and special -feature signs shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period. g. Sign Copy. Name of an on-site subdivision and necessary travel directions may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign m appear to be advertisement are prohibited. -a na c 4-2,19T103. tia nc in a inn unci 17 2, 2 4. Subdivision Directional Signs. Includes temporary on or off-site signs that provide necessary travel directions to a subdivision, located within the city, offering properties for sale for the first time, but which contains no other advertising matter. a. Sign Review for Enhanced Signage. Subiect to the approval of a sign review for enhanced signage, subdivision directional signs, located on or off-site, providing necessary travel directions to a new subdivision, may be permitted. b. Number. The total number of subdivision directional signs shall not exceed three (3) c. Area. Subdivision directional signs shall not exceed four (4) square feet. d. Height. Subdivision directional signs shall not exceed three (3) feet. e. Lighting. Subdivision directional signs shall be unlighted. f. Location. Subdivision directional signs shall be located within one (1) mile of the Subiect • subdivision and shall not be located in the public right-of-way. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 27 g. Time Limit. Subdivision directional signs shall be permitted for weekend events only, from 4 • PM Friday to 10 AM Monday. Subdivision directional signs shall have the same time limit as subdivision sales signs. h. Sign Copy. Name of the subdivision and necessary travel directions that relate exclusively to the subdivision being offered for sale may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement is prohibited. 1:7 39 �oR. Temporary Freestanding Signs. Temporary freestanding signs are permitted in all zones subject to the following regulations: Al. Number and Time Limits. -la. In the C, MX, Pl, I and OS Zones. No temporary freestanding commercial signs permitted at any time. 2b. In the R Zone. No temporary freestanding commercial signs permitted at any time. 92. Area. 1a. In the C, MX, Pl, I and OS Zones. A maximum area for each temporary freestanding noncommercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding noncommercial signs on an individual parcel or within a commercial center of two hundred (200) square feet is permitted. 2b. In the R Zone. A maximum area for each temporary freestanding noncommercial sign of thirty-two (32) square feet and a maximum aggregate area for all temporary freestanding noncommercial signs on an individual parcel of land of one hundred (100) square feet is permitted. Q. Location. Signs may be placed in the front Yard or side Yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless otherwise authorized in thisegEeF • section, temporary signs shall not extend over or into any public right-of-way, street, alley, sidewalk or other public thoroughfare. 134. Lighting. Signs shall not be lighted. F5. Removal. All temporary freestanding signs must be removed within ten (10) days after the event for which they are intended. F6. Sign Copy. Information related to noncommercial use that is advertising a temporary event may be permitted. Telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement for a commercial use or purpose are prohibited. "�oS. Wall Signs. Wall signs are permitted in the C, MX, PI, and I zones and for commercial and other nonresidential uses in the R and OS zones subject to the following regulations: Al. Number and Area. 1a. Ground -Floor Establishments. a -i. In all permitted zones, each ground -floor establishment with a separate entrance shall be permitted one primary wall sign along the main elevation with a primary entrance, facing a street or on-site parking area. A maximum of one and one-half (1.5) square feet of wall sign area for each one linear foot of building or tenant frontage shall be permitted. >}ii. In the C, MX, PI, and I zones, each ground -floor establishment with a separate entrance shall be permitted secondary wall signs along up to two (2) other elevations (including the rear) with a secondary entrance, facing a street or on-site parking area. A maximum of one-half (1/2) the allowable area of the primary wall sign shall be permitted. e:iii.In the C, MX, PI, and I zones, a ground -floor retail establishment with two (2) entrances along the main elevation may be permitted two (2) primary wall signs along the main elevation, pursuant to a sign review for enhanced signing and the following regulations: • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 28 • I (4a) The main elevation shall have a minimum building or tenant frontage of one hundred and fifty (150) feet, and a minimum gross floor area of ten thousand (10,000) square feet. (2b) The combined area of all signing along the main elevation shall not exceed one and one-half (1.5) square feet of wall area for each one linear foot of building or tenant frontage. (35) The wall signs shall have the same design and shall be located adjacent to or above the building entrances. d -iv. In the C. MX. PI, and I zones, larger ground -floor retail establishments may be permitted up to four (4) supplemental wall signs along the main elevation to advertise services provided or sub -tenants, pursuant to a sign review for enhanced signing and the + following regulations: I (4a) The main elevation shall have a minimum building or tenant frontage of one hundred and fifty (150) feet, and a minimum gross floor area of ten thousand (10,000) square feet. (2b) The combined area of all signing along the main elevation shall not exceed one and one-half (1.5) square feet of wall area for each one linear foot of building or tenant frontage. (3c) The combined area of all supplemental signs shall not exceed twenty-five (25) percent of the area of all signing along the main elevation. 2b. Shared Entrances. a:i. In all permitted zones, any building containing establishments that front only an interior mall having a limited number of entrances shall be considered a single establishment for • the purpose of computing the number and area of wall signs permitted on the exterior walls of such building. bii. In the C, MX. Pl. and I zones, each first- and second -floor establishment that does not have a separate entrance or does not front a street or on-site parking area shall be permitted a maximum sign area of two (2) square feet oriented facing the street, entrance or on-site parking area. 3c. Second Floor Establishments. In the C. MX. PI, and I zones, for each second floor establishment with a separate entrance facing a street or on-site parking area, one wall sign with a maximum area of ten (10) square feet shall be permitted. A maximum area of up to twenty (20) square feet may be permitted, pursuant to a sign review for enhanced signing. 4d. In the C. MX. PI, and I zones, a maximum three (3) wall signs shall be permitted per ground floor establishment with a separate entrance and a maximum one wall sign shall be permitted per elevation of each ground -floor establishment, except as permitted in subsections JA.U(Ia)(e3) and fAjJ(-1•_#d4) of this section. 132. Height. 4a. In all permitted zones, a maximum height of up to two (2) feet and one-two vertical lines of text shall be permitted. For initial capital letters or logos, a maximum height of up to two and one-half (2-1/2) feet shall be permitted. 2b. In the C. MX. PI, and I zones, a maximum height of up to eight (8) feet and tsve-three (22) or more vertical lines of text may be permitted, pursuant to a sign review for enhanced signing. Q. Width. In all permitted zones, the maximum width of seventy-five (75) percent of the building or tenant frontage shall be permitted. D4. Location. 4a. In all permitted zones, wall signs shall not extend above eave line or parapet on the lowest point on the sloping roof of the building on which it is located. • January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 29 2b. In all permitted zones, that portion or any actual or false roof varying forty-five (45) degrees • or less from a vertical plane may be considered an extension of the building wall for the purpose of wall sign placement. 3c. In all permitted zones, wall signs shall be located approximately parallel to the plane of the building and shall not project more than eighteen (18) inches from the building face. 155. Lighting. 4a. In the C, MX, PI, and I zones, monument signs may be internally or externally lighted. 2b. In the R and OS zones, signs may be internally or externally lighted; provided, that no exposed incandescent lamp used shall exceed a rated wattage of twenty-five (25) watts. F. Multiple Tenant Signs. MenufneiA signs displaying five (5) or mere tenants per sign f8ee are pefw�tted pursuant to a master sign plan. 6. Sign Copy. Only individual letters of a business name or individual letters and adiacent logo may be permitted. Products for sale, telephone numbers, web addresses, prices and other information which makes the sign appear to be advertisement are nrohibited. Sunolemental wall signs along the main elevation, advertising services provided or sub -tenants, may be permitted, pursuant to a sign review for enhanced signing (Ord nz 17 c 2, 1219i02. Ord nc in c2, 12413,105) 17.19.22 T. Window Signs. Window signs are permitted in all zones; provided, that such signs do not exceed twenty-five (25) percent of the area of any single window or of adjoining windows on the same frontage. This provision is not intended to restrict signs utilized as part of a window display of merchandise when such signs are incorporated within such display. 1. Sign Copy. Business name, business logos, and services incidental to the business may • permitted. (Ord 02 1-7 c o 1210102.. OFF nc 19 c e 12,113,105) January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 30 • . . . . ..WMZOTAX... .. ... ... .. .. .. . . . .. .. ..... . . ._ ...is1 ... ... .. . .................. . .. 0111101 January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 30 • 0 • • ".'_ 19.24^0U. Prohibited Signs. The following signs shall be prohibited in all zones: Al. Signs which contain or utilize any of the following: +a. Any exposed incandescent lamp with a rated wattage in excess of forty (40) watts; 2b. Any exposed incandescent lamp with an external metallic reflector; 3c. Any revolving beacon light; 4d. Any continuous or sequential flashing operation; 132. Revolving signs. 63. Signs advertising or displaying any unlawful act, business or purpose. 134. Signs emitting audible sounds, odors or particulate matter. R5. Any strings of pennants, or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons and similar attention -getting devices, with the exception of any national, State, local governmental, institutional or corporate flags, properly displayed per subsection (P)(7) (Comorate EM) . F6. Devices projecting or otherwise reproducing the image of a sign or message on any surface or object. 67. Portable signs (including A -frame signs), exeept-€eePortable real estate signs may be permitted. 148. Temporary signs, except as otherwise specifically permitted by this ehagterwction. 1Projeeting signs. - d9. Roof signs, unless deemed historic under Section 17.4-924.060-110 (Administrative Sign Variance and Historic Sign Designation). 110. Painted signs, except if deemed historic per Section 17.4-924.060-110 (Administrative Sign Variance and Historic Sign Designation). 4A l . Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign. 1412. Off-site signs, except as provided in &subsections M Off -Site Signs), end 17.19.190(6P)(9) (Freeway Commercial Center Signs). and (0) (4) (Subdivision Directional Si ns . 13. Commercial hand-held signs located upon pLoperty in all zones. 14. Mobile Signs. 17.'.,-19.25oV. Removal of Signs. Al. Unsafe Signs. Any unsafe sign may be removed by the City without prior notice. Alternatively, the Director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property fifteen (15) days to cure the violation. In the case of an unsafe sign removed by the City, the costs of such removal and storage shall be home by the permit holder, property owner, or person January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 31 in possession and control of the property, as applicable, and may be collected by the City in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the City shall be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the approval holder, property owner, or person in possession and control of the property, it shall be deemed to be unclaimed personal property and disposed of in accordance with the law. 42. Illegal Signs. Any illegal sign shall be removed or brought into conformity by the approval holder, property owner, or person in possession and control of the property following written notice from the Director. Such notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair shall not be less than fifteen (15) days from the date of mailing the notice. The Director's order may be appealed to the Planning Commission in the manner provided in Ssubsection W) (Appeals). In the event that such order is appealed to the Ding Commission, which, following a hearing, upholds the order of the Director, the City need not comply with the provisions of subsections (D4)(4a) through (3e) of this section in order to abate the sign. E3. Legal Nonconforming Signs—Special Circumstances. No legal nonconforming sign shall be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the business premises and at a location necessary for continued public visibility at the height or size at which the sign was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this ehaptersection. D4. Abatement of Signs. Whenever the permit holder, property owner, or person in possession or control of the property fails to comply with an order of the Director requiring compliance with this ehaptersection, in addition to any other remedies provided in this code or by law for the abatement of illegal signs or other public nuisances, the City may abate any such sign in the following manner: 4a. Declaration of Nuisance. The Qlt --Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. 2b. Notice of Hearing. Prior to the adoption of the resolution by the Gity-Council, the City Clerk shall send not less than ten (10) days' written notice to all persons owning the property described in the proposed resolution as determined by the last equalized assessment roll available on the date the notice is prepared. In addition, the notice shall be sent to all known persons, if any, in possession or control of such property if their names are different from those appearing on the assessment roll, and to the approval holder, if any. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegal sign. 3c. Posting of Notice. a:i. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the illegal sign exists. b. -ii. Notice shall be substantially in the following form: January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 32 0 • L_J • NOTICE TO REMOVE ILLEGAL SIGN Notice is hereby given that on the day of , 20_, the City Council of the City of Santa Clarita adopted a resolution declaring that an illegal sign is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal sign. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the sign is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk. All property owners having any objection to the proposed removal of the sign are hereby notified to attend a meeting of the City Council of the City of Santa Clarita to be held on at a.m./p.m. at ocation_____), when their objections will be heard and given due consideration. Dated this day of 20 City Clerk City of Santa Clarita e. -iii. This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council. 4d. Written Notice of Proposed Abatement. ai. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City -Council shall direct the City Clerk to mail written notice of the proposed abatement to all the persons owning the property described in the resolution. The City Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City -Council. iii. The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning the property described in the resolution. The address of a property owner shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Los Angeles poses any charges upon the City for the actual costs of furnishing the list, the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed against the property owner. eiii. The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the City -Council. The notices mailed by the clerk shall be substantially in the form of notice set forth hereinabove. Se. Hearing—Continuance"bjections—Finality of Decision—Order to Abate. ai. At the time stated in the notices, the City -Council shall hear and consider all objections to the proposed removal of the sign. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City -Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of removal. b:ii. The decision of the City -Council is final. If objections have not been made, or after the • City -Council has disposed of those made, the Council shall order the enforcement officer January 2013 1 DRAFT Chapter 17.19 - Sign Regulations Page 33 b-. i. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. e -iii. The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor's map books for the current year. d -iv. The City shall request the County Auditor to enter each assessment on the County tax roll opposite the parcel of land. January 2013 1 DRAFT Chapter 17.19 - Sign Regulations Page 34 11 • to abate the nuisance by having the sign removed. The order shall be made by motion or resolution. gf. Entry Upon Private Property. The ea€ereement Enforcement Oefficer or City contractor may enter private property to abate the nuisance. 7g. Removal by Owner—Special Assessment and Lien for Costs. Before the enforcement officer takes action, the property owner or person in possession or control of the property may remove the illegal sign at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the City -Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, legal and other related costs. 8h. Cost of Abatement—Itemization. a -i. The enforcement officer shall keep an account of the cost of abatement of an illegal sign. Such officer shall submit to the City -Council, for confirmation, an itemized written report showing that cost. b -ii. A copy of the report shall be posted at least three (3) days prior to its submission to the City -Council, on or near the City -Council chambers door, with notice of the time of submission. e -iii. At the time fixed for receiving and considering the report, the City -Council shall hear it with any objections of the property owners liable to be assessed for the abatement. The City -Council may modify the report if it is deemed necessary. The Cit} -Council shall then confirm the report by motion or resolution. 9i. Abatement by Contract. The nuisance may, in the sole discretion of the City -Council, be abated by performance on a contract awarded by the City -Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an • itemized account and submit such itemized written report for each separate parcel of property required by subsection (1)4)(7g) of this section. -lei. Special Assessment and Lien. a-. i. The costs incurred by the City in enforcing abatement upon the parcel or parcels, including investigation, boundary determination, measurement, clerical, legal or other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection. b-. i. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. e -iii. The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor's map books for the current year. d -iv. The City shall request the County Auditor to enter each assessment on the County tax roll opposite the parcel of land. January 2013 1 DRAFT Chapter 17.19 - Sign Regulations Page 34 11 • e:v. The City shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. €vi. The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is further acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of County taxes apply to these special assessments. 44-k. Issuance of Receipts for Abatement Costs. The Enforcement Officer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. -1-21. Refund of Assessments. The City -Council may order a refund of all or part of an assessment pursuant to this section if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1st after the assessment has become due and payable. The claim shall be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator. (^-a. 03 17 c 2 12,19,(03; n.a nc 1 c o , 45105) 4740466W. Appeals. ill. Any person seeking to appeal a decision of the Director granting or denying an application for • issuance of a sign permit, revoking a permit or ordering the remediation or removal of a sign may appeal such action first to the planning Commission, and, if dissatisfied with the decision of the Planning Commission, then to the Qty—Council in the manner provided by Chanter 17.07 (Anneals or Certification of Review l ceetions , n, , , n a._,.....,. , n, , an of this Ceode. The City shall expeditiously schedule a hearing before the Plaming-Commission or C4ty-Council, as applicable, not later than thirty (30) days after the notice of appeal is received by the City; provided, however, the hearing may be held after such thirty (30) day period upon the request or concurrence of the appellant. Action on the appeal shall be taken at the time of the hearing by the Planning Commission or Qty -Council, as applicable, unless the appellant requests a continuance. The time for compliance of any original order shall be stayed during the pendency of any hearing before the 1gCommission or City -Council. The appellant shall be notified in writing of the planning Commission or City -Council's decision, no later than fifteen (15) days after action has been taken. 42. Any person dissatisfied with the final action taken by the Qty -Council may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure Section 1094.8. `nom 17 SO 12,19M; Ord05 ,9§2 ,on 2inc� r 1 U January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 35 ''� T .2;4X. Sign Regulations Matrix. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 36 u 0 r 1 u "PE PERMIT REQUIRED ZONES NUMBER AREA HEIGHT SETBACK WIDTH Anton obile shipID Sins Sign Review C and I. 2 on each side of a 8 sf ve card. -- - _ Dealei light standard foralaQ Placa maximum of 4 ner li ht startdard. Anton olive- d P to Sin Review VDS Overlay. One. 200 sf. 35 ft 3 R from PL. Simon shall comply with _ rient Signs all other pylon sign Code sections. Awni At Si s Sim Approval C I vmx. One ver awning. on _ I ft, _ 50%o the awnin or Sign Review the Hat fascia vortion of awnin . Bann Signs - O erin Sim Approval C, L MX, PI, QD2 60 sf. 3 ft. -- -- Granc Bann s Bann Si s - Event s Stan Approval C.1, MX. PI, One 60 sf, 3 ft. - 52gjai Bann Buildi mg ID Sim Approval C. 1. MX, PI One 6 sf if less than 30 ft. above around. Signs of wall areaifaboye 30 ft. Buildi ID Sign Approval Multifamily one 6sf. -- _ -- Si ns residential. Buildi ig ID Sign Aproval OS and other One 1 sf -- - Sims residential. Chan eable ins sign Review In lieu of a regular monument. pylon or wall One. For assembly In no event shall the sign Signs shall comply with Sins shall comply with Signs shall CODN uses of 100 or more all other monument comply with all other mo m nt persons. In lieu of a exceed 100 sf. all other monument,ections. Pylon or wall pylon or wall sign Code regular freestanding o sign otherwise wall mounted siim. permitted. sin ode sections. pylon or wall si n section . Com unity ID Sien Review All zones. _ 2kAL 15 ft. Signs shall comply with - Signs all other monument and Ion si standards. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 36 u 0 r 1 u • 0 • T PE PERMIT ZONES N M ER AREA HEIGHT SETBACK NTDTH REQUIRED Const uction -- C. I. MX, PI. One ver street frontage 96 sf with a lot frontage less than 100 ft. 144 sf. with 16 ft -- _ Siens a lot frontage greater than 100 ft. const uction — R and OS One Mr street frontage. 12 A with a lot frontage less than 100 ft. 64 sf. with >3 _ - Siens a lot fronta.e greater than 100 ft. Direct onal Sim Approval C 1. MX, PI. Number not soecified, 6 sf Uv m 12 Freestanding I ft. from PL for freestanding signs. Shall be within a plamm -- Sijnsro Sim Review sf. with Enhanced Signing. : 6 ft. Up to 8 ft. with Enhanced Signing. Wall mounted: no to 3 ft. area and outside clear sire line setback area. Shall be setback minimum 25 R to anv adiacent R zone. Dir ct onal Sign Review OS and commercial uses in the residential zoner Number no specified 6 sf. Up to 12 Freestanding 5 ft. from PL for freestanding signs within planter area and _ Signe sf with Enhanced Signing. : 6 ft. Up to 8 ft. with Enhanced Summa. Wall mounted: outside clear site line setback area Set back minimum 25 R to anv adiacent R zone Electr nic board Conditional Use Pemrit In lieu of a regular monument pylm freeway oriented sign One. For oroverties Signs shall comply with all other monument or pylon sign Code sections. Signs shall comply with 100 ft to any residential PL. Signs _ Reade 25 acres or larger Si los all other monument or shall comply with all other monument or pylon sign Code sections. pylon sum Code tion . otherwise permitted in C, _MX zones. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 37 January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 38 • I* PE PERMIT REQUIRED ZONES NUMBER AREA HEIGHT SETBACK WIDTH Freew Conine iU -Signs Conditional Use Permit Commercial One shall be vennitted for each 900 sf. 25 R Min 2,000 R from another Freeway Commercial Center -- and industrial Properties 50 Cente lot of parcel of land alone SR -14 or 1-5 Sign No sign shall be acres or larger alone of 50 acres or greater, less than 500 ft. to another freestanding SR -14 and 1-5 freeway sign. Shall comoly with all other pylon in C. 1. MX zones. sign code sections. Frcew v- ed Pylon Sign Review C. 1. MX. PI. One limited to food. 200 sf. 35 , 3 ft from PL Signs — Orien fuel or lodging uses. shall comply with all Signs other Pylon sign Code sections. Fuel F rddallSgn Approval C. 1. MX. PI. One monument sig p 60 sf. UP to 100 sf. for sins at street 6 ft. Up to 15 1 ft from PL. 3 ft from PL for signs at -- im or Sin Review p street fmntage. or one pylon sign at ft. for signs at street comer. with street comer. Shall comply with all other street comer. comer with enhanced sooting. enhanced signing. monument or pylon sign Code sections. Gas S les v Signs Sign Approval C. 1. MX. Pl. One per canopy fa cia. 2 ft. or 50 % 25 ft. from any residential zone. 50%o the width Canot of the height of the canopy fasca whichever is ofthe canopy fascia. less. Incide iLal ss Signs — C 1, MX, Pl. One ver business. 2 sf. per business. -- — -- Basin Mara ee Signs Sian Review For movie or One. Shall be in portion [o 15 t . — live theater uses only. the structure. Menu roard Sin Approval C. L MX. One per restaurant drive-tlw service lane. 4i§L 6 ft. Vehicle stacking setbacks per 17.66.030. Sins or Sin Review January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 38 • I* 0 • f 1 J January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 39 E PERMIT ;CONES NUMBER AREA HEIGHT SETBACK WIDTH REQUIRED Monu nent Sin Approval C. I. MX, PI One with mmimu 14aL includine base 6 fL Up to 8 1 ft from PL. Shall be _ Signs r ion Review 100 ft. of lot frontage. One additional sign Per ft. with Enhanced Sienine for larger centers of 3 within a Planter area Shall also include address in 8 in andoutsidcclearsite line setback area. Shall be setback minimum 25 ft. to anv 400 ft. of lot frontage provided high letters. Additional area Permitted signs are seyara or more acres or ones adiacent R zone. by 250 ft. Comer lots may combine with Enhanced with visibili constraints. frontage of be streets. Five or more tenants require Signing for larger centers. a Master Sign Pro Mono nent Siem Approval OS and commercial One with minimum 54 sf including base. Shall also include address in 8 in. high letters. 6 -ft. 5 ft from PL. Shall be Sims 100 ft. of In frontage. Comer lots may combine frontage of both stmts. within a Planter area uses in the residential zone. and outside clear site line setback area. Shall be setback minimum 25 R to anv adiacent zone. Previ Board Sin Approval G 1. MX One ver restaurant 20 sf fi acking er .Prde _ Signs orSi Review drive-thm service 1 in Sign Review R ne. One Per ground- 8 sf. 4 ft be locaSkm Boor business. public rieht- aloneside of the mairdmimary elevati n. Pvlon iisms Sign Approval G L MX, Pl. One with minimum 40 sf. UP to 160 sf. with Enhance Sianinit fo centers with 1.000 ft. of In 15 ft. Up to 3 ft from PL. Shall be _ or Si en Review 500 ft. of lot frontage and 3 acres 20 ft with Enhanced Simina f r centers with within a olanter area. Shall be setback minimum 25 ft, to anv of land area. On additional sign with adiacent R zone. Enhanced Simnia 1.000 ft. of lot frontage. for centers with 1.000 ft, of lo[ frontage. Comer lots may combine frontage of both r froom January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 39 January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 40 40 • • more tenants reuuire a Master Sign P m. "PF. PERMIT REQUIRED ZONES NUMBER AREA HEIGHT SETBACK WIDTH Pvlon iians Sign Approval OS. One with minimum 24 sf. 15 ft. 5 ft from street PL. Shall be within a vlanter area. Shall be _ 500 ft. of to frontage setback minimum 25 ft. to any adiacent R one. Re I f state _ G 1, MX, PL One wall or freestanding cer street frontage. 32 sf with a lot fronmee less than 100 ft. 48 sf with a 8 R. 10 ft. from PL for freestanding signs. Shall be within planter _ Sumps area. lot frontage greater than 100 ft. Real F state _ Multifamily One wall or freestanding ver street frontage. 12 sf. with a lot fronmee less than 100 ft. 32 sf, with b ft. 10 ft. from PL for freestanding signs. Shall be within Planter -- Si�nsresidential. area. a lot fronmee greater than 100 ft. Real I state – OS and other One wall or freestanding cer street fronmee. 6 sf with a lot $ t 10 ft. from PL for Freestanding signs. Shall be within Wanter - Si�ns residential. frontage less than 100 ft. 32 sf. with a lot froom greater than 100 ft. area. Sub& A n ions Sin Review All zones. Number not specified. Shall be 24 sf 85—f 1 ft. from street PL. -- Ent Shall be within a planter area and outside clear site line for a maximum 3 years from building noir .ssuance. setback area. Subdi ision Feature Sin Review All zones. Number not specified. Shall be 12 sf. 8 ft. I ft. from street PL. - S eciI Shall be within a Planter area and outside clear site line Si_g_ns for a maximum 3 years from building rmit issuance. setback area. Subdi ision to Sign Review All zones. Number not specified. 54 sf 6_t, 1 R. from PL for freestanding. Shall be -- Sims withina lanterarea January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 40 40 • • 0 E • and outside clear site line setback area. T PE PERMIT REQUIRED ZONES NUMBER AREA H .ICFfT SETBACK N1DTH Subdi ision i ns for inions Sim Approval All zones. One per sneer frontage. Shall be 64 sf if 10 or less lots. 128 8 ft for signs I ft from PL for signs _ Sales. 64 sf or less less than 8 ft hieh. 3 new subdis for a maximum 3 years from building 5f if 11-19 lots. 16 ft for signs greater ft. from PL for stens 180 sf if 20 or ¢neater than 8 ft. high. Hermit issuance. more lots. than 64sf. Shall be within a planter area and outside clear site line setback area. Subdi inion onal Sian Review All zones Three within l mile 4 sf. IA I ft. from street PL. -- Direct of the subiect subdivision. Shall be Shall be within a planter area and outside clear site line SS n permitted for weekend events only. Shall be for a setback area. maximum 3 Years from building permit Tem ran' ndin- -- C. I. MX, PI Not specified. Total 32 sf for each Signs may be placed - F'reest and OS Only noncommer- tial sin s remitted. aaereeate area of signs not to exceed sivn. Total aeereeate area in the front or side Stens yard areas, but may 200 sf not to exceed 200 sf. not encroach into any public rieht of way. +F,mtnadr,vn- — R. Only noncommer- tial suns permitted. Not specified. Tota! 32 sf for each -- Signs may be placed aeeneeate area of sins not to exceed sign. Total aeereeate area in the front or s vard areas but may 100 sf. not to exceed 100 sf. not encroach into any public right of way, Unde -Canopy Sin Approval C.1. MX One uer business. 4'/: sf. 1 % ft. -- 3 ft. Si ns AiL ins- Wall or Multi • Sinn Approval C. I. MX Pl. One alongside of the 1.5 sfofwall sin area per foot of tenant froom 2 ft.and'_ lines of text and up to 1.5 ft. for initial _ 75%of tenant frontage Prima or Si Review maimoomary elevation of each tenant as nart of 360 Si ns Ten Centers dee. architecture, Five or more tenants capital letters and loos Up to 8 ft, and/or stack- require a Master Sin Program. ed text with Enhanced January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 41 January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 42 is • L ing Si . PE PERMIT REQUIRED ZONES NUMBER @$FA HEIGHT SETBACK WIDTH Wall. km: - a Wall Sien Approval C I. MX. PI. One aloneside o each end tenant and Half the allowable area 2 ft. and 2 lines of text _ 75%of tenant frontage. Secon or i n Review Si ns or Nlulti- one alone rear of each tenant as part of the primary and up to 2.5 Tenant Centers wall sien for each tenant ft. for initial of 360 deg, architecture. Five or capital letters and Imms. Up to 8 ft. and/or 5mck- ed text with Enhanced Simin . more tenants require a Master Sien Pro mm. Wall . ins - Floor i n for swish to ce Sim Apmoval C. I MX. PL One cer tenant with lO Sr. Up to 20 sf. with Enhanced 2 ft and 2 lines of text _ 75%of tenant frontage. Secon or si Revizw separate entrance. Wall and un to 2.5 Tenar Sienine. ft. for initial Se ar capital letters Entra and loaos. Un to8ft and/or stacked text with Enhanced sismine. Wall ,ins • a retail s with ced z Sien Review C 1. MX PI. Two primary wall Combined area 2 R. and 2 lines oftex[ - 75%o tenant fto_ ntaee. for la siens alone the main of all Sins not tenanl elevation with each to exceed 1.5 x and up to 2.5 ft for initial capital letters Enhar sign situated at or near an entmnce. tenant fromaze. si ni and loans. Lip to g ft. and/or stacked text with Enhanced Si in . "m nhanced Sien Review C 1 MX. P1. Up to four text alone the mam Combined area 2 ft. and_1mentalsupplemental Imes of texflargesiens of all sins alone main elevation not to exceed 1.5 x !,�th and up to 2.iltselevation [o advertise services ft. for mi[ial ca itel letters January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 42 is • L u is • Si�nin Provided or sub- tenants, tenant frontage. and logos. T YPE PERMIT ]REQUIRED ZONES NUMBER AREA HEIGHT SETBACK WIDTH Walls gns - In ace andnLd itial Sign Approval Open space commercial One 1.5 x building fm� 2 fl. and 2 lines of text and up to 2.5 75% of buildin frontage. opens reside! zones uses in the residential zone. fl. for initial capital letters and to os. Windt sins -- C 1. MX, PI. 25% of anv -- -- single window or of adjoining wmdoWs. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 43 ".'� 19.28^Y. Illustration of Sign • Types. January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 44 0 0 0 • ■4W M , ,,.... ,. UM LLs G . t. fl3r_� . January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 45 AUTOMOBILE DEALERSHIP ID PLACARD SIGN AWNING SIGN BUILDING ID SIGN AUTOMOTIVE -ORIENTED PYLON SIGN BANNER SIGN CHANGEABLE COPY SIGN January 2013 I DRAFT Chapter 17.19 — Sign Regulations Page 46 • i 0 n U COMMUNITY ID SIGN SubN CORPORATE FLAG I LOW OR TITLE OF CHAnGEABLE TEXT ELECTRONIC READERBOARD SIGN Siam arc.... CONSTRUCTION SIGN DIRECTIONAL SIGN CENTER SIGNS Linden Freewy FREEWAY COMMERCIAL CENTER SIGN January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 47 FREEWAY -ORIENTED PYLON SIGN GAS SALES CANOPY SIGN Now Showing MARQUEE SIGN MARQUEE SIGN FUEL PRICING SIGN INCIDENTAL BUSINESS SIGN so a EMI MENU BOARD/PREVIEW BOARD SIGN January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 48 • 9 C-] MONUMENT SIGN PTLICI PYLON SIGN SUBDIVISION ENTRY SIGN RN�Sn! PROJECTING SIGN REAL ESTME .Siam Wb1iY moi+.... REAL ESTATE SIGN SUBDIVISION IDENTIFICATION SIGN January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 49 PYLON SIGN SUBDIVISION ENTRY SIGN RN�Sn! PROJECTING SIGN REAL ESTME .Siam Wb1iY moi+.... REAL ESTATE SIGN SUBDIVISION IDENTIFICATION SIGN January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 49 ,sx"A.a.: SUBDIVISION SALES SIGN UNDER -CANOPY SIGN WINDOW SIGN Tmpmay sip a N TEMPORARY FREESTANDING SIGN January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 50 WALL SIGN 'Wall sign 0 rI L VdMW SIGNS arffirascaaa 1-8004234467 WINDOW SIGN Tmpmay sip a N TEMPORARY FREESTANDING SIGN January 2013 1 DRAFT Chapter 17.19 — Sign Regulations Page 50 WALL SIGN 'Wall sign 0 rI L Chapter 17,8029 SCOPE AND ADMINISTRATION Sections: 17.820.010 Scope. 17.80.020 Grading Permit Administration 17.80.030 Resoonsibility of Permittee 17.820.010 Scope. A. This chapter sets forth rules and regulations for the control of excavation, grading and earthwork construction, including fills or embankments and the control of runoff from graded sites, including erosion sediments and construction related pollutants. B. These rules and regulations establish minimum standards and are not intended to prevent the use of alternative materials, methods or means of conforming to such standards, provided such alternative has been approved. • C. The City Engineer shall approve such an alternate, provided he finds that the alternate is for the purpose intended, at least the equivalent of that prescribed in this Geode in quality, strength, E effectiveness, durability and safety. D. The City Engineer shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate. E. These rules and regulations establish the administrative procedures for issuance of permits, and provide for approval of plans and inspection of grading construction. (Ord. 00 3, M100j January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 1 0 17.8204.0240 Grading Permit Administrations. A. Purpose. In order to implement the Saata Glar+ta General Plan, protect significant-ridgelines, promote sensitive hillside development, and ensure appropriate and reasonable grading in accordance with sound engineering and design standards, the City of Santa Glasitahereby establishes grading plans and permits. The purpose of this section is to supplement the grading provisions of the Uniform Building Code. B. Applicability. A grading permit shall be obtained for any grading performed within the City-Gf dant; Slarita, unless the type/quantity of grading is included in the exceptions identified in Section 17.821.010 Permits . • C. Approvals and Extensions. Any approval of a grading permit application or grading permit shall expire within six (6) calendar months from the date of avoroval or issuance. except where grading construction, in reliance on an approved permit, has commenced prior to its expiration. If at any time during the grading construction significant progress towards completion is halted as determined by the City Engineer for six (6) months or longer. the City Engineer may provide written notification to the permittee that expires the grading permit. The expiration date of the grading permit may be extended by the City Engineer for an additional six (6) months, if such as request is received by the City Engineer within thirty (30) days prior to the oermit's original expiration date. Only one (1) six (6) month extension to the expiration date of the grading permit may be granted by the City Engineer. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 2 • • thFee (3) sets ef plans and SpeGif GatiGAS shall hesubm ttpd. The plans shall be pFepared R D9. Permit Authorization. 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 plans and specifications approved by the City Engineer and the work shall be done in accordance with any conditions imposed by the City Engineer and in accordance with the requirements of this section. E. Work Commencing Before Permit Issuance. Any person who commences any work for which a grading permit is required by this Code before having obtained the necessary grading permits, shall be subject to an investigation fee, whether or not a permit is issued at that time, or subsequently. The investigation fee shall be equal to twice the amount of the permit fee. Payment of such fee shall not exempt any person from compliance with all other provisions of this code or from any other penalty prescribed by law. F€. Other Permits May Be Required. Permits issued pursuant to this section shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other provision of this Csode or by any other person, body, or agency. G6. Right of Entry—Indemnification. As a condition of issuance of any grading permit, the owner of the site to be graded and the contractor, if any, shall grant to the City a right of entry on the site for the purposes of inspection and for purposes of correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the contractor shall agree to indemnify the City for any claims or damages which may result from the City's entry onto the property including any corrective action taken pursuant to such right of entry. The right of entry and indemnification agreement shall be on a form approved by the City Attorney. H#. Liability. 1. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this development code or with any conditions imposed by any City official under this section, shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the City for damage to persons or property. January 2013 1 DRAFT Chapter 17.20-17.30 – Grading Page 3 2. The City Engineer or any employee charged with the enforcement of this section, • acting in good faith and without malice for the City in the discharge of their duties, shall not thereby render themselves liable personally and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of their duties. Any suit brought against the City Engineer or employee, because of such act or omission performed by them in the enforcement of any provisions of this section, shall be defended by the legal department of the City until final termination of the proceedings. If=. Temporary Suspension of Permit. The City Engineer shall have the authority to temporarily suspend all work on a grading project and suspend the permit if the City Engineer determines any one of the following: 1. That field conditions present an immediate hazard or danger to life or property; 2. The permittee fails to or refuses to correct a deficiency or hazard; 3. The work being done is contrary to the approved plans or conditions thereof; 4. There is lack of supervision of the grading operation, lack of engineering control, soil engineering control is not being adequately provided; 5. Any condition which in the City Engineer's opinion, presents a threat to the public safety or welfare immediately, or in the future which may cause unstable earth until the hazard or condition is removed to the satisfaction of the City Engineer; or January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 4 11 • 6. There is a violation of the Santa Clarita Municipal Code. C� • Revocation of the grading permit shall follow the procedures set forth in Chapter 17.08 (Revocations and Revisions) Sestien aOa 148. JM. Time of Grading Operations. Grading and equipment operations within three hundred (300) feet of a structure for human occupancy shall not be conducted between the hours of seven p.m.a-ae and seven ap.m. on weekdays and six p.m. to eight a.m._ to rix p.m. on Saturday. Further, no work shall be performed on Sundays and the following public holidays: New Year's Day, Independence Day, Thanksgiving Day, Christmas Day, Memorial Day and Labor Day. The City Engineer may, however, permit grading or equipment operations before seven a.m. or after seven p.m. on weekdays, and on Saturday, Sunday and holidays, if it is determined that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operations may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. f QFd. 17.820.030 Responsibility of Permittee. A. Compliance with Plans and Code. The Permittee or his agent shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Code. B. Contents of Permit. It shall be the responsibility of the Permittee to be knowledgeable of the conditions and/or restrictions as placed on the grading permit, as outlined in applicable sections of this code, as contained on the approved grading plans and as noted in the approved Geotechnical Report(s). The Permittee shall also be responsible to maintain, in an obvious and accessible location on the site, a copy of the permit and grading plans bearing the approval of the City Engineer. C. Coordinator. The Permittee shall act as the coordinator between the Proiect Consultants Contractor. and City Engineer. The Permittee shall present to the City Engineer the names of all Project Consultants prior to obtaining a grading permit. In the event of changed conditions the Permittee shall be responsible for informing the City Engineer of such change and shall provide revised Plans and reports for approval. D Inspections It shall be the responsibility of the Permittee to notify the City Engineer when the work is ready for inspection as required by Section 17.89.010 (Grading Inspection) The notification shall be at least one working day in advance of the inspection. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 5 E. Protection of Utilities. The Permittee and the Owner of the property upon which the grading • is being performed shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies not only to within the limits of grading, but also along any routes of travel of equipment. F. Protection of Adjacent Property. The Permittee and the Owner of the property upon which the grading is being performed shall be responsible for the prevention of damage to adiacent property. Additionally, no person shall excavate on land sufficiently close to the property line, if doing so may endanger any adioining public street, sidewalk, alley, or other public or private property, without taking adequate measures to support and protect such property from settling, cracking, or other damage that might result from the grading operation. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the City Engineer, to prevent such materials from being deposited on adjacent public 4QN-ef-wav and/or drainage courses. Grading designs that serve to avoid disruption to adjacent Property shall be utilized as governed by Section 17.51.020(Hillside Development). G. Stormwater Control Measures. The Permittee and the Owner of the property upon which the grading is being performed shall put into effect and maintain all Precautionary measures necessary to protect adiacent watercourses and public or Private Property from damage by erosion, flooding and deposition of mud, debris, and construction -related pollutants, which originate from the site during grading and related construction activities. • H. Termination of Consultants. The Permittee and the Owner of the property upon which the grading is being performed shall notify the City Engineer In writing, within forty-eight (48) hours, if any Project Consultant resigns or is terminated. Ownership Chanae. The Permittee and the Owner of the Propertv upon which the aradina is being performed shall notify the City Engineer in writing, within forty-eight (48) hours, if an ownership change occurs. The new Owner and the Permittee shall together apply for a grading permit in their names within forty-eight (48) hours of such a change. The grading Permit may be terminated by the City Engineer for violation of this section of the Code. J. Best Management Practices. The Permittee and the Owner of the oroperty upon which the grading is being performed shall maintain the site in such a manner as to minimize the impacts of stormwater and construction -related oollutants due to the grading and related construction activities on adjacent Public and private property and drainage courses. The required best management practices shall include, but not be limited to, those identified in the following section: 1. All equipment used for grading and related activities shall be stored, serviced, and refueled in a designated area specifically designed to prevent waste oils, fuels, solvents, and other pollutants from contaminating the soil or being conveyed by stormwater; January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 6 • • • 2. All fuels, solvents, oil, and other foreign substances, and their containers, shall be stored in accordance with their listing and protected from the weather in such a manner as to prevent them from contaminating the soil or being conveyed by stormwater: 3. A covered receptacle shall be available on-site for collection of trash and debris to be died of off-site. The site shall be maintained in such a manner as to prevent the deposition of trash and debris onto adiacent public and private property' and 4. All vehicles or equipment shall be free of mud and debris before leaving the site, so as not to track or deposit such material onto the public way when accidental depositions occur. K. Project Site Maintenance. 1. Cleanup and Dust Control. Throughout all phases of construction, including suspension of waste and until final certification, the Permittee shall keep the site free from rubbish and debris. The Permittee shall also abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. 2. Vermin Control. At the time of official certification the area graded under the permit shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Permittee. The Permittee shall be responsible for the elimination of offensive odors resulting from extermination operations. 3. Sanitation. The Permittee shall provide and maintain enclosed toilets for the use of employees engaged in the grading operation. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws ordinances, and regulations pertaining to public health. L. Protection and Restoration of Existing Improvements. The Permittee shall be responsible for the protection of public and Private property adjacent to the site and shall exercise • due caution to avoid damage to such property. M. Public Convenience and Safety. 1. Traffic and Access. The Permittee's operations shall not cause an unnecessary inconvenience. The access rights of the public shall be considered and maintained at all times. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 7 2. Storage of Equipment and Materials in Public Streets. All applicable right-of-wav is permits shall be obtained with Section 13.06 (General Requirements) of the Municipal Code for all equipment and materials in a public street or right-of-way. Construction equipment shall not be stored at the worksite for more than five (5) days after it is no longer needed. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 8 • • 11 • • Chapter 17.821 PERMITS Sections: 17.821.010 Permits. 17.821.020 Availability of Permit and Stormwater Pollution Prevention Plan at Site. 17.821.030 Unpermitted Grading. 17.821.060 Notification to Start Grading. 17.821.010 Permits. A. Permits Required. A person shall not perform any grading without first obtaining a grading permit to do so from the City Engineer. A grading permit does not include construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any Engineered Grading as described in this Code shall be performed by a contractor licensed to Perform the work described hereon. Regular Grading of less than five thousand (5,000) cubic yards may require a licensed contractor if the City Engineer determines that special conditions or hazards exist. 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 the Ci thisjuf sdistien. Approvals from other agencies may be required. A grading permit shall not be required for the following: An excavation that does not exceed fifty (50) cubic yards and complies with one of the following conditions as shown in Figure 17.81.1 (Permit Exception Details): a. Excavation ils less than twohree L3) feet in depth; or—.Gr b. Excavation dBoes not create a cut slope greater than five (5) feet in height measured vertically upward from the cut surface to the surface of the natural grade and steeper than twof+ve (26) units horizontal to one (1) unit vertical (festwenty percent (5020°/x) slope)-er, January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 9 2. A fill not intended to support structuresand which does not obstruct a drainage course and :f su a;awhich_complies with one of the following condition as shown in Figure 17.81.1 (Permit Exception Details): a. Fill is less than one (1) foot in depth and is placed on natural terrain with a slope flatter than five (5) units horizontal to one (1) unit vertical (fifty percent (50%) slope): OL i....i. Ged e natural gFad., U;at has a sle.. of seee . than Ave (5) hGF4 Rta! to b. Fill is less than three (3) feet in depth at its deeoest point when measured vertically upward from natural grade to the surface of the fill, does not exceed fifty (50) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slope)-: or. is less than thF98 (3) feet On depth at its and does net 9)(Geed PAY (50) GUbmG YaFds-,-of c. Fill is less than five (5) feeet in depth at its deepest point when measured vertically upward from natural grade to the surface of the fill, does not exceed twenty (20) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slogek: January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 10 • 0 • • F EXCAVATIONS FlLLS -NOT INTENDED TO SUPPORT STRUCTURES • DO NOT OBSTRUCT A DMSNOE COURSE Fu PLACED ON �— AN EXCAYATON NATURAL GRADEO•,Fl _ YNRCN IS LESS ]114 NATURAL GRADES / / / TNSlTEEPER NOT �ru •�FT / / T LESS TMN WT DEEP J , ,5 ILRAI GRADE OE NANDOT � EXCEED SDCY �/ / X50 CT J FU Nib6 TNN X50 Cr SFT DEEP AT Iib / DEEPEST P0*1T THAT DOES NOT 1 .t D`!FT AN EXCAVATION EXCEED lOC\' 0" CREATES / W.tURAL GRADE ACVTELOPE NATVFA GRADE / WTONEATER NNW EFT XI/ MSFT FU LESS TNR HEIOWNOT/ t SFE DEEP AT RS SFT STEEPER TNN DEEPEST POM 1 1 DcYT 71. AND DOES NOTEXCEED <5D CT THAT DOES NOT EXCEED]UCY I / SOCY / NATURAL GRADE / Figure 17.81-1 Permit Exception Details 3. An excavation below finish grade for basements and footings of a building, retaining wall, or other structure 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; 5. Mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate, or clay, where controlled by other regulations; provided, that -such operations do not affect the lateral support ofin, or increase the stresses in, or pressure upon, any adjacent or contiguous property; 6. With prior approval in writing by the City Engineer, grading in an isolated, self- contained area provided there is no danger to the public, and that such grading will not adversely affect adjoining propertie January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 11 7. Refuse disoosal sites controlled by other regulation • sel el waste previsieRs of this rAdA; 8. Excavations for wells, or trenches for utilities: 98. An excavation or fill in connection with the making of an earth fill dam, reservoir or levee when the quality of such work is regulated by other laws, statutes or ordinances; 108. An excavation, fill and/or measures approved by the Soil Conservation District or cooperative agency of the US Department of Agriculture; 1148. An excavation or fill for a road or slope purposes and shown on plans that are approved by the City Engineer as being necessary for the support, construction or maintenance of a public road; 1244. Exploratory excavations under the direction of a gGeotechnical Eengineers or Eengineering Ggeologists -This shall not exempt eXGlus Ye Gf gFadiRg grading of access roads or pads created for exploratory excavations. -Exploratory excavations must not create a hazardous condition to adjacent properties or the public in accordance with this code. -Exploratory excavations must be restored to existing conditions, unless otherwise approved by the City Engineer. • lesatien; and 131-2. 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 percent (10%) or greater unless the proposed grading complies with the provisions of Section 17.51.020 the-jHillside Development (Permits for less than one hundred (100) cubic yards are exempt from this requirement.) Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for anv work to be done in any manner in-vielaiienthat violates of -the Provisions of this Code or any other laws or ordinances efof the City. 17.821.020 Availability of Permit and Stormwater Pollution Prevention Plan at Site. No person shall perform any grading for which a permit is required under this chapter unless a copy of the grading permit and approved grading plan with a stormwater pollution prevention plan January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 12 • 0 • (SWPPP). as applicable, is in the possession of a responsible person and available at the site. 17.821.030 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 either of the following: (I' grading that F a itheut t a ,anT'�issspcixvrinco-ar-irsl;��vnx�-xxr-�xm�irm'xvRr-cricie�iiiica. peFmit(s) having first been obtained fiem the City rg ading that wasperformed, at any point in time, without the required permit(s) having first been obtained from the City Engineer, pursuant to this code: or (2)grading for which a permit was obtained pursuant to this code, but which was not completed, pursuant to Section 17.89 (Grading Designation and Location), prior to the expiration of the permit, pursuant to Section 17.80.020(C) (Grading Permit Administration). 17.821.060 Notification to Start Grading. Grading work cannot start until the City of Santa GlAnta-has been officially notified of the pregrading meeting at least seven-twoeigbA 7248) hours in advance. (C)Fd. 09 3; 2Jg199j January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 13 Chapter 17.822 EXISTING GRADING Sections: 17.822.010 Application to Existing Grading. 17.822.010 Application to Existing Grading. A. Hazardous Conditions. Whenever the City Engineer determines that any existing excavation, embankment or fill on private property has become a hazard to life and limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City • Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment, or fill so as to eliminate the hazard in conformance with the requirements of this Code.. B. Maintenance of Protective Devices and Rodent Control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices including dust prevention and control and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit. C. Correlation With Other Sections. The provisions of this section are independent of the provisions of the City Bbuilding CGode relating to building and property rehabilitation. This section may be invoked even though the same facts have been the reason for a determination that there is substandard property subject to the provisions of the City Bbuilding CGode. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 14 • is Chapter 17.823 PERMIT APPLICATION Sections: 17.823.010 Grading Application and Permit Requirements. 17.823.020 Permit Limitations and Conditions. 17.823.030 Denial of Permit. 17.823.010 Grading Application and Permit Requirements. A. Application. To obtain a grading permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall: 1. Describe the land on which the proposed work is to be performed by lot, block, tract and by a street address or by similar description sufficient to readily identify and definitely locate the site; 2. State the name and address of: the owner of said land; the person who is to perform the work; and, the field engineer if such work is to be performed as engineered grading; 3. Be accompanied by plans, specifications and calculations as may be required by subsection (B) of this section; 4. State the volume of the material to be handled; 5. Be signed by the applicant or his authorized agent, who may be required to submit evidence of such authority; and 6. Give such other information as reasonably may be required by the City Engineer. B. Grading Designation. Grading which is intended to support structures.: or GF 9 teeFdeyeleein excess of five thousand (5.000) cubic yards of material or grading wherethatthe City Engineer determines exhibits special conditions or unusual hazards exlet-shall be designated as "Engineered Grading" and shall conform with subsection (D) of this Section entitled "Engineered Grading Requirements." All eEngineered aGrading shall be performed in January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 15 accordance with an approved grading plan and specifications prepared by a eCivil eEngineer, unless otherwise required by the City Engineer. Grading other than "Engineered Grading" shall be designated "Regular Grading" and shall conform with subsection (C) of this Section, entitled "Regular Grading fReguirements." C. Regular Grading Requirements. An application for a (Regular aGrading permit shall be accompanied by two (2) sets of plans-ig with sufficient clarity to indicate the nature and the exiead-extent of the work. -The plans shall aiveinclude the location of the work, the name of the owner, and the name of the person who prepared the plan. -The plan shall also include the following information: 1. General vicinity of the proposed site-: 2. Limits and depth of cut and fill-: 3. Locations of any buildings or structures where work is to be performed, and the location of any buildings or structures within fifteen (15) feet of the or000sed grading:: 4. Contours. flow areas, elevations, or slopes, which define existing and proposed drainage patterns-: 5. Storm water provisions as required by this Code-: 6. Location of all existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas-.: and 7. Location of all Special Flood Hazard Areas as designated and adopted by Municipal Code Section 10.06 (Floodplain Management). D. Engineered Grading Requirements. An application for a permit for Eengineered Garading shall be accompanied by two (2) sets of plans and specifications, and supporting data consisting of a eGeotechnical fReport and eEngineering aGeologv (Report. Specfications shall contain information coverino the construction and material requirements Plans shall be drawn to scale upon paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that the Proposed work will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of the plan sheet -shall depict the location of the proposed work, the name and address of the owner, and the person whopa #w wefe-preyared bythe plans. The plans shall include, or be accompanied, by the following information: January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 16 1. General vicinity of the proposed site:. 2. Property limits and accurate contours of the existing ground and details of terrain and area drainage'.BeuRdaFy 1 nes ef the pFeperty an wh Gh the weFk is to be pe4qpmedi 3. Each lot or parcel of land into which the site is proposed to be divided 4. Limiting dimensions, elevations, or finish contours to be achieved by the grading proposed drainage channels and related construction. 54. All of the proposed uses of the site, and if the site is to be divided, the proposed use of each lot or parcel of land; • I 645. 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 or that may be affected by the proposed grading operations ; 7. Recommendations in the eGeotechnical rReport and the eEnaineerina eGeolo (Report shall be incorporated into the grading plans or specifications -When approved by the City Engineer, specific recommendations contained in the eGeotechnical rReport and the eEngineerinq aGeologv fReoort, that are applicable to the aradinq, may be included by reference 8. The dates of the eGeotechnical and eEngineerinq aGeologv rReports together with the names addresses and telephone numbers of the firms or individuals who prepared the re orts . . 97. Elevations, location, proposed pads, extent and slope of all proposed grading shown by contours, cross sections or other means and location of any rock disposal areas, buttress fills or other special features, if such are proposed to be included in the work_; 109. A statement of the quantities of material to be excavated and/or filled. Earthwork Quantities shall include quantities for geotechnical and geological remediation -In addition January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 17 a statement of theguantitiesaad the of material aPRG Rt of 6 Gh Mat ' to be imported4o, • or exported from; the site,; 119. A statement of the estimated starting and completion dates for work covered by the permit; 1240. A statement signed by the owner acknowledging that a Meld eEngineer, gGeotechnical eEngineer and eEngineering gGeologist, when appropriate, will be employed to perform the services required by this code, when the City Engineer requires that such a professional persons be so emdoved. empleyed. These acknowledgments shall be on a form furnished by the City Engineer; 1332. _Detailed plans of all drainage devices, walls, cribbing or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drains. Suitable access shall be provided to permit proper cleaning and maintenance_; 1413. _Plans, pad dimensions, maximum horizontal straight slope dimensions and slope • heights must comply with , Section 17.51.020 (Hillside Development)GhaptBF ! 7.80, where applicable. All necessary Csommission, Csouncil or staff reviews pursuant to this chapter must be obtained prior to issuance of permit; 1534. A drainage plan for thoseat portions of roe-a4etePpareel to be utilized as a building site (building pad) including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage,; 1615. Storm water provisions required by this Code;. t 17. Location and type of any Private disposal sewage disposal system, including the location of the expansion area:: 18. Location of existing and Proposed utilities, drainage facilities, and recorded public and private easements:: 19. Location of all Special Flood Hazard Areas as designated and adopted by Municipal Code Section cede sestiea 10.06 (Floodplain Mananoement):: January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 18 • 0 i • 20. The location of any oak trees or other protected trees or shrubs: 21. A landscape and irrigation plan subject to approval by the Landscape Maintenance District. and/or Planning Division shall be incorporated into the plan for all slopes requiring landscaping_: and 22. Any additional plans, drawings or calculations deemed necessary by the City Engineer to show conformance of the proposed work with the requirements of this code or related ordinances. E6. Fees. Grading permit and plan -checking fees shall be in accordance with the current fee schedule approved by the Council. RPSAII-ItiOR AQ I AQ mf the Gity. F8. Geotechnical and Engineering Geology Reports . The aGeotechnical {Report required by subsection (D) of this section shall include data regarding the nature, distribution, and strength of existing soils:: conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills when necessary-' and an opinion of the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geotechnical factors, including the stability of slopes. -All reports shall conform with the requirements of the City bBuildinq Ceode and shall be subject to review by the City Engineer. Supplemental reports and data may be required as the City Engineer may deem necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated into the feFgrading plan or specifications.The City Engi ,ee. Fepwt shall RG161de an adequate deGGF Pt OR 9f the ge9l99Y Of the site and GORGIUS49RS AAd The eEngineedng QGeologv {Report required by subsection (D) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development and an opinion on the adequacy for the intended use of the sites to be developed by the proposed grading as affected by geologic factors. -The eEngineering aGeologv fReport shall include a geologic map and cross sections and utilizinee the most recent grading plan as a base. All reports shall conform with the requirements of the City bBuildinq eCode and shall be subject to review by the City Engineer. January 2013 1 DRAFT Chapter 17.20-17.30 —Grading Page 19 Supplemental reports and data may be required as the City Engineer may deem necessary. • Recommendations included in the reports and approved by the City Engineer shall be incorporated into the feFgrading plan or specifications. Exception: A aGeotechnical or eEngineering oGeology fReport is not required where -if the City Engineer determines that the nature of the work applied for is such that a report is not necessary. G. Liquefaction Study. For sites with a mapped maximum considered earthquake spectral response accelerations at short periods (Ss) greater than 0.5g as determined by the City Building Code, a study for liquefaction potential of the site shall be provided, and the recommendations incorporated in the plans. -A liquefaction study will be required when the proposed work is a "Project" as defined in California Public Resources Code Section 2693, and is located in an area designated as a "Seismic Hazard Zone." as defined in Title 14 of the California Code of Regulations Section 3722 on Seismic Hazard Zone Maps issued by the State Geologist under Public Resources Code Section 2696. Exception: A liquefaction study is not required whefeif the City Engineer determines from established local data that the liquefaction potential at the grading location is low. - HG. Pre -Plan Check Site Inspection. When the City Engineer finds that a visual inspection of the site is necessary to establish drainage requirements for the protection of property, existing buildings or the proposed construction, a site inspection shall be made prior to plan check of grading plans. The fee for such inspection shall in accordance with the current fee schedule approved by the CounciLb^ as Fnest Feeently estabi shed ^ • n.a ^ e nn 17 a^a Reset ItiAR on 130 of the City. Ikl. Hydrology and Hydraulic Study. A hydrology and hydraulic study may be required. If required, the study shall conform to the design requirements of the Los Angeles County Flood Control District and shall show all charts, formulas and data used for the preparation of the study. The report shall be prepared under the supervision of a licensed civil engineer whose seal shall be stamped on the title sheet of the report. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 20 • 0 J. Additional plan check fees maysha4 be assessed '^• PF9jeGtS that eXGee' three (3) plan , as outlined in the current fee schedule approved by the Council. 17.823.020 Permit Limitations and Conditions. 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 sixeae (_61) monthsyear from the date of approval. B. Jurisdictions of Other Agencies. Permits issued under the provision of this CGode shall not • relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of the City and other government agencies. • C. Conditions of Approval. In granting any permit under this code, the City Engineer may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to: 1. Improvement of any existing grading to bring it up to the standards of this CGode; 2. Requirements for fencing of excavations or fills which would otherwise be hazardous. 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. E. Special Permits, Agricultural or Road Grading. Where the grading proposed is solely for the purpose of preparing land for agricultural purposes or for the construction of a roadway to be used as access for maintaining the use of the land at the time of the permit, the City Engineer may issue a special permit therefore, and modify the requirements of this chapter when they4e finds: 1. The site of the proposed work has an area of not less than ten (10) acres; January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 21 2. The work will be reasonably safe for the intended use and will not result in a hazard to • adjoining property or existing structures; and 3. Adequate provision will be made for drainage and erosion control. (9rd 08 13 § 2, 3126/03) 17.823.030 Denial of Permit. A. Hazards. The City Engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course, or be in an area determined to be subject to geological hazard under the provisions of the City Bbuilding Ceode. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Engineer may issue the permit with the condition that such work be performed. B. Land Use. The City Engineer shall not issue a grading permit for work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of this Codetit4e. (94 QQ 3, 2i810gj Chapter 17.824 SECURITY Sections: 17.824.010 Security. 17.824.010 Security. A— A. Scope and Purpose. The City Engineer may require the a-ePermittee or the-e0wner(s) of the property upon which the grading is proposed to occur to provide security- as a condition of the issuance of a grading permit for any grading involving more than one thousand (1,000) cubic yards. -Where unusual conditions or special hazards exist. the City Engineer may require security for grading involving less than one thousand (1,000) cubic yards. -The purpose of the security shall be to guarantee the permittee's obligation to mitigate anv hazardous conditions including flood and geotechnical hazards, that may be created if the grading is not completed in accordance with the approved plans and specifications, and to complete any work that the City Engineer determines necessary to bring the property into compliance with this Csode. Securitv reauired by this Section may include incidental off-site gradina on Drooertv contiauous with the site to be developed, orovided written consent of the owner of such contiguous property is filed with the City Engineer. • January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 22 • The City Engineer may waive the requirements for a security for any of the following: 1. Grading being done in or for a governmental agency: or 2. Grading necessary to remove a geological hazard, where such work is covered by an agreement and security posted pursuant to the provisions of this Code; or 3. Grading on a site, not exceeding a slope of three (3) horizontal to one (1) vertical, provided such grading as determined by the City Engineer will not affect drainage from or to adjacent properties: or 4. Filling of holes or depressions, provided such grading as determined by the Citv Engineer will not affect the drainage from or to adiacent properties. B. Form of Security&eGurity4Zequired. The security referred to in Section 17.84.010 (A) shall be in the following thOUSand (1,000) Gub G yaFdG UR1866 the O'IVReF shall AFst pest with the City F=RgiRew seGuFity one Of the f9I'GW R9 'AFM9' 1. A bond furnished by a corporate surety authorized to do business in this State; • 2. A sash berg; b n th s Badei i Rstit✓ t qnr OF 2. Other forms of security may be approved with prior written approval of the City Engineer: and M. The City Engineer may require that up to ten percent (10%) pecseRt-of any security be submitted in the form of a cash deposit. The cash deposit may be utilized by the City to ensure that adequate safeguards for the prevention of erosion, dust control and sedimentation are in place when needed. • gpadiRg RVEAV ng less than ene theusand (1,000) GUI) G yaFds. SeGUF ty Fequ Fed by this Beet an may inrludle RGi&Rtal Off site qFad ng on property contiguous i.v th the s te to he developed, January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 23 C. Amount of Security. The amount of security shall be based upon the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices, retaining walls or work necessary to eliminate geotechnicallegisal hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as follows: One hundred One dollar and fifty cents ($1.50) per cubic yard5004 thousand grad ng 1100,0001 cubic yards or less Over one hundred One dollar and fifty cents ($1.50) per cubic yard for the first one hundred thousand thousand (100,000) cubic yards plus seventy-five cents ($0.75) per cubic yard for that portion 1100,0001 cubic in excess of one hundred thousand (100,000) cubic Vards590; of the Go6t of the yards ° 490 088 subie, yards —When the rough grading has been completed in conformance with the requirements of this code, the City Engineer may at his discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the City Engineer. D. Conditions. All security shall include the conditions that the principal shall: 1. Comply with all provisions of this Ceode, applicable laws and ordinances; 2. Comply with all of the terms and conditions of the grading permit; and 3. Complete all of the work authorized by the permit. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 24 C�I r -I L • E. Term of Security. The term of each security shall begin upon the filing thereof with the City Engineer and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the City Engineer. F. Default Procedures. In the eventthaEany grading for which a permit has been issued is not completed in accordance with the approved plans and specifications for said work, or theewner eF his agent shall fail to earnplete the we* 9F fail te eemply with all terms and conditions of the grading permit, the City Engineer may declare t shall be deemed that a default has occurred. The City Engineer shall give notice thereof to the principal and security on the grading permit security, , and may order the work required to complete the grading in conformance with the requirements of this Geode be performed. The surety executing the security shall continue to be firmly bound under an obligation up to the full amount of the security, for the payment of all necessary costs and expenses that may be incurred by the City Engineer in causing any and all such required work to be done. In the Game of n ccch depesit ^• assigRFReRt, the unused paFtien .Aepesit a Rt and expenses that May be ea G. Right of Entry. The City Engineer or the authorized representative of the surety company or financial institution shall have access to the premises described in the permit for the purpose of • inspecting the work. In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the City Engineer or any person employed or engaged in the behalf of any of these parties, shall have the right to go upon the premises to perform the required work. The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises of any authorized representative of the surety or fmancial institution or of the Ceity engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor. Notwithstanding the foregoing, a default under this section shall be deemed a nuisance pursuant to Title 23 (Neighborhood Preservation) subject to abetment of Title 23 (Neighborhood Preservation) of the Municipal Code. The City reserves the right to recover costs for such abetment as set forth in Title 23 (Neighborhood Preservation). January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 25 0 Chapter 17.825 • PRECAUTIONS Sections: 17.825.010 Safety Precautions. 17.825.020 Removal of Brush and Vegetation. 17 26 039 eb..... ateF nn....agemeRt PI.... 47.25.Q59 StAFFRwatei: ieRt PlaR (PeRaltie T 17.285.010 Safety Precautions. If at any stage of the work the City Engineer determines by inspection that further grading as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The City Engineer may authorized the work to proceed if Lheykae finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference. If the grading work as done has created or resulted in a hazardous condition, the City Engineer shall give written notice requiring correction thereof as specified in this Ceode. . January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 26 • If the City Engineer finds any existing conditions not as stated in the grading permit or not as shown on the grading plan, he -they may order the work stopped until a revised grading plan has been submitted and approved which includes provisions for such existing conditions. 17.825.020 Removal of Brush and Vegetation. A. Removal or Destruction of Natural Vegetation Prohibited—Exception. No person shall remove or destroy or cause the removal or destruction of natural vegetation on sloping terrain within the City ofFaata-61ar+iawithout first obtaining written approval from the City Engineer. B. Exceptions to Chapter Applicability. The provisions of this chapter shall not apply to, and written approval from the City Engineer is not required for, the following: 1. The removal or destruction of vegetation within one hundred fifty (150) feet of a building or structure whose construction would require a permit under provisions of the building code; 2. The removal or destruction of vegetation by public utilities on rights-of-way or property owned by such utility, or on land providing access to such rights-of-way or property; 3. The removal or destruction of vegetation on publicly owned rights-of-way for roads, • highways, flood -control projects or other similar or related uses by authorized agents; 4. The removal or destruction by or for a public agency of vegetation from firebreaks used to control the spread of fire; J 5. The removal or reduction of vegetation by the Fire Ddepartment Of fGF864yeF and fire warden, or by a person acting in compliance with a specific order of that department; and 6. Work performed under a grading permit issued under the provisions of the building code when the work includes precautionary measures to control erosion and flood hazards during the executionpresesutlen of such work. C. Approval to Perform Work—Fee Schedule. At the time of submitting the written request for approval, the applicant shall pay to the City Engineer a fee based on the area of land to be cleared of vegetation as follows: Area Fee Not exceeding 10 acres $10.00 More than 10 but not more than 50 acres $25.00 More than 50 but not more than 100 acres $50.00 January 2013 1 DRAFT Chapter 17.20-17.30 – Grading Page 27 10 More than 100 acres $50.00 plus $2.50 for each 10 acres or fraction thereof over 100 acres D. Approval to Perform Work—Issuance Conditions. The City Engineer shall issue a written approval for all or a portion of the proposed work when they- arehe+s satisfied that the performance of such work will not result in a flood or erosion hazard to this or other properties, the required fee has been paid and the proposed work conforms with the requirements of other laws or ordinances. In granting any approval under this Cshapter, the City Engineer may attach such conditions reasonably necessary to prevent a flood or erosion hazard. These conditions may include but shall not be limited to: 1. A limitation on the time of year when the removal or destruction of vegetation is performed; 2. A requirement that certain protective structures or devices be installed in or adjacent to drainage courses to control downstream transportation of silt or debris; 3. The method to be used in the removal or destruction of vegetation and the sequence of such operation; and 4. A requirement that the area cleared be replanted with approved plants to provide protection against erosion damage. • E. Violation—Penalty. Any person violating any of the provisions of this Cehapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. F. Severability—Elimination of Exceptions. 1. If any portion of the ordinance codified in this Cehapter or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 2. Should any exception to the provisions of the ordinance codified in this chapter be held invalid, such exception shall be eliminated from the ordinance. year and ApFil 1 5th of the fOlIOWing calendar year, unless the plans foF such WOFk iRGIUde a January 2013 1 DRAFT • Chapter 17.20-17.30 – Grading Page 28 0 �J 0 January 2013 1 DRAFT Chapter 17.20-17.30—Grading Page 29 January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 30 0 0 r --I L -j 0 • • Chapter 17.826 IMPORT AND EXPORT Sections: 17.826.010 Import and Export of Earth Materials. 17.86.020 Excavations. 17.86.030 Fills. 17.2686.040 Ridoeline Preservation and Hillside Development. 17.86.050 Slope Setbacks. 17.86.060 Slopes Subject to Hillside Development. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 31 17 _826.010 Import and Export of Earth Materials. Grading shall be balanced on site whenever possible. Import and export of earth materials shall be subject to all of the following: A. The point or points of access to the public street or streets for export or import shall be shown on the grading plan and shall be located as approved by the City Engineer; B. The haul route for export or import shall be approved by the City Engineer prior to commencement of any export or import of material to or from the site: Cg. The last fifty (50) feet of the outhaul road immediately adjoining the street if downgrade to • the street has a grade no steeper than three percent (3%) PereeR ; DG. An unobstructed sight distance of not less than three hundred (300) feet in each direction up and down the public street.{8rd. 003,2J&00)and E. Security for import or export--,,�smav be required by the City Engineer. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 32 • K. P--hl*n Gnnypnience and Safety. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 34 0 Ll 17.8627.0240 Excavations. A. Maximum Cut -Slope. Cuts shall not be steeper in slope than two (2) horizontal to one (1) vertical. The City Engineer may allow a slope greater than two to one (2:1) for special circumstances or site conditions. In this case the owner must furnish a geotechnical engineering • or an engineering geology report, or both, conforming with the requirements of the City Bbuilding Csode, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the City Engineer determines that such information is necessary to verify the stability and safety of the proposed slope. • B. Slope Surface Protection. All slopes must be stabilized against surface erosion. Stabilization may be accomplished through the application of erosion control blankets, soil stabilizers or other means as approved by the City Engineer. C. Drainage. Drainage, including drainage terraces and overflow protection, shall be provided as required by Chapter 17.288 (Drainage and Terracing).8. 17.86.03027 020 Fills. A. General. Unless otherwise recommended in the geotechnical reportfills shall conform to provisions of this section. B. Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than two (2) units horizontal to one (1) unit vertical (50 percent (50%) slope). -The ground surface shall be prepared to receive fill by removing vegetation topsoil and other unsuitable materials January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 35 (including any existing fill that does not meet the requirements of this code), and scarifying the • ground to provide a bond with the fill material. Subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident except where the Geotechnical Engineer or Engineering Geologist recommends otherwise. Such sub -drainage systems shall be of a material and design approved by the eGeotechnical eEngineer and acceptable to the City Engineer. The Geotechnical Engineer shall provide continuous inspection dudnq the process of subdrain installation. The location of the subdrains shall be shown on a plan prepared 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 eEngineering eGeologv cReport. C. Benching. Where existing grade is at a slope steeper than five (5) units horizontal to one (1) unit vertical (20 percent (20%) slope) and the depth of the fill exceeds five (5) feet, benching shall be provided into sound bedrock or other competent material as determined by the Geotechnical Engineer. -The ground preparation shall be in accordance with Figure 17.86-1 (Benching Details) or as determined by the Geotechnical Engineer. -When fill is placed over a cut, a key shall be provided which is at least ten (10) feet in width and 2 feet in depth. -The area beyond the toe of the fill shall be sloped for sheet overflow or a paved drain shall be constructed at thereon. -The Geotechnical Engineer or Engineering Geologist, or both, shall inspect and approve the key as being suitable for the foundation and placement of fill material before any fill • material is placed on the excavation. FILL SLOPE -5 FT. (1.5 m) OR GREATER NATURALSLOPE i' REMOVE UNSUITABLE KEY 2 FT. (0.6m) MATERIAL r f 1 I� MINIMUM �� 55 \\-�10 FT. (3.0 m) MINIMUM January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 36 • • Figure 17.86-1 Benching Details D. Fill Material. Fill shall not include organic frozen or other deleterious materials. -Except as permitted by the City Engineer, no rock or similar irreducible materials with a maximum dimension greater than twelve (12) inches in any dimension shall be included in fills. _Exception: The City Engineer may permit the placement of larger rock when the Geotechnical Engineer properly devises and recommends a method of placement- and continuously inspects its placement and approves the fill stability. All of Tthe 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, as measured vertically 3. Rocks shall be placed so as to assure the filling of 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 • eEngineer's recommendations and the approved plans-' and 5. The locations of oversized rock dispersal areas shall be shown on the as -built plan. EA. Compaction. All fill shall be compacted to (tearte a minimum relative compaction of ninety percent (90%) of maximum dry -dry -density as determined by ASTM D1557 Modified Proctor, in lifts not exceeding twelve 02) inches in depth within forty (40) feet below finished grade and ninety-three percent (93%) of maximum dry-dfy density, deeper than forty (40) feet below finished grade, unless a lower relative compaction (not less than ninety (94percent (90%)of maximum dry density) is justified by the Ggeotechnical Eengineer and approved by the City Engineer. -Where ASTM D1557, Modified Proctor, is not applicable, a test acceptable to the City Engineer shall be used. Fills used to elevate structures in compliance with Chapter 10.06 (Floodplain Mangement) of the Municipal Code of thin -cede -shall be compacted to ninety-five percent (95%) of maximum dry density. The Felative GGFRP@Gt;E)R shall be dAkFM;RPd by ASTM Soil Compamign Test PI 557 WhBF8 app! Gable. WheF8 Rot apip! Gable, a tes! aGGeptable tG the City ERgineeF shall be used. —Field density shall be determined by a method acceptable to the City Engineer,; Hhowever, a •not less thane€ ten percent (10%) of the required density tests --shall be obtained by the January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 37 Sand Cone Method (ASTM D1556). The required ten 44percent 10% by the Sand Cone • Method shall be uniformly distributed throughout the depths and limits of the fill. Fill slopes steeper than, or equal to, two (2) units horizontal to one (1) unit vertical (50 percent (50%) slope) shall be constructed by the placement of soil a sufficient distance beyond the proposed finish 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 or 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. FG. Maximum Fill Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use.- The City Engineer may allow a slope of steeper than two (2) units horizontal to one (1) unit vertical (50 percent (50%) slope2 4) for special circumstances or site conditions. The steepness of fill slopes shall be determined by a s^' eRg neeF who shall g ,r,m t ^^° tpgt da Geotechnical Enoineerinq Report conforminq with the requirements of the City Buildinq Code and containing a statement by the Geotechnical Engineer that the site has been investigated, &PA -with • January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 38 • an opinion that a steeper fill slope will be stable and will not create a hazard to public or private property. -Substantiating calculations andata and supporting data may be required where the City Engineer determines that such information is necessary to verify the stability and safety of the proposed slope. -The City Engineer may require the fill slope to be constructed with a face Flatter than two (2) units horizontal to one (1) unit vertical (50 percent (50%) slope) if the City Engineer finds it necessary for stability and safety of the slope -te D. Fill III..MA 42.1. QFqan 6 FRatenal 'shall Rat b peFFAitted OR Ails 61RIBeesubstantiated by the (12) inGhes shall be bUFied 9F plaGed A fills. gteGkpiled sG 1, Gand aF gFavel shall be Gwpwad A approves the fill stability. The fOlIE)WiRg shall also apply� 1. 1209F to issuanGe of the ad eo peFFA peteRt al .-_L disposal area_ _hall. h _ • del'eeated GA the ad A alae 7 Desk SiZBS gFeate. Iha.. twelve (12)' 6hes inmaximum dimeRsion shallhe ter. (10) feet AF FRqFp below wade, FReaSUFed VGFtiGally. dr. Th.. le.�."..t. ens .e.: ".:.,....z.e,d .eeL .1'e ...e..l ..r......shall .h..e..e.1;.e. M:R .e..".the .e.s bU it PlaR. E. Drainage. DFa Rage, iRGlUdiRq dFa Rage teFFaGes and eveAaw PFGteGtiGFI, shall be PFO-ided as Feqw Fed by GhapteF 17.28. G€. Slopes to Receive Fill. Where fill is to be placed above the top of an existing slope steeper than three (3) units horizontal to one (1) unit vertical (33 percent (33%) slope), the toe of the fill shall be set back from the top edge of the existing slope a minimum distance of six (6) feet measured horizontally or such other distance as may be specifically recommended by a sGeotechnicaleii Eengineer or Eengineering Ggeologist and is approved by the City Engineer. Fills shall not tee e 1 .. sleees sleeper thaa Me (2) ha:..eatal ♦e e e (1) . e.1'sal • January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 39 HG. Inspection of Fill. For eEngineered %grading, the Geotechnicalseil Eengineer shall • provide sufficient inspections during the preparation of the natural ground and the placement and ef-compaction of the fill to he satisfied ensure that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the Geotechnicalseil Eengineer shall provide continuous insoectionsha4 be -present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of thirty (30) feet or result in a slope surface steeper than two (2) units horizontal to one 1 unit vertical (50 percent (50%) slope). Ikl. Testing of Fills. Sufficient tests of the fill soils shall be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the City Engineer. —The results of such testing shall be included in the report required by this chapter. (44d. 08 13 J. Drainage. Drainage, including drainage terraces and overflow protection, shall be orovided as required by Chapter 17.87 (Drainage and Terracing). 17.86.04027 030 Ridgeline Preservation and Hillside Development. • Grading where average slopes are greater than ten (10) percent and involving more than one hundred (100) cubic yards is subject toSection 17.51.020 44e -(Hillside DevelopmentjQfdRaRee. For specific requirements involving view corridors, scenic vistas, sigRiftan ridge -lines, grading on slopes exceeding fifty (50) percent, and maximum slope heights, refer to the Section 17.38.070 (Ridgeline Preservation Overlay Zone) and Section 17.51.020 (Hillside DevelopmentJGuidefiRes. 17.27.040 Slope Setbacks. A. General. Cut and fill slopes shall beset back from property linessite be', dafies in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the property line and shall be as shown in Figure 17.86-2 (Setback Dimensions unless substantiating data is submitted iustifving reduced setbacks and sesemr4eR40e-reduced setbacks are recommended min a eGeotechnical eEngineering and eEngineering eGeology rReport that has been approved by the City Engineer. January 2013 1 DRAFT • Chapter 17.20-17.30 —Grading Page 40 n �J PROPERTY LINE I TOP OF H/5 BUT FT 106 m) SLOPE MINIMUM AND NEED NOT EXCEED 10 FT (3.0 m) MAXIMUM PROPERTY LINE • CUTOR NATURAL H/2 BUT 2 FT. 1116 m) ! TOE OF ENGINEERED GRADE MINIMUMAND NEED FILL SLOPE sLOPE NOT EXCEED 20 FT I INTERCEPTOR DRAIN 16.0 m) MAXIMUM H (IF REQUIRED) NATURAL OR FINISHED GRADE 17.86-2 •Figure Setback Dimension . 'Gt6 W 11 be at the apex of the beffn at the top of the slope. PFepeFty "Res beMeeR adjaGent lots B. Top of Cut Slope. The setback at the top of a cut slopes shall not be less than that shown in Figure 17.86-2 (Setback Dimensions) or less than is required to accommodate any required interceptor drains, whichever is greater. -For graded slopes the Property line between adjacent lots shall be at the apex of the berm at the too of the slope. -Property lines between adjacent lots shall not be located on a graded slope steeper than five (5) units horizontal to one (1) unit vertical (20 percent (20%) slope). with a min mum of two (2) feet aRE1 a Fnammum of teR (10) feet. The setbaek FRay need le be C. Toe of Fill Slope. The setback from the toe of a fill slope shall not be less than that shown by Figure 17. 86-2 (Setback Dimensions). -Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection as approved by the Citv Engineer, shall be included. Such orotection may include but shall not be limited to made aeaFeF to the Bile boundary 1 Re thAR QRA half Rf the height Of !he 610pe VAth R FR RiFR -'FR Af bqV9 (2) feet. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 41 the adja nt nff s ten eFt is developed to Gh gF did speG al ffeGaUtIGFIS Shall 4.n 0 1. Setbacks greater than those required by Figure 17.86-2 (Setback Dimensions), 2. Provision for retaining walls or similar constructioner �ls 1 3. Erosion protection of the fill slopes: and/or. 4. Provisions for the control of surface waters. D. Alternate SetbacksMedifiGalion of Slope Leeation. The City Engineer may approve alternate setbacks if he or she determines that no hazard to life or property will be created or increased. -The City Engineer may require an investigation and recommendation by a qualified eEnaineer or eEnaineerina aGeoloaist to iustifv anv Dr000sed alternate setback.rThe�e'I—oma ��,Ak and r� U 17.27.95086.060 Slopes Subject to the Hillside Development-Gfd+ mnee. Grading where slopes are greater than ten percent (10%) percent -and involving more than one hundred (100) cubic yards is subject to Section 17.51.020 (toe -Hillside DevelopmentJ9rdiaaaee­ Skan'1'.80. For specific requirements for grading involving slopes greater than 2:1 adjacent to public rights-of-way and fill slopes exceeding one hundred (100) feet in horizontal length, refer to the Hillside Development Guidelines. (8cd. 00 3 MIN) January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 42 n u • Chapter 17.8728 DRAINAGE AND TERRACING Sections: 17.8728.010 Drainage and Terracing Provisions. 17.8728.020 Slope Planting and Erosion Control. 17.8728.010 Drainage and Terracing Provisions. A. General. Unless otherwise recommended by a Civil Engineer and approved by the City Engineer, drainage facilities and terracing shall be provided in accordance with the requirements of subsection B of this section for all cut and fill slopes three (3) units horizontal to one (1) unit vertical (33 percent (33%) slope) and steeper. For slopes flatter than three (3) units horizontal to one (1) unit vertical (33 percent (33%) slope) but steeper than five (5) units horizontal to one (1) unit vertical (20 percent (20%) slope) a paved swale or ditch shall be installed at thirty (30) foot vertical intervals to control surface drainage and debris. -Swales shall be sized based on contributory area and shall have adequate capacity to convey intercepted waters to the point of disposal as defined in subsection (D) of this section. Swales must be paved with reinforced concrete measuring not less than three (3) inches in thickness, reinforced with six -6 -inch (6) by 6six-inch (6). No. 10 by No. 10 welded wire fabric or equivalent as approved by the City Engineer. -Swales must have a minimum flow line depth of one (1) foot and a minimum paved width of eighteen 08) inches. -Swales shall have a minimum grade of not less than five 5 -percent (5%). -There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that slope debris will remain in suspension on the reduced grade. B. Drainage Terraces. Drainage terraces at least eight (8) feet in width (measured horizontally from the outside edge) shall be established at not more than twenty-five (25) foot vertical intervals on all cut or fill slopes more than thirty (30) feet in height to control surface drainage and debris. January 2013 J DRAFT Chapter 17.20-17.30 — Grading Page 43 When only one terrace is required, it shall be at mid -height. -For cut or fill slopes greater than • one hundred (100) feet and up to one hundred and twenty (120) feet in vertical height. one (1) terrace at approximately mid -height shall be twenty (20) feet in width. -Terrace widths and spacing for cut and fill slooes greater than one hundred and twenty (120) feet in height shall be designed by the Civil Engineer and approved by the City Engineer. -Suitable access shall be provided to permit proper cleaning and maintenance. Drainage swales on terraces shall have a longitudinal grade of not less than five (5) -percent (5%) and not more than twelve (-1)-percent(12%) -and a minimum depth of one (1) foot at a flow line. There shall be no reduction in grade along the direction of flow unless the velocity of flow is such that the slope debris will remain in suspension on the reduced grade. Drainage swales must be paved with concrete not less than three (3) inches thick reinforced with sixinch (6) tnsk;-byX six- inch. (6)4poh No. 10 Xbv No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab or an approved equal paving. Drainage terraces exceeding eight (8) feet in width need only be so Paved for a width of eight (8) feet provided such pavement provides a paved Swale of at least one (1) foot in depth. Downdrains or drainage outlets shall be provided at approximately three hundred (300) foot intervals along the drainage terrace or at equivalent locations. Downdrains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in subsection (D) of this section. Subgrade shall be approved in writing for line and grade by the Civil Engineer and approved in • writing by the Geotechnical Engineer stating that the subgrade is firm and un-vielding and vioid of expansive materials prior to concrete placement. C. Interceptor Drains and Overflow Protection. Berms, interceptor drains, swales, or other devices shall be Provided at the top of cut or fill slopes to prevent surface waters from overflowing onto the damaging face of the slope. Berms used for slope protection shall not be less than twelve (12) inches above the level of the pad and shall slope back at least four (4) feet from the top of the slope Interceptor drains shall be installed along the top of all graded slopes where the height of the cut is greater than five (5) feet in height, measured vertically, receiving drainage from a slope with a tributary width of greater than thirty (30) feet, measured horizontally. They shall have a minimum depth of one (1) foot and a minimum width of three (3) feet. The slope shall be approved by the City Engineer, but shall not aemeasure less than two Q4 -percent (2%). -Interceptor drains shall be paved with a minimum of three (3) inches of concrete or by -other materials as approved by the City Engineer and reinforced as required for drainage terraces. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to Pose a potential hazard to slope integrity. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 44 • n L_ D9. Disposal. All 9drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse or drainage way approved by the City Engineer or other appropriate governmental agency provided that the discharge of such waters at that location will not create or increase a hazard to life or property. ^ ^ ,ate e ^G ^ depes4 Ah ^'em -Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains and or other devices. —Desilting basins, filter barriers or other methods, as approved by the City Engineer, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipaterseF may be required. Q SiteDr . Graded building sites (building pads) shall have a minimum slope of two f24 percent (2%) -toward a public street or drainage structure approved to receive stormwaters unless otherwise directed by the City Engineer. A lesser slope may be approved by the City Engineer for sites graded in relatively flat terrain, or where special drainage provisions are made, when the City Engineer finds such modification will not result in hazard to life or propertvia The grading shall provide for drainage around proposed • buildings and their appurtenances. ep fill slepes sleeper than or equal te thFee (3) hGFiZORtal W 9R8 (1) VGFt Gal E)F aRy 610peS w th aF; have dFa Rage terraGes IpFevided at veFt Gal iRteR,als not eXGeeding twenty five (25) feet e)(Gept where only one (1) terrace is requiFeed. jR such Rage the tPFFRSP qhAll hP. InGated at. mid height. TeFFaGe dFains shall be requiFed fOF slopes less than th Fty (30) feet in height, at the disGpet An A haFizentally fpem the eutside edge). WheR the total slope height exGeeds eRe hURGFed (400) feet, en.. \ Ie FFaGe ReaF FRid height .. ht shall be .H less than t.WeRt , (OM feet i.. .'dth (FRe..e FPd N hef-. .tall. be«n the a is do edge). In 1 e of abeve, .e fe... f and Al slepes g ate. thAR .. hYRdFed tweRt�' (120) feet IR height, the app! GaRt may subm t a dFa Rage and teFFaGe des gR by a GIVII e ReeF to be approved by the r'f.. G..,.e finv, I ne. There shall be RO FedUGWR R gFade aoRg the direct On Of the, VeIGG ty G • January 2013 1 DRAFT Chapter 17.20-17.30 - Grading Page 45 EG. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability as required by the eGeotechnical eEngineering rReport. Any required subsurface drainage facilities will be passive in design and require no ongoing monitoring to • ensure site stability. El. Drainage Guidelines. All drainage devices which collect from the slopes shall be screened by means of underground pipes, diagonal curvilinear drains, rock -lining, colored concrete or other approved materials to blend with the natural topography in character, color or design. Downdrains shall be noncentralized to avoid a repetitive pattern. Where feasible, underground drains shall be utilized. On hillside projects, all drainage devices shall be consistent with the City's Hillside Development Guidelines unless special circumstances are established to the satisfaction of the City Engineer. G. Drainage Across Property Lines. Drainage across property lines shall not exceed that which existed prior to grading. -Excess or concentrated drainage shall be contained on-site or directed to an approved drainage facility. -Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 46 • • I _HJ. Cross Lot Drainage Device Maintenance. All cross lot drainage devices not eligible for transfer to Los Angeles County Flood District should be maintained by an entity such as a homeowners' association. (Ord. nn z 2/8/00 n.a 07 1 c o U23/07; Ord.08 13 s o W261W C� C1 J 17.8728.020 Slope Planting and Erosion Control. A. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shallmust consist of jute netting, and -effective planting, erosion control blankets, soil stabilizers. as de6GFibed elsewheFe in this seGliep, or GtheF devises sat sfaGtept4eother means. as approved by- the City Engineer. -Erosion control for slopes shall be installed as soon as practicable and prior to calling for final inspection. Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion -resistant character of the materials as approved by the Proiect Consultants, to the satisfaction of the City Engineer. B. Other Devices. Where necessary, check dams, cribbing, riprap, or other devices or methods shall be emploved to control any erosion. Also, jute netting shall be immediately installed on any slopes having a vertical height of seven (7) feet or more and steeper than three to one (3:1) horizontal -to -vertical ratio (34-)-(H:V) to minimize or control erosion problems. C_—Erosion Control (Slopes Subject to Section 17.51.020the Hillside Deyei...,.. eAt Ardinanse). Erosion control for grading where average slopes are greater than ten percent (10%) pereeRand involving more than one hundred (100) cubic yards is subject to Section 17.51.020 (the -Hillside Developments ^l�.a,.,'^^^ec. For specific recommendations for phasing the project to promote prompt revegetation, leaving undeveloped pads longer than thirty (30) to ninety (90) days and clearing of brush or vegetation, refer to the Hillside Development Guidelines. D@. Planting (Areas Not Subject to -Section 17.51.020•he Hillside DevelopMent 9rdinanse). The surface of all cut slopes more than five (5) feet in height and fill slopes more than three4ve L35) feet in height shall be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding five (5) feet in vertical height shall also be planted with one gallon minimum sized shrubs, spaces at not to exceed ten (10) feet on centers; and fifteen (15) gallon minimum sized trees, spaced not to exceed twenty (20) feet on centers; or a combination of shrubs and trees at equivalent spacings, in addition to the grass or groundcover plants to the satisfaction of the Director of GemmuR ty Development. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the siteaPA4R –Plant material shall be selected which will produce a coverage of permanent planting to effectively control erosion.- Consideration shall be given to deep–rooted plant material needing January 2013 1 DRAFT Chapter 17.20-17.30 –Grading Page 47 limited watering, maintenance, high root to shoot ratio wind susceptibility, and fire -retardant • characteristics. -All plant materials must be approved by the Director. -Planting may be modified for the site if specific recommendations are provided by both the Geotechnical Engineer and a Landscape Architect. -Specific recommendations must consider soils and climatic conditions, irrigation requirements, planting methods, fire–retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. Recommendations must include a finding that the alternative planting will provide a permanent and effective method of erosion control. -Modifications to planting must be approved by the Director prior to installation. E. Irrigation. Slopes required to be planted by subsection (D) of this section shall be provided with an approved system of irrigation that is designed to cover all portions of the slope. -Irrigation system plans shall be submitted to and approved by the Director prior to installation. A functional test of the system may be required. For slopes less than twenty (20) feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than fifty (50) feet is necessary for irrigation. —Irrigation requirements may be modified for the site if specific recommendations are provided by both the Geotechnical Engineer and a Landscape Architect. Specific recommendations must consider soils and climatic conditions, irrigation requirements, planting types, planting methods, fire–retardant characteristics, water efficiency, maintenance needs, and other regulatory requirements. -Recommendations must include a finding that the alternative irrigation method will sustain the proposed planting and provide a permanent and effective method of erosion control. Modifications for irrigation systems must be approved by the Director prior to installation. F. Planting and Irrigation (Areas Subject to -Section 17.51.020ihe Hillside Development 9rdinanse). Requirements for planting and irrigation in areas subject to theSection 17.51.020 Hillside Development) Ardiaanceare governed by that ordinance. Recommendation for these areas are also included in the Hillside Development Guidelines. Plant material shall be selected which will produce a coverage of permanent planting effectively controlling erosion. Consideration shall be given to deep-rooted plant material needing limited watering, to low maintenance during the lifetime of the project, to high root to shoot ratio January 2013 1 DRAFT Chapter 17.20-17.30 – Grading Page 48 • • • (weight of above -ground parts versus root system), wind susceptibility and fire -retardant characteristics. • GB. Plans and Specifications. Planting and irrigation plans shall be submitted for slopes required to be planted and irrigated by subsections (DR) and (ES) of this section. Except as waived by the City Engineer for minor grading, the plans for slopes twenty (20) feet or more in vertical height shall be prepared and signed by a civil engineer or landscape architect. These plans must be approved by the City prior to issuance of the grading permit unless other provisions are made to the satisfaction of the City Engineer. The responsibility of maintenance of drainage terrace shall be clearly stated on the grading plan to the satisfaction of the City Engineer. HE. Rodent Control. Fill slopes steep^'t`'^^ two (2) h^"^ ^l and E)Re veF4iGal `•'th ^ ^ shall be protected from potential slope damage by a preventative program of rodent control. 1€. Release of Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading security, the planting shall be well established and growing on the slopes and, • `•^-^ required by ``s^^ a- "' -1 tk ` -eGt 9R, there shall be evidence of an effective rodent control program. M. Graded and/or landscaped areas within a landscape maintenance district are to be maintained in accordance with the original landscape plans and design concept per the originally January 2013 1 DRAFT Chapter 17.20-17.30 —Grading Page 49 approved subdivision or development plans. Any alteration of landscape plans or of areas within • a landscape maintenance district must be approved by the Director of Administrative Parks; Services per the regular provisions of the grading code. Homeowner encroachments such as fences, block walls, structures, unauthorized plantings, alterations to the irrigation, grading or drainage are not allowed. Any approved alterations must be done by City - authorized crews through an approved City permit. Failure to comply with this section shall constitute a use of land contrary to the provisions of this title and shall be deemed a public nuisance under Title 23 of the Municipal Code. . January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 50 C� J • 0 Chapter 17.8829 GRADING DESIGNATION AND LOCATION Sections: 17.8828.010 GFadiRgPe60Aat19R Inspection. 17.88.02029:030 Appropriate Certifications. 17.8828.010 GFadinq Designation and Inspection. A. General.-Gradinq Ooerations for which a permit is required shall be subiect to inspection b the City Engineer. -In addition, professional inspection of grading operations shall be performed by the Field Engineer, Geotechnical Engineer, and the Engineering Geologist retained to provide such services in accordance with this section for @Engineered sGradina and as required by the City Engineer for ;Regular aGradin B. Special and Supplemental Inspections. -In addition to the called inspections in subsection G of this section-, the City Engineer may make such other insoections, as may be deemed necessary, to determine that the work is being performed in conformance with the requirements of this code. -The City Engineer may require investigations and reports by an approved soil testing agency. Geotechnical Engineer and/or Engineering Geologist, and Field Engineer. Inspection reports shall be provided when requested in writing by the City Engineer. The City Engineer may require continuous inspection of drainage devices by the Field Engineer in accordance with this section when the City Engineer determines that the drainage devices are necessary for the Protection of the structures in accordance with the City b8uilding;Code. C. Field Engineer. The Field Engineer shall provide professional inspection of those parts of the grading project within such eEngineer's area of technical specialty, oversee and coordinate all field surveys, set grade stakes, and provide site inspections during grading operations to ensure the site is graded in accordance with the approved grading plan and the appropriate requirements of this code. -During site grading, and at the comoletion of both rough and final grading, the Field Engineer shall submit statements and reports as required by subsections K and L of this section. If revised grading plans are required during the course of the work, they shall be prepared by a Civil Engineer and approved by the City Engineer. D. Geotechnical Engineer. The Geotechnical EngineerE-a�shall provide professional inspection of those Parts of the grading proiect within such eEngineer's area of technical specialty, which shall include observation during grading and testing for required compaction. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 51 The Geotechnical Engineer shall Provide sufficient observation during the preparation of the 0 natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this code. -If conditions differing from the approved eGeotechnical eEngineering and eEngineering aGeology rReports are encountered during grading, the Geotechnical Engineer shall provide revised recommendations to the permittee. the -City Engineer, and the Field Engineer. E. Engineering Geologist. The Engineering Geologist shall provide professional inspection of those parts of the grading proiect within such eEngineer's area of technical specialty, which shall include professional inspection of the bedrock excavation, to determine if conditions encountered are in conformance with the approved report. -If conditions differing from the approved eEngineering eGeology (Report are encountered. the Engineering Geologist shall provide revised recommendations to the aGeotechnical eEngineer. F. Permittee. —The Permittee shall be responsible for ensuring that the grading is performed in accordance with the approved plans and specifications and in conformance with the Provisions of this code. -The ePermittee shall engage proiect consultants, if required under the provisions of this code, to provide Professional inspections on a timely basis. -The ePermittee shall act as a coordinator between the eProiect GConsultants, the GContractor, and the City Engineer. -In the event of changed conditions, the ePermittee shall be responsible for informing the City Engineer of such change and shall provide revised plans for approval. GG. Required Inspection . The ePermittee shall call for an inspection by the City Engineer at the following various stages of work and shall obtain written approval from the City Engineer Prior to Proceeding to the next stage of the work:Tpe Gity January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 52 C� 0 • • 1. Pre -Grade. Before any construction or grading activities occur at the site, the ePermittee shall schedule a ore -grade inspection with the City Engineer. -The ePermittee shall ensure that all the eProject Ceonsultants are present at the ore -grade inspection-.; 24. Initial. The Permittee shall schedule the initial inspection Wwhen the site has been cleared of vegetation and unapproved fill and it has been scarified, benched, or otherwise prepared for fill. No fill shall have been placed prior to this inspection., 32. Rough. The Permittee shall schedule rough grade inspection Wwhen approximate final elevations have been established; drainage terraces, swales and other drainage devices necessary for the protection of the building sites from flooding have been installed berms have been installed at the top of the slopes; and the statements required by subsection L of this section have been received -and 43. Final. The Permittee shall schedule the final grading inspection VJwhen grading has been completed, all drainage devices necessary to drain the building pad have been installed, slope planting has been established, irrigation systems have been installed, and the as-builtgraded plans and required statements and reports have been submitted. H. Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the Field Engineer, Geotechnical Engineer, or the Engineering Geologist determines that the work is not being done in conformance with this chapter or with the approved grading plans, or in accordance with good accepted practices the Field Engineer, Geotechnical Engineer, or the Engineering Geologist shall immediately notifiedv in writing, the discrepancies and the recommended corrective measures to the ePermittee and the City Engineer. I. Transfer of Responsibility. If the Field Engineer, the Geotechnical Engineer, or the Engineering Geologist of Rcecord is changed at any time after the required grading plans reeuiced have been approved by the City Engineer, the Peermittee shall immediately provide written notice of such change to the City Engineer. -The City Engineer may stop the grading from commencing or continuing until the Peermittee has identified a replacement Proiect Consultant and the replacement Proiect Consultant has agreed in writing to assume responsiblilty for those parts of the grading project that are within the replacement Proiect Consultant's area of technical competence. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 53 ..:......:. J€. Non -inspected Grading. No person shall own, use, occuov, or maintain any non inspected graded property. For the purposes of this code, =non inspected 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. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 54 • 0 I� • K. Routine Field Inspections and Reports. -Unless otherwise directed by the City Engineer, the Field Engineer: fQF all eno6neeFed aFad6RGI MiBMS shall prepare routine inspection reports and shall file these reports with the City Engineer for all Engineered Grading Proiects as follows: 1. Bi -weekly during all times when grading of 400 cubic yards or more per week is occurring on the site: 2. Monthly, at all other times: and 3. At any time when requested in whiting by the City Engineer. Such reports shall certify to the City Engineer that the Field Engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans and specifications. the City bBuilding eCode, all grading permit conditions and all other applicable ordinances and requirements. L. Completion of Work. Upon completion of the rough grading work and at the final completion of the work, the following reports, drawings, and supplements thereto are required for engineered grading or when professional inspection is otherwise required by the City Engineer: 1. -An "As -Built" grading plan shall be prepared by the Field Engineer, who is retained to provide such services, that shows all plan revisions as approved by the City Engineer. -This as -built grading plan shall include original ground surface elevations as -built ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and the outlets of subsurface drains. -As--built locations elevations and details of subsurface drains shall be shown as reported by the Geotechnical Engineer. The As -built grading olan shall be accompanied by a certification by the Field Engineer that to the best of his or her knowledge, the work within the Field Engineer's area of responsibility was done in accordance with the final approved grading plan-: 2. A report shall be prepared by the Geotechnical Engineer retained to provide such services, including locations and elevations of field density tests summary of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved eGeotechnical ilnvestigation fReport-The report shall include a certification by the Geotechnical Engineer that, to the best of his or her knowledge, the work within the Geotechnical Engineer's area of responsibility is in accordance with the approved Gaeotechnical eEngineering fReport and applicable provisions of this code The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage: 3. A report shall be prepared by the Engineering Geologist retained to provide such services, including a final description of the geology of the site and any new information disclosed January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 55 during the grading and the effect of such new information, if anv, on the recommendations • incorporated in the approved grading plan. -The report shall include a certification by the Engineering Geologist that, to the best of his or her knowledge the work within the Engineering Geologist's area of responsibility is in accordance with the approved eEngineering aGeologv rReport and applicable provisions of this code. -The report shall contain a finding regarding the safety of the completed grading and any proposed structures against hazard from landslide, settlement, or slippage. -The report shall contain a final as --built geologic map and cross- -sections depicting all the information collected prior to and dudnq grading : 4. When olanting and irrigation is required by Section 17.87.020 (Slope Planting and Erosion Control)., at completion of #Final aGrading,and prior to final approval of the grading by the City Engineer, the tLandscaoe aArchitect or the4Field eEnaineer shall submit a statement that the slope planting has been established and the irrigation system has been installed in conformance with the approved plans-: and 5. The eGrading eContractor shall certify in writing that the grading conforms to said as- -built plan and the approved specifications. M. Notification of Completion. The ePermittee shall notify the City Engineer when the grading operation is ready for final inspection. -Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices- and all erosion—control • measures, have been completed in accordance with the final approved grading plan, and that all required reports have been submitted and approved. N. Change of Ownership. Unless otherwise required by the City Engineer, when a grading permit has been issued on a site and the eOwner sells the property prior to final grading approval, the new owner shall be required to obtain a new grading permit. January 2013 1 DRAFT Chapter 17.20-17.30—Grading Page 56 • • I —09. Violation. It is a violation of this code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found by the City Engineer to have been in substantial noncompliance with the approved design or code requirement at the time of verification. 17 09 non o..poFts and Statements, Engineered Grading. A. r al The • e•.,. nna State.,..nn.S Set forth n ths eetieR ., a these Fequ ea a Gf suGh FepeA or statement is found to be uRReGessaFy f@F the appFeval of the graded site. Noth R9 of this Ode {n•...` may be d nl'nnlAd nn.1 the IPAtP h`ad Of the • n..nd 418 n•Snn FR@y be utilized C n . nd • e•ts have he.... a L....ittRGI %AAAFe •efe•enne' Made tO R tial nh OF final n ...fn it shall mean then stage of ntr nt o et forth in motion 1� o� n()nspen n4rInspection E ,.nn n n n o .. a . d F I B. Field EngineeF. At the GOmpletiGR Of FeUgh gFad Rg and final gFad ng, the field eng AeeF shall bu II plan) shall be submitted unless the 'A'OFk has been Gernpleted R dese aqFeeMent with the appFeved plan. G. Semi €ng'neeF. At the sempletiea o'feugh, gFad a9 - the GGileag Reef shall submit -a appFGPF ate PFOY SiORS Af the qPAt An PRt tied "F Is." The soil eng ReeF shall SUIDFAit a repGFt Wh Gh the GE)FRpaGted fill shall 14p, qhAV.'R QR A. final plan which Shall a'69 Sh9W by plaR and -FAAq qAAt AR the 19Gat OR of any FeGk disposal areas and,* IDURFess Ails, if --'-'Ph ;A�AFP iRYAIVPd R the grading. D. Geologist. When a site inspeGtiGR by the geeleg st was required under Sect OR IL.22,.912, a FepeFt based eR an "as bu it" geOlOgiG Fnap shall be submitted by the geeleg St. The FepOFt Shall • January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 57 17.29.03088.020 Appropriate Certifications. Any project subject to theSection 17.51.020 (-Hillside DevelopmentJ9rd nanse and involving less than five thousand (5,000) cubic yards of earth may also require the reports, statements, or certifications set forth by this Ceode. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 58 • • • Chapter 17.8939 DUST PREVENTION AND CONTROL Sections: 17.8930.010 Dust Prevention and Control Provisions. 17.8930.020 Dust Prevention and Control Plan. 17.8930.030 Inadequate Dust Prevention and Control Measures. 17.8930.040 Compliance with NPDES Stormwater Regulations. 17.8930.010 Dust Prevention and Control Provisions. To protect the health, safety and general welfare, all construction sites must make all reasonable efforts to prevent or control blowing dust and debris. Property owners shall be responsible for maintaining their property in such a manner that dust and other wind-borne debris transported to adjacent properties are kept to reasonable minimal levels. In the case of site grading and other construction operations, it will also be the responsibility of the permittee to make all reasonable efforts to control blowing dust and debris onto adjacent properties. When grading operations involve the hauling of dirt from one site to another, it is also the permittee's responsibility to maintain the public streets in a clean condition and limit any spillage which would generate dust or other blowing debris. • I 17.8930.020 Dust Prevention and Control Plan. A. Required. A dust prevention and control plan shall be submitted in conjunction with a grading plan or other plan involving the movement of dirt. The City Engineer may also require the submittal of a dust prevention and control plan for other development deemed necessary. • B. Plan. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours and during various phases of construction. The plan shall include the name and the twenty-four (24) hour phone number of a responsible party in case of emergency. If the importing or exporting of dirt is necessary as demonstrated by the cut and fill quantities on the grading plan, the plan shall also include the procedures necessary to keep the public streets and private properties along the haul route free of dirt, dust and other debris. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with dust preventive substance or plant materials and an irrigation system. All phased projects shall submit a plan demonstrating that dust will not be generated from future phase areas. C. Plan Review. The City Engineer shall be responsible for the review and approval of the dust prevention and control plan. This plan shall be incorporated into the grading plan and constructive notice shall be placed on the grading plan to notify the owner and contractors of the need to comply with the dust prevention and control plan. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 59 D. Dust Control Compliance Statement. A dust control compliance statement form must be • completed and signed by the property owner. (9rd. 89 3, 2/8109) 17.8930.030 Inadequate Dust Prevention and Control Measures. A. Site Investigation. If an investigation of the project site indicates that dust prevention and control measures are inadequate, the City Engineer or his authorized representative may limit or halt all activities on the site until adequate dust prevention and control measures are achieved. The City Engineer may charge the property owner and/or contractor for reasonable costs related to providing the necessary site inspections to determine the adequacy of the dust control plan. B. Notice of Inadequate Prevention and Control Measures. If it is determined that a property is in violation of Section 17.89.010 (Dust Prevention and Control Provisionsthe property owner and/or contractor will have twenty-four (24) hours to bring the site into compliance. If after twotwveRty-deer (24) hours, the site is not brought into compliance or an extension of time has not been granted by the City Engineer, the Building Official may, at any time thereafter, determine the site to be substandard property and give written notice of said violation. As substandard property, the site will be subject to all the the latest edits n of Title 26 or the Les A....ele6 County Building Code and Municipal Code as adopted by the City. Thereupon, the City Engineer may enter the property for the purposes of installing, by City forces or by other means, adequate dust prevention and control measures (the cost of which shall be borne by the property owner), or the City Engineer may cause the owner of • the site to be prosecuted as a violator of this code, or the City Engineer may take both actions. C. Responsibility for Adequate Dust Prevention and Control. The approval of a dust prevention and control plan does not relieve the owner or contractors of the responsibility to implement whatever additional measures may be required to properly prevent and control dust as outlined in Section 17.89.010 (Dust Prevention and Control Provisions herein. 17.3089.040 Compliance with NPDES Stormwater Regulations. The dust prevention and control plan and any additional measures that may be necessary for the adequate prevention and control of dust shall not be in violation of the NPDES stormwater regulations as adopted by the City. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 60 • 0 • r1 Chapter 17.40 National Polluntant Elimination System (NPDES) Compliance Sections: 17.9549.010 General. 17.9540.020 Storm Water Pollution Prevention Plan (SWPPP). 17.9540.030 Wet Weather Erosion Control Plans (WWECP). 17.9549.040 Storm Water Pollution Prevention Plan, Effect of Non-compliance. 17.9504.050 Non-compliance Penalties. 17.40.010 General. All grading plans and permits and the owner of any property on which such grading is performed shall comply with the provisions of this section for NPDES compliance. All best management practices shall be installed before grading begins or as instructed in writing by the City Engineer for unpermitted grading as defined by Section 17.81.030 (Unpermitted Grading)- -As grading progresses, all best management practices shall be updated as necessary to prevent erosion and to control construction related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the City Engineer and all permanent drainage and erosion control systems, if required, are in place. -Failure to comply with this section is subiect to "Noncompliance Penalties' pursuant to January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 61 Section 17.95.050 (Non -Compliance Penalties).. -Payment of a penalty shall not relieve any • persons from fully complying with the requirements of this Gcode in the execution of the work. 17.9540.020 Storm Water Pollution Prevention Plan (SWPPP). The City Engineer may require a SWPPP. -The SWPPP shall contain details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction—related pollutants which originate from the site as a result of construction --related activities. -When the City Engineer requires a SWPPP, no grading permit shall be issued until the SWPPP has been submitted to, and approved by the City Engineer. For unpermited grading, as defined by Section 17.81.030 (Unpermitted Grading�,, upon written request a SWPPP in compliance with the provisions of this Ssection and Section 10.04.070 tQonstruction Activities Stormwater Measures) for NPDES compliance shall be submitted to the City Engineer. -Failure to comply with this Ssection is subject to "Non-compliance Penalties' pursuant to Section 17.95.050 (Non -Compliance Penalties)-. -Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Gcode in the execution of the work. 17.9540.030 Wet Weather Erosion Control Plans (WWECP). WhereWhen a grading permit is issued and the City Engineer determines that the grading will not . be completed prior to November 1, the owner of the site upon which the grading is being performed shall, -on or before October 1.; file or cause to be filed a WWECP with the City Engineer a `^"� .. 4E -CP. -The WWECP shall include specific best management practices to minimize the transport of sediment and protect public or private property from the effects of erosion, flooding, or the deposition of mud, debris, or construction—related pollutants. -The best management practices shown on the WWECP shall be installed on, or before. October 15. -The plans shall be revised annually or as required by the City Engineer to reflect the current site conditions. The WWECP shall be accompanied by an application for plan check services and plan- checklne fees in an amount to be determined by the City Engineer, up to, but not exceeeding ten percent (10%) oefGeP' of the original grading plan check fee. -The fee shall be in accordance with the City's current fee schedule established by the City Council. Failure to comply with this Ssection is subject to "Non-compliance Penalties" pursuant to Section 17.95.050 (Non -Compliance Penalties).. -Payment of a penalty shall not relieve any Persons from fully comolving with the requirements of this Gcode in the execution of the work. 17.40.040 Storm Water Pollution Prevention Plan. Effect of Non-compliance. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 62 C� J n 9 0 Should the owner fail to submit the SWPPP or WWECP. or fails to install the best management Practices, it shall be deemed that a default has occurred under the conditions of the grading Permit securityAaend. The City Engineer may thereafter enter the property for the purpose of installing by City forces or by other means, the drainage, erosion control, and other devices shown on the approved plans ori Of there are no approved plans, the same may be pstal d - as the City Engineer may wey-deems necessary to protect adioining property from the effects of erosion, flooding, or the deposition of mud, debris, or construction–related pollutants. The City Engineer may cause the owner of the site to be prosecuted as a violator of this code, or he or she may take both actions. The City Engineer shall have the authority to collect the Penalties imposed on the Permitee according toby Section 17.95.050 (Non -Compliance Penalties). upon determining that the requirements of this section have not been same{ ed w4hcomplied withfuPled. Payment of a penalty shall not relieve any persons from fully complying with the requirements of this Gcode in the execution of the work. 17.9540.050 Non-compliance Penalties. 1. If a SWPPP or WWECP is not submitted as prescribed in Sections 17. 95.020 (Stone Water Pollution Prevention Plan (SWPPP) and 17.95.030: (Wet Weather Erosion Control Plans (WWECP), the following penalties will apply: Gradina Permit Volume Penalty One (1) — ten thousand (10.000) cubic yards Fifty dollars ($5040) ger day Ten thousand and one (10,001)— one hundred thousand (100.000) cubic yards Two hundred and fifty dollars ($250401 ger day More than one hundred thousand (100.000) cubic yards Five hundred ($50040) per day Ten thousand and one (10.001) — one hundred thousand (100,000) cubic yards 2. If the best management practices for sStorm wWater ePollution ePrevention and wWet wWeather eErosion eControl, as approved by the City Engineer, are not installed as prescribed in Section 17.95 (General) the following penalties will aooly: Gradina Permit Volume Penal One (1) — ten thousand (10.000) cubic yards One hundred dollars ($100:90) per day Ten thousand and one (10.001) — one hundred thousand (100,000) cubic yards Two hundred and fifty ($25040) per day More than one hundred thousand (100.000) cubic yards Five hundred ($500:90) per day A. Costs and Penalties. The penalties imposed by this section, if not paid within thirty (30) days from the date of the notice, shall become a special assessment against the property. January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 63 B. Notice of Violation. 1. General. The City Engineer may record a allotice of vViolation with the Los Angeles County Recorder's Office when a property is in violation of Section 17.95.010 (General). . Recordation of such notice shall be subiect to the provisions of subsections (B)(2) and (31 of this section. The remedy provided by this section is cumulative to any other enforcement action permitted by this CGode. 2. Recordation. If (1) the City Engineer determines that any property is in violation of this section; and if (2) the City Engineer gives written notice as specified below of said violation; and if (3) within 30 days of said notice, the property is not brought into compliance with this code. the City Engineer may, at their4a4ris-sole discretion, at any time thereafter, record with the County Recorder's Office a notice that the property is in violation of this csode. 3. Contents of Notice. The written notice given pursuant to this "section shall indicate: a. The nature of the violation(s):aad b. That -Acknowledgement that if the violation is not remedied to the satisfaction of the City Engineer within thirty (30) days, the City Engineer may, at any time 0 thereafter, record with the County Recorder's Office a notice that the orooerty is in violation of this code. The notice shall be posted on the property and shall be mailed is to the eOwner of the orooertv as indicated on the last equalized Los Angeles County assessment roll. The mailed notice may be registered, certified, or first class mail. The thirty (30) day period for achieving compliance with this code shall run from the date the property is posted or from the date of the mailing of the notice, whichever is later. d. Rescission. Any person who desires to have recorded a notice rescinding the allotice of vViolation may present evidence of compliance and payment of penalty fees and costs to the City Engineer. The costs incurred by the City Engineer in the investigation of such violations and the processing of the notice and notification of concemed parties shall be determined by the City Engineer. If the City Engineer determines that such fees have been paid and such costs have been recovered by the eCity, or that such fees and costs have been placed on the tax rolls as a special assessment, pursuant to Section 25845 of the Government Code. the City Engineer shall record a notice rescinding the prior allotice of vviolation. {Ard 09 3 218!9&) January 2013 1 DRAFT Chapter 17.20-17.30 — Grading Page 64 11 17.51.020 HILLSIDE DEVELOPMENT. ORDINANCE SeetieesSI SECTIONS: 4U0,0i0A. Purpose. 4;.80.020 Apptleabillty !;.80.030 Hillside Development Re. iewTe. mit Requirements. B. Maximum Density i;,r80.036C. Development Standards for Hillside Development Review. x.80,040- 17,80,04bm. "tet D. Plan Certification. 1UNW10A. Purpose. The provisions of the City's Hillside Development n_,,:.., neethis section are intended to implement and define the goals and policies of the General Plan in relation to land use, densities, open space and community image. It is the intent of this ehegtef-section to regulate the development and alteration of hillside areas, to minimize the adverse effects of hillside development and to provide for the safety and welfare of the citizens of the City of Santa Clarita while allowing for the reasonable development of hillside areas through the following methods: Al. Provide hillside development standards to maximize the positive impacts of site design, grading, landscape architecture and building architecture, and provide development consistent with the goals • and policies of the City of Santa til- -'e General Plan. 42. Maintain the essential natural characteristics of the area such as major landforms, vegetation and wildlife communities, hydrologic features, scenic qualities and open space that contribute to a sense of place. Q. Retain the integrity of predominant off-site and on-site views in hillside areas in order to maintain the � �i�dentity, image and environmental quality of the City. (n_d 05 1 c o 1125/05; n_a nc 112 c o 12,113,1105) 80.020 ApptleabiW. • The ., of the Hillside Development Qfd:..e..ee shall be applied to eel.. of land he.:.._ a.ry l.rv..�.....,rvrnn aatuom aveFage slopes ef ten (10) pereent Of fflOfe. The PFOViSiORS of these regulations shall apply to all pFejeetr' relatin to m a...el . O O o permits, L Y + parse!�Ye+ e eYe+ adit.eY"ffl and plans for develepment Feview. General Plan afHefidmen affeeting hillside land shall also he subjeet to review in a.eee-de..ee with the ..-e.d..:a..... of these regulat:e.... (Qrd 05 1 C 1 9T2505. Ord. nTc [ocLS12J 13,105) !;.80.030 Hillside Development Review/PeFffkit Requ!Fement& A. Plan ReAew. In reviewing hillside deN,elepment plans, the Feviewing authenty shall aet to attain pK,jeets on lend with an averege .lope of tea. (10a ent o eater, as deteF iced to be applieab! ..hall be ..*eet to !he+issuanee of a peFmit Oe- hillside by __._ .,..--..a..,. Community ..y ... ..1.... a. , ,.,,.,....� .... �� w...a....w....�a.vr�paar.xx.c-ivr-nxnmvc de els aiczvpiT.2?,rrciicdr B. Hillside development reviewshall be YY—rrv�`,prejeets the C--am .. n Development Department T pea rereipt of ap ,plications hillside January 2013 1 DRAFT Chapter 17.80 —Hillside Development Page 1 January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 2 0 0 (2) A _,.6......legieal and ..teem„ logieel fesetwees, and A..,...mented ,. potential 1 iqt.._:.. January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 3 .. ... .. . January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 3 �.Y... .:. ... .. _ .: .. . ................... Y. ............................. . ... \ _ .... :. .. ._ January 2013 1 DRAFT • Chapter 17.80 — Hillside Development Page 4 • Followingdensiiy feduetien by peFeentagge RE Density on 0% Slope or DU/AC 208.70 208.70+ s - i x 208.7* 'gyp" •IF4-3560- Square Feet is 1 Ace s�.atos.smauae aaAn.un_auya,y,..,m••. SFr . swwd25x.11ibYc ma�r.sa�v_o�•,�.,aoa. S"d 2s%. 3.13 mar.a 71'_assu.nti.�m,o. h � A. Maximum Density. For each of the slope categories identified, there shall be a corresponding maximum allowable density. The following chart, Figure 17.51-1 (Denser and Ratio Change with Percentage of Slope Density), identifies density categories for Urban Residential and Mixed Use zones. The necessary reduction in density to maintain a similar pad and product type as the slope increases has been shown on the chart. The densities identified in Figure -17.51-1 (Density and Ratio Change with Percentage of Slope Density) are the maximum allowable and conform with all other standards and criteria of this section January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 5 ve. Slone M URS / RM44 UR3 RS - - �v R& COMEReFeiRl indust UR4 / MXC MXN - - - 10% 24,00 30.00 2899 18.00 11.00 5.00 2-24 2.00 4-00 930 441°!0 489"/e 11% 2440 29.40 49.5 17.64 10.73 4.88 24-5 1.96 4,98 949 44--4 9&% 12% 26.69 28.50 4999 17.10 10.45 4.75 2:99 1.90 943 948 424 454 13% 25.90 27.90 4$39 16.74 10.18 4.63 2-.04 1.86 943 947 4-37% 93°{0 14% 25.2.9 27.00 18:99 16.20 9.90 4.50 4-98 1.80 0.94 443 4"0 99°6 15% 2459 26.40 47-58 15.84 9.63 4.38 4113 1.76 4" 944 440% 19"0 16% 239 25.50 17.00 15.30 9.35 4.25 447 1.70 4.-" 443 46°6 451% 17% 2340 24.90 46.59 14.94 9.08 4.13 482 1.66 993 0:42 4-7% 83°10 18% 22.4 24.00 16.0 14.40 8.80 4.00 4-:76 1.60 940 8.40 4" 89°/a 19% N.7 23_40 4339 14.04 8.53 3.88 444 1.56 0:�8 4.39 4"0 78% 200% 24-W 22.50 1500 13.50 8.25 3.75 4�5 1.50 973 938 24°6 7-S4 21% 20.9 21.90 44 4 13.14 7.98 3.63 4-40 1.46 8.7-3 437 24-% 74% 22% 49.60 21.00 44 49 12.60 7.70 3.50 4,54 1.40 0-75 945 22°O0 70% 23% 44490 20.40 4330 1 12.24 7.43 3.38 1 4-9 1.36 9:68 444 23°6 68% 24% 19.20 19.50 43.00 11.70 7.15 3.25 4-.4-3 1.30 433 433 24% 65%0 25% 47-39 18.90 12.50 11.34 6.88 3.13 4-.8 1.26 0.6-3 0.42 2"0 6-°10 26% 4" -W 99 6.60 3.00 4-.3.2 469 440 1 4"0 January 2013 j DRAFT Chapter 17.80 - Hillside Development Page 6 L • • 0 0 Slone UR5 / MXC UR4 / MXN -UR2 - R - � SIORe 18.00 10.80 1.20 27% 16.10 115 6.33 2.88 -1-z 038 449 2-74 34°6 17.40 10.44 1.16 28% 4540 11_00 6.05 2.75 4,24 033 438 284 53°6 16.50 9.90 1.10 29% 14_70 40=50 5.78 2.63 436 0-53 0-46 240 33% 15.90 9.54 1.06 30% 44_00 10.00 5.50 2.50 440 040 0--3 30% -SG% 15.00 9.00 1.00 31% 43_30 �50 5.23 2.38 4-:03 445 0:24 31% 44"0 14.40 8.64 0.96 0 -9-.N4.95 2.25 4.49 044 G. ? � 49°A 13.50 8.10 0.90 ,Y° 11.90 S39 4.68 2.13 9-94 443 441 33°4, 43% 12.90 7.74 0.86 340 1 128 a00 4.40 2.00 9:88 9:49 0:29 3496 44"° 12.00 7.20 0.80 35% 10.5 450 4.13 1.88 4.53 039 941-9 3S% -3"0 11.40 6.84 0.76 36% 9:50 3:09 3.85 1.75 0:73 033 04-8 3" 33% 10.50 6.30 0.70 37% 0=10 6=50 3.58 1.63 9:'32 033 046 3� 33% 9.90 5.94 0.66 38% 840 6,80 3.30 1.50 066 0.30 04-5 38°!0 39% 9.00 5.40 0.60 39% 7-.�9 3=50 3.03 1.38 0:64 O -.M 044 39% 2&% 8.40 5.04 0.56 40% 7,00 349 2.75 1.25 0,554 445 9:13 49% 275-% 7.50 1 4.50 0.50 41% 630 4.59 2.48 1.13 030 0:23 044 441_;6 23°1 6.90 4.14 0.46 42% 3.69 400 2.20I.00 444 030 0410 42°0 29"{0 6.00 3.60 1 0.40 January 2013 1 DRAFT Chapter 17.80 - Hillside Development Page 7 Ave. Rat: UR5 / UR4 / MXN U MXC - 43% 4-90 5.40 434 3.24 1.93 0.88 0739 0.36 4418 0:09 43°k 4"0 44% 420 4.50 4.00 2.70 1.65 0.75 933 0.30 074-5 4:98 44°6 1-30 45% 330 3.90 ' 39 2.34 1.38 0.63 0-28 0.26 044 1 996 1 45-°6 43=6 - 1 46% 2:80 3.00 299 1.80 1.10 0.50 4:22 0.20 0.10 0-04 4"6 4446 47% 2-40 2.40 !34 1.40 0.83 0.38 0712 0.16 998 994 47 -OA 8°k 48% 4-40 1.50 41-09 0.90 0.55 0.25 044 0.10 993 07G3 48% 54 49% 034 0.90 039 1 0.45 0.28 1 0.13 9:46 1 0.06 4.43 0$f 490 1 50%+ 1 0.34 0.60 1 9:40 0.36 1 0.25 0.10 1 9:45 0.04 993 0$1 30%k 3 1 Figure 17.51 - 1 Density And Ratio Change With Percentage Of Slone Density (In dwelling units/acre) Density Criteria for Hillside Development Applications. Notwithstanding the density provisions of this section, all of the following conditions shall be met: a. The hillside development plan shall be in substantial compliance with all applicable provisions of this ehaptefsection and the Hillside Development Guidelines. b. Ne developmeRt eeastFaetien, aefivities or grading shall be peFmitted en slopes of fifty (59) eb. The site plan shall be designed to locate or cluster development in slope areas of twenty- five (25) percent or less; however, clustering of development in slope areas of twenty-five (25) percent to fifty (50) percent may be considered in limited locations and shall be in conformance with Section 17.68.020 (Cluster Development). Far the purposes of a.:.. de. In no event shall the overall density exceed the density of the General Plan and zoning designation or the density provided in Figure 217.51-1 (Density and Ratio Change with Percentage of Slope Density), whichever is greater. ed. The development shall not be located in an area containing the ridgeline preservation (RP) zoning classification unless the project is in conformance with Section 17.'x,317.38.070 (Ridgeline Preservation Overlay Zone). i January 2013 1 DRAFT , Chapter 17.80 - Hillside Development Page 8 • 2. Average Slope Calculation. Average slope shall be calculated by utilizing the following formula: 11 Average Cross Slope = I x L x 0.0023 A I = Contour Interval L = Contour Length 0.0023 = Constant to Convert Square Feet to Acres and Slope to Percent A = Acres in Site The average slope shall be calculated as shown on the development plans certified by a California licensed engineer. January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 9 MMM :... . WMI M11 . Mm ...... � .:... =o ,. MEMMMM: January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 9 MMMMMMMMM MMMMMMMMM MMMMMMMMM 3. Division of Area. Where there exists a dramatically different landform character in the topography of any one site, the site may be divided into several distinct areas for purposes of slope determinations. An average density may be calculated separately for unique areas on site upon approval of the Director of Community De elepme_. For example, each of the areas shown in Figure 3-17.51-2 (Division of Areal (A, B and C) may calculate density requirements separately. January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 10 11 0 • Fk%Fe 3Figure 17.51 — 2 Division of Area B.4740 -.M Development Standards for Hillside Development Review. The development standards shall apply to any use, development or alteration of land included in these regulations. IA. Hillside Classifications. Hillside categories have been identified by nercentage of average slope in the following categories: a4. Average slopes under ten (10) percent are considered relatively flat and would not cause any conditions necessary for the implementation ofthethis section Hillside Deyelepmen��. b2. Projects with slopes which average ten (10) percent or greater qualify for hillside plan review and shall be reviewed under the provisions of this section-ehaeter. 2C. Grading Design ak. No graded or cut embankment with a slope greater than two (2) feet horizontal to one foot vertical shall be located adjacent to a publicly maintained right-of-way. The applicant shall provide suitable guarantees satisfactory to the reviewing authority for landscaping and perpetual maintenance, at no cost to the City, of all slopes outside of the public right-of-way. Major public roads, such as those identified in the General Plan Circulation Element, may require slopes steeper than two to one (2:1). In such an event, slopes steeper than two to one (2:1) may be allowed; provided, that a geotechnical study is prepared verifying the feasibility of such slopes and approval of the City Engineer. 62. The overall slope, height or grade of any cut or fill slope shall be developed to appear similar to the existing natural contours in scale with the natural terrain of the subject site. is. Building pads created in hillside areas should maintain rounded comers and conform to landforms within the site. Lib. The shaping of building pads to conform to the landform or character of the topography is encouraged. Where grading is required, it should blend in with smooth transitioning, avoiding harsh or abrupt changes in topography, character, or type. Slopes should be January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 11 rounded and contoured to blend with the natural topography unless this effort would • diminish open space or significant natural features eat (ureslof the site nib IK Koa3tr f �vrR' "q, wsLua::y dc:. 1 alJ,roro /� � � bYJ: is •\ / • h� Ia"iFfl: 11lustFation No. r 1 eiii. Building pads in hillside areas are recommended to maintain a minimum pad frontage of forty (40) feet for single-family detached units as measured at the building setback. Greater pad depths may be required to be consistent with the characteristics of the subject property zone, the configuration of surrounding properties, and topographical constraints. Building pad width shall be measured at the building setback line'-__ MustFatien Ne. -2-). Pad 8egvixtme2]! January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 12 • • c3. Where any cut or fill slope exceeds ten (10) feet in horizontal length, the horizontal contours of the slope shall be developed to appear similar to the existing natural contours. d4. Grading shall be balanced on site whenever possible to avoid excessive cut and fill and to avoid import or export. e4. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas which will be immediately developed, resurfaced or landscaped shall be disturbed. fb. No excavation or other earth disturbance shall be permitted on any hillside area prior to the issuance of a grading permit, with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. These trenches are to be properly backfilled and, in addition, erosion treatment shall be provided where slopes exceed twenty (20) percent. 3D. Architectural Standards Purpose . The purpose of establishing architectural design standards in the Hillside Development ^-ai___e_ is to ensure quality development that blends with the hillside environment and to create neighborhoods that display harmonious and complementary architectural styles. To achieve hillside compatible development, the City recognizes the importance of having architectural design that incorporates rooflines and other building elements, which reflect the naturally occurring ridgeline silhouettes and topographical variations. 14. Building Setbacks and Height. A variety of building and lot orientations shall be provided in order to encourage development suitable with the hillside character of the site. be. Too of SlopeRear Setback. A minimum rear yard setback of fifteen (15) feet from top of slope and/or an average setback of fifteen (15) feet shall be provided from the edge of the pad where • the structure is within public view. Setbacks and building heights shall be varied from the top of slopes as shown in Figure 17.51-3 (Top of Slope Setback) (see 11lustfation Ne. 3). ?:bL•c V''=w Too d Sap. iliastFetien No Figure 17.51 — 3 Top of Slope Setback cb. Building Height flor New Subdivisions. A minimum of twenty-five percent (25%) of the units should be single story when situated in the public view from freeways, arterial roads and major public spaces. Where two (2) story units are utilized, the units shall be architecturally designed to provide varied vertical articulation and buildine massingexpese CJ January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 13 L(44 Structures shall be designed so the slope angle of the roof pitch is generally at or below the angle of the natural hillside or manufactured slope (see 11lustfatien Ne. -4). ` Puede rrw.n.d ii.(2-) Views of significant visual features from public vistas such as ridges, as viewed from within and outside the hillside development, should be preserved. Buildings should be oriented to allow view opportunities. All significant public vistas or view corridors as seen from a seeendary, eelleete-, o ----0e- _Aeries general Plan Highways should be protected. (3) Hillside adaptk,e amhiteeture shall be teffaeed to fellew the eenteurs of the slope. _.J s pe..s and undersides ..f {leers and deet.... ..elesed L. well.. ,._e dise,..._,,,.ed 1....May be permitted with A_e so", and ,...ehitee..._..1 ..,.....: d,._..N,._.. adequately addressed-. ed. Building Style. The use of hillside adaptive architecture shall be incorporated into the design of individual custom lots,-ir,aFeas of f,y-pereent �,�_�;,��r�-�earar e._4,...._,...4inuld he qet be,a, ,.mi ..f twenty ism feet a,.... �..1,. ,.f .. ,... ....d ., Fainimum ..f.hi" /]M fee. ffem iep of slope i. Step building foundations may be required to minimize grading. ii.Grading shall be limited to driveway and footprint area of building. iii. Lot development should be sited on the least sensitive portions of the site to preserve landforms, vegetation and geotechnical features. iv.( -1-j An architectural style shall be compatible with the hillside character, topography, and theme of the community. 2L.(24 A variety of roof orientations and types which emphasize roof pitches reflecting the overall slope of the hillside shall be incorporated into the design of the development. vi.(3} Enhanced architectural elevations where the front, rear or side of units face public view is required. The hilltop architecture of units will be restricted to avoid massive wall and monotonous patterns of building silhouettes. vii.(44 The dimensions of a building parallel to the direction of the slope should be maximized in order to limit the amount of cut and fill and to better incorporate the residence to the natural terrain. January 2013 [ DRAFT Chapter 17.80 - Hillside Development Page 14 • n U 0 • viii.(54 Terraced decks shall be identified and included with the application submittal requirements for plan approval. Terraced decks cannot be built outside of privacy walls or on slopes which are a part of homeowners= association's common area OF Furless such a deck is -constructed as a common HOA amenity). ix.(6) Buildings may be clustered to respect and adapt to the existing topography. Flexible siting techniques including varying the position of the structures and varying the sizes of lots should be utilized. ed. Architectural Treatments. Architectural treatments on all exterior walls of any building shall be designed to avoid a monotonous or continuous facade of the exterior wall. One continuous vertical or horizontal plane on the front and rear facade of any building is not permitted. Architectural features and details shall be located on all exteriors walls of the building, including the rear and sides of the building. Buildings shall utilize wall articulation (i.e., insets, pop -outs, etc.) and roof orientation as a means to prevent massing. fe. Finish Materials and Color. Building materials and colors shall be compatible with the natural setting. Exterior colors shall be limited to earth tones and indigenous materials to be incorporated into the design of the structures. The color, material and texture palette shall be reinforced with compatible landscaping. g€. Fencing and Privacy Walls. Location and alignment of fences should conform to the natural topography of the area and be enhanced with landscaping. (4)i. All fences and privacy walls adjacent to or visible from public roads or major public spaces shall be of decorative masonry or other approved materials which have a natural appearance and shall be a color that blends with the surrounding environment and complementary to the landscape. The applicant shall present illustrations and descriptions of fencing and wall materials as required by this section. l4 •^v �p'� —tip E Patios, Pools, .... Trellises and ♦:ll..-.. Ctruet..ms Patios peol..r .. •.,Il -se. and .. ..:Il...... C• struetufes shall be screened ffem publie view. 4E. Landscape Design. January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 15 January 2013 1 DRAFT . Chapter 17.80 — Hillside Development Page 16 • 4a. Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. All landscaping shall be subiect to the requirements of the Los Angeles County Fire Department in areas designated as a Very High Fire Hazard Severity Zone. ia. Plant material shall be selected according to compatible climatic, soil and ecological characteristics of the region. iib. All City-approved irrigation systems shall conform with Section 17.51.030 (Landscaping and Irrigation Standards) and be utilized for all landscaped slope areas and other disturbedimpaeted or planting areas. iiie. Plant materials that require excessive water after becoming established shall be avoided. Native plant material or compatible, nonnative plant material shall be selected. d. Slope andLandseape "� Maintenanee. 1#eateewners=asseeiations (110As) and assessment slopes not ifieluded within a landseape fnaintenanee distriet (LMD) shall be maintained b) b2. and ethef ,...eas An nnA innA sh. uld h,...,.,.,.iFed to establish .. fAainfenames di9triet with responsibility f - lands,.,...e fnaiHtefia ee shbuld the 140A disb,.,a The City should _et..:_ The location of all existing trees of a six (6) inch circumference`oNr-- or greater, as measured four and one-half (4.5) feet from the ground, shall be shown on plans submitted for approval. The reviewing authority shall designate all trees to be saved or removed. Oak trees are subject to the Section 17.51.040 (Oak Tree Preservation` Ofdin. nee and !'_midlines (Seetion c3. a-�.-1-7:999j• All cut and fill slopes shall be planted and irrigated with an automatic irrigation system to prevent erosion. All cut or fill slopes exceeding five (5) feet vertical height shall be planted with • adequate plant material to protect the slope against erosion. Planting shall be in the ratio of at least one shrub per one hundred (100) square feet of natural slope area and one tree per one hundred fifty (150) square feet of actual slope area, with ground cover to completely cover the slope within six (6) months from planting. All plants shall be drought-resistant and shrubs shall be a minimum one gallon size, unless hydroseeded. All trees shall be minimum five (5) gallon size. Slopes less than five (5) feet in height shall be planted in the ratio of at least one shrub per one hundred fifty (150) square feet of natural Slone area and one tree ver two hundred (200) square feet of actual slope area, with ground cover to cover the slopes completely within six (6) months of planting. However, the Director of r...,.., unit...,_ve!O_._ ._t may require larger trees on a case by case basis. In addition, the Director ..C!`,....munity r..,..elop.- em may modify these requirements based upon the requirements of the Los Angeles County Fire Department fuel M. Access easement areas a minimum of five (5) feet wide shall be provided for uphill and downhill slope maintenance areas and should be located no more than one thousand (1,000) feet apart. e3. Slope and Landscape Maintenance. Hillside subdivisions shall be designed so that the maximum slope maintenance responsibility for an individual residential homeowner shall not exceed 30 feet vertical or 60 feet of horizontal slope within each yard area. Any remaining slope area shall be incomorated into either an HOA or landscape maintenance district (LMD) common area parcels as appropriate, along with any necessary access easements as described in subsection 4 above. 14arAeav,neFg' asqoeiatiaftr (vnAs) and assessinefit dist_iets Or eth. aeoeptable 1,,,...1 entities aFe _,.gUiF a in Sant, Glarita. All common area landscaped slopes not included within a lanriga_e Enai..t,.....nee dist^^•'LMD; shall be maintained by an HOA or a January 2013 1 DRAFT . Chapter 17.80 — Hillside Development Page 16 • property owners' association (POA) for the permanent maintenance of slopes and other areas. An HOA/POA should be required to establish a maintenance district with responsibility for landscape maintenance should the HOA disband. The City should retain development rights in such a maintenance district. fb. A fuel modification plan shall be required by the Director of Community r,eyel,.pment and approved by the Los Angeles County Fire Department for all hillside plans within an area designated as a Very High Fire Hazard Severity Zone .6..• abut --pa--' open spaee. The Fire Department eanmay require modifications to the landscaping requirements contained within this subsection. 0. The project shall be designed to incorporate fire prevention and safety measures pursuant to the provisions of the Los Angeles County Fire Departmentsr T... Ge a and the Hillside Development Guidelines (Seeti^_ rte. 5€. Retaining Walls. The purpose and intent of establishing development standards for retaining walls in thine sectioLillillside Pevelapment Ordinane is to ensure that the application of retaining walls is aesthetically pleasing to the subject property and limited in quantity throughout a development. a-1. General Standards. ai. The maximum length of any continuous retaining wall shall not be more than one hundred (100) linear feet. iib. Retaining walls may shall be used for the purpose of supporting cut slopes or containing fill material or for minimizing cut or fill slopes. The fetaiHing wall --' e d - (" retaining.inehes aboN,e the material it is A. A -retaining ..all shall .. • 6e a .ed i .e6 e manneF so as to 61eek e_ .urea ;.w,6:;.1.._ eeeesg ta a dediee.ed e_ implied dedieated elle.. _eeess, or right of ay retaining wails shall be pefmitted between residential lots as a Fneafir ef ereating additienal useable pad aFea. iiie. Slopes requiring retaining walls at heights greater than the maximum allowable shall be terraced to allow for landscaped areas. Such planting areas shall have a minimum horizontal width of four (4) feet and- g ».....:., um- .yid.6 horizontal width of fight (9) feet of separation and permanently landscaped. (1) All planting areas fer Fetaining walls shall be provided with aft atitematie it-figatie Cuah shall be .._d .eda6.. v7wcx.x�xcxv..system sae approvedprior eqnstruetion of any wall-. b2. Height Standards. ia. The height of the retaining wall shall be measured at the highest average ground level. In order to allow for variation in topography, the height of a required wall may vary in amount not to exceed the height of six (6) inches `6t -orf one (l) bleeh course of block. All walls shall conform to the height limits of the underlying zone. Lib. Retaining walls may be constructed at varying heights throughout a development see rigiare 4 and Figure 54. (a-�) Retaining walls constructed in the side yard area of a lot shall maintain a maximum retaining wall height of six (6) feet when viewed from adjacent right-of-way or Properties; provided, that such wall does not extend into a required tient-yard adjacent to a street as shown in Figure 17.51-4 Retaining Wall Height). (tit) Retaining walls constructed in the rear yard area of a lot shall maintain a maximum retaining wall height of eight (8) feet when viewed from adjacent right-of-way or properties. (c3) If a greater wall height is desired than prescribed above, two (2) retaining walls at a maximum height of four (4) feet each shall be terraced with a minimum horizontal • January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 17 width of fivefew (54) feet and m heriveNtal width of eight (8) feet of • separation as shown in Figure 17.51-5 (Terraced Retaining Walls). This landscape area shall contain appropriate vegetation to soften the visual impact of the combined walls. No more than two (2) terraces of retaining walls shall be permitted on one manufactured slope. (d4) Where a retaining wall contains a fill above the natural grade and is located within a required yard, the height of the retaining wall shall be considered as contributing to the permissible height of a fence or wall at that location. A non-view-obscuring fence up to three and one-half (3.5) feet in height may be erected at the top of the retaining wall for safety. (5) if a greater wall height is desiFeA t e M\ retaining walls at a maximum height of f6 .- (4) feet each shall be t..«......ed :h .. minimum heriz ntal width of four (4) feet ....d .. maximefa heriz ntal width of eight (9) feet of separation. This land..,.ape area .d.,.11 mere than twe (2) ;effaees ef rvtaifting walls shall be pefmitted oft one manufae- elepc 5' Figure 17.51 — 4 Retaining Wall Height 0 January 2013 1 DRAFT • Chapter 17.80 — Hillside Development Page 18 0 21 Maim= Slope S Figure 5 Figure 17.51 — 5 Terraced Retaining Walls iiie. Walls and fences not exceeding six (6) feet in height and not in a required front or street adjacent side yard, are permitted adjacent to structures_ in order to provide a private outdoor • area. A minimum flat area from top or toe of slope of three (3) feet shall be maintained to face of wall on common area maintenance slopes with slope heights of thirty (30) feet or greater. All fences which are adjacent to or visible from public roads or major public spaces shall be of decorative materials as identified or other approved materials with minimum five (5) foot landscape area on the street side of the wall or fence as shown in (see Figure 17.51-6 (Tot) of Slope Wall )€ and Figure 17.51-7 (Bottom of Slope Wallp. PL Wtoulttdtou or De==i a Moony EMior 3. 6 AG Pdvm Yard Figure 6 Figure 17.51 — 6 • Top of Slope Wall January 2013 1 DRAFT Chapter 17.80 —Hillside Development Page 19 PL Ma ry or Wrough[-iron i Fencc 6 max Figure 7 Figure 17.51 — 7 Bottom of Slope Wall Private Yard d. The eumulati�ve height of any retainingwall beilt to Fetain a eut slope or fill slope shall not expeed- tl.e .-..,xiya..m allowable height Lased e., the 1. cats. n of the well Cumulative Leight shall mean the .. mbined height of any wall ,.seriesOf Walls ftqtfiFed to Fetain a single 3c. Walls Exceeding Six (6) Feet in Height. The use of crib walls, Loffelstein walls, and other similar living wall systems that allow for landscaping opportunities with planting pockets and stepped designs is acceptable. Loffelstein walls and similar living wall systems retain large amounts of earth while providing planting pockets for landscaping. Once landscaping matures, the wall will be masked and have a softer appearance than a hardscape wall surface. Such wall shall be subject to the following development standards. ai. Such walls shall utilize a curvilinear slope pattern consistent with the appearance of the natural hillside terrain. _iib. Such walls shall be planted with landscape material suitable for the climate and wall exposure relative to the sun. iiie. The landscape aesthetic effect to be achieved by the overall development shall be emphasized and considered. ivd. The color palette and materials selected for the retaining wall shall blend in with the adjacent hillsides and landscape plant palette. d4. Contour Construction and Wall Materials. la. Retaining walls shall follow the natural contours of the slope. iib. All materials used to construct the retaining wall(s) shall consist of native stone, poured -in- place concrete, precast concrete block, color treated, textured or veneered to blend in with the surrounding natural colors and textures of the existing landscape and native plant materials. 66. Corrective Work. Nothing in this section shall prohibit the Director of r ............:... n,...,.1,......,._. from authorizing grading deemed necessary to correct natural, hazardous conditions that are brought to the City's attention, in which case the applicant will investigate possible alternatives with subsequent review by the Director of Community Develepmen, Planning Commission, or Q+y Council. January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 20 0 • n 0 0 . . . . . . . . . . . . C. 17.80.050 Plan Certification. ]A. Grading Plan Certification. Upon completion of rough grading work and prior to any excavation for foundations or structures, an as -graded plan prepared and certified by the licensed civil engineer who prepared the approved grading plans shall be submitted to the Community Development and Public Works Departments for review and approval. The as -graded plans shall include original ground surface elevations, as -graded surface elevations and all other features that were a part of the approved grading plan. The engineer shall provide certification on the as -graded plan that the work was done in accordance with the approved grading plan and the City's grading requirements. 213. Landscape Plan Certification. Landscape and irrigation plans shall be prepared by a licensed landscape architect and shall be submitted to and approved by the Director Pepartinene. A licensed landscape architect shall certify that the planting plans comply with Section 17.51.030 (Landscaping and irrigation Standards).the r:...•. *eris,.ape and land.eape requifements. C .. saltant shall that the Catten D (Ofd. 1 5, ,27T01 O_a. nTc 1 c 2, !Q-5,105; n-aTnc 19 § 2, 1243,105) January 2013 1 DRAFT Chapter 17.80 — Hillside Development Page 21 • 1 Chapter 17.9095 STANDARD URBAN STORMWATER MITIGATION PLAN IMPLEMENTATION Sections: 17.9095.010 Limits of Chapter. 17.9095.020 Scope of Chapter. 17.9095.030 Definitions. 17.9095.040 Rate of Discharge. 17.9095.050 Subdivision Design. 17.9095.060 Best Management Practices (BMPs). 17.9095.070 Control of Erosion of Slopes and Channels. 17.9095.080 Signage of Storm Drains. 17.9095.090 Outdoor Storage of Materials. 17.9095.100 Outdoor Trash Storage Areas. 17.9095.110 Maintenance of Best Management Practices. 17.9095.120 Design Standards for Best Management Practices. 17.9095.130 Loading Docks. 17.9095.140 Repair and Maintenance Bays. 17.9095.150 Wash Areas. 17.9095.160 Restaurants. 17.9095.170 Retail Gasoline Outlets. 17.9095.180 Parking Lots. . 17.9095.190 Violations. 17.9095.200 Inspections. 17.9095.210 Fees. 17.9095.220 Waiver. 17.9095.010 Limits of Chapter. Nothing in this chapter shall be interpreted to: A. Infringe any right or power guaranteed by the California Constitution, including any vested property right; or B. Require any action inconsistent with any applicable and lawfully adopted general plan, specific plan, plan amendment, or building code that conforms to the laws of California and the requirements of this chapter; or C. Restrict otherwise lawful land use except as authorized by the laws of California, subject to the limitations of this chapter. (Ord. 03-6 § 1, 3/11/03) r1 U 17.9095.020 Scope of Chapter. This chapter shall take effect on February 15, 2001, and shall apply only to approval of discretionary (within the meaning of the California Environmental Quality Act, Public Resources Code Section 21000 et seq.) new development or redevelopment projects (as those terms are defined this chapter): A. Single-family residences on graded hillside sites; B. Industrial/commercial developments that disturb one acre or more of surface area; C. Automotive repair shops (SIC codes 5013, 5014, 5541, 7532-7534, 7536-7539); D. Retail gasoline outlets; January 2013 1 DRAFT Chapter 17.90 — Standard Urban Stormwater Mitigation Plan Implementation Page 1 E. Restaurants (SIC code 5812); • F. Home subdivisions often (10) or more dwelling units; G. Parking lots five thousand (5,000) feet or more or with twenty-five (25) or more parking spaces and potentially exposed to stormwater runoff, as defined in this chapter. (Ord. 03-6 § 1, 3/11/03) 17.9095.030 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the "Standard Urban Stormwater Mitigation Plan for Los Angeles County and Cities in Los Angeles County" approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000-11, if defined therein, and if not, by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein, and if not, to the definitions in an applicable permit issued by the California Regional Water Quality Control Board—Los Angeles, as such permits may be amended from time to time. "Automotive repair shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534 or 7536-7539. "Best management practice" or "BMP" means any schedule of activities, prohibition of practices, maintenance procedure, program, technology, process, siting criteria, operational methods of measures, or other management practices or engineered systems, which when implemented prevent, control, remove, or reduce pollution. "Commercial development" means any development on private land that is not residential or a site of an industrial activity, as defined in 40 C.F.R. Section 122.26(b)(14). "Commercial development' includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational • facilities, plant nurseries, multi -apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes not within the scope of 40 C.F.R. Section 122.26(b)(14). "Directly connected impervious area" ("DCIA") means a land area made impermeable to water from which runoff may enter a storm drainage system without first flowing across a permeable land area. "Greater than nine (9) unit home subdivision" means any subdivision where at least ten (10) single- family or multifamily dwelling units are to be developed. "Hillside" means a parcel in an area with known erosive soil conditions, where the development will require grading on any natural slope which is twenty-five (25) percent or greater. "Industrial/commercial developments that disturb one acre or more of surface area" means any development on private land that is not residential that disturbs one acre or more of surface area, including, but not limited to, parking areas (see "Commercial development'). "New development" means the subdivision of land, or the construction of structures or other impervious surfaces, or both. "Parking lot" means an area or facility for the temporary parking or storage of motor vehicles used personally or for business or commerce, which contains five thousand (5,000) square feet or more, or twenty-five (25) or more parking spaces, and which is exposed to stormwater. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces. Redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land -disturbing activities related with structural or impervious surfaces. Where redevelopment results in an increase of less than fifty (50) percent of the impervious • • surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards apply only to the addition, and not to the entire development. "Restaurant" means a stand-alone facility where prepared food and drinks are sold for consumption, including stationary lunch counters and refreshments stands selling prepared food and drinks for immediate consumption. (See SIC Code 5812). "Restaurant' does not include co -located stalls or food counters in general purpose establishments such as markets and grocery stores. "Retail gasoline outlet" means any facility where gasoline and lubricating oils are sold. "Source control BMP" means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution. "Storm event" means a rainfall event that produces more than 0.1 inch of precipitation separated from the previous storm event by at least seventy-two (72) hours of dry weather. "Structural control BMP" means any structural facility designed and constructed to mitigate the adverse impacts of urban runoff pollution (e.g., a canopy, structural enclosure). This category may include both treatment control BMPs and source control BMPs. "Treatment" means the use of physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media absorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 03-6 § 1, 3/11/03) 17.9095.040 Rate of Discharge. • No new development shall increase the peak rate of discharge of stormwater from the developed site if this increase would make downstream erosion more probable. (Ord. 03-6 § 1, 3/11/03) 17.9095.050 Subdivision Design. Unless inconsistent with vested rights, the site design for all subdivisions subject to this chapter, to the maximum extent practicable, shall: A. Concentrate or cluster new development on portions of the site while leaving the remaining land in a natural undisturbed condition; B. Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the construction of lots, and to allow access and provide fire protection; C. Preserve riparian areas and wetlands. (Ord. 03-6 § 1, 3/11/03) 17.9095.060 Best Management Practices (BMPs). A. On the date the ordinance codified in this chapter takes effect, those best management practices which are listed in Tables 1 and 2 of the "Standard Urban Stormwater Mitigation Plan for Los Angeles County and Cities in Los Angeles County" approved by the Executive Officer of the California Regional Water Quality Control Board for the Los Angeles Region, on March 8, 2000, as modified by the State Water Resources Control Board in Order WQ 2000-11, shall be deemed to be incorporated by reference and adopted by this City and shall remain in effect until the City Council shall adopt by resolution a guidebook prepared or recommended by the City Engineer, categorizing development and best management practices for each category. B. The City Engineer may from time to time revise the guidebook, and the City Council may adopt these revisions by resolution. 0 C. No best management practice other than a structural or treatment control best management practice • shall be used in any development regulated under this chapter, unless the guidebook recommends that practice. D. No structural or treatment control best management practice may be used in any development regulated under this chapter unless the guidebook recommends that practice. (Ord. 03-6 § 1, 3/11/03) 17.9095.070 Control of Erosion of Slopes and Channels. Best management practices used on slopes or channels in new development or redevelopment subject to this chapter shall: A. Convey runoff from tops of slopes; B. Eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated, utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent practicable; C. Stabilize soil at permanent channel crossings; D. Vegetate slopes with native or drought -tolerant species known to control erosion; and E. Dissipate concentrated flows before they enter unlined channels. (Ord. 03-6 § 1, 3/11/03) 17.9095.080 Signage of Storm Drains. In the project area of new development or redevelopment subject to this chapter, a notice that dumping in storm drains and catch basins is illegal shall be: A. Stenciled in paint or other permanent means at all storm drain inlets and catch basins within the project area; B. Posted at all known public accesses to natural or artificial drainage channels within the project area; and C. Maintained to preserve the sign. (Ord. 03-6 § 1, 3/11/03) 17.9095.090 Outdoor Storage of Materials. is A. All materials stored outdoors in new development or redevelopment subject to this chapter which, if exposed to stormwater, may reasonably be expected to add pollutants to it, shall be thoroughly isolated from contact: 1. With stormwater, by enclosure in a structure; or 2. With stormwater, by a surrounding curb or other containment structure. B. The storage area must be completely covered: 1. By impermeable paving; and 2. Any structure by an overhead covering that adequately diverts precipitation away from the ground between the material and the surrounding containment structure. (Ord. 03-6 § 1, 3/11/03) 17.9095.100 Outdoor Trash Storage Areas. Except where they serve only single-family residences, solid waste containers in new development or redevelopment subject to this chapter shall be stored in areas that: A. Are isolated from contact with stormwater originating outside the storage area; and B. Are surrounded with a barrier sufficient to prevent all trash from being transported out of the storage area, except during collection. (Ord. 03-6 § 1, 3/11/03) 17.9095.110 Maintenance of Best Management Practices. A. Every person applying to the City for discretionary approval of any new development or redevelopment subject to this chapter, as part of that application, in a signed writing, shall agree to maintain any structural or treatment control best management practice to be implemented in that development through means such as a covenant running with the land (such as covenants, conditions and restriction, C� • commonly known as CC&Rs), CEQA mitigation measures, conditional use permit or other legal agreement (collectively "agreement"). B. The agreement described in subsection (A) of this section shall remain in force until ownership of the developed property has been entirely transferred, and upon transfer, shall be binding on the new owner(s). (Ord. 03-6 § 1, 3/11/03) 17.9095.120 Design Standards for Best Management Practices. Except as this chapter may specifically exempt, every structural or treatment control best management practice implemented pursuant to this chapter in new development or redevelopment subject to this chapter, for the area contributing to that practice: A. Shall be adequate to protect from flooding those parts of the contributing area adjacent to drainage channels, according to design criteria the City Engineer may establish; B. Shall be adequate: 1. For the volume of stormwater that, as determined by the formula recommended in "ASCE Manual of Practice No. 87 (1998)," may be collected from the contributing area during a twenty-four (24) hour period in which the total stormwater runoff exceeds eighty-five (85) percent of all runoff volumes that have been measured for twenty-four (24) hour periods for that same area; or 2. To treat, by the method recommended in "California Stormwater Best Management Practices Handbook—Industrial/Commercial (1993)," and as determined there, eighty (80) percent or more volume treatment of the annual volume of stormwater runoff from the contributing area; or 3. For the volume of stormwater runoff from the contributing area produced by a storm event of 0.75 inches. C. Subsection (B) of this section shall not apply to any land area of less than five thousand (5,000) square feet being developed or redeveloped for use by any restaurant, or any retail gasoline outlet. D. Where redevelopment results in an increase of less than fifty (50) percent of the impervious surfaces of a previously existing development, and the existing development was not subject to these SUSMPs, the design standards apply only to the addition, and not to the entire development. (Ord. 03-6 § 1, 3/11/03) 17.9095.130 Loading Docks. In any industrial/commercial development that disturbs one acre or more of surface area or in any automotive repair shop, the design of any outdoor loading dock area in new development or redevelopment subject to this chapter shall: A. Use an overhead covering that prevents the entry of stormwater; or B. Prevent the entry of stormwater by diverting it away; and C. Not conduct stormwater from any truck well directly into a storm drain system. (Ord. 03-6 § 1, 3/11/03) 17.9095.140 Repair and Maintenance Bays. In any industrial/commercial development that disturbs one acre or more of surface area or in any automotive repair shop, in new development or redevelopment subject to this chapter the design of any repair or maintenance bay shall: A. Prevent the entry of stormwater by diverting it away or by locating such bays indoors; and B. Use a drainage system that collects all water from washing and from leaks or spills and stores it in a sump for disposal; and C. Does not conduct stormwater from the bay directly to a storm drain system. (Ord. 03-6 § 1, 3/11/03) 17.9095.150 Wash Areas. The design of any wash area for motor vehicles or equipment in new development or redevelopment • subject to this chapter shall use: A. An adequate overhead covering; and Is B. A device that clarifies or otherwise pretreats all wash water; and C. A drain conducting all treated wash water to a sanitary sewer. (Ord. 03-6 § 1, 3/11/03) 17.9095.160 Restaurants. The design of any restaurant subject to this chapter shall include an area for the washing or cleaning of equipment, which: A. If indoors, shall: 1. Be self-contained; 2. Use a grease trap; and 3. Use a drain conducting all wastewater to a sanitary sewer; and B. If outdoors, shall: 1. Use an overhead covering adequate to prevent contact with stormwater; 2. Be covered with impermeable paving; 3. Be surrounded by a curb or other containment and 4. Use a drain conducting all wastewater to a sanitary sewer. (Ord. 03-6 § 1, 3/11/03) 17.9095.170 Retail Gasoline Outlets. All fuel dispensing areas in any retail gasoline outlet subject to this chapter shall: A. Be covered by a structure that: 1. Extends outward at least as far as the grade break at all points, and 2. Diverts all stormwater away from the fueling area; B. Be paved with a material, other than asphaltic concrete, that is impermeable to water and has a smooth surface with a slope of not less than two (2) percent but not more than four (4) percent; C. Be separated from the rest of the site by a grade break that, to the maximum extent practical, prevents stormwater from entering the fueling area; D. Extend outward at least six and one-half (6.5) feet from the outermost comer of any fuel dispenser, or a distance one foot greater than the combined length of the dispensing hose and nozzle, whichever distance is less. (Ord. 03-6 § 1, 3/11/03) 17.9095.180 Parking Lots. To the maximum extent practical, all parking lots subject to this chapter shall minimize off-site transport of pollutants by using the following design criteria and BMPs: A. Minimizing impervious land coverage; B. Providing for effective treatment or infiltration of stormwater before it is discharged into storm drains; and C. Use of operational and maintenance measures to remove heavy metals, oil and grease and polycyclic aromatic hydrocarbons. (Ord. 03-6 § 1, 3/11/03) 17.9095.190 Violations. A. Violation of any provision of this chapter shall be both a misdemeanor and a public nuisance. B. The remedies specified in this chapter shall not exclude any other legal remedy that may be available to the city. (Ord. 03-6 § 1, 3/11/03) 17.9095.200 Inspections. A. The City Engineer and such officers as the City Engineer may designate shall enforce the provisions of this chapter. 0 • B. As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of California, enter and make inspections on any property regulated under this chapter. (Ord. 03-6 § 1, 3/11/03) 17.9095.210 Fees. The City Council may establish and fix the amount of fees for services provided under this chapter, as authorized under Sections 66016 and 66018 of the California Government Code. (Ord. 03-6 § 1, 3/11/03) 17.9095.220 Waiver. A. Any person required under this chapter to implement a structural or treatment control best management practice may petition to the City Council to waive that requirement as impractical, provided the petitioner has in good faith considered and rejected as not feasible all such practices available. B. The City Council may waive a structural or treatment control best management practice as impractical if: 1. Inadequate space for treatment exists on a redevelopment project; or 2. Soil conditions strongly disfavor the use of infiltration; or 3. The natural land surface where the BMP would be located lies: a. Above a known unconfined aquifer, or b. Less than ten (10) feet above an existing or potential source of drinking water. C. Any petition for waiver not falling within the foregoing categories shall be forwarded to the Regional Board for consideration. (Ord. 03-6 § 1, 3/11/03) 0 n u • OTHER PROPOSED CHANGES 17.51.030 Landscaping and Irrigation Standards _ comment[rPI]: General Plan Implementation SUBSECTIONS: A. Purpose. B. Applicability. C Landscape Standards. D. Tree Retention. E Water Efficient Landscaping. F Maintenance of Landscaping. A. Purpose. The specific purpose of this section is to: I Encourage quality landscape designs: 3 Conserve energy by the provision of shade trees over streets, sidewalks, parking areas and other paving: 4. Ensure that new landscaping would be consistent with any applicable design guidelines and that important resources (e.g., specimen trees and oak trees) are retained: 5. Protect public health, safety, and welfare by minimizing the impact of various forms of h sical and visual ollution controlling it erosion screemr incom alible land uses preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety: 6. Encourage the protection of landmark. native. and specimen trees 7. Encourage the efficient use of water through appropriate low -water -using plant materials water conserving irrigation design, and regular maintenance of landscaped areas' R Encourage the appropriate design, installation maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes: 9. Promote the conservation of twtable water by maximizing the use of recycled water and other water conserving technology for appropriate applications: and 10. Conform to the state mandated water efficient landscape ordinance as pursuant to Government Code 6 65595: January 2013 1 DRAFT Other Proposed Changes Page 1 0 B. Applicabilim. L _ All oroiects that require approval of either an administrative land use Dermit or a discretionary land use permit shall Provide and maintain landscape in compliance with the provisions of this section. Applicants for such projects shall submit landscape and irrigation Plans per Section 17.23.1 SO (Landscape Plan Review). o In addition the water efficient landscape requirements shall apoly to the l ollowin - - -I Comment (GP21: General Van Imylemeadtbo entitlement. d. Existing landscapes equal to or greater than one acre, with a dedicated or mixed use water meter. Such landscapes are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the • landscape documentation Dackage. landscapes in the landscape documentation package. C Landscape Standards. Landscape areas and materials for commercial, industrial, hillside, mixed use and multifamily proimts shall be designed, installed, and properly maintained in compliance with the following requirements: 1. General Design Standards. The following features shall be incorporated into the design of the proposed landscayc and shown on the required landscape plans. a. Landscaping shall be planned as an integral part of the overall proiect. b. Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas. C. Landscaped areas shall not be less than five feet in width. January 2013 1 DRAFT Other Proposed Changes • 0 E 0 approved by the Director. e. Shade trees shall be inco orated in areas around buildings and within Parkin lots to reduce the heat island _ _ _ _ _ _ - comment [GP77: General clan Implementation 2. Plant Materials. Plant materials shall be selected and installed to comply with the following requirements: a. An appropriate mix of plant sizes and materials shall be provided. b. Plant materials shall emphasize drought -tolerant and/or nadve6oicW- - _ - -t comment [GP4]: General plan Impiementanon C. The use of eucalyptus. Pepper or Palm trees is discouraged, unless compatible with the existing adjacent environment, as determined by the Director. Palm trees shall be limited for use within a community pool or recreation facility,unless otherwise ... roved by the ' - - I Comment [GPS]' General Pian Implementation e. Trees shall be planted in areas of public view. The clustering of trees is encouraged. I. Mature specimen trees fe.v_ 24-. 36-. 48 -inch, and 60 -inch box as determined by the Director) shall be provided to ensure variety and emphasis at main focal areas. ii. All trees shall be staked or guyed Ion a case-by-case basis), subiect to the approval of the Director. iii. All newly planted trees must meet the California State Department of Forestry and Fire Protection Specification Guidelines for container grown landscape trees. f Performance standards. The trees and shrubs shall be carefully selected and properly Planted and maintained so that they: i. Do not interfere with service lines and traffic safety sight areas: ii. Protect the basic rights of adjacent property owners, garticularly the riht to solar access: and iii. Prevent physical damage to the adjoining Public improvements. January 2013 1 DRAFT Other Proposed Changes Page 3 - - Comment [GP6]: General Plan Implementation Q. Ground cover shall be of live plant material. Limited quantities of bark, colored rock, gravel, and similar materials may be used in combination with a living ground cover. h. Mulch. I. A minimum two-inch laver of mulch shall be applied on all exposed soil surfaces of Planting areas except in turf areas, creeping or rooting aroundcovers or direct seeing applications where mulch is contraindicated. ii. Stabilizing mulch shall be planted on slopes. i- The Director may modify the requirements within this section in order to accommodate existing trees located on site or within the public tights -of -way. I. For slopes exceeding five (5) feet in vertical height shall be planted in the ratio of at least one shrub per two -hundred twenty-five (225) square feet of slope area and one tree per two hundred twenty-five square (225) feet of slope area with ground cover to completely cover the slope within six (6) months from planting. ii. Slopes less than five (5) feet in height shall be planted with ground cover to cover the slopes completely within six (6) months of planting. landscaping as Ione as it does not exceed 50 percent of the required landscavine. The installation and type of requirements shall meet the requirements as listed in this section. unless otherwise approved by the Director. a. Prior to approval of any artificial or synthetic turf, the applicant shall submit all required materials for review per the requirements on file with the City. b. The Primary laver on native soil shall be non -woven hi hl - ermeable soil stabilizing fabric for the soil type and conditions of the installation Fabrics must be porous and not impede infiltration of normal watershed to the appropriate drainage. C. Minimum three to five inches of appropriate compactable aggregate base with subsequent or additional imported base materials and fabric lavers is reouired. January 2013 1 DRAFT Other Proposed Changes Page 4 • 0 CMamud: [6V7]: Gerrotel Flan Implemen[atlon 0 A 6 11 d. Acceptable artificial turf surface fibers include: Polyethylene (PE). of ropylene (PP). Nylon with a minimum 6 year (Nylon (PA)) and 8 year (PE 8r. PP) manufacturer warranty against ultra violet light degradation (fading and discoloration) and the style and color selection must compliment other adiacent natural lawn and landscaped grass within the community: must meet or exceed American Society for Testing and Materials (ASTM) standards. I. Acceptable backing materials include perforated, vertically draining, latex or Polyurethane coated materials to provide optimum tuft bind and maximum permeability. Horizontally draining backings must not be infilled: infill materials are Prone to migrate into drainage systems. Acceptable infill materials will include but are not limited to: recvcled rubber crumb, acrylic coated silica, sand, recycled PET bead lets, thermo-plastic elastomer coated silica sand, semi -round silica sand, or other as approved by the Director. Sub -angular silica sand may not be used as infill materials. iii. All materials submitted for approval must be accompanied by test documentation which declares that the artificial turf yam and backing materials are disposable under normal conditions, at any US landfill station (Total Content Leach Protocol (TCLP) test). e. Infill materials. tvoe and amount, per square foot, installed, as suggested by the turf manufacturer or based unto standard industry guidelines f Surfaces must appear seamless and edges must appear natural and well groomed. P. Total surface installation must be water permeable with minimum 25 inch/Hour Permeability Rating. h. All mob materials used for surfaces must pass applicable fire retardant ratings including pill bum test. I. Minimum pile height (individual turf blade height) is an average of one and one- half inches: classic slit film, monofilament or a combination of blade styles: including textured and knit de knit materials used for thatch are allowed. I. Any approved artificial or synthetic turf installation is required to be maintained (including repair or replacement) to appear natural at all times. No fading, exposed seams or corners are permitted. January 2013 1 DRAFT Other Proposed Changes Page 5 Cpmmmt [GP8]: Geneul Pian Implementation _ - - Comment [GP9]: General Plan Implementation this section. All Fire Department -approved landscape plans must also receive the approval of the Director prior to issuance of buildine permits 6. Standards for Single -Family Residential Development. Each single-family residential project shall be landscaped, irrigated, and maintained in compliance with the requirements of this section. a. Single-family development. i. All new residential development shall shave one twenty-four (24) inch box tree planted in the required front yard, to the satisfaction of the Director- ..a ''---- This requirement may be waived or modified by the Director unity Aevelepmext where it is found to be impractical due to tovogmphical ponditions, where it is not keeping with the neighborhood, or where it otherwise will not benefit the area. ii. Landscape parkways shall be installed in all new residential development. These parkways shall be installed between the curb and sidewalk and shall be five feet in width. Parkways shall not be separated by sidewalk. ill. For single-familv homes located adiacent to a Parkway, either public or Private right-of-way, the homeowner has the responsibility to plant. irrigate and maintain the varkwav in a healthy and thriving condition unless the parkway is maintained by the homeowner's association or other entity. The parkway shall be planted with City -approved street trees and landscaping that is consistent with other parkways within the community the Property is located ithirl. iv. The landscape plan shall include all areas located within the front vard and all side yard areas exposed to the street view. a 46 Comment [GP10]o General Plan imptemenution t V. The Preferred plant palette shall include drought tolerant and low-water use landsca in .Low-water usage turf r w rrn-season turf is Ommende ----------------------------------- -Comment [GP11]: General Pian Implementation vi Turf shall be limited to a rnaximum of 50 percent of the total landscaped area. Turf shall be excluded from areas difficult to irrigate (e.g., narrow athwa s parkways less than five feet in width sidewalk strivs, slopes Comment IGP121: General Plan Implementation vii. Second Unit. If a second unit is located along a street frontage, one twenty-four (24) inch box true shall be planted in the front or comer vard setback of the unit. If the new unit is located off of a street frontage, this requirement shall be waived at the discretion of the Director. b. Front yard landscape requirements. January 2013 1 DRAFT Other Proposed Changes Page 6 0 0 For single-family residential areas, a minimum of 50 percent of the square footage of the front vard area between the Drincival dwelling unit and the front public or private street curb, and between the side Drovem lines, must be landscaped with natural plants such as lawns. groundcover, succulents, shrubs, and trees. ii. No more than one-half of the landscaped area may consist of decorative features such as boulders, river and lava rock fountains, ponds, rock riverbeds, pedestrian bridges or other features, as determined by the Director that are consistent with this section. iii. Mulch may be used as an integral part of the natural plantings. iv. The public sidewalk and driveway aprons are excluded from the landscape percentage calculation. 7. Standards for Multifamily Residential Development. In addition to the standards for single-family residential development, the following additional requirements apply to multifamily developments and shall be landscaped. irrigated, and maintained in compliance with the requirements of this section. a. For all new multifamily residential developments, a minimum of ten percent of the total site area is required to be landscaped. C. Preferred ground covers in the main landsca a area and the front setback areas are ones that can be walked on and that utilize water -conserving plant tetia[ . _ - - Comment [GP13]: General Plan Implementation d. Turf shall be limited to a maximum of 20 ercent of the total landscaped are Low-water usage turf or warm -season turf is 0 end a._ _ - Comment [GP14]o General Plen Implementatlon e. Turf shall be excluded from areas difficult to irrigate (eg. narrow Pathways. parkways less than five feet in width, sidewalk strips, slopes, etc.). f The incorporation of fountains. Pools, and other water elements within the Pmiect is encouraged as are other decorative elements (e.g.. the and iron work) Water elements shall be designed to conserve water. R. Substantial trees (36 -inch box and larger) are strongly encouraged in front and side Yard setback areas, to the satisfaction of the Director. h. In cases where the front setback is located over fully subterranean narking. tree wells with an inside diameter of at least six feet shall be provided. I. The minimum tree size at Planting shall be twenty-four (241 inch box, unless otherwise approved by the Director. January 2013 1 DRAFT Other Proposed Changes Page 7 0 New multifamily residential development is required to provide minimum of thirty (330) trees per overall gross acreage of the project site with a minimum of fifteen (15) Percent required to be forty-eight (48) inch box size or larger and twentv (20) percent required to be thirty-six (36) inch box size or lareer. k. Parking areas within multifamily projects are subject to all the landscaping requirements of non-residential proiects. 8. Commercial. Industrial and Mixed Use Standards. For projects utilizing commercial. industrial or mixed use development project shall be landscaped, irrigated and maintained in compliance with the requirements of this section. a. For all new commercial. attd-industrial. and mixed use developments. a minimum of ten (10) percent of the total site area shall be landscaped b. The total area of any project not devoted to lot coverage and Paving shall be landscaped, irrigated, and maintained in compliance with the requirements of this section. C. Landscare parkways shall be installed in all new development. These oarkways shall be installed between the curb and sidewalk and shall be five feet in width Parkways shall not be separated by sidewalk. In addition the adjacent property owners shall be responsible for the maintenance and upkeep of these parkways. d. Where a six (6) foot high masonry wall is required along common lot lines separating residential uses from commercial uses fifteen (15) gallon trees shall be installed and maintained alone the inside of the wall in a minimum five (5) foot wide planter. The trees shall be located a maximum of twenty (20) feet apart for the length of the common lot line or to the satisfaction of the Director- f C. Landscape Setbacks. I. All setbacks, required by this Code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the Director that landscaping is not necessary to fulfill the purooses of this Code. ii. Modification by Director. The Director may modify this requirement to landscape all setback and open space areas. The modification may only be approved if the Director finds that the proiect provides: a higher overall quality of landscape design than would normally be expected for a similar development oroiect; a superior landscape maintenance Plan Other Proposed Changes Page 8 0 I U 0 and for outdoor dining activities. special Paving or other examples of exceptional architectural quality in the vroiect's design f All areas of a vroiect site not intended for a specific use, including pad sites held for future development, shall be landscaped, unless it is determined by the Director that landscaping is not necessary to fulfill the ourooses of this section g. The Director shall determine the level or intensity of landscaping to be provided for vacant Pad sites based on an apumved phasing plan. 9. Landscape Standards for Parking Structures. Projects that include the construction of an above -ground parking structure are subject to the following landscape requirements: b. The perimeter of the parking structure shall be landscaped at ground level with a minimum of one thirty-six (36) inch box tree every fifteen (15) linear feet of structure face in addition to any required streetscape or boundary landscaping. Additional landscaping may be required at the discretion of the Director. C. Parking lot landscaping shall not be required for parking spaces located in parking structures. d. All multi -level -parking structures shall be designed to include landscape planters. 10 Parking Lot Landscaping Requirements for Commercial, Industrial or Mixed Use Developments. Parking lot landscaping shall be Provided in accordance with the following and as shown in Figure 17.5 1 -8 (Parking Lot Landscaping) January 2013 1 DRAFT Other Proposed Changes Page 9 r— 771" FMC Ztl _ nU�[¢[es Ctlrt 2�e.6C ee[ I�rISy[IeMpl[VCwilblCb[f nJ y I I aa�e+eECt l0 ate^ 10 [[.awCY binbwrya 'aria4ft ho tre.n GV. (tQ 0 Sl u,tm tic'. I w �[yu. or.wy (10 ' wtrr n�.yl . fl o aa.wrs+eQ+l i Ip I j� rn Na f b+vnigN Ma¢[ l � O bbl w0 Figure 17.51 - 8 Parking Lot Landscaoins a General Requirements. I. At least five (5) percent of the gross area of the parking lot shall be lardsc Rd Shall th, — _ _ _ HOINI _ _o._..__ _.._ :_d herein. ii. A wall, earthen berm or headlight hedge, measuring 36 inches in height shall be installed where vehicle lights on the property are directed towards public streets or residential properties. The headlight hedge must be a dense growing evergreen shrub, measuring a minimum of 36 inches in height and touching leaf to leaf at the time of landscape inspection. 111. Wh _ mefe than ten (Ill) a mebi1..speees a let ., -aAreas not used for parking, maneuvering. or the movement of vehicles, shall be used4ep landsaeping-landscaped on a lot or parcel of land with more than ten (10) automobile parking spaces. January 2013 1 DRAFT Other Proposed Changes Page 10 • 0 0 iv. Puking spaces shall be allowed to overhang into a landscaped area a maximum of two (2) fee; pFavided, hewes,er, that the t�e (2) feet and ...L 04: the ...,-L:.-.. stall And ..L..0 net h, ...J.,.J...edim Bay way m . The two -foot overhang shall not be counted as required landscaped area or setback. V. All landscaped areas within the parking lot shall be bordered by a concrete curb - mistim m of ` e "` inehes­�adjacent to the parking surface. %i. Wheel stops should not be used in lieu of curbing to protect landscaping signage structures and walls. vii. Continuous concrete turbine at least sim (6) imehes high and Sk (6 i--`,.,�,.es wide shall be Provided at least three (3) feet from my wall, fence, Property line walkway or structure (excluding special circumstances such as reciprocal access points etc.) where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, PmMrty line walkway or structure shall be landscaped, except as allowed by the Director. b. Street setback areas adjacent to parking facilities shall be landscaped and • germanently maintained with trees, shrubs and groundcover, and shall incorporate earthen berms to the satisfaction of the Director. I. Where parking facilities areleem-d adjacent to a sane t Fig; t of way 4 ,a major or secondary highway or when the Parking facility has over 150 feet of street frontage, a minimum ten -foot wide landscaped area shall be Provided adjacent to such right-of-way line, except at driveways and walkways. gush landseaped area shall h, in,mmd t, , minimum f ten (10) feet whan obtMing a major aF seeeadaiy highway. ji. Where parking facilities are leeeted-adjacent to a street right -of --way line not considered a major or secondary highway and less than 150 of street frontage for the parking facility, a mjnimum five-foot wide landscaped area shall be provided adjacent to such right -0f --way line, except at driveways and walkways. C. Required parking lot trees shall be distributed throughout the Parking lot so as to maximize the aesthetic effect and compatibility with adjoining uses. This shall not apply to parking areas on the roofs of buildings, to parking areas within a building. or oarkine structures. I. At a minimum. twenty-four (24) inch box trees are required for oarkine lot landscaping. The Director may require thirty-six (36) inch or larger box trees on a case-by-case basis. Other Proposed Changes Page I 1 0 ii. Thirty-six (36) inch box trees are required at the end of drive aisles, unless eppreprieteothenvise determined by the Director. ill. Parking lot trees shall be provided at the ratio of one tree for every four (4) parking spaces.He eve _ ...__A..,A _u __,. tf8e _.._ c ..- (4) _ar4i_g ir. In areas where parking spaces meet head to head a landscaped -planter strip landqc,o,d areas shall be a minimum of six (6) feet in width. rue4he - (6) :-...L.... high ...a ,.:-'°` :.,..L.,.. ,..:a_ not including hardscaye that runs the length of the parking aisle shall be installed. Within this landscave planter area a minimum reouirement of one tree ver €we -(-5-1 sir (6) parking, spaces will beienaesed required. V. When Where a parking lot configuration makes six (6) foot landscape meter areas infeasible, tree wells May L....abSt:aaed t_ .L.- __t:-cflet:__ ..tat_ n:___._ -_r^,.__.._:«. n_...1__--.__., shall be provided. 4e=nnpeseA-A41#eeV O..g-Ma�.�a-.., «t a..m th.. inside _C the�snmte -..-L.Tree wells are required to be four (4) feet by nine (q) feet (including a six-inch curb) and provided at intervals of every three spaces, on an averam within each double loaded row. vi Landscape islands shall be a minimum of seven (7) feet wide including the six-inch curb. An island shall be provided at the end of each parkin¢ row and at intervals of every 15 parking spaces, on an avemee in a row, unless a planter strip is provided. vii. An appropriate mixture of evergreen and deciduous species shall be provided within the parking lot area. viii. Tree species that will selected shall achieve a parking lot coverage canopy to the satisfaction of the Director` applicant to provide information to the Director ef—GeiRffH A4y Develeprnext, demonstrating the parking lot canopy will be achieved in a reasonable amount of time. II Landscape for Proiects Subiect to Section 17.5 1.020 (Hillside Development). Landscaping and landscape design for hillside development projects shall comply with the requirements of Section 17.51.020 (Hillside Development) and the following: a. Landscape design. i. Landscape coverage and stabilization of graded slopes shall be selected and designed to be comvatible with surrounding natural vegetation. January 2013 1 DRAFT Other Proposed Changes Page 12 is • 0 Plant materials that require excessive water after becoming established shall be avoided. Native plant material or compatible, nonnative plant material shall be selected. it]. All plants shall be drought -resistant and shrubs shall be a minimum one gallon size. • _'e,.,. '.m.�-,.yd-welled unless otherwise approved by the Director. iv. All trees shall be minimum twenty-four (24) inch box, however. the Director may allow fifteen gallon on a case by case basis. b. Access easement areas a minimum of five (5) feet wide shall be provided for uphill and downhill slope maintenance areas and should be located no more than one thousand (1.000) feet apart. D. Tree Retention. I. Where healthy trees exist on a site, maximum effort shall be given for their retention. 2. The type and location of all existing trees of four (4) inch caliper or greater, as measured four and one-half (4.5) feet from the ground, shall be shown on plans submitted for antmoval. Any proposed removals shall be clearlv indicated. Oak trees are sub'ect to Section 17.51.040 (Oak Tree Preservation). . 3. To ensure that the tree retention is successful, the following requirements shall be met: a. All grading around existing trees shall be done by hand, unless othenvise approved by the Director. b. Cutting through woody roots shall not be allowed. C. All foundations shall step over maior roots. 4. No difference in grade shall be allowed at the base of the trees. 5. No construction resulting in injury or removal of trees. No construction shall be allowed that results in the iniury or removal of native or specimen tree unless approved by the Director. E. Water E%iicient Landscape. _ - - COnWnent [GP1S]: General Plan Implemenbtion For new landscape or landscape rehabilitation proiects subject to this section, the Estimated Applied Water Use (EAWU) allowed for the landscape area may not exceed the Maximum Applied Water Allowed (MAWA) calculated using an Evapotranspiration Adiustment Factor (ETAF) of 0.7, except for the portion of the MAWA applicable to any special landscaped areas within the landscape proiect, which may be calculated using an ETAF of 1.0. Where the design of the landscape area can be otherwise shown to be equivalently water efficient, the applicant may January 2013 1 DRAFT Other Proposed Changes Page 13 0 submit alternative or abbreviated information su rtin� the demonstration that the annual EAW U is less than the MAWA sub'ect to the review and a royal of the Director. F. Maintenance of Landscaping. I. Maintenance Required. a. Where a landscape plan is required, all installed landscaping shall be oemtanently maintained in compliance with this section. b. Once installed. no landscaping shall be removed, unless it is replaced with landscaping of a similar design, character, and coverage at maturity, to the satisfaction of the Director. C. Once installed, no landscaving shall be allowed to die: replacement shall occur in a timely manner. d. Once installed in a varking area or adiacent to a commercial building, all tree pruning activities shall meet the International Society of Arboriculture (ISA) pruning standards. In addition the property owner shall prune vegetation to maintain vehicle and pedestrian clearance. No trees shall be pruned to improve visibility of adiacent buildings or signage. 2. Homeowners' associations (HOAs) and assessment districts or other acceptable legal entities are required in Santa Clarita. All landscaped slopes not included within a landscape maintenance district (LMD) shall be maintained by an HOA or a property rights in such a maintenance district. 3. Maintenance shall consist of regular fertilizing, clearing of debris, trash and weeds, monitoring for nests and disease mowing, pruning, the removal and timely replacement of dead or dying plants, spraying, treating for disease or injury. waterim the repair and timely replacement of irrigation systems and integrated architectural features, or any other similar act(s) which promotes growth, health, beauty, and the life of plants, shrubs, trees, or turf. 4. With the exception of single-family residential units. If a tree is pruned to the extent that is detrimental to the life and health of the tree, as determined by the City arborist, the property owner is responsible to replace the tree with a similar and comparable tree. January 2013 1 DRAFT Other Pmposed Changes Page 14 0 • 0 • L 17.51.035 Noise Standard9. - Comment [GP161: General Plan Implementation SUBSECTIONS: A. Purpose. B. Applicability and Standards. A. Purpose. It is the purpose of this section to Provide standards for noise to all moerties and structures permitted within the City. The following Property development standards apply to all new development in residential, commercial, industrial, and mixed use areas. The noise levels shown are the maximum allowed and distances are minimums unless otherwise stated B. Applicability and Standards. The following shall be in addition to all requirements of Section 11.44.040 (Noise Limits): Comment IGP171: Genanl Plan Implementation 2. New single-family and multifamily residential units in areas where the ambient noise levels exceed 60 CNEL shall provide miti ation measures for the new residents to reduce interior noise levels to 45 CNEL, based on future traffic and railroad noise - _ _ _ - -I Comment [GP16I: General Plan Implementatbn 3. New single-family and multifamily residential units in areas where the groiected Iroise a Within one mile of Six Flags Magic Mountain theme park, potential buyers and renters should receive notice that noise may occasionally be generated from this facility and that the freouenev and loudness of noise events may change over time. b Within 1.000 feet of the railroad. potential buyers and renters should receive notice that noise may occasionally be generated from this facility and that the f couency and loudness of noise events may change over time. C. Within 200 feet of commercial uses in mixed use developments, potential have and renters should receive notice that the commercial uses within the mixed use January 2013 1 DRAFT Other Proposed Changes Page 15 _ - - Comment [GP191: General Plan Implementation --- Comment[GP20]: General Planlmpkmentatbn developments may generate noise in excess of levels twically found in residential areas, that the commercial uses may change over time and the associated noise levels and frequency of noise events may change along with the use. d. Within 1.000 feet of the Saugus Speedwav, in the event speedway operations are resumed in the future. 5. Private schools, childcare centers, senior housing, and other noise sensitive uses in areas where the ambient noise level exceeds 65 d8 da shall provide mitilzation measures to reduce interior noise to acce table IiMi _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Comment [GP21]: General Plan Implementatlon 6. Appropriate noise buffering between commercial or industrial uses and residential n_ei hborhoods and other sensitive uses shall be installed as required by the Review ______________________________ ___ __ CommentCGP2211 General Plan lmplerrenta4lon January 2013 DRAFT Other Proposed Changes Page 16 -- I Comment [GP23]: General Plan Implementatbn • �J • 11 17.51.050 (Outdoor Liehtine Standards SUBSECTIONS: A. Purpose. B. Applicability. C. Exemptions. D. Lighting Standards. A. Purpose. These regulations are intended to: I. Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enicyment. and commerce. 2. Conserve energy and resources to the greatest extent possible. 3. Minimize adverse off-site light trespass and/or obtrusive light. 4. Reduce light pollution and preserve the nighttime environment. 5. Protect the natural environment and the 2eneral vublic health safety and welfare from the adverse effects of excessive night lighting from electric sources. B. Applicability. I. New Lighting. Unless otherwise expressly stated this section shall apply to all new outdoor liehtine. Outdoor liehtine includes, but is not limited to all lighting fixtures 2 Reolacement Lighting. Unless othenvise expressly stated, the standards of this section apply whenever additions or replacements to existing outdoor lighting are installed, including upgrades and/or replacements to damaged or destroyed fixtures. C. Exemptions. The following lighting fixtures and systems shall he exempt from the reouirements of this section: I. Lighting fixtures within the Public right of way. 2. Lighting required by a health or life safety statute ordinance or regulation, including but not limited to, emergency lighting required by the Occupational Safety and Health Administration. 3. Tempomry lighting used by law enforcement or emergency services personnel to protect life or property. 4. Temporary liahtiniz used for the construction or repair of roadways, utilities and other Public infrastructure. January 2013 1 DRAFT Other Proposed Changes Page 17 CMnwWrt [GP24J: Gx nd Plan. Implementatbn 0 5. Lighting used in or for the VuMose of lighting swinuning pools,hot rubs decorative fountains, and other water features, subject to Article 680 of the California Electrical Code. 6. Temporary lighting for activities permitted by a temporary use permit. 7. Sign lightine(Refer to Section 17.51.080 (Sign Regulations)). 8. All outdoor light fixtures Producing light directly by combustion of fossil fuels such as kerosene lanterns, tiki torches, or gas lamps. 9. Spotlights and Flood lighting is vemitted for the nurpose of emphasizinp architectural accents or details on buildings sculptures, or landscaping, as long as such lighting does not create light trespass or obtrusive light. Such lighting shall be prohibited between the hours of midnight and sunrise if proiected above the horizon. 10. Liohtin> for public and/or yrivate facilities includine but not limited to orisons, airports, soors fields/plavfields, helipads/heliiports, and hospitals D. LL iehtim! S1andard$1 _ - Cramment [GP25]: General Plan lmplemennnon I. General kcguiremen6- b Li -ht Trespass. Lighting may not illuminate other properties and shall be directed downward to prevent off-site glare. d. Lighting Plan. Except for new and additions to single-familv residences applications for new buildings and building additions, and Proposed modifications shall include the location, fixture type. fixture height, and photometric information of all outdoor lighting and information about shut-off timers and hours of operation for outdoor lighting where required by this section for review and approval by the Director. 2. Requirements for Commercial Industrial. and Mixed Uses. All lighting shall comply with the following: January 2013 I DRAFT Other Proposed Changes Page 18 Comment [GP261: General plan Impiemeniaeon • r 1 LJ 0 6. Modifications. Modifications to the standards in this section shall be approved through Section 17.24. IN (Minor Use Permit). January 2013 1 DRAFT Other Proposed Changes Page 19 0 bethceen sundown and 10 p.m or one hour oast the close of the business_ whicheverishaterl. b. koursofOperation] _ i. Outdoor lighting shall be turned off between the hours of 10 p.m. and sunrise except where uses overate oast 10 p.m., lighting shall be turned off one hour after the close of business or use dimmers per subsection (2) (C), below. ii. All outdoor lighting systems shall install one or more of the following: (a) Automatic time switch controls used to tum lighting off after 10 p.m.: (b) Motion sensors used to tum on lighting after 10 p.m. when activity is detected. Such lighting shall remain on no longer than 10 minutes after being activated: or (c) In lieu of turning lighting off, automatic dimmers used to reduce light levels by a minimum of 50 percent after 10 p.m. iii. Exemptions. • (a) Code required lighting for steos. stairs. walkways, and points of ingress and egress to building and other facilities. (b) Lighting governed by a discretionary use permit in which times of operation are svecifically identified. 3. Requirements for Residential Sports Courts. a. Outdoor lighting for residential sports courts shall comply with the standards as set forth in Section 17.57.040 (Accessory Buildings and Structures) 4. Prohibitions. The following lighting fixtures and systems shall be prohibited: a. Droo down lenses: b. Mercury vapor lamps: C. Searchlights, laser lights or any other lighting that Flashes, blinks alternates, or moves. 5. Maintenance. Outdoor lighting fixtures and lamps shall be maintained in good working order. 6. Modifications. Modifications to the standards in this section shall be approved through Section 17.24. IN (Minor Use Permit). January 2013 1 DRAFT Other Proposed Changes Page 19 0 0 Chaoter 17.55 (Property Development Standards — Mixed Use. - - Comment [GP29]: General Plan ImPlementaemn SECTIONS: 17.55.010 Purpose. 17.55.020 Mixed Use Development Standards-. 17.55.030 Accessory Buildings and Structures. 17.55 040 Architectural and Design Standards. 17.55.050 Parking Standards. 17.55.060 Setbacks. 17.55.070 Walls and Fences. 17.55.010 Purpose. It is the purpose of this chapter to provide oroperty development standards to all proverties and structures permitted within mixed use zones These regulations encourage a mix of complementary residential and nonresidential uses in a manner that promotes healthy and walkable communities 17.55.020 Mixed Use Development Standards. The following, eneml oroverty development standards shall apoly to all properties and structures permitted in mixed use zones. A. General. I. �uildin£ Height.` Comment [GP30]: General Plan Implementation a. MXN Zone. Buildings and structures in the MXN zone may be Permitted and shall not exceed a height of fifty (50) feet. b. MXC and MXUV Zones. Buildings and structures in the MXC and MXUV zones, may be permitted a height of up to fifty (50) feet. Buildings and structures exceeding fifty (50) feet in height shall require approval of a conditional use permit. 3 Density ( Maximum and Minimum). As detemuned by Chapter 17.35 (Mixed Use Zones)._- , - - Comment [GP31): General Pian Implememauon Floor Area Ratid (Maximum and Minimum), As determined by Chapter 17.35 (Mixed__ Use Zones). January 2013 1 DRAFT Other Proposed Changes Page 20 COnLPMt [GP32]: General Plan Implementation . - - Comment [GP331: General Plan ImplemenCeeon • CI • Mmll'x Z.v R. .wZ— e: »r. nr� C� Figure 17.55 — I Daylight Plane Requirement 5. Driveways and Circulation. a. Driveway access shall be located no closer than one hundred fifty (1501 feet from the beginning of the curve of a street comer. C. All driveways shall have a minimum stacking distance of. i. Twenty (20) feet from the face of the curb, adjacent to a residential local collector. ii. _ Forty (40) feet from the face of the curb, adjacent to a secondary or maior highway. iii. One hundred (100) feet from the face of the curb, adjacent to a secondary or maior highway that has the Potential for a future traffic signal. iv. The length of the longest anticipated delivery vehicle, if the longest anticipated delivery vehicle exceeds the mjnimum stacking distances referenced in this section. d. Reciprocal ingress and egress, circulation. and Parking arrangements shall be required where feasible to facilitate the ease of vehicular movement between Other Proposed Changes Page 21 adjoining properties, to limit unnecessary driveways, and to create more cohesive. community -oriented development. 6. Trash Enclosure. Trash enclosure location(s) and access shall be designed to the satisfaction of the Director. Enclosures shall be conveniently located and designed to determined by the City. Trash enclosures shall be designed with a solid root, subject to the aooroval of the City. 7. For any mixed use development with a nonresidential use. or combination of nonresidential uses, with more than fifty (50) full time employees, a transportation demand management (TDM) program shall be submitted to and approved by the Director and/or the South Coast Air Ouality Management District (SCAOMD). Programs should include but are not limited to carpooling. van000ling, public and/or private transit, alternative work hours, walk to work and telecommuting. 8. Emolovee break areas, which may include facilities for shade, seating, eating and trash disposal shall be provided to the satisfaction of the Director. 9. Electrical vehicle charging stations may be required for new developments at the discretion of the Director. 10 All development adjacent to rail lines throughout the City shall be designed to be sensitive to the rail lines. It. Unless otherwise stated in Section 17.23.190 (Temporary Use Permit) of this Code, the occupancy of vehicles, including recreational vehicles, as a residence, temporary or permanent is prohibited in all mixed use zones. hearing and Commission review and approval. B Performance Standards. Other Proposed Changes Page 22 n • - - Comment [GP341: General Plan Implementation • 0 L J 9 2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with the City's noise ordinance. 3. Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable beyond the boundaries of the site. 4. Vibration. No use except a temvorary construction operation, shall be permitted which generates inherent and recurrent ground vibration verceotible without instruments at the boundary of the lot on which the use is located. C. J _ - - Comment [GP35]: General Pian Impiementstbn 1 Active recreation and passive leisure space should be provided for each residential -only 2. Public spaces shall be reouired and may include. but is not limited to, outdoor areas such as plazas outdoor dining areas, rooftop gardens and landscaped areas designed for active or passive use. 3 Open space shall be provided in areas that are not required setbacks, parking areas, driveways. services areas or unusable slope area. 4. Exterior public spaces shall be Provided throughout the proposed development. 5. The applicant may provide off-site oven space amenities or in -lieu fees to satisfy the open space requirements. 6 Landscaping shall be provided in open space and common areas throughout the mixed use development. D. Outdoor Displav of Merchandise. No merchandise, or anv portion thereof, shall be disvlaved on public orooertv: however merchandise may be disnlaved within the public right-of-wav if an encroachment permit has first been obtained from the City. Merchandise, except for vehicles shall not proiect more than four (4) feet beyond the store front. 3 Except for vehicles. merchandise shalt be disvlaved outside only during business hours. 4 The aggregate display area shall not exceed fifty (50) percent of the linear frontage of the store front or six (b) linear feet, whichever is greater. 5 Outdoor dining is encouraged where appropriate. January 2013 1 DRAFT Other Proposed Changes Page 23 causes a Public nuisance. 7. Required parking spaces shall not be used for disnlay. E Expansions and MoMeations of Developed Commercial Properties All expansions or modifications of permitted structures including accessory structures are subject to the following - 3. A cumulative expansion greater than fifty (50) Percent of approved building area for developed commercial properties may be permitted subject to the applicable entitlement(s), as determined by the Director. Such expansions shall be subiect to the development standards of the underlying mixed use zone 17.55.030 Accessory Buildings and Structures. design theme. exceed the maximum height of the zone in which it is located C. All utility connections shall be designed to coordinate with the architecmml elements of the January 2013 1 DRAFT Other Proposed Changes Page 24 0 0 i 0 • D. Above -ground utilities boxes telephone boxes, water lines, backflow preventers. cable boxes, or similar structures within public view shall be screened to the satisfaction of the Director. E. The use of metal storage containers shall be subiect to Section 17 23.190 (Temporary Use Permitl of this Code. 17.55.040 Architectural and De9lon Standards _ Comment [GP36): General Plan Implementaeon A. { rehitecfural Standards, _ - - Comment [GP371: GeMnl Plan Implementation I. Development shall comply with the City's Community Character and Design Guidelines. 2. Buildings shall include three hundred sixty (360) degree architectural - - - _ - _ - -I Comment [GP38): General plan Implementanon 3. Building materials shall be high quality, durable, and natural -appearing. 4. Buildings shall be oriented along street frontage. 5. The vertical plane of the building facade shall be broken up with a high level of articulation (e.g., proiecting entry or window features, recessed elements, tmnsoarent storefronts identifiable retail spaces and awning entrance canopies) especially at ground level. 8. For mixed use omiects that are over two stories in height. portions of the upper stories should be recessed from the front facade to reduce the overall massing of the building and to create varied building heights and sight lines. 9. Building scale and architectural massing of new projects should incorporate elements for a reasonable transition to adjacent existino or future developments B. VPedestrian Standp ds and Allernalive Transportation Ameniliesj Comment [GP39): Gerroral Plan lmplementatbn I. Proposed mixed use developments shall provide connectivity to existing and future trail systems. 2. Pedestrian pathways shall be orovided throughout the proposed development and should Promote a design that will nrovide a direct and safe access to adjacent land uses. January 2013 1 DRAFT Other Proposed Changes Page 25 0 3. Walkway connections to public sidewalks and transit stops (where available) shall be Provided. Decorative Paving shall be used to delineate pedestrian oaths that cross parking areas and driveways, to the satisfaction of the Director. 4. Required bus tumoutstsheltem shall be incorporated into the design of the from setback/landscape area. 17.55.050 Iparkin, Requirements] _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Comment [GP40I: General Plan Implementation Parking for mixed use developments shall be provided in the amount as indicated below, unless a minor use permit for a shared parking agreement is approved: B. For mixed use developments with one bedroom units or studios, parking shall be provided at a rate of one space per unit and 0.5 spaces for euest parking. Parking area shall be designated and covered Tandem parking may be permitted C. For mixed use developments Parking for the nonresidential component shall be provided at a rate of one space per two hundred (200) square feet. D. A parking analysis shall be required to determine the total number of parking spaces needed for a mixed use proiect. If changes to the uses occur at a future date, a new parking analysis will be • required to reflect the new uses. E. Residential guest Parking at a rate of 0.5 spaces per unit may be used to supplement the required parking spaces for the commercial component of the mixed use develooment. F. Subterranean parking will not be defined or counted as a building story or level and is encouraged in both vertical and horizontal mixed use beveloomentd._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ --------- - Comment EGP41.]: Genemi Plan Impromentation - - Cmnment [GP42I: General Plan Implementation 17.55.060 Setbacks. A. Parking Setback. A minimum five (51 foot wide tandscaoed setback shall be required where Parking areas are located adjacent to riehtof-way. except where they are located adjacent to a maior or secondary highway. where the minimum setback shall be increased to ten (10) feet. B. Building Setback. A minimum five (5) foot wide landscaped setback shall be required where buildings are located adjacent to a major highway, secondary highway. collector, and other streets. C. Structure Setback to Residence. A minimum twenty-five (25) foot structure setback shall be___- Comment IGP431: General Plan lmplamenratlon required where strictures are located adiacent to residential zones or uses. January 2013 j DRAFT Other Proposed Changes Page 26 0 0 E D. Patios and seating areas can be included in the street setback areas. E. Parking areas shall not be permitted within the required front setback. 17.55.070 Walls and Fences. two (42) inches) which blends in with the site's architecture. In instances where visible the public richt-of-wav, the wall shall be constructed with decorative materials. B. Access. A wall or fence shall not be constructed in such a manner so as to block or restrict vehicular access to a dedicated or implied dedicated alley, access or way. C. Prohibited Materials. Fiberglass sheeting. bamboo sheeting, chain link. black or ween fabric barbed wire. razor ribbon, or other similar temporary material shall not be permitted as a fencing material. In the case of temporary construction fencing for properties with an active building permit in good standing, black, green, or other colored fabric may be installed to the satisfaction of the Director. D. Construction Fence. Vacant property and orooerty under construction may be fenced with a maximum six (6) foot high, non -view -obscuring fence. January2013 I DRAFT Other Proposed Changes Page 27 17.51.010 Develooment Impact Fees. SUBSECTIONS: A. Jurisdictional Pass -Through Fees. B. Law Enforcement Facilities Fee. C. Library Facilities and Technology Mitigation Fee. D. Major Bridge and Thoroughfare Fees. E. Parkland Mitisation or In -Lieu Fee. F. Transit Facilities Mitigation Fee. A. Jurisdictional Pass -Through Fees benefits of governmental actions; Promote a distribution of population consistent with service system a Pass-throu-h fee. B. Lax Enforcement Facilities Fee. I. Purpose. The purpose of this subsection is: a. To implement goals and policies of the General Plan which includes goals and policies promote an equitable distribution of the costs and benefits of govemmental actions: promote a distribution of population consistent with service system capacity and resource availability; seek to maintain a balance between the need for public facilities: and give priority to upgmding existing public facilities in areas lacking adequate facilities: b. To mitigate adverse impacts due to the inadequacy of law enforcement facilities that might otherwise occur due to new developmenr and C. To comply with the Procedures for adoption of developer fees contained in the Mitigation Fee Act. (Section 66000, et seq. of the State Government Code). 2. Establishment of Law Enforcement Facilities Mitigation Fee. a. This subsection establishes a law enforcement facilities mitigation fee. The amount of the fee to be imposed on a new residential, commercial, office, and/or industrial development and shall not exceed the estimated reasonable cost of providing law enforcement facilities for such residential. commercial, office, and/or industrial development Proiects. January 2013 1 DRAFT Other Proposed Changes Page 28 0 E 0 0 3. Annual Review of Fee. a. The amount of the fees established by subsection (21. above. shall be reviewed annually by the Council, in consultation with the Sheriff. Each year. the law enforcement facilities fee shall be adiusted based on the Consumer Price Index (CPI) as determined by the Council and the fee shall adjust by said percentage amount and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of oroviding the applicable law enforcement facilities. Proiects have not been completed then the estimated cost of the proposed law enforcement facilities. The Proposal may also reflect chanties in the law enforcement facilities proposed as well as the availability or lack of other funds with which to Provide such facilities. • necessary to accommodate the law enforcement needs generated by the development of land in the Citv. 4. Applicability. a. The Provisions of this subsection shall avoly to new development projects including any new tract map, parcel map, discretionary Permit, building permit other land use permit, or other entitlement for a new development which requires approval by the City resulting in the issuance of grading building, plumbing, mechanical or electrical permits, or certificates of occupancy to construct or chan-e the use of a building, or Property for residential, commercial office and/or industrial use shall be approved unless payment of the law enforcement facilities mitigation fee is made a condition of approval for any such entitlement ownership and which new unit constitutes, in effect, an addition of 1.000 square feet, or more, when constructed, or an expansion of use of the previously improved parcel. Such fee shall be calculated upon the total square footage of new construction and paid by every Person or entity for which a building Permit is issued 0 January 2013 1 DRAFT Other Proposed Changes Page 29 5. Time of Payment of Fee. a. No building or similar permit for any new development oroiect shall be issued until the applicant has paid the applicable law enforcement facilities mitigation fee to the City. In the event that an applicant desires to proceed only with development of a portion of the development project, the applicant may obtain building permits for that portion of the oroiect after paving a proportional share of the total law enforcement facilities mitigation fee for the oroiect to the satisfaction of the Citv. b. Notwithstanding the provisions of subsection (5) (a), above, payment of the law enforcement facilities mitigation fee for projects for occupancy by lower income households meeting the criteria set forth in Section 66007(b)(2)(A) of the State Government Code shall not be required prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development whichever occurs first. Where payment of the fees may only be collected on the date of final inspection or the date the certificate of occupancy is issued as provided in this subsection, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the payment of the fee and shall be enforceable as provided in Section 66007 of the State Government Code. 6. Exemptions from Fee. The following shall be exempt from the Provisions of this subsection: a. Notwithstanding the provisions of subsection (4) (a), above, additions to residential structures that are less than 2.000 square feet in size shall not be subject to the fees otherwise required by this section b. No fee imposed by this subsection shall be imposed noon the issuance of building permit for the restomdon of existing buildings or buildings damaged by fire, or natural disasters such as earthquake, wind, or flood, where the replaced building, or portion thereof does not exceed the original gross floor area For purposes of this subsection. "gross floor area" shall be determined by the City Engineer, or his designee and excludes accessory structures such as decks, patios, barns. sheds. and kiosks. providing law enforcement facilities and for no other numose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected. January 2013 1 DRAFT Other Proposed Changes Page 30 0 • 0 8. Consideration in Lieu of Fee. a. The City may accept substitute consideration in lieu of the law enforcement facilities mitigation fee required pursuant to this section, provided the City finds that the Proposed substitute consideration: i. Has a value equal to or greater than the aoolicable law enforcement facilities mitigation fee otherwise due: ii. Is in a forth acceptable to the City: and iii. Is within the scope of the applicable law enforcement facilities proiect. b. The City may accent substitute consideration in lieu of a nortion of the law enforcement facilities mitigation fee required pursuant to this section where they find that the substitute consideration proposed is less than the value of the required fee but is in a form acceptable to the City and is within the scope of the applicable law enforcement facilities proiect Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration, as solely determined by the City, and the amount of the otherwise required fee law enforcement facilities attributable to and reasonably related to the development is authorized to impose as a condition to anoroving new development Pursuant to state and local laws. $2. The library facilities and technology mitigation fee is established by separate resolution of the Fity Council. January 2013 1 DRAFT Other Proposed Changes Page 31 0 Proposed substimte consideration: 449. The City Mana er or designee may accept substitute consideration in lieu of s Portion of the libra Manager or designee, and the amount of the otherwise required fee. 110. The provision referenced in subsection (914) of this section shall not prevent the execution of a reimbursement agreement between the City and a developer for that portion of the cost of library facilities, the need for which is generated directly or indirectly by a residential development Proiect or oroiects The Provisions of this section shall not be construed to limit the Power of the City to January 2013 1 DRAFT Other Proposed Changes Page 32 L 11 0 0 utilize any other method for accomplishing this purpose but shall be in addition to any other fees or requirements whieh—that the City is authorized to impose as a condition to approving new development pursuant to State and local laws. (04 ^^ ' '^""^^. W. ^< 1 < 2. 1,125,605. n_a ^c enc ori vnc� 4441-.-M D.Maior Bridge and Thoroughfare exd-BFidee-Fees. Al, A subdivider, as a condition of approval of a final mal) for property within an area of benefit, or a buildingpermit applicant, as a condition of issuance of a building pemvt for property within an area of benefit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways, and canyons. and/or constructina ma'orthorou hfares. @2. The provisions herein for payment of a fee shall apply only if the bride and/or ma or thoroughfare has been included in an element of the General Plan adopted by the Coy -Council at least thirty (301 des prior to the filing of a may or application for a building permit on land located within the boundaries of the area of benefit. 3C. Payment of fees shall not be required unless any major thoroughfares are in addition to or a widening or reconstruction of any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. 48 Payment of fees shall not be required unless any pinned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. $5. Establishing a new area of benefit4 a, Action to establish an area of benefit may be initiated by the Ciyv Council upon its own motion or upon the recommendation of the City Engineer. b2. The City Council will set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given pursuant to Section 65905 of the Government Code. F6. Process for a new area of benefit +a. At the public hearing. the G+tv-Council will consider the testimony. written Protests and other evidence. At the conclusion of the public hearing. the City Council may, unless a majority written protest is filed and not withdrawn, determine to establish an area of benefit. If established the C4Y-Council shall adopt a resolution describing the boundaries of the area of benefit setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified coyv of such resolution shall be recorded with the County Recorder. 2b. Such a ortioned fees shall be applicable to all property within the area of benefit and shall be the share of improvement cost apportioned to such lands from other sources 3c. Written protest will be received by the Clerk of the City Council at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement and sufficient Protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benef[ted. January 2013 1 DRAFT Other Proposed Changes Page 33 E 4d. If any maiority protest is directed against only a portion of the improvement. then all further proceedings under the provisions of this section to construct that portion of the improvement so Protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any Part of the improvement so Protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection 3`(51 of this section. 3e. Nothing in this section shall prohibit the City Council, which in such one-year period from commencinp and carrying on new proceedings for the construction of an improvement or portion of the improvement so protested against if it finds. by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such improvements or portion thereof 67. Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility Proiect and/or each planned maior thoroughfare project. If the benefit area is one in which more than one bridge and/or maior thoroughfare is required to be constructed, a separate fund may be established coverin- all of the bride proiects and/or major thoroughfares in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement semns the area to be benefitted and from which the fees comprising the fund were collected. or to reimburse the City for the costs of constructing thg improvement. #8. The Qty -Council may approve the acceptance of considerations in lieu of the payment of fees established herein. 39. The fitw-Council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility and/or maior thoroughfare funds established pursuant to this section JIO. If a subdivider, as a condition of approval of a subdivision is required or desires to construct a bridge and/or maior thoroughfare, the C4v-Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific proiect to reimburse the subdivider for costs not allocated to the subdivider's ororopertv in the resolution establishing the area of benefit. If the bridge and/or maior thoroughfare funds covers more than one Proiect, reimbursements shall be made on a oro rata basis, reflecting the actual or estimated costs of the proiects covered by the fund. 341 I. Except as otherwise provided in this document a building or structure shall not be used on any lot 612.This fee does not apply to the use alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto or both, on the same lot or parcel land, if the total value of such alteration, enlargement or construction does not exceed one-half of the current market value of existing buildings or structures on such lot or Parcel of land. 4F23/92 January 2013 1 DRAFT Other Proposed Changes Page 34 0 0 0 0 • C� J E. Parkland Dedication or to -Lieu Fee. section. However, only the payment of fees shall be required in subdivisions of fiftv (50) or fewer parcels, except that when a condominium project stock cooperative or a community apartment proiect exceeds fiftv (50) dwelling units, dedication of land may be required notwithstanding that the number of Parcels may be less than fifty (50). b. Any application for a building oemtit to construct or install one or more multiple -family dwelling 4445,820 2. General Standard. It is found and determined that the Public interest, convenience, health. Welfare. and safety require that a minimum of three (3) acres of property for each one thousand (1,000) persons residing within this City be devoted to neighborhood and community park recreational Purposes. The General Plan does state that a goal of five (5) acres of property for each one thousand (I 000) persons residine within this City be devoted to neighborhood and community park recreational purposes. When fees are required. they shall be deposited with the City Prior to the approval of the Parcel or final map and shall be disposed of pursuant to-Seeiie*464-5400 subsection (i ) below. 4444-."0 4. Determination of Land or Fee. Whether the City accepts land dedication or elects to require Payment of a fee in lieu thereof, or a combination of both. the determination shall consider the following: Al. The natural features, access. and Iocation of land in the subdivision available for dedication: 92. The size and shape of the subdivision and land available for dedication: G3. The feasibility of dedication: W. The compatibility of dedication with the- iwls General PI — "Pari._ and o___._.:__ crew°_.••; and. January 2013 1 DRAFT Other Proposed Changes Page 35 0 £5. The location of existing and proposed nark sites and -trails&a'..�,.s. Nothing in this subsection shall be interpreted to prohibit or limit in any manner, the City from determining the location and configuration of land to be dedicated The determination of the Qty -Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 46.+iB5B 5. Formula for Dedication of Land. Where a park or recreation facility has been designated in the o__i._ .._J Reefeati__ Ea__ � General Plan, and is to be located in whole or in part within the proposed subdivision or other project site to serve the immediate and future needs of the residents of the subdivision and/or oroiect the developer sabdiwdeFshall dedicate land for a local nark sufficient in size and topograRhv that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formulas: Average number of persons/unit 3 acres per Number of = minimum acreage dedication **=X 1,000 persons dwelling units CmnmeM [GP44)! General➢len implementation * Persons ver dwelling unh: The average number of persons per unit shall be as detennined by the latest State Department of Finance (DOF) population and housing estimates for the vlanning area x� tr�crn<� vr�Tmvn Iib. Fencing: or wall sub'ect to the aporoval of the Director of Parks Recreation and Communit Services, alone the property line of that portion of the subdivision contiguous to the dedicated land: and Cc. Improved drainage throughout the site. The land to be dedicated and the improvements to be made pursuant to this section shall be subiect to the satisfaction of the Director of Parks. Recreation and Community Services and shall conform to the subsection (1_) below. 16.15A64-6. Criteria For Reauirine Both Dedication and Fee. In subdivisions of more than fifty (50) parcels or the construction of 50 new multifamily units or the Placement of 50 additional mobilehomes., the subdivide developer may be required by the City to sahsfv January 2013 1 DRAFT Other Proposed Changes Paee 36 CI • 0 recreational facilities to serve the subdivision plus twenty (20) percent toward costs of off-site improvements that would have been required to be dedicated Pursuant to subsection (5) above. Imorovements). The fees shall be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the planning area serving the subdivision. 16.45,070 7. Amount of Fee in Lieu of Land Dedication. When a fee is to be Paid in lieu of land dedication: the value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to Seetion44+5A30 subsection (5) above plus twenty (20) percent toward the cost of off -sit improvements, such as extension of utility lines. The fee shall be determined by the following formula: DU x population x 3 acres x FMV =subtotal x 6/5 = in lieu fee DU 1,000 people Buildable acres 5 acres ver 1.000 persons`' Is encouraged 1 _ Comment [GP451: General Plan Implementation whey DU = the number of new dwelling units based upon the number of gareelg residential units indicated on the final map or development Plan when it is recorded and when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit Per Parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium Proiect, the number of new dwelling units shall be the number of condominium units In the case of a residential development without a subdivision, the number of dwelling units shall be that number of new dwelling units that is approved with the project approval. The tenn "new dwelling unit' does not include dwelling units lawfully in place prior to the date on which the parcel or final may or development plan is filed. Population= Population per dwelling unit pu FMV = Fair market value, as determined by- subsection (3) belowSeetieff4644-O90 January 2013 1 DRAFT Other Proposed Changes Page 37 • Buildable acres = A typical acre of the— project sitesa§dwisien, with a slope less than three (3) percent, and located in an area where building is not excluded because of flooding easements or other restrictions. 4 x.15:080 8. Determination of Fair Market Value. Aa. If it is determined by the City that a fee is to be Paid in lieu of dedication of land, the amount of the fee shall be based on the fair market value of the amount of land which would otherwise be required to be dedicated. The amount shall be determined in accordance with the following formula: number of acres of land that would otherwise be required to be dedicated multiolied by the average fair procedure: 4i. The City and the subdivider- developer may negotiate and thereafter agree as to the avenge fair market value iii. If agreement cannot be reached a subdividerdeveloper may, at its own expense, obtain an appraisal of the land by a certified Member of Appraisal Institute (MAI) real estate appraiser, which avvmisal may be accepted by the City if found to be reasonable: or 3iii. 1f the City is not satisfied with the subdividers -developer's aoomisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the developersebdivider pays, which appraisal shall utilize generally accepted and recognized methods of real estate appraisal. 6c. Unless a-sabdivi developer retains its own appraiser. the City's initial determination of avenge fair market value, as provided for in subsection (8)(1) of this section, shall be final and conclusive. If the City does not accept a &ubdivideila developer's appraisal, its subsequent appraisal, pursuant to subsection (b@)(iii3) of this seetiensubsection. shall be final and conclusive. 16.15.090 9. Credit for Private Ogen Space. Credit shall not be elven for vrivate open space in the subdivision or moiect site except as hereinafter provided. Where private oven s ace usable for active recreational purposes is Provided in a provosed planned development, real estate development. stock cooperative, community apartment project, or condominium proiect as defined in Section 11003 et seq. aodn..d-1400-.T' ^^'^ 1 of the Business and Professions standards are met: developer or a homeowners' association comoosed of all proverry owners in the subdivision and incorporated as a nonprofit mutual benefit organization under State law, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member, and each lot is subiect to a charge for a Proportionate share of expenses for maintaining the facilities: Ca-. Use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor and which are submitted to the City prior to the approval of the Parcel or final mar) or building vermin January 2013 1 DRAFT 3ther Proposed Changes Page 38 0 • 0 n u • 0 9d. The pronosed private open space is reasonably adaptable for use for park and recreation yurposes, taking into consideration such factors as size, shape, topography. geology, access and location' recreation improvements that will meet the specific recreation needs of future residents of the area: -H. Recreational open spaces, which are generally defined as parks areas for active recreation pursuits, such as soccer, golf baseball, softball, and football, and have at least three acres of maintained turf with less than three (3) percent sloes $ii. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development. 3iii. Court areas, which are generally defined as tennis courts, badminton courts shuffleboard courts population of the subdivlsjerfdevelooment with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the Pool. 44 10. Disposition of Fees. Fees determined pursuant to Seetien--}6-F3-07Qsubsection (7) above shall be paid to the City and deposited into the sub�account for the purchase or development of parklands or its successor. Money in said account, including accrued interest, shall be expended solely for the acquisition or development of park land, or improvements related thereto or rehabilitating existing park or recreational facilities within the planning area. If the yofe4�development Proiect is refected or withdrawn, the fees shall be returned without interest to the subdividerapplicant. The City shall use the collected fees for park or recreational imposes to serve residents of the record owners of the subdivision in the same proportion that the size of their let -parcel bears to the total area of all lots- parcels in the snbdivisienproiect. The ^�^��..-�T;.,a.,----- Director of Administrative Services shall report to the City Council at least annually on income, expenditures, and status of the subdivision nark trust fund 464444011. Exemptions. Subdivisions containing less than five (5) oarcels and not used for residential pumose shall be exempted from the requirements of this ehaeter section: provided, however, that a condition shall be placed on the approval of a tentative parcel mat) that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four (4) Years after the mat) is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such building pemtit. The provisions of the ehapwa section do not apply to commercial or industrial subd'visions: nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in January 2013 1 DRAFT Other Proposed Changes Page 39 an existing apartment building which is more than five (5) years old when no new dwelling units are added. L ' �9 12. Subdi"de Devclover Provided Park and Recreation Improvements. The value of my park and recreation improvements together with my equipment rovided by the sabd 4dee-developer to the dedicated land, with the excetion of those non -park and recreational improvements required as conditions of approval shall be credited against the fees or dedication of land required by this chapter. The "'- ^�,.--- ----.400rovino Authority reserves the right to approve the Park and recreation improvements and equipment rior to agreeing to accept the dedication of land and to require in -lieu -fee Payments should the land and improvements be unacceptable. 46444-3913. City to Accept Land and Fees. Land or fees required under this ehaetemection shall be conveyed or paid directly to the City. The City shall develop and make available for public inspection a schedule specifying how, when and where it will use the land or fees, or both, to develop Park or recreational facilities to serve residents of the subdiwisi Proicct site and Planning area 46.4444914. Access. All land offered for dedication to local park or recreational purposes shall have access to at least one existing or Proposed public street. The Approving Authority may waive this This requirement may -he -" L. 't- P'...._,_.- "---'--'-- if it determines that public street access is unnecessary for the maintenance of the Park area or use thereof by residents. "',04&.45015. Sale of Dedicated Land. If, during the ensuing time between dedication of land fora�rkpurposes and commencement of firs[ - stage develooment, circumstances arise which indicate that another site would be more suitable for local Park or recreafional Purposes serving the sobdivisieyroiect site and the neighborhood (such as receipt of a gift of additional Park land or a change in school location), the land may be sold or exchanged upon the approval of the 044 -Council with the resultant proceeds from the sale, if applicable, being used for purchase of the more suitable site. F. Transit Facilities Miliegtion Fee. 1. Purpose. The purpose of this section is: a. To implement goals and policies of the General Plan which includes goals and Policies promote an equitable distribution of the costs and benefits of governmental actions: promote a distribution of population consistent with service system capacity and resource availability: seek to maintain a balance between increased intensity of develooment and the capacity of needed Public facilities: and give priority to upgmding existing public facilities in areas lacking adequate facilities: b To mitigate adverse impacts due to the inadequacy of transit facilities that might otherwise occur due to new residential development: and C. To comoly with the procedures for adoption of developer fees contained in the Mitigation Fee Am (Section 66000, et seq. of the State Government Code). Other Proposed Changes 0 • 0 9 January 2013 1 DRAFT Other Proposed Changes Page 41 0 2. Establishment of Transit Facilities Mitigation Fee a. This section establishes a transit facilities mitigation fee The amount of the fee to be imposed on a new residential development and shall not exceed the estimated reasonable cost of providing transit facilities for such residential development projects. b. The transit facilities mitigation fee shall be a unifonn fee within the City zone based on the estimated cost of providing the proiected transit facility needs. 3. Annual Review of Fee. a. The amount of the fees established by subsection (B), above shall be reviewed annually by the Council. Each year, the transit facilities fee shall be adiusted based on the Consumer Price Index (CPI) as determined by the Council and the fee shall adiust by said percentage amount and round to the nearest dollar. No adjustment shall result in a fee that is greater than the amount necessary to recover the cost of providing the applicable transit facilities b. If it is determined that the reasonable amount necessary to recover the cost of Providing the transit facilities exceeds the fee as adjusted by subsection (C) ( I) above, an alterative fee proposal may be presented to the Council for consideration. Such alterative fee proposal may reflect changes in the actual • cost of completed transit facilities projects or, if such t)roiects have not been completed, then the estimated cost of the proposed transit facilities. The proposal may also reflect clmanges in the transit facilities proposed as well as the availability or lack of other funds with which to provide such facilities. C. An alternative fee proposal may be presented to the Council for approval as may be necessary to insure that the transit facilities mitigation fee is a fair and equitable method of distributing the costs of the transit facilities necessary to accommodate the transit needs generated by the development of land in the City 4. Applicability. a. The provisions of this section shall apply to new residential development proiects including any new tract mat), parcel may, discretionary permit. building permit, other land use Permit or other entitlement for a new development which requires approval by the City resulting in the issuance of grading building plumbing mechanical or electrical Permits or certificates of occupancy to construct or change the use of a building, or property for residential commercial office, and/or industrial use shall be approved unless Payment of the transit facilities mitigation fee is made a condition of approval for any such entitlement. b. Additionally, the fees Provided for in this section shall be imposed upon a lot which has been previously improved with a building unit whenever a building permit is issued for a new building unit on an adioinine lot under common ownership and which new unit constitutes in effect, an addition of 2.000 square feet, or more, when constructed or an ext)ansion of use of the Previously January 2013 1 DRAFT Other Proposed Changes Page 41 0 improved parcel. Such fee shall be calculated upon the total square footage of new construction and paid by every person or entity for which a building permit is issued. 5. Time of Payment of Fee. of the total transit facilities mitigation fee for the project to the satisfaction of the City. Government Code shall not be required Prior to the date of the final inspection or the date the certificate of occupancy is issued for the first unit in the development, whichever occurs first. Where navment of the fees may only be collected on the date of final inspection or the date the certificate of occuoancv is issued as provided in this subsection, execution of an agreement to pay the required fee or applicable portion thereof within the time specified herein shall be a condition of issuance of the applicable building or similar permit. Such agreement shall constitute a lien for the Payment of the fee and shall be enforceable as Provided in Section 660007 of the State Government Code. 6 Exemptions from Fee. The following shall be exempt from the provisions of thio subsection: a. Notwithstanding the provisions of subsection (4) (a), above, additions to residential structures that are less than 2.000 square feet in size shall not be subject to the fees otherwise required by this section. b. No fee imposed by this Section shall be imposed upon the issuance of building permit for the restoration of existing buildings, or buildings damaged by fire or natural disasters such as earthquake. wind, or flood, where the replaced building, or Portion thereof, does not exceed the original gross floor area. For purposes of this subsection, "gross floor area" shall be determined by the City Engineer, or his designee and excludes accessory structures such as decks. Patios, hams, sheds, and kiosks. used exclusively for the Purpose of land acquisition, engineering, construction, installation purchasing. or any other direct cost of providing transit facilities and for no January 2013 1 DRAFT Other Proposed Changes Page 42 0 • L J • 0 other purpose. All interest income earned shall be credited to each account, and shall be used solely for the purposes for which the fee was collected. 8. Consideration in Lieu of Fee. i. Has a value equal to or greater than the applicable transit facilities mitigation fee otherwise due: ii. Is in a form acceptable to the City: and iii. Is within the scone of the applicable transit facilities oroiect. in a form acceptable to the City and is within the scope of the applicable transit facilities proiect. Such substitute consideration may be accepted by the City only after payment of an amount equal to the difference between the value of the substitute consideration. as solely determined by the Citv. and the amount of the otherwise required fee facilities attributable to and reasonably related to the development. to impose as a condition to approving new development Pursuant to state and local laws. Other Proposed Changes Page 43 474SM 17.51.070 Road Dedications and Improvements:., o r -T ..-�,a Z-_.... SUBSECTIONS: A. Bonds and Insurance. B. Legislative Provisions. C Road Dedications and Improvements A. Bonds and Insurance. I. Bond or Assignment of Savings and Loan Certificates or Shares Required When. When one or more conditions are attached to any grant, modification or appeal of a zone the Council in a prescribed amount for the purpose ofuy arauteeing the faithful performance of conditions placed on the approval. 2. Procedure for Assignment of Savings and Loan Certificates or Shares. Where savings and loan certificates or shares are deposited. they shall be assigned to the City subiect to all provisions of the Municipal Code. a. If the bond is filed, it includes as obliges all such persons: or b. If money, savings and loan certificates or shares are deposited. such owners also file an agreement in writing with the City Clerk that the City may satisfy in whole or in part from such deposit any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance. B. Legislative Provisions. I. Continuation of Existing Law. The provisions of this Code, as long as they are substantially the same as the provisions of any ordinance, or morons of any ordinance repealed by provisions codified in this section, shall be constmed as restatements and continuations of these ordinances, and not as new enactments. 2 Zone Exception—Deemed Variance When. Where a zone exception granted by action of the Los Angeles County prior to November 5. 1971 may be granted as a variance under the Present provisions of this Ordinance, it shall be deemed a variance 3. Zone Exception—Considered Nonconforrnine Use When. In all cases other than as provided in subsection (4) below, where a zone exception was granted by action of the Review Authority prior to November 5. 1971, such use shall be considered a nonconforming use under the provisions of this Code. provided: January 2013 1 DRAFT Other Proposed Changes Page 44 0 • 0 • 0 a. That such uses shall remain in compliance with and subject to all limitations and conditions imposed by such gmnt and b. That all provisions governing nonconfonnine uses not in conflict with the limitations and conditions of such grant shall apply. 4. Zone Exception Considered Conditional Use. Notwithstanding the Provisions of subsection (C)above, where a zone ezcention, granted by action of Los Angeles County prior to November 5. 1971, may be granted as a Class IV avplication under the present Provisions of Code, it shall be deemed a Class IV Permit. 5. Rights Under Existing Approval Not Affected. Norights given by any pennit,license or other approval under any ordinance revealed by the provisions of this section are affected by such reveal, but such rights shall hereafter be exercised according to the nrovisions of this Code. n _ Convictions for Crimes Any conviction for a crime under any ordinance which is revealed by this section, which crime is continued as a Public offense by this Code constitutes a conviction under this Code for any purpose for which it constituted a conviction under such repealed ordinance. 7. Repeal Does Not Revive Any Ordinance. The repeal of anv ordinance amending this Code shall not revive any amendment adopted prior to the repealed ordinance amendment. C. Road Dedications and Improvements. 132. Exemptions—Existing Buildings and Structures. This section shall not apply to the use, alteration or enlargement of an existing building or structure, or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land if the total value of such alteration, enlargement, or construction does not exceed one-half (1/2) of the current market value of all existing buildings or structures on such lot or Parcel of land as determined by the Building Oficial. Q. Exceptions—Proposed Buildings or Structures. This section shall not apply to the following buildings or structures: +a. Accessory agricultural buildings where used primarily for agricultural numoses. including but not limited to: barns, and stables. 2b. Temporary uses a§ prescribed by this eedeCode. 3c. Other similar uses which, in the opinion of the Director, will not generate a greater volume of traffic than the uses enumerated in this subsection. January 2013 1 DRAFT Other Proposed Changes Page 45 Lior Thoroughfare and Bride Fees) 44.214-1 "" unless the required district fee has been paid as a condition of issuing a building Permit. €5. Dedication Standards. Alleys, streets and highways shall be dedicated to the width from the centerline specified in this Ceode and including comer cutoffs specified in Section 16 11.030 (Ritzhts of Wav) extent that dedication in any case shall not be required to such an extent as to reduce the area or width of any lot or parcel of land to less than that specified in this Ceode unless approved by Section 17.24. 100 (Ad i ustment) or Section 17 25.120 (Variance) F6. Improvements. Before a structure subject to the provisions of this section may be used, curbs, Putters, sidewalks, base, pavement, street lights, street trees and drainage structures, where required. shall be constructed at the uade and at the location specified by the City Engineer, unless there already exists within the present riaht-of-way, or on Property the owner has agreed to dedicate. curbs, gutters, sidewalks base, pavement, street lights, street trees or drainage structures which are adequate, and the City Engineer so finds. Sidewalks shall be not less than four (4) feet in width unless the available portion of the highway or street is less, in which case they shall be the width specified by the City Engineer. Curbs, gutters, drainage structures, base, pavement, street lights street trees and sidewalks shall comply with the standards of the City Engineer. All construction within the existing or Proposed road right-of-way shall be done under provisions of Title 13of the Municipal Code. 4a. 1 .. y shall be installed11 ..e,.. _e..:A....t:..1 .l e. -..I .._... e..r TL.,.. ...1,....,.....6..11 6e :....r.,L1eA L,en.,e.... the .....L and side%alk and shall be five 11 3 Under -rounding of Utilities. All new and existing utilities shall be located underground, including along project street frontage. When locating utilities underground is not possible, they shall be screened from view to the satisfaction of the , mealCity Engineer. 67. Agreement to Dedicate. In lieu of dedication. the City Engineer may accept an agreement to dedicate signed by all persons having any right, title or interest in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged, and the City Engineer shall record such agreement with+n-theektieeet-the County ° Recorder -'L'�,,.;�.,.^--^ 448. Agreement to Improve—Contents—Completion of Work by City Authorized When—Costs. 4a. In lieu of the required improvements, the City Engineer, at their discretion, may accent from any responsible person a contract to make such improvements. Said improvements shall be completed within the time specified in the agreement to improve except that the City Engineer may grant such additional time as he deems necessary if, in the opinion of said City Engineer. a good and sufficient reason exists for the delay. .2b. Such contract shall be accompanied by a deposit with the City of a sum of more: bonds of SWAVaS and Was Of . The owners thereof shall assign such certificates or shares to the City of Santa Clarjta, and such deposit and assignment shall be subject to all the provisions and conditions of this Ceode 3c. If the estimated cost of the improvements equals or exceeds one thousand dollars ($1,000), in lieu of such deposit the applicant may file with the City a corporate surety bond guarantecin the adequate completion of all of the improvements in a penal sum equal to such estimated cost 4d. Upon the failure of said responsible person to complete any improvement within the time specified in an agreement. the City may upon notice in writing of not less than ten (10) days served upon the person, firm or corporation signing such contract or upon notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of the person, firm or comoration signing such contact, determine that said improvement work or any part thereof is incomplete, and may cause to be forfeited to the City such portion of deposits January 2013 1 DRAFT Other Proposed Changes Page 46 0 • 0 0 0 0 er4eed- given for the faithful performance of said work, or may cash any instrument of credit so deposited in such amount as may be necessary to complete the imorovement work 69 Modifications. +aThe City Engineer may grant a modification to the provisions of this section and relieve the applicant either from compliance with all or a portion of the provisions thereof ifheAhe-fifi thev find: ai Property adjoining on both sides of the subject property is developed with lawfully existino buildings or structures which, were they not already existing, would be subiect to the provisions of this section and the requirement to dedicate pave or improve would require fiadsthev find: ai There is in existence or under negotiation a contract between the City and a contractor to install the required imymvements: or bii. The City Engineer is unable to fumish grades within a reasonable time: or eiii. The required construction would create a drainage or traffic problem: or div. The construction wilt be isolated from a continuous roadway which may not be improved for many years: or ev. There are in existence partial improvements satisfactory to the City Engineer. and he deomthey deem the construction of additional improvements to be unnecessary or to constitute an unreasonable hardship. other fee collected or imposed by any other City ordinance or regulation. Other 47 CITY OF SANTA CLARITA STAFF REPORT THE UNIFIED DEVELOPMENT CODE UPDATE MASTER CASE NO. 13-009 UNIFIED DEVELOPMENT CODE UPDATE 13-001; ZONE CHANGE 13-001; INITIAL STUDY 13-001 DATE: March 19, 2013 TO: Chairperson Eichman and Members of the Planning Commission FROM: Jeff W. Hogan, AICP, Planning Manager CASE PLANNER: James Chow, Associate Planner LOCATION: Citywide APPLICANT: City of Santa Clarita REQUEST: The City of Santa Clarita is proposing a comprehensive update to the Unified Development Code (UDC Update), which includes text amendments to Chapter 16 (Subdivisions) and Chapter 17 (Zoning) of the Municipal Code, as well as an update to the zoning map, to ensure consistency with the General Plan, as required by State law. PURPOSE OF THE MEETING The purpose of this meeting is to provide the Planning Commission with an introduction and overview of the proposed project and to allow public input on the proposed changes to the Unified Development Code (UDC). It is also the purpose of this meeting to establish the following public hearing schedule for this project: March 19, 2013 Provide an introduction and overview of the UDC Update; conduct Public Hearing; receive comments from the public and the Commission; and continue the public hearing. April 16, 2013 Conduct continued public hearing; provide responses to Commission and public comments/concerns; close public hearing; address final project issues and provide recommendation to City Council. May — July 2013 City Council Public Hearings Master Case No. 13-009 March 19, 2013 Page 2 of 16 General Plan Adoption After the City of Santa Clarita incorporated in 1987, the City undertook preparation of its first General Plan, which was adopted in June 1991 and would serve as the City's blueprint for planning and development for the next twenty years. For its first comprehensive update of the General Plan, the City collaborated with the County of Los Angeles to provide for comprehensive planning of the Santa Clarita Valley. After several years of outreach and planning, the City Council adopted the new Santa Clarita General Plan (General Plan) on June 14, 2011, by adoption of Resolution No. 11-63. The new General Plan provides a vision that will guide future development of the City through a set of goals, objectives and policies, outlined in each of the elements of the plan. The General Plan also includes implementation measures discussing how these goals, objectives and policies will be carried out to achieve the intended goals of the plan. One of the key General Plan implementation measures is to update the current Unified Development Code and zoning map to ensure consistency with the new General Plan. UDCAmendments and Comprehensive UDC Update The City of Santa Clarita Unified Development Code was originally codified in 1992, following the adoption of the City's first General Plan. Since codification of the City's UDC, numerous amendments to the Code have been adopted by the City, in order to address applicable new State planning laws and local planning related issues, as they arose. As was required in 1992 following adoption of the City's original General Plan, State law requires local jurisdictions to bring their zoning ordinances into compliance with their newly adopted general plans. Pursuant to Government Code Section 65860, zoning ordinances shall be amended to ensure consistency with a newly adopted or amended general plan. Since the adoption of the General Plan in June 2011, City staff has been working on a comprehensive update of the UDC that implements applicable General Plan policies and new State zoning laws and bills. The proposed UDC Update was also prepared to implement Community Development Director's policies, to address comments raised by the public, and to make the UDC a more user-friendly document. A comprehensive review of the UDC was conducted and a summary of proposed amendments can be found below, in subsection (6) of the Project Description. State Zoning Laws and Bills A number of State zoning laws have been enacted or updated in recent years that require local jurisdictions to update their development codes to ensure consistency with these legislative acts. The following is a list these laws. Master Case No. 13-009 March 19, 2013 Page 3 of 16 Assembly Bill 1881 (AB 1881) —Water Efficient Landscape Ordinance Assembly Bill 1616 (AB 1616) — Homemade Food Act ■ Senate Bill 520 (SB 520) — Reasonable Accommodations A complete description of these laws and summary of proposed UDC amendments that address laws passed by State legislature can be found below, in subsection (3) of the Project Description. Planning Commission Study Sessions On November 15, 2011, the Planning Commission conducted the first of two study sessions on the UDC Update to review policies of the General Plan and implementation of these policies in the UDC Update. On June 19, 2012, the Planning Commission held a second study session on the UDC Update. At this study session, the Commission received a progress report from staff on both the UDC Update and the Lyons Corridor Plan projects. General Public Outreach Meetings At the onset of the project, staff conducted two public outreach meetings on October 27, 2011 and November 2, 2011, to solicit feedback from the general public on the UDC. Planning staff also conducted a series of meetings with members of the business and development community to solicit feedback from them regarding the UDC. A summary of these comments, and how the comments were addressed in the UDC Update, can be found below, in subsection (5) of the Project Description of this staff report. Following the release of the public draft of the proposed UDC Update on January 28, 2013, staff conducted additional public outreach meetings, in February 2013, to summarize and receive comments on the proposed UDC amendments. An overview of these comments can also be found below, in subsection (5) of the Project Description. PROJECT DESCRIPTION/ANALYSIS Summary The proposed project is a comprehensive update to the City of Santa Clarita UDC that was prepared by City staff, in coordination with the City Attorney's Office. The project consists of text amendments to the UDC and an update of the zoning map, in order to achieve consistency with the City's General Plan, as required by State law. Amendments are proposed in order to implement applicable policies of the General Plan, to incorporate new State zoning laws, to make user-friendly improvements to the UDC, and to comprehensively update the UDC. The UDC Update includes but is not limited to amendments to administration, definitions, grading, hillside development, overlay zones, parking standards, land use permit requirements, property development standards, sign standards, and subdivisions. Master Case No. 13-009 March 19, 2013 Page 4 of 16 Project Components The proposed project can generally be categorized into six components, which include the following: ■ Zoning Map/Designation and Overlay Map Update ■ General Plan Policy Amendments ■ State Zoning Laws and Bills • User-friendly Improvements • Public Comments Received • Summary of UDC Updates by Chapter Each of these project components are discussed in detail below (1) Zoning Map and Overlay May Update Zoning Map Update and Zoning Designation Summary With the adoption of the General Plan and the General Plan Land Use Map, an update of the zoning map is necessary to ensure consistency between the General Plan and Unified Development Code. Whereas the General Plan Land Use Map describes and designates the distribution of land uses by type, location, and intensity through a set of policies, the zoning map implements these policies by establishing zones and standards applied to property within the City. The proposed zoning map update (Attachment C) reflects and implements the General Plan Land Use Map and includes the following zoning categories. A description of these designations and their respective development standards can be found in Division 17.30 (Zones) of the UDC Update. • Non -Urban Zones (Non -Urban 1 through Non -Urban 5) • Urban Residential Zones (Urban Residential I through Urban Residential 5) • Commercial and Industrial Zones (Community Commercial, Neighborhood Commercial, Regional Commercial, Business Park, and Industrial) • Mixed Use Zones (Mixed Use Corridor, Mixed Use Neighborhood, and Mixed Use Urban Village) • Open Space Zones (Open Space, Open Space — Agriculture, Open Space — National Forest, Open Space — Bureau of Land Management. • Public/Institutional Zones • Specific Plan and Corridor Plan Zones Overlay Map Update In addition to updates of the zoning map, updates to the overlay map (Attachment D) are proposed to implement the General Plan. Proposed updates to the overlay map include the following: Master Case No. 13-009 March 19, 2013 Page 5 of 16 • MHP — Mobilehome Park Overlay o Supersedes the two existing mobilehome park zone locations (Cordova and Greenbrier mobilehome parks). ■ MOCA — Mineral/Oil Conservation Area Overlay o Updated to include properties where mineral/oil uses exist and were not previously identified (northeast of Interstate 5 and Newhall Ranch Road). • MU — Mixed Use Overlay o Updated to reflect and implement the General Plan mixed use overlay map (Exhibit L-3). • RP — Ridgeline Preservation Overlay o Updated with new mapping technology to accurately reflect precise ridgeline locations. ■ SEA — Significant Ecological Area Overlay o Added to reflect and implement the General Plan map for significant ecological areas (Exhibit CO -5). ■ No changes are proposed to the following overlay zones: o HS — Homeless Shelter Overlay o MR — Movie Ranch Overlay o PD — Planned Development Overlay o VDS — Vehicle Dealer Sales Overlay o VS— Vehicle Services Overlay (2) General Plan Policy Amendments Another component of the proposed project is UDC amendments that are a result of implementing General Plan policies. In order to achieve consistency with the General Plan, amendments to the UDC are proposed to implement applicable policies of the General Plan. Within the public review draft of the UDC Update (Attachment B), comment balloons are provided to indicate proposed UDC amendments that implement the General Plan. Furthermore, in subsection (6) (Summary of UDC Updates) below, General Plan policy references have been provided to indicate how these policies are implemented by the UDC Update. (3) State Zoning Bills and Laws As mentioned above, several State zoning laws have been enacted that require local jurisdictions to update their zoning codes. The following includes a description of the proposed UDC amendments that address these new laws. Assembly Bill 1881 (AB 1881) — Water Efficient Landscape Ordinance Commonly known as the State's Model Water Efficient Landscape Ordinance, AB 1881 requires local jurisdictions to adopt this ordinance or update their local landscaping ordinance to implement measures to promote the conservation and efficient use of water for landscaping. As part of the UDC Update, proposed changes to incorporate AB 1881 can be found in Section 17.51.030 (Landscaping and Irrigation Standards). Proposed amendments specific to AB 1881 Master Case No. 13-009 March 19, 2013 Page 6 of 16 include but are not limited to setting limits on the amount of water usage, requiring water conserving equipment, and encouraging the use of drought -tolerant and low water -use plants. Assembly Bill 1616 (AB 1616) —Homemade Food Act Assembly Bill 1616 was signed into law by the Governor in 2012 and requires local jurisdictions to allow certain foods (jams, jellies, and certain baked goods) to be made in and sold at a residence. AB 1616 gives local jurisdictions the discretion to permit these home-based cottage food operations by right or require a discretionary permit for these uses. To incorporate this law, staff proposes a set of performance standards in addition to requiring an administrative permit to regulate cottage food operations. These proposed requirements can be found in Section 17.66.025 of the UDC Update. Senate Bill 520 (SB 520) — Reasonable Accommodations Senate Bill 520 amended State housing element law and required local jurisdictions, as part of their housing element updates, to establish programs that remove governmental constraints and provide reasonable accommodations for persons with disabilities to obtain access to housing. Program H 5.1 of the Santa Clarita Housing Element states that the City will amend the UDC to create an administrative procedure whereby property owners and residents can apply for a reasonable accommodation for changes to make housing accessible to persons with disabilities. To implement this program, Section 17.23.180 of the UDC Update is proposed and creates an administrative procedure to afford individuals with a disability equal opportunity to enjoy a residential use. (4) User -Friendly Improvements As part of the effort to improve the UDC and in response to suggestions received from the general public, a number of user-friendly improvements have been incorporated into the UDC Update. A summary of these user-friendly improvements are provided below: • Procedural regulations have been updated for more efficient administration of the Code. • The numbering and formatting system for Title 17 has been updated and improved for more efficient use. Graphics have been updated and modernized to illustrate development standards. • Three chapters (definitions for use classifications, the Permitted Use Chart, and parking requirements) are consolidated into one location (Division 17.40 (Use Classification and Required Parking)). • Definitions (found in multiple locations in the UDC) have been consolidated into Chapter 17.11 (Definitions). Master Case No. 13-009 March 19, 2013 Page 7 of 16 • Topics are logically grouped into distinct divisions, chapters, and sections; alphabetized where applicable. • A new matrix is provided to illustrate and simplify signing requirements. (5) Public Comments Received The following is a list of comments received during the initial public outreach efforts in the Fall of 2011 and a summary of how staff has addressed these comments in the UDC Update. Consider methods to streamline the project review and approval process. Several changes were identified and have been proposed that could streamline the project review process. Refined procedures for application filing and project review. Various updates have been proposed that would improve the efficiency of administering the Code. These updates are summarized in subsection (6), Chapter 17.01 1 Administration. Expanded hearing officer role. Administrative hearings before the hearing officer are currently used for only requests for hearings of sign variance applications. Staff is proposing to expand this process to include reviews of requests for hearings of adjustments and minor use permits, which currently require public hearings before the Commission. This change would expedite the hearing process and allow projects to be heard sooner, before the hearing officer. Decisions by the hearing officer would still be appealable to the Commission. One additional one-year time extension. Once the initial approval period for permits expires, applicants are currently allowed one one-year time extension. Staff proposes a change to allow applicants one additional one-year time extension to activate their planning entitlements. • Need to find ways to make the UDC easier to use for the general public. Following the initial outreach meetings, staff identified various ways to improve the document and to make the Code more user-friendly. A summary of these improvements are provided in subsection (4), above. Zoning terms are found throughout the document and should be consolidated into one section of the UDC. Definitions that are located in other sections of the Code (grading, oak tree preservation, parking standards, and sign standards) have been consolidated and relocated to Chapter 17.11 of the UDC Update. Master Case No. 13-009 March 19, 2013 Page 8 of 16 • Provide a method to enable discretion for applying new codes to existing, older neighborhoods. Several amendments are proposed that would provide additional flexibility when applying code requirements to existing, older residential neighborhoods, including provisions for replacing roof -mounted air conditioning units, wall/fence height standards, and setback reductions for reverse corner lots (from 20 feet to 10 feet in urban residential zones). In addition, the adjustment application has been modified to allow single-family residential property owners to apply for a modification to a development standard. Currently, a variance application is required for these types of modifications. • Incorporate General Plan policy for North Newhall into the Special Standards. After the General Plan was adopted, staff met with members of the Placerita Canyon Property Owners Association (PCPOA) on several occasions to discuss amendments to the Placerita Canyon Special Standards District. These proposed amendments can be found in Section 17.39.020 of the UDC Update (Section 17.16.080 of the current UDC). Following the public release of the Draft UDC Update on January 28, 2013, staff conducted three public outreach meetings in February. The following is a summary of the comments received regarding the proposed UDC Update. These have been provided for the Commission's review and consideration: • Up to two chickens should be allowed on residential lots less than 15,000 square feet, without requiring a minor use permit. • The UDC needs to be updated to include a note stating that up to 4 dogs and up to 10 cats may be kept at a residence, if dogs/cats are spayed or neutered, to be consistent with Title 8 of the Municipal Code. • There's a need to plan for drought conditions and to set limits on amount of irrigation; drought -tolerant landscaping should be encouraged. • The new permitted use chart is a much improved and more efficient way to review permitting and parking requirements in the City. (6) Summary of UDC Update by UDC Chanter The purpose of this subsection is to provide a broad overview of the key changes to each of the chapters of the UDC. All of the proposed changes can be found in the Draft UDC Update — Volume 2 (Attachment B), in the track change format of the UDC Update. Chapters 16.01-16.411 Subdivisions Added provision requiring conformance with Title 17 (Zoning Code); deleted provision permitting conditional approval for subdivision maps that are inconsistent with the UDC. Master Case No. 13-009 March 19, 2013 Page 9 of 16 • Relocation of park fees, major thoroughfare and bridge fees, library mitigation fees, and traffic signal timing fees to Section 17.51.010 (Development Impact Fees) of the UDC Update. • Deletion of exemption for subdivision for purposes of lease (Section MATO 10) as this is exempt per the Subdivision Map Act. • Amendments to time limits/duration of tentative map approvals to ensure compliance with updates to the Subdivision Map Act related to tentative map extensions. • Clarification provided on procedures for parcel mergers initiated by a property owner, consistent with the Subdivision Map Act. • Relocation of requirements for lot line adjustments from Section 17.03.070 of the UDC to Chapter 16.41 of the UDC Update. Chapter 17. 011 Administration* • Updates to common procedures for application review, public noticing, and public hearings for more efficient administration. • Clarification provided for rules for language, measurements, and interpretations. • Administrative hearing process has been modified to include review of written objections to requested adjustments and minor use permits. • Code sections for appeals, revocations, and permit modifications have been amended to provide for clarification regarding applicability and procedures. • Amendments to expiration and extensions have been provided to allow for one additional one-year time extension, for a total of two time extensions. * For the purposes of tracking changes in Chapter 17.01, comment balloons have been provided (see Volume 2 of UDC Update) to describe how each section has been amended and where they have been relocated. Chapter 17.03 1 Permits and Applications* New classification system is proposed that groups similar permit types into 7 distinct classes with the same processes and procedures. • New permit types for Requests for Reasonable Accommodations and Corridor Plans have been provided. Master Case No. 13-009 March 19, 2013 Page 10 of 16 Clarification provided for General Plan Amendment and Pre -Annexation Agreement processes. Grading permit type has been relocated to Division 17.80 (Grading). * For the purposes of tracking changes in Chapter 17.03, comment balloons have been provided (see Volume 2 of UDC Update) to describe how each section has been amended and where they have been relocated. Chapter 17.05 1 Pre -Existing Legal Uses and Structures • Title of the chapter has been renamed to "Legal Nonconforming Uses, Lots, and Structures" to ensure consistency throughout the UDC. • Provision regarding legally created lots prior to the effective date of the UDC, has been added. Clarification provided regarding restoration of damaged structures with damages of less than 50% of the building. Chapter 17.07 1 Definitions • Terms from elsewhere in the UDC have been relocated to this chapter. These include terms related to grading, oak trees, parking, and signs. • Terms have been consolidated into groups with common subjects, where applicable (e.g. adult business, grading, landscaping, signs, etc.). • Duplicative terms for specific land uses have been deleted and can be found in Division 17.40 (Use Classifications). Chapter 17. 111 Zoning Designation Summary • Zoning designations and definitions have been updated to reflect and to ensure consistency with the General Plan (Section (L) of the Land Use Element). Updated zoning designations include the following: o Non -urban and urban residential zones; o Commercial and industrial zones; o Mixed use zones; o Open space zones; and o Other zones (public/institutional, specific plan and corridor plan zones). General property development standards including but not limited to density, lot size, setbacks, height of structures, floor area ratio, and lot coverage, have been provided to ensure consistency with the General Plan (Section (L) of the Land Use Element). Master Case No. 13-009 March 19, 2013 Page I I of 16 • Permitted use charts have been provided to identify planning permit requirements for uses located in the mixed use, open space, and public/institutional zones. Chapter 17.12 —17.13 1 Use Classifications and Required Parking* New use type definitions and permit requirements have been provided for the following uses: airport, heliport, animal crematory, animal menagerie, alcohol production/storage, gambling uses, convention center, RV park, crematory, landfill, film rental business, ambulance dispatch, supportive commercial uses Changes to permit requirements are proposed for the following uses: multi -family residential, live/work units, mobilehome parks, residential care facility, veterinary clinic, restaurants serving alcohol, second hand stores, horticulture, temporary residence, temporary real estate office, indoor entertainment, animal shelter, call center, automobile body repair/painting, trucks body repair, cemeteries, FAR bonus. Changes to parking requirements are proposed for the following uses: multifamily residential (studios, 1 bedroom, senior housing), joint live/work units, automated self- service car wash, banks, eating and drinking establishments, and instructional schools. All of the proposed amendments to permitting requirements, use classifications, and parking requirements can be found in Chapter 17.12 and 17.13 of the Draft UDC Update — Volume 2 (Attachment B), in the track change format of the UDC Update. * For the purposes of tracking changes for Chapter 17.12 (Use Type Classifications), Chapter 17.13 (Permitted Use Charts), and Section 17.18.130 (Schedule of Off -Street Parking Requirements), a new matrix combines these three sections into one, and proposed amendments are made therefrom. Chapter 17.15 1 Property Development Standards • General residential and commercial zone requirements have been relocated to Division 17.30 (Zones). • Community Development Director's policies have been codified for the following: o Front yard landscaping, residential sport courts, metal structures, and wall heights. • New graphics have been provided to illustrate property development standards. • Relocation of SEA requirements to Section 17.38.080; NPDES requirements to Chapter 17.90; road dedication and bridge and thoroughfare fee requirements to Chapter 17.51. • Architectural requirements have been added for residential and commercial buildings to provide 360 -degree architecture (General Plan Policies LU 3.4.8 and LU 6.5.3). Master Case No. 13.009 March 19, 2013 Page 12 of 16 Chapter 17.16 1 Special Zones and Standards Section 17.16.020 (Planned Development Overlay Zone) has been amended to provide clarification that a conditional use permit is required for any development or redevelopment of property located within this overlay zone. • Regulations for the following have been relocated and superseded by other sections as follows: o Specific Plans — relocated to Section 17.28.110 (Specific and Corridor Plans). o Open Space zones — relocated to Chapter 17.36 (Open Space Zones). o Private Education — relocated to Section 17.37.020 (Public/Institutional Zone). • Regulations for the MOCA overlay have been amended to implement applicable General Plan policies related to mitigation of impacts and site remediation (General Plan Policies CO 2.3.3 - CO 2.3.5, LU 7.7.1). • Regulations related to the Billboard overlay zone have been removed to ensure consistency with the Sign Ordinance, which prohibits billboards. This amendment also implements the General Plan (General Plan Policy LU 6.3.5). • Updated the definition of ridgeline preservation overlay zone to include 100 feet vertical and 100 feet horizontal from the ridgeline to implement the General Plan (General Plan Policies LU 6. 1.1 and CO 2.2.3). • The following overlay zones and standards were previously adopted by ordinance but have not been posted onto the online version of the UDC. No changes have been made other than formatting. o Homeless Shelter Overlay — Approved by the City Council on April 28, 2009 by Ordinance No. 09-003. o Movie Ranch Overlay — Approved by the City Council on November 8, 2011 by Ordinance No. 11-20. • Updates to the Special Standards Districts have been updated to implement the General Plan (General Plan Policies LU 1.2.5 and LU 1.2.6). Chapter 17.17 1 Special Uses and Standards • This chapter has been reformatted, renumbered, and relocated to Division 17.60 to fit the format of the UDC Update. • Regulations for cottage food operators have been added to implement Assembly Bill 1616. • Park fees have been relocated to Section 17.51.010 (Development Impact Fees) of the UDC Update. Master Case No. 13-009 March 19, 2013 Page 13 of 16 • Requirements for the transfer of development rights have been added to implement the General Plan (General Plan Policy CO 10.2.5). • Section 17. 17.090 (Oak Tree Preservation) has been amended with the following; o Relocation of definitions to Chapter 17.11 (Definitions). o Deletion of duplicative procedural application review requirements. • Relocation of historic preservation review requirements from Section 17.03.145 to Chapter 17.64 of the UDC Update. Chapter 17.18 1 Parking Standards • Relocation of landscaping requirements to Section 17.51.030 (Landscaping and Irrigation Standards). • Addition of standards for parking structures. • Requirement for parking for disabled persons amended to require conformance with the California Building Code. • Addition of fuel-efficient/carpool parking space requirement to implement the General Plan and the California Green Building Code (General Plan Policy C 3.2.4). • Relocation of parking definitions to Chapter 17. l 1. • Relocation of off-street parking requirements to Division 17.40. For a summary of proposed amendments to parking requirements, refer to Chapter 17.12 and 17.13 of the track change version of the UDC Update (Attachment B). Change of permit requirement for shared parking agreements from conditional use permit to minor use permit; for parking reductions from adjustment/variance to minor use permit for reductions less than 20% and minor use permit with public hearing for reductions greater than 20%. Chapter 17.19 1 Sign Standards • Sign definitions have been relocated to Chapter 17.11 (Definitions). • Duplicative procedures for sign application review have been deleted; duplicative requirements for sign review have been deleted. • Administrative sign variance application procedures have been relocated to Section 17.24.110. Master Case No. 13-009 March 19, 2013 Page 14 of 16 General requirement for sign copy has been added to each sign type. • New sign types and standards have been added for the following signs: awning, grand opening banners, corporate flags, gas sales canopy, menu/preview board, projecting and under canopy, and subdivision directional. • New sign exhibits and matrix for sign regulations have been added. Chapter 17.20-17.30 1 Grading • An investigation fee has been added for unpermitted grading in the amount of twice the grading permit fee, as shown in Section 17.81.20 (E) of the UDC Update. • The language for grading permit exceptions has been revised. The amended language makes the code easier to interpret and adds figures to clarify the exceptions, as shown in Section 17.81.010 (B). • Added language defining "regular" grading and "engineered" grading in Section 17.83.010. The code also lists the specific requirements to obtain a grading permit for both grading designations. When grading is designated as "regular" grading the requirements to obtain a grading permit are reduced substantially. This should significantly reduce the cost to obtain a permit for most small grading projects not intended for the support of a structure. • Added language requiring applications for haul routes for import and export of earth materials to be approved by the City Engineer and granted the authority to the City Engineer to request security for import or export, as shown in Section 17.86.010. Clarification provided for required grading inspection procedures in Section 17.88.010. Amended code requirements regarding National Pollutant Discharge Elimination System in Chapter 17.80. This section consolidated several sections which were previously spread throughout the UDC. Proposed amendments also clarify these requirements and ensure grading projects are in compliance with the Los Angeles County MS4 permit. Chapter 17.80 I Hillside Development Ordinance • Deletion of duplicative procedural application review requirements. • Relocation of hillside review findings to 17.23.130 (Hillside Development Review). • Slope density requirement amended to include mixed use zones. Master Case No. 13-009 March 19, 2013 Page 15 of 16 Chapter 17.90 I Standard Urban Stormwater Mitigation Plan Implementation • No changes proposed other than re -numbering the chapter to 17.95 to fit the format of the UDC Update. Other Proposed Changes • Updated landscaping standards that include provisions for water efficient landscaping, in order to implement the General Plan and AB 1881. Other proposed updates include added requirements for tree retention and maintenance of landscaping; and the consolidation of existing landscaping requirements from elsewhere in the Code to Section 17.51.030 (General Plan Policies LU 7.4.1, CO 4.1.3, CO 4.3.5, CO 4.3.6, and CO 8.3.7).. Added noise standards to implement the General Plan (General Plan Policies N.3.1.1, 3.1.2, 3.1.5, 3.1.9 and 4.1.2). • Updated outdoor lighting standards to implement the General Plan (General Plan Policies CO 3.6. 1, CO 6.6.1 and CO 8.3.9) • Adapted mixed use development guidelines from the Santa Clarita Community Character and Design Guidelines and standards from the existing mixed use overlay zone to develop property development standards for mixed use zones, in order to implement the General Plan (General Plan Policies LU 2.3.1 — LU 2.3.6). • Consolidated development impact fees into one section of the UDC Update (Section 17.5 1.010 (Development Impact Fees)). CEOA AND PUBLIC NOTICING CEQA An Initial Study (Attachment E) was prepared for this project in accordance with the California Environmental Quality Act (CEQA). The Initial Study determined that all impacts related to the proposed project are considered to be less than significant. Therefore, a Negative Declaration was prepared in accordance with Section 15070 of CEQA. The Negative Declaration and Initial Study have been made available during a thirty -day public review period from March 5, 2013 to April 4, 2013. Documents were posted at the Permit Center at the City of Santa Clarita City Hall, and the City of Santa Clarita Libraries (Canyon Country, Newhall, and Valencia Branches). Public Noticing All noticing requirements for a public hearing have been completed as required by Section 17.01.100 of the Unified Development Code. A 1/8th page advertisement was placed in The Signal Newspaper on February 26, 2013. Master Case No. 13-009 March 19, 2013 Page 16 of 16 RECOMMENDATION Staff recommends that the Planning Commission: 1) Open the public hearing; 2) Receive testimony from the public; 3) Provide comments and direction to staff; and 4) Continue the public hearing to April 16, 2013, directing staff to return with responses to comments and a resolution to recommend approval of the Draft UDC Update to the City Council. ATTACHMENTS A) Draft UDC Update — Volume 1: New Version of the UDC* B) Draft UDC Update — Volume 2: Current UDC with Proposed Changes* C) Draft Zoning Map* D) Draft Overlay Map* E) Draft Negative Declaration/Initial Study for the Draft UDC Update * Attachments A -D were previously provided tothePlanning Commission on January 28, 2013 and are available on the City's Planning Division website at www.santa-clarita.com/udeupdate. S:\CD\UDC UPDATE\PLANNING COMMISSION\STAFF REPORT\P.C. STAFF REPORT 3.19.13.DOC CITY OF SANTA CLARITA STAFF REPORT THE UNIFIED DEVELOPMENT CODE UPDATE MASTER CASE NO. 13-009 UNIFIED DEVELOPMENT CODE UPDATE 13-001; ZONE CHANGE 13-001; INITIAL STUDY 13-001 DATE: April 16, 2013 TO: Chairperson Eichman and Members of the Planning Commission FROM: Jeff W. Hogan, AICP, Planning Manager CASE PLANNER: James Chow, Associate Planner LOCATION: Citywide APPLICANT: City of Santa Clarita REQUEST: The City of Santa Clarita is proposing a comprehensive update to the Unified Development Code (UDC Update), which includes text amendments to Chapter 16 (Subdivisions) and Chapter 17 (Zoning) of the Municipal Code, as well as an update to the zoning map, to ensure consistency with the General Plan, as required by State law. PURPOSE OF THE MEETING The purpose of this meeting is to provide the Planning Commission with responses to questions and issues that were raised at the March 19, 2013, Commission meeting. In addition, the purpose of this hearing is to receive public testimony and to answer any additional questions the Commission may have and receive a recommendation from the Commission to the City Council on the project. BACKGROUND PREVIOUS PLANNING COMMISSION MEETING The Commission held a duly noticed public hearing on the Unified Development Code Update on March 19, 2013. At that time, the Commission received a presentation from staff, opened the public hearing and received public testimony on the project. The Commission provided various questions for staff and directed staff to return with responses to comments at the next Commission meeting. The Commission continued the project to April 16, 2013 and directed staff to address the Commission's comments and prepare a resolution recommending that the City Council adopt the Negative Declaration and approve the Unified Development Code Update. At Master Case No. 13-009 April 16, 2013 Page 2 of 12 the April 16th meeting, the Commission may provide additional recommendations to the Council with their approval. COMMENTS AND ANALYSIS This section of the staff report discusses comments and questions that were raised at the Commission meeting on March 19rh. This section has been divided into two categories which include informational/clarification items and items requiring additional consideration from the Commission. Questions that were previously answered at the last meeting are not included in this staff report. Items that were raised during the March 19th Commission meeting that require corrections in the UDC Update have been identified and included in the Errata Summary, attached to this staff report. The Errata Summary is a comprehensive list of all corrections that address typos, errors and omissions in the UDC Update and zoning maps. As of the writing of this staff report, three comment letters were received, which are attached herein for the Commission's reference and summarized as follows: 1) One letter, from the Los Angeles County Department of Parks and Recreation, states that the UDC Update would not affect any Department facilities; 2) With regards to the comment letter from the Public Utilities Commission's (PUC) about the safety of the rail corridor, Staff has contacted the PUC to discuss amending an existing UDC standard for development adjacent to a rail line. The PUC concurs with the proposed amendment to this requirement, which is provided in the Errata Summary; 3) The third letter was submitted by Hunt C. Braly, Attorney at Law, representing Sierra Highway Holdings, LLC. This letter expresses concerns about the re -designation of property along Sierra Highway from Industrial Commercial (IC) to Community Commercial (CC) and proposes an amendment to Chapter 17.05 to address legal nonconforming industrial uses. INFORMATIONAL / CLARIFICATION 1) Throughout the draft, the text refers most often to Approving authority. This relates to the levels of evaluation that are identified in the Review Authority Table and descriptions. Please idents in some detail the extent of changes in authority directed to the Director or Hearing Officer. For instance, what level of CEQA review is redirected to the Director? The administrative hearing process would be expanded as a part of the UDC Update, in order to streamline the hearing process for requests for hearings of minor use permits and adjustments. Decisions by the hearing officer would still be appealable to the Commission. All other levels of review and approving authority have remained as they currently exist in the UDC. 2) Highways, Page 12: What is the process for changing an alignment if it is determined that the proposed alignment is not acceptable? The general alignments of highways are determined by the General Plan. Concise alignments are determined once engineering and environmental reviews are completed. In order to modify a general alignment of a highway, a General Plan amendment would be required. Master Case No. 13-009 April 16, 2013 Page 3 of 12 3) Highways, Page IT Why was the Pedestrian Ways section removed? (If it is not to be included here, the number needs to be changed on Fire -fighting Access from 16.11.140 to 16.11.130. This section is outdated and is not compliant with accessibility requirements and is no longer needed. The section numbering has been updated, as shown in the Errata Summary. 4) Dedications, Page. 23, 16.19.050: Please clarify. This speaks to 2.25 acre minimum lot size, but refers to Section 16.21.060. Section 16.19.050 speaks to a dedication of private streets that are not accepted as public on the Final Map and Section 16.21.060 states that improvements are not required for a five acre parcel. 5) Subdivision Requirements, page 28, B.1: Is the subdivider required to pay into a funding district to cover the cost of improvements to flood -control channels when combined with other subdividers of adjacent properties? A subdivider is not required to pay into a funding district to cover the cost of improvements to flood control channels when combined with other subdividers of adjacent properties. Flood control improvements are generally site-specific and project -specific and therefore would be the requirement of the applicant. 6) Vesting Tentative Maps, page 43, This section does not include the provision that an applicant may request approval of a development "which departs from the ordinances, policies, and standards" of Section 66474.2 of the Government Code, as was included in the existing UDC. Has this provision been eliminated or simply moved to another section. This provision has been eliminated because this provision allows for approval of a vesting tentative map that is inconsistent with the UDC. 7) Interpretations, p. 15: Would the Planning Commission have the opportunity to challenge an interpretation made by the Director? How would the PC be informed and request review? And, at what point would a written interpretation be incorporated into the code? Written Director's policies and interpretations are currently posted on the Planning Division website. In the future, staff will forward a copy of any new Director's policies or interpretations to the Planning Commission for their information. Any Director's policy or interpretation that is implemented would be codified as part of the next UDC update process. There are currently six Director's policies being implemented as part of this UDC Update. Master Case No. 13-009 April 16, 2013 Page 4 of 12 8) Class H Applications, p. 23: What is the reasoning behind removing the PC from review of Class II applications which includes Development Review, Hillside Development Review, and Oak Tree Permits? There has been no change or removal of the Commission's review of certain Class II applications that require Commission review. For example, the Commission will continue to review a number of these requests such as heritage oak removals, shopping centers over 100,000 square feet, and hillside projects with average cross slopes greater than 15 percent. 9) Page 25: Who serves on the [Development] Review Committee? The City's Development Review Committee (DRC) was established when the City was established and is comprised of various staff members from the City as well as the County of Los Angeles. The Development Review Committee consists of staff from City divisions including, but not limited to, Planning, Building and Safety, Traffic Engineering, Development Services, Environmental Services, Transit, Urban Forestry, CIP, Economic Development, Parks Planning, Special Districts as well as Los Angeles County Fire Prevention. In addition, other outside agencies may also be included. The purpose of this committee is to review development applications for consistency with City and County development standards and regulations and to provide comments and draft conditions of approval to the applicant. 10) From page 27: Recommendation that the UDC Update include what constitutes "Types" under Public Noticing (17.06.100). Type I public notices are notices required for Class III permits (adjustments, minor use permits, and sign variances). Type II public notices are notices required for all permits requiring public hearings. Table 17.06-1 (Review Authority) in Chapter 17.06 of the UDC Update includes information that describes when public notice is required. In addition, Table 17.06-1 identifies whether a project would require a Type I or Type Il notice. 11) Request for a longer review period for projects that include extensive CEQA and other documentation. While staff affords as much time as possible for the review of lengthy documents (similar to the review period for the UDC Update), there are a number of State time limitations that limit the length of time for review including the California Environmental Quality Act and the Permit Streamlining Act. However, when there is ability to allow for additional time for Commission review, staff will provide the Commission with as much additional time as possible. 12) Minor Permit Modifications, p. 46, A.3 & 4: A modification of more than 10 or 20 seems excessive for a Class IN level review. Provisions for modifications to a conditionally approved use are currently provided in the existing UDC and have been relocated to Chapter 17.09 of the UDC Update. The current Master Case No. 13-009 April 16, 2013 Page 5 of 12 UDC permits a cumulative expansion of ten percent or less of the approved building area. A cumulative expansion of ten percent to fifty percent of approved building area or approved site area requires approval of a minor use permit. A cumulative expansion greater than fifty percent of approved building area or approved site area requires approval of a conditional use permit. 13) Home Occupation Permit, page 16. What is the proposed fee? How will this be administered? And how will it be regulated? No changes have been proposed to the home occupation permit as part of the UDC Update. The current fee for a home occupation permit is a one-time $42 fee that is currently handled as an over the counter approval at the City Permit Center. Additional requirements and regulations are described in Chapter 17:65 (Home Occupations). 14) Landscape Plan Review, page 17: For whom will this review apply? Private homeowners? As currently the practice, landscape plan reviews are required for the development of new or major rehabilitation of commercial and industrial buildings where new landscaping is being installed or modified. In addition, landscape plans are required for new multifamily residential units, model homes, and lots with slopes. New construction landscape projects by individual homeowners with a landscape area greater than 5,000 square feet would also require a landscape plan review. Lastly, if the project site is located in a High Fire Hazard Severity Zone, the Los Angeles County Fire Department will require landscape plans to review for fuel modification. 15) Oak Tree Permit, pages 21 and 22: C. l.a appears to be in conflict with C.2.a. Subsection (C)(1)(a) of Section 17.23.170 applies to oak tree removals that require approval from the Director and Subsection (C)(2)(a) applies to oak tree removals that require approval from the Planning Commission or City Council. 16) Oak Tree Permit: Where are the stipulations regarding replacement levels and payments? The requirements regarding replacement of oak trees and payment to offset impacts associated with the loss of oaks can be found on Pages 52-53 of Division 17.50, in Section 17.51.040 (13)(3) (Conditions) of the Oak Tree Preservation section. Replacement or payments to offset impacts associated with the loss of oaks are based on the entire International Society of Arboriculture (ISA) dollar value of oak trees approved for removal. Master Case No. 13-009 April 16, 2013 Page 6 of 12 17) Temporary Use Permits: How can TUPs for non -profits be established? The SCV-Newhall Optimist Club held a rummage sale several years ago on commercial property, placing a sign on the public sidewalk. The sign was removed and the organization was told that it couldn't host the event, even with the property owner's approval. Temple Beth Ami wanted to host an event on private property and the TUP was onerous. The UDC does not currently distinguish between temporary use permits (TUPs) for non- profit and for-profit organizations. Requests for temporary uses require review and consideration by City staff to ensure compliance with the performance standards of the Code. The processing fee for temporary use permits was established by City Council resolution and takes into account the staff time required to review these permits. To establish a two-tier TUP fee schedule to reduce or waive fees for non-profit organizations is outside of the scope of this project. 18) Signage, p. 40 (and elsewhere): Would these new signage rules have allowed the business sign that we required removed on Railroad Avenue. The owner said that removal of the sign would damage his business and 1 believe the business closed as a result. Staff is not certain of the exact sign referenced above, however, the signage rules that are referenced on page 40 of Division 17.20 are findings for sign variances that are currently in the UDC (Chapter 17.19). These findings have not been modified and would be relocated from the sign standards chapter of the existing UDC to the applications division of the UDC Update. Business owners, whose properties are unique and have physical hardships, can apply for a sign variance in order to vary from the sign standards of the Code. However, in order to receive approval of a sign variance, an applicant must substantiate the required findings for a sign variance, as provided in the Code. 19) Minor Use Permit, p. 42: Reduction in parking allowed under a Class III application may not allow sufficient review. A minor use permit with a professional parking study would be required for parking reductions of less than 20 percent. For requests for parking reductions greater than 20 percent, a minor use permit, subject to Planning Commission review would be required. These procedures are consistent with the procedural requirements currently in place in the UDC for parking reductions. Furthermore, Section 17.51.060 (N) (Modification for Off - Street Parking) contains requirements and parameters for review of the minor use permit for parking reductions. 20) Development Agreements, p. 72: Mandatory Contents should include a statement regarding the offer and acceptance of "significant and tangible benefits above and beyond those that may be required by the City through normal review procedures and project conditions... " A statement regarding the offer and acceptance of a significant and tangible benefit is a required finding in the existing UDC and would remain as a required finding for Master Case No. 13-009 April 16, 2013 Page 7 of 12 development agreements. This finding has been relocated to Section 17.28.100 (E) of the UDC Update and requires the City Council to make the finding as part of the application. 21) Pages 77 & 78; vi and vii are the same as L on the next page. Condense. Clarify? Requirements identified on page 77 (Section 17.28. 100 (J) (2) (a) (vi and vii)) and page 78 (Section 17.28.100 (K and L) are the same procedural requirements for violations of development agreements. However, the procedural requirements on page 77 are specific to violations that are identified during the required periodic review of development agreements, whereas the requirements on page 78 are specific to violations that may be identified at any other time. 22) Specific and Corridor Plans: Maybe add the requirement for an annual evaluation to ensure consistency? Amendments to a Specific Plan or to the Unified Development Code are prepared periodically, on an as needed basis. As planning issues arise and require amendments to a specific plan, corridor plan, or the UDC, such amendments are presented to the Commission and Council for consideration and approval. 23) Chapter 17.31, p.3, Zoning Designation Purpose: Why is it that permissible uses are only itemized under sections from Mixed Use on? Chapters 17.35 through Chapter 17.37 consist of standards, including permitting requirements, for mixed use, open space, and public institutional zones. To be concise, only permitted or conditionally permitted uses are included under these chapters because the uses that would commonly be located in these zones are specialized and unique. Uses that are not listed under these specific permitted use charts are considered to be prohibited. A comprehensive list of use types and definitions for residential and commerciauindustrial zones are found under Division 17.40 (Use Classifications and Required Parking). 24) Non -Urban, 17.32.040 4, p.9. Examples ofsupportive commercial? Supportive commercial uses are defined as commercial uses serving the local area. These may include grocery stores, restaurants, personal services, and feed and tack stores. These provisions have been proposed in the UDC Update to implement the General Plan. Examples of supportive commercial uses include Halfway House Caf6 and Le Chene French Cuisine on Sierra Highway, the Big Oaks Lodge on Bouquet Canyon Road, and Rio Caf6 and Groceries on Soledad Canyon Road. 25) Chapter 17.33.010. URI seems most appropriate to Casden as this zone allows for an appropriate urban/rural interface. The zoning proposed for the North Newhall area (also known as Casden) consists of both the NU5 (Non -Urban 5) and MXN (Mixed Use Neighborhood) designations, which is consistent with the General Plan. The North Newhall area was the subject of careful Master Case No. 13-009 April 16, 2013 Page 8 of 12 consideration and planning as part of the General Plan process, which involved the City's collaboration with the Placerita Canyon Property Owners' Association. Any future use and development of this area would require adherence to the General Plan policy and UDC requirements for this area. 26) MHP, p. 63: Are there standards for visitor parking for the MHP zone? There are standards for visitor parking for mobile home parks in the Unified Development Code. The current visitor parking requirement is one space for each two units. The visitor parking requirement is in addition to the requirement of two spaces for each mobile home unit. No changes are proposed to these requirements. 27) MOCA Overlay Zone, p. 68: Is 300' distance between a residence and a new well an acceptable standard? The current UDC requirement for distance between a residence and a new well is 300 feet. This requirement is in excess of the distance required by the County of Los Angeles Fire Code and is considered an acceptable standard. 28) Movie Ranch Overlay Zone, p. 73: Is there any mechanism for review of the Film Office's 'decisions? The mechanism for review of the Film Office's decisions is a request for a hearing before the City Manager's Office. Pursuant to Chapter 11.46 (Filming Policy) of the Municipal Code, a film permit may be appealed to the City Manager or City Manager's designated appeal officer. 29) Mixed Use Overlay, p. 74: There are concerns about the Director's ability to approve building of 50', reductions in setbacks, and reduced parking with PC review. The mixed use overlay and applicable standards were approved by the Commission and Council as part of the 2005 UDC amendments. There are no changes proposed to standards related to building height, setbacks, or parking requirements as part of the UDC Update for projects in the mixed use overlay. Building heights proposed above the permitted height in the mixed use overlay would require a conditional use permit; setbacks proposed less than the minimum required would be subject to a variance (or adjustment for less than 20%); and a reduction in parking would be subject to a minor use permit with a parking study prepared by a professional engineer. 30) Placerita Canyon, p. 96: This should specify the size of the designated area for keeping of large animals. It isn't sufficient tojust identify the lot size. In addition to the lot size requirement for the keeping of larger animals in the Placerita Canyon Special Standards District, the keeping of animals is subject to the requirements of Section 17.62.020 (Keeping of Larger Animals). This includes adherence to requirements Master Case No. 13-009 April 16, 2013 Page 9 of 12 to keep animals properly confined and Los Angeles County Health Department requirements for setbacks from residential structures. 31) Landscape Standards, p. 43: Will shade trees or another shade mechanism be required for roof -top parking in structures? The UDC Update provides landscaping standards for parking structures that includes but is not limited to the requirement for landscape planters, architectural trellises, "green screens" and other treatments to minimize the use of blank facades and to provide shading for parking structures. There are no requirements for shade trees for roofs of parking structures, however, other mechanisms such as covered parking (carports) may be used to provide shade for roof -top parking. 32) Noise Standards, p. 49: Please give examples of 65 CNEL. Some examples of 65 CNEL include normal conversations, dishwashers (at 10 feet), general offices, and air conditioning units (at 100 feet). 33) Reduction in Parking, p. 71: Perhaps this should include a stipulation that parking reduction will be reconsidered if the theory doesn't match reality. Any land use permit, including permits for parking reductions, could be revised or revoked pursuant to Chapter 17.08 (Revocations and Revisions), if the City finds that approved uses become public nuisances or are being operated or maintained in violation of the approved permit or the UDC or any other provision of law. 34) Pedestrian Circulation, p. 130: This should stipulate that pathways and sidewalks should connect. In some cases, crosswalks lead to landscaped areas instead of sidewalks. Connectivity. In addition to the pedestrian circulation requirement as outlined in Section 17.53.020 (N), the City's Community Character and Design Guidelines provide requirements for pedestrian access and connectivity in commercial developments. Furthermore, through the development review process, each commercial development project is reviewed for consistency with these requirements and to ensure that crosswalks and sidewalks connect to other paths of travel and/or sidewalks. 35) Mixed Use Development Standards, p. 135: Are affordable units required in buildings of 50' or more, or are they only required if density bonuses are requested? Is the City required by the State to not only identify zones in which affordable units can be built, but also how the City will achieve more such units? Affordable housing units are not required in buildings of 50 feet or more. However, applicants requesting a density bonus for housing are required to provide for affordable units and to ensure the continued affordability of such units. In order to meet the State's Regional Housing Needs Assessment (RHNA) requirement, the City is required to identify Master Case No. 13-009 April 16, 2013 Page 10 of 12 specific sites within the City that would be suitable for residential development or redevelopment. Those sites can be found in the Housing Element, which was approved as part of the General Plan. The State does not require cities to require affordable housing. 36) Home Occupations, Chapter 17.65, p. 35: 17.65.040 stated that food preparation is not allowed by home occupation permits, but on p. 39, cottage foods may be prepared and sold at the home. What is the difference? Home occupations and cottage food operations are considered to be two different types of home-based businesses that require different types of permits and levels of review. Whereas home occupations typically allow for general office uses and other permitted uses as identified in Chapter 17.65, cottage food operators is a new type of home-based business that the State of California recognizes, which specifically allows for the production and selling of cottage food products from the home. 37) If the duties of the Planning Commission were to include review of CEQA documents, including EIRs for Capital Improvements Program (CIP) projects that do not have associated planning entitlements, what part of the Code would be changed? Chapter 2.26 (Planning Commission) of Title 2 of the Municipal Code outlines the duties of the Planning Commission. Title 2 addresses the administration and personnel of the City of Santa Clarita and is not included as part of the UDC Update. Amending Title 2 of the Municipal Code, to include Commission review of CEQA documents as they relate to City and non -zoning related projects, is outside of the scope of this project, which focuses specifically on Title 16 (Subdivisions) and Title 17 (Zoning). 38) Second ,floor decks (balconies) added onto the back of a house can be intrusive to neighboring properties. Are there requirements that currently address the issue? Standards for second floor "decks" (which are classified in the UDC as balconies), are currently provided in the UDC and can be found in Section 17.57.060 (17)(3) of the UDC Update. Second floor balconies are required to maintain a minimum 10 -foot setback from the rear property line and a 5 -foot setback from the side property line. As a point of reference, the minimum setback for a primary residence is 15 feet from the rear property line and 5 feet from the side property line. COMMISSION CONSIDERATION 1) MUP, p. 43: Findings should also include a statement that the granting of a permit will not result in parking or loading of private streets in addition to public streets. One of the required findings for a minor use permit for parking reductions is "that the granting of the permit 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." This finding docs not include or apply to private streets. Master Case No. 13-009 s April 16, 2013 Page I I of 12 If it is the consensus of the Commission, it may make a recommendation to the City Council to add "private streets" to this finding. 2) Open Space requirements, p. 81 and elsewhere: Recommend allowing the applicant to combine some of the 200 square foot per unit, but keep some with each unit. For multifamily residential developments, the required open space must be split into required yard space and community open space. As an incentive for mixed use developments, required open space may be combined as common open space and is not required for each unit. There have been no changes proposed in the UDC Update. If it is the consensus of the Commission, it may make a recommendation to the City Council amending this requirement for mixed use developments to require open space for each residential unit in mixed use projects. 3) Hazardous Waste Facilities, p. 46: What about posting a bond for clean up and remediation? That isn't included under financial responsibility. The UDC requires that hazardous waste facilities comply with all performance standards identified in Section 17.66.060 of the UDC Update, which includes compliance with State and federal financial responsibility requirements. A requirement for posting a bond for remediation and clean up is not included. If it is the consensus of the Commission, it may make a recommendation to the City Council to include a requirement for posting a bond for remediation and clean up and to ensure that the waste facilities are operable. 4) The proposed guest parking requirement for live/work units, like those approved as part of the New Home Company project, should be increased in the Code. Concerns were raised at the March 19`h Commission meeting that the proposed update to parking requirements for live/work units may not be sufficient to accommodate parking for the commercial component of the live/work units. The Code currently requires that all live/work units provide a minimum of two spaces per unit. The proposed change in the UDC Update would add to this requirement by requiring an additional one space for each 250 square feet of commercial space, which would be an equivalent ratio to parking required for retail/office/personal service use types. If it is the consensus of the Commission, it may make a recommendation to the City Council to require parking for the commercial component of live/work units to be based on the specific use type as provided in the UDC. Master Case No. 13-009 April 16, 2013 Page 12 of 12 5) Home occupation requirements should be updated to allow for more than one student at any given time. The purpose of home occupations is to allow for certain businesses to be operated out of a home, without changing the residential character of the involved dwelling unit. The current requirements for home occupations do not allow visitation to the house, with the exception of deliveries (incidental to the home occupation) and home instruction, which provides a limit of no more than one student receiving instruction at any given time. If it is the consensus of the Commission, it can make a recommendation to the City Council to increase the number of students permitted as part of a home occupation. RECOMMENDATION Staff recommends that the Planning Commission: 1) Receive staff presentation; 2) Receive testimony from the public; 3) Provide final comments and direction to staff; 4) Close the public hearing; and 5) Adopt Resolution No. P13-03, that recommends that the City Council adopt the Negative Declaration prepared for the project; and that the City Council approve Master Case No. 13- 009, consisting of Unified Development Code 13-001 and Zone Change 13-001, and any additional recommendations, for the update of the Unified Development Code. ATTACHMENTS 1) Resolution No. P13-03 A. Exhibit A — Unified Development Code Update* B. Exhibit B — Zoning Map* C. ExhibitC— Overlay Map* D. Exhibit D — Errata Summary 2) Errata Summary 3) Comment Letters Exhibits A, B, and C of Resolution P13-03 were previously provided to the Planning Commission on January 28, 2013 and are available on the City's Planning Division website at www.santa-claritaeoln/udcuodate. S.\CD\UDC UPDATE\PLANNING COMMISSIOMSTAFF REPORT\P.C. STAFF REPORT 4.16.13.DOCX RESOLUTION NO. P13-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION PREPARED FOR THE PROJECT AND APPROVE MASTER CASE NO. 13-009 (UNIFIED DEVELOPMENT CODE 13-001, ZONE CHANGE 13-001), AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE (UDC) THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS OF FACT. The Planning Commission does hereby make the following findings of fact: a. On June 14, 2011, the City Council adopted the Santa Clarita -General Plan, by adoption of Resolution No. 11-63. The General Plan provides a vision that will guide future development in the City of Santa Clarita through a set of goals, objectives, and policies. b. Pursuant to Government Code Section 65860, local jurisdictions, with newly adopted general plans, are required to amend their zoning ordinances to ensure consistency with the newly adopted general plan. C. Following adoption of the General Plan in June 2011, the City of Santa Clarita (the "City")"initiated the comprehensive update of the Unified Development Code (the "project" or "-UDC Update"). d. The City of Santa Clarita's proposed project consists of the following: Unified' Development Code (UDC) 13-001: To update the Unified Development Code; 'to ensure consistency with the General Plan. The Unified Development Code Update is incorporated herein by reference as Exhibit A. Zone Change (ZC) 13-001: To update the zoning map and overlay map to ensure consistency with the General Plan: The updated zoning map is incorporated herein by reference as Exhibit B and the updated overlay map is incorporated herein by reference as Exhibit C. The update to the zoning map includes those areas pending annexation, with approved prezone designations, including the North Saugus area (Master Case No. 12-110), South Sand Canyon area (Master Case No. 11-116), and Norland Road area (Master Case No. 8-112). e. The Planning Commission held duly -noticed study sessions on November 15, 2011 and June 19, 2012, in accordance with the City's noticing requirements. The study sessions were held at City Hall, 23920 Valencia Boulevard, Santa Clarita and at Old Maslen Case 13-009 Resolution 1113-03 April 16, 2013 Page 2 of Orchard Park, Community Room, located at 25032 Avenida Rotella, Santa Clarita. The following occurred at the study sessions: 1. On November 15, 2011, the Planning Commission received a presentation on the project and proposed amendments to the Unified Development Code, At that meeting staff received comments from both the Planning Commission and the public. 2. On June 19, 2012, the Planning Commission received a presentation on the draft UDC Update and a progress report on the project. At that meeting staff received comments from both the Planning Commission and the public. f. The City Council Development Subcommittee held duly -noticed meetings on January 28, 2013 and March 4, 2013, in accordance with the City's noticing requirements. The meetings were held at City Hall, Century Room, located at 23920 Valencia Boulevard, Santa Clarita. g. The Planning Commission held duly -noticed public hearings on March 19, 2013 and April 16, 2013, in accordance with the City's noticing requirements. The project was advertised in The Signal newspaper on February 26, 2013, The hearings were held at City Hall, 23920 Valencia Boulevard, Santa Clarita, at 6:00 p.m. The following occurred at the public hearings: 1. On March 19, 2013, the Planning Commission received City staffs presentation summarizing the proposed project, opened the public hearing, and received public testimony regarding the project and staff received comments and questions from the Planning Commission regarding the project. The Planning Commission continued the public hearing to April 16, 2013; 2. On April 16, 2013, staff provided responses to questions and comments that were raised by the Commission on March 19, 2013. The Planning Commission received public testimony regarding the project. The Planning Commission provided final comments to staff and closed the public hearing. Staff presented the necessary approval documents (resolution and associated attachments), including the Errata Summary, incorporated herein by reference as Exhibit D, and the Planning Commission took action on the resolution of recommendation to the City Council. h. At its hearings on the project, listed above, the Planning Commission considered staff presentations, staff reports, and public comments and testimony on the UDC Update. i. Based upon: the staff presentations, staff reports, and public comments and testimony, the Planning Commission finds that the Unified Development Code Update will not adversely affect the health, peace, comfort, or welfare of persons residing in the area; nor will the Unified Development Code Update jeopardize, Master Case 13-009 Resolution P13-03 April 16, 2013 Page 3 of 9 endanger or otherwise constitute a menace to the public health, safety, or general welfare. j. The location of the documents and other materials that constitute the record of proceedings upon which the decision of the Planning Commission is based for the Master Case No. 13-009 project file is with the Community .Development Department; the record specifically is in the custody of the Director of Community Development. SECTION 2. CALIFORNIA, ENVIRONMENTAL QUALITYACTFINDINGS. Based upon the foregoing facts and findings, the Planning Commission recommends the City Council hereby find as follows: a. An Initial Study and a Negative Declaration for this project have been prepared in compliance with the Califomia 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 have been considered. The Negative Declaration was advertised on February 26; 2013• and posted on March 5, 2013, in accordance with CEQA. The public review period was open from March 5, 2013 through April 4, 2013; C, There is no substantial evidence that the project will have a significant effect on the environment. The Negative Declaration reflects the independent judgment of the City of Santa Clarita; d. The documents and other material which constitute the record of proceedings upon which the decision of the Planning Commission is made is the Master Case No. 13-009 project file, located within the Community Development Department and is in the custody of the Director of Community Development; and e. The Planning Commission, based upon the findings set forth above, hereby finds that the Negative Declaration for this project has been prepared in compliance with CEQA. SECTION 3. FINDINGS FOR UNIFIED _DEVELOPMENT CODE 13-001 AND ZONE CHANGE 13-001. Based on the above findings of fact and recitals and the entire record, including, without limitation, oral and written testimony and other evidence received at the public hearings, reports and other transmittals from City staff to the Planning Commission, and upon studies and investigations made by the Planning Commission, the Planning Commission recommends that the City Council find, as follows: a. That the proposed zone change or amendment is consistent with the objectives of the development code, the General Plan, and development policies of the City and forward a recommendation of approval: Master Cme 13-009 Resolution 1113-03 April 16, 2013 Page 4 of 9 Master Case No. 13-009, which consists of Unified Development Code 13-001 and Zone Change 13-001, is consistent with the objectives of the General Plan and development policies of the City. The comprehensive update of the Unified Development Code carries out a key General Plan implementation measure by updating the development code and zoning map to ensure consistency with the General Plan, as required by State law. The comprehensive update of the Unified Development Code implements applicable policies of the General Plan to ensure consistency with the goals, objectives and policies of the General Plan, The UDC Update does not require consistency with the development code because the request is to amend the entire Unified Development Code. SECTION 4. The Planning Commission hereby recommends the City Council adopt the Negative Declaration prepared for the project and approve the amendments to the Unified Development Code, which includes Master Case No. 13-009, Unified Development Code 13- 001, Zone Change 13-001, consisting of the Unified Development Code Update (Exhibit A), the zoning map (Exhibit B), the overlay map (Exhibit C), and the errata summary (Exhibit D). SECTION 5. The Planning Commission. Secretary shall certify to the adoption of this Resolution and certify this record to be a full, complete, and correct copy of the action taken. Maser Case 13-009 Resolution P13-03 April 16, 2013 Page i of 9 PASSED, APPROVED, AND ADOPTED this 16`h day of April, 2013. 00 �v-ice LISA EICHMAN, CHAIRPERSON PLANNING COMMISSION ATTEST: OG N,SECRETARY G C M ISSION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Jeff W. Hogan, Planning Commission Secretary of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Santa Clarita at a regular meeting thereof, held on the 16 h of April, 2013, by the following vote of the Planning Commission: AYES: COMMISSIONERS:EICHMAN, HEFFERNAN, BURKHART,OSTROM, TRAUTMAN NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE SION SECRETARY SXD\UDC UPOATE\PLANNING COMMISS10NU ESOLUTIOMPC RESOLUTION P13-03 UDC UPDATE AND CEQA MC NO. 13-009. DOC Masmr Gist 13-009 Resotu(ian 1113-03 April 16, 2013 Page 6 of 9 EXHIBIT A OF RESOLUTION NO. P13-03 UNIFIED DEVELOPMENT CODE UPDATE INCORPORATED BY REFERENCE Master Case 13-009 Resolution P13-03 April 16, 2013 Page 7 of 9 EXHIBIT B OF RESOLUTION,NO: P-13-03 ZONING MAP; INCORPORATED BYREFERENCE Master Caw 13-009 Resolution 1113-03 April 16, 2013 Page Y oi'9 EXHIBIT C OF RESOLUTION NO. P13-03 OVERLAY MAP INCORPORATED BY REFERENCE Master Case 13-009 Resolution P13-03 April 16, 2013 page 9 of 9 EXHIBIT D OF RESOLUTION NO. P13-03 ERRATA SUMMARY INCORPORATED BY REFERENCE MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA Tuesday March 19, 2013 6:00 p.m. CALL TO ORDER The meeting of the Planning Commission of the City of Santa Clarita was called to order by Chair Eichman at 6:00 p.m. in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California. FLAG SALUTE Commissioner Trautman led the flag salute. ROLL CALL Chair Eichman and Commissioners Burkhart, Heffernan, Ostrom, and Trautman were all present. APPROVAL OF AGENDA A motion was made by Commissioner Ostrom and seconded by Commissioner- Trautman to approve the agenda. Said motion was approved by a vote of 5-0. APPROVAL OF THE MINUTES OF THE FEBRUARY 19., 2013, REGULAR MEETING A motion was made by Commissioner Heffernan and seconded by Commissioner Burkhart to approve the minutes of the February 19, 2013, regular meeting. Said motion was approved by a vote of 5-0. CONTINUED PUBLIC HEARING ITEM 1 MASTER CASE II -040, CONDITIONAL USE PERMIT 11-007 A motion was made by Commissioner Ostrom and seconded by Commissioner Trautman to continue the item to the regular meeting of April 16, 2013. Said motion was approved by a vote of 5-0. 1 PUBLIC HEARINGS ITEM 2 MASTER CASE 12-168, REVISION TO VESTING TENTATIVE TRACT MAP 060258, TIME EXTENSION 13-001 A motion was made by Commissioner Trautman and seconded by Commissioner Ostrom to continue the item to the regular meeting of April 16, 2013. Said motion was approved by a vote of 5-0. ITEM 3 MASTER CASE 13-009, UNIFIED DEVELOPMENT CODE UPDATE 13-001, ZONE CHANGE 13-001, INITIAL STUDY 13-001 James Chow, Associate Planner, gave the staff report and computer slide presentation. The public hearing was opened at 6:30 p.m. Valerie Thomas spoke in opposition to the proposed update. Lynne Plambeck, Allan Cameron, and Cam Noltemeyer spoke in a neutral position to the update. The Commission and staff discussed the proposed changes to the UDC document. Commissioner Trautman requested additional information be brought back on April 16 for the Commission's consideration. A motion was made by Commissioner Heffernan and seconded by Commissioner Burkhart to continue the item to the regular meeting of April 16, 2013. Said motion was approved by a vote of 5-0. ITEM 4 MASTER CASE 10-103, UNIFIED DEVELOPMENT CODE AMENDMENT 10-006, INITIAL STUDY 13-002 Mike Marshall, Assistant Planner II, gave the staff report and computer slide presentation, The public hearing was opened at 8:00 p.m. Allan Cameron spoke in a neutral position to the proposed plan. The Commission and staff discussed various aspects of the plan. A motion was made by Commissioner Trautman and seconded by Commissioner Burkhart to continue the item to the regular meeting of April 16, 2013. Said motion was approved by a vote of 5-0. PLANNING MANAGER'S REPORT Jeff Hogan, Planning Manager, gave the Planning Manager's report. Mr. Hogan informed the Commission that at the March 26 City Council meeting staff would be presenting the Habitat for Heroes project, as well as the North Saugus Annexation. Mr. Hogan also informed the Commission that there is a study session before the regular meeting on April 16. The study session will begin at 5:00 p.m. PLANNING COMMISSIONERS' REPORTS Commissioners Trautman and Heffernan both reported that they attended the Planning Commissioners Academy from February 27 through March 1. They felt it was a great conference and both benefited from the material presented. PUBLIC BUSINESS FROM THE FLOOR Berta Gonzalez -Harper, Lynne Plambeck, and Allan Cameron all made public comments regarding the UDC Update. ADJOURNMENT A motion was made by Commissioner Ostrom and seconded by Commissioner Heffernan to adjourn the meeting. Said motion was approved by a vote of 5-0 and the meeting was adjourned at 8:25 p.m. S;1CDTLNGCOMIMINUTES�201313-19-13min.DOC Lisa Eichman, Chair Planning Commission MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA CLARITA Tuesday April 16, 2013 6:00 p.m. CALL TO ORDER The meeting of the Planning Commission of the City of Santa Clarita was called to order by Chair Eichman at 6:01 p.m. in the City Council Chambers, 23920 Valencia Boulevard, Santa Clarita, California. FLAG SALUTE Commissioner Ostrom led the flag salute. ROLL CALL Chair Eichman and Commissioners Burkhart, Heffernan, Ostrom, and Trautman were all present. APPROVAL OF AGENDA A motion was made by Commissioner Ostrom and seconded by Commissioner Trautman to approve the agenda. Said motion was approved by a vote of 5-0. APPROVAL OF THE MINUTES OF THE MARCH 19, 2013, REGULAR MEETING A motion was made by Commissioner Burkhart and seconded by Commissioner Trautman to approve the minutes of the March 19, 2013, regular meeting. Said motion was approved by a vote of 5-0. CONTINUED PUBLIC HEARINGS ITEM 1 MASTER CASE 11-040, CONDITIONAL USE PERMIT 11-007 A motion was made by Commissioner Burkhart and seconded by Commissioner Heffernan to continue the item to a date uncertain. Said motion was approved by a vote of 5-0. ITEM 2 MASTER CASE 12-168, REVISION TO VESTING TENTATIVE TRACT MAP 060258, TIME EXTENSION 13-001 Patrick Leclair, Associate Planner, gave the staff report and computer slide presentation. The Commission and staffed discussed some of the revisions made to the project. 1 The public hearing was opened at 6:26 p.m. Brent Caldwell, representing Brookfield Homes, addressed the Commission. Mark Subbotin and Kerry Seidenglanz spoke in support of the proposed project. Lynne Plambeck and Cam Noltemeyer spoke in a neutral position to the proposed project. One written comment was submitted. The Commission asked the applicant to address questions regarding the requested length of time of the extension. The public hearing was closed at 6:46 p.m. The Commission and staff made closing comments A motion was made by Commissioner Ostrom and seconded by Commissioner Burkhart to adopt Resolution P13-02, approving Master Case 12-168, to revise Vesting Tentative Tract Map (VTTM) 060258 and approve Time Extension 13-001 for a four-year extension to VTTM 060258, in the City of Santa Ciarita, subject to the attached Conditions of Approval ("Exhibit A"), with amendments to Condition PR15 regarding trail maintenance. A roll call vote was taken. Said motion was approved by a vote of 4-1. ITEM 3 MASTER CASE 10-103, UNIFIED DEVELOPMENT CODE AMENDMENT 10-006, INITIAL STUDY 13-002 Commissioner Burkhart recused himself from participation on the item, as his home is within 500 feet of the project area. Mike Ascione, Assistant Planner 11, gave the staff report and computer slide presentation. There were no speakers on the item. The public hearing was closed at 6:49 p.m. A motion was made by Commissioner Ostrom and seconded by Commissioner Heffernan to adopt Resolution P] 3-04, that recommends that the City Council adopt the Negative Declaration prepared for the project, and that the City Council approve Master Case 10-103, consisting of Unified Development Code 10-006 and Zone Change 13-003, for the Lyons Corridor Plan. A roll call vote was taken. Said motion was approved by a vote of 4-0. ITEM 4 MASTER CASE 13-009, UNIFIED DEVELOPMENT CODE UPDATE 13-001, ZONE CHANGE 13-001, INITIAL STUDY 13-001 James Chow, Associate Planner, gave the staff report and computer slide presentation R Hunt Braly, Allan Cameron, Lynne Plambeck, and Cam Noltemeyer spoke in a neutral position to the update. Mr. Chow responded to comments made by the public speakers. The Commission and staff discussed various sections of the proposed update and then reviewed a list of additional recommendations to make to the City Council. The public hearing was closed at 7:50 p.m. A motion was made by Commissioner Trautman and seconded by Commissioner Heffernan to adopt Resolution P13-03, that recommends that the City Council adopt the Negative Declaration prepared for the project, and that the City Council approve Master Case 13-009, consisting of Unified Development Code 13-001 and Zone Change 13-001, including the following recommendations, for the update of the Unified Development Code: 1) Amend an existing finding for parking reductions to include the words "private streets" to ensure that the granting of the permit will not result in the parking of vehicles onto private streets in such a manner as to interfere with the free flow of traffic. 2) Allow the continued flexibility of combining individual and common open space requirements for mixed use developments. 3) Amend the commercial parking requirement ratio for live/work units from one space per 250 square feet (as proposed in the UDC Update) to requiring parking to be based on the specific commercial use type as provided in the UDC. 4) Increase the allowed number of students receiving instruction, as part of a home occupation permit, from one student to up to five students, with no more than two vehicles incidental to the home instruction. 5) Clarify that all appeals related to filming throughout the City are heard first before the City Manager and, if necessary, before the City Council. 6) Reinstate proposed deletions of duplicative definitional language in the Happy Valley Special Standards District and Oak Tree Preservation sections of the UDC. 7) City Attorney's Office research the ability to add an additional standard that would require an applicant/owner to post bonds for clean-up and remediation of Hazardous Waste Facilities. 8) If applicable, incorporate Animal Control and Health Department requirements to provide minimum open space areas for the keeping of larger animals. 9) Staff continue to work with Mr. Hunt Braly, representing Sierra Highway Holdings, LLC, on his request to allow a legal nonconforming light industrial use on Sierra Highway, north of Soledad Canyon Road, the ability to have up to two years, plus an additional year extension in order to re-establish a use that has been discontinued. 3 A roll call vote was taken. Said motion was approved by a vote of 5-0. PLANNING MANAGER'S REPORT Jeff Hogan, Planning Manager, gave the Planning Manager's report. Mr. Hogan reported that on March 26, the City Council approved the Habitat for Heroes project, as well as the North Saugus Annexation. Staff anticipates that annexation recording sometime next year. He also informed the Commission that at the LAFCO hearing on April 10, the South Sand Canyon Annexation was approved, and should record sometime next week. Mr. Hogan reminded the Commission that they have a joint study session on May 7 regarding the budget. He also informed the Commission that they will not have any meetings in May. Their next meeting is scheduled for June 4, and there will also be a study session that evening. PLANNING COMMISSIONERS' REPORTS Commissioner Ostrom reminded everyone that the Cowboy Festival is taking place this weekend. PUBLIC BUSINESS FROM THE FLOOR Cam Noltemeyer, Lynne Plambeck, and Allan Cameron made public comments. ADJOURNMENT A motion was made by Commissioner Ostrom and seconded by Commissioner Heffernan to adjourn the meeting. Said motion was approved by a vote of 5-0 and the meeting was adjourned at 8:00 p.m Lisa Eichman, Chair Planning Commission Jeff W. Hogan, Planning Manager Community Development S:\CD\PLNGCOM\MFNUTES\2013\4-16-13min.DOC HUNT C. BRALY Attorney ut Lena 25152 Springfield Court/Suite 100/ Valencia, CA 91355-1071/ Phone: (661) 287-3611 /FAX: (661) 291-1292 April 16, 2013 VIA E-MAIL lichow(a�santa-clarita.coml Lisa Eichman, Chair Santa Clarita Planning Commission City of Santa Clarita 23920 Valencia Blvd., Ste, 302 Santa Clarita, CA 91355 Re Uniform Development Code Zoning Amendment April 16, 2013 Hearing Dear Chair Eichman: This letter is a follow up to my letter of April 4, 10213 regarding Sierra Highway Holdings, LLC, the owner ("Owner") of the property located at 17341 Sierra Highway (APN # 2839-002- 036), which has been industrial zoned property since its construction in 1989. The property contains an approximate 45,000 square foot building located on an approximate 116,000 square foot site ("Property"), The existing tenant is Morton Manufacturing. As you and the other members of the Planning Commission consider the adoption of the Uniform Development Code Zoning Amendment on April 16, 1 would request that you give careful consideration of our suggested Amendment to Section 17.05.030, which is once again provided below. "Notwithstanding any other provisions of this Chapter, if a legal nonconforming use was previously zoned for industrial use and contained buildings in excess of 44,000 square feet, then that property will be allowed a minimum of two years to find a new tenant after a tenant has vacated the property. If the property is still not leased after two years, the property owner may apply to the Director in writing for an additional one year extension, which shall not unreasonably be denied as long as the property owner shows that the property has been, and continues to be, actively marketed since the date it first became vacant. Any further extensions shall be at the discretion of the Director pursuant to the other provisions of this Section." A review of the approximate 26 properties along the adjacent portion of Sierra Highway which were down zoned from Industrial to Community Commercial during OVOV, finds no comparable industrial use. These other properties are a combination of storage yards, mini/self storage facilities, repair shops or vacant lots for sale. In comparison, the approximately 45,000 Lisa Eichman, Chair Santa Clarita Planning Commission April 16, 2013 Page 2 o('2 square foot building on the Property is attractive and well maintained, employs more than 200 people and has been an active participant in the Santa Clarita Enterprise Zone with approximately 26 certificates. We know that the only tenant of this building for more than 20 years, Morton Manufacturing, has agreed to relocate to'the City of Lancaster due to an extremely attractive package which that City put together. As a result, this property will be vacant when they relocate in approximately 2 years. Based on experience in Valencia, where the market is more attractive for this use, it is taking 33 months, or longer, to lease or sale comparable properties. While sometime in the future the other uses adjacent to the Property will hopefully become developed and viable economically under the Community Commercial zoning, this Property should not be held hostage to the new zoning if it is unable to secure a tenant in the artificially short time provided for in the existing ordinance. Thank you for giving this request your careful consideration, and we are available to answer any questions and to continue to work with the City staff on this issue. Very truly /yours, HUNT C. BRALY HCB/db cc: .lames Chow, City Planner .teff Hogan, City Planning Manager Clients HUNT C. BRALY Attorney at Law 25152 Springfield Court/Suite 100/ Valencia, CA 91355-1071/ Phone: (661) 287-3611 / FAX: (661) 291-1292 April 4, 2013 VIA U.S. MAIL AND E-MAIL f ichow(a),santa-clarita.coml ,lames Chow, Associate Planner City of Santa Clarita 23920 Valencia Blvd., Ste. 302 Santa Clarita, CA 91355 Re Uniform Development Code Zoning Amendment Dear Mr. Chow: This firm represents Sierra Highway Holdings, LLC, the owner ("Owner") of the property located at 17341 Sierra Highway (APN # 2839-002-036), which has been industrial zoned property since its construction in 1989. The property contains an approximate 45,000 square foot building located on an approximate 116,000 square foot site ("Property"). The Property was down zoned in the One Valley One Vision General Plan process from Industrial to Community Commercial. The Owner does not recall ever receiving notice of this downzoning. The Uniform Development Code Zoning Amendment has just recently been brought to its attention and this letter is to express our serious concerns regarding the impact of this zone change on the Property. This current building was constructed in 1989 for industrial users. It is one large building and the existing tenant, Morton Manufacturing, has been the only tenant since 1989. Morton. employs 200 workers, manufactures for the aerospace industry and is located within the Santa Clarita Enterprise Zone. If this industrial use is lost and the property must conform to the new Community Commercial zone, there would be significant adverse impacts to the Owner. These include, but are not limited to, significant new development costs which might not even be feasible, resulting in the multi-million dollar loss of value of the property to most likely the residual land value. j We understand that this portion of Sierra Highway is referenced in the General Plan as an area the City wants to upgrade. While there may be businesses adjacent to the Property which should be improved, the Morton building is well maintained and a positive business in this community. This change from Industrial to Community Commercial will also negatively impact the number of good paying manufacturing jobs currently provided for by this Property, which is contrary to the jobs housing balance called for in the General Plan. The City has tried to reassure the Owner that it can continue to utilize the industrial zoning under the provisions of Chapter 17.05 Legal Nonconforming Uses, Lots and Structures. James Chow, Associate Planner City of Santa Clarita April 4, 2013 Page 2 of 2 However, this Chapter provides that the Property loses its protection if the nonconforming use has been discontinued for a period of 180 calendar days. This causes great concern to the Owner due to the fact that its current tenant, Morton Manufacturing, has already agreed to relocate to a new building in the City of Lancaster. Industrial property can frequently be vacant for a period of time significantly in excess of 180 calendar days. Although Section 17.05.030 provides an exemption if the property owner notifies the Director of its intent to resume the use and the Director...." has approved a schedule for resumption of said use", this exemption is totally at the discretion:of the City and there is no indication of how long it can, or would be, granted. As a result there is very little protection for the Owner under this proposed Section. This also results in making the Property unmarketable since a future owner would not be willing to purchase the Property at full value due to the risk of losing the industrial use if the tenant relocates and the property becomes vacant. Due to the significant impact on the Owner and the potential loss of hundreds of good jobs, we would like to propose the following additional paragraph at the end of 17.05.030 "Notwithstanding any other provisions of this Chapter, if a legal nonconforming use was previously zoned for industrial use and contained buildings in excess of 44,000 square feet, then that property will be allowed a minimum of three years to find a new tenant after a tenant has vacated the property. If the property is still not leased after three years, the property owner may apply to the Director in writing for an additional one year extension, which shall not unreasonably be denied as long as the property owner shows that the property has been, and continues to be, actively marketed since the date it first became vacant. Any further extensions shall be at the discretion of the Director pursuant to the other provisions of this Section." We look forward to working with the City in resolving this issue and ensuring that the rights of the Owner and the goals of the City are met. Vey truly yours, HUNT C. BRALY HCB/db cc: Clients Et. STATE OF CALIFORNIA < GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. GOvERNOR r April 5, 2013 James Chow City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 Subject: Unified Development Code Update SCH#: 2013031015 Dear James Chow: 1"f OF OA10p0p REN ALEX DIRECTOR RFECEIVE® PLANNING DIVISION APR 10,242- 2-013 CITY OF SANTA CLARITA The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on April 4, 2013, and no state agencies submitted continents by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number when contacting this office. . Sincerely, ScoTFMorgan Director, State Clearinghouse 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 ivww.opr.ca.gov Document Details Renort State Clearinghouse Di Base SCH# 2013031015 Project Title Unified Development Code Update Lead Agency Santa Clarita, City of Type Neg Negative Declaration Description The proposed update to the UDC is a comprehensive update of the entire Code document, preserving the character of the City of Santa Clarita, while bringing the regulating Code up to the standards of the . new General Plan. The new General Plan was based on the principles of the New Urbanism to create a mix of uses throughout the City, facilitate the pedestrian connectivity in the City, along with achieving a ratio of two (2) jobs to each housing unit in the City. This would enable residential developments to create pockets of commercial services in close proximity, while enabling commercial development to incorporate residential uses where appropriate. The synergy created by mixing uses serves to shorten vehicle trips, reducing.vehicle miles traveled, encouraging alternative transportation modes, and thus reducing greenhouse gas emissions in the City. The UDC weaves these strategies into the implementing Code language in accordance with the goals and objectives of the General Plan. Lead Agency Contact Name James Chow Agency City of Santa Clarita - Phone (661)255-4330 Fax email Address 23920 Valencia Boulevard, Suite 302 City Santa Clarita State CA Zip 91355 Project Location County Los Angeles City Santa Clarita Region Lat/Long' Cross Streets Citywide Parcel No. Township Range Section Base Proximity to: Highways 1-5, SR 14 Airports - Railways Metrolink Antelope Valley Line Waterways Santa Clara River Schools Various Land Use The proposed Unified Development Code amendment will update the City's zoning code and zoning map to be consistent with the City of Santa Clarita General Plan adopted on June 14, 2011. Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Drainage/Absorption; Flood Plain/Flooding; Geologic/Seismic; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects Reviewing Resources Agency; Department of Fish and Wildlife, Region 5; Office of Historic Preservation; Agencies Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 7; Regional Water Quality Control Board, Region 4; Native American Heritage Commission; Public Utilities Commission Date Received 03/06/2013 Start of Review 03/06/2013 End of Review 04/04/2013 n oP�EOF\\,yiNC STATE OF CALIFORNIA, �4yA Governor's Office of Planning and Research State Clearinghouse and Planning Unit '+EaFM00' Edmund G. Brown Jr. ken Alex Governor Director April 15, 2013 ,lames Chow City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 Subject: Unified Development Code Update SCH#: 2013031015 Dear James Chow: The enclosed continent (s) on your Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on April 4, 2013. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late continents. However, we encourage you to incorporate these additional continents into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the ten -digit State Clearinghouse number (2013031015) when contacting this office. Sincerely, Sc�aa_ol gan ` Director, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL(916)445-0613 FAX(916)323-3018 www.opr.ea.gov SfAIP O"CACI°OANIA�IUSIN 3S, TItA�$j!Q2'('[Lt1QLJ gN[)HS�.USM(LAGENCI' PDMUNDG A_ROWN. 18. Qm-emn( DEPAR'T'MENT OF TRANSPORTATION %", DISTRICT 7, REGIONAL PLANNING 1,1"' i IGIUCEQA BRANCH - 100 MAIN STREET, MS 9 16 LOS ANGELF..S, CA 90012-3606 PI IONS: (213)897-9140 -GAX:.(213) 897-1337 - - - - ��w`43 April 10, 2013 City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 Dear Mr. Chow: Thank you for including the California D( environmental review process for the above r Unified Development Code is a comprehensive the character of the City of Santa Clarita, while of the new General Plan. The proposed amendments to the UDC are rel direct developmental impacts that alter traf subsequent development would be regulated by policies and would be subject to additional related impacts. City ,should request the future applicants go new development is proposed. At that time, comment on the specific project. Please inclu when a major specific project is proposed or w If you have any questions, please feel free to 897-8391 and refer to IGR/CEQA No, 130310 Sincerely, Z( DIANNA WATSON IGR/CEQA Branch Chief cc: Scott Morgan, State Clearinghouse RPR 15 2093 0 CEQA No. 130310AL-ND ied Development Code Update City Wide # 2013031015 Flex yow prover.' Be energy efcienfl It of Transportation (Caltrans) in the d project. The proposed .update, to the of.the entire Code document, preserving the regulating Code up to the standards tory in nature and are not anticipated to have load or .capacity on street systems: Any City's UDC, General Plan, and transportation )A review to determine the specific project - )ugh a separate environmental. process, when a lltrans will have an opportunity to review and this office in the environmental review process I a significant landuse is changed. Alan Lin the project coordinator at (213) "C'allrans improves mobillo, across California STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN. 1R Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 7, REGIONAL PLANNING IGR/CEQA BRANCH . 100 MAIN STREET, MS # 16 LOS ANGELES, CA 90012-3606 PHONE: (213) 897-9140 FAX: (213) 897-1337 April 10, 2013 Mr. James Chow City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 IGR/CEQA No. 130310AL-ND Unified Development Code Update Vic. City Wide SCH # 2013031015 Dear Mr. Chow: Flex your power! Be energy efficient! Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced project. The proposed update to the Unified Development Code is a comprehensive update of the entire Code document, preserving the character of the City of Santa Clarita, while bringing the regulating Code up to the standards of the new General Plan. The proposed amendments to the UDC are regulatory in nature and are not anticipated to have direct developmental impacts that alter traffic load or capacity on street systems. Any subsequent development would be regulated by the City's UDC, General Plan, and transportation policies and would be subject to additional CEQA reviewto determine the specific project - related impacts. City should request the future applicants go through a separate environmental, process when a new development is proposed. At that time, Caltrans will have an opportunity to review and comment on the specific project. Please include this office in the environmental review process when a major specific project is proposed or when a significant land use is changed. If you have any questions, please feel free to contact Alan Lin the project coordinator at (213) 897-8391 and refer to IGR/CEQA No. 130310AL. Sincerely, k� 0""L, DIANNA WATSON IGR/CEQA Branch Chief cc: Scott Morgan, State Clearinghouse "Caltrans improves mobility across California STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor PUBLIC UTILITIES COMMISSION 320 WEST 4TH STREET, SUITE 500 LOS ANGELES, OA 90013 (213)576-7083 March 18, 2013 James Chow City of Santa Clarita 23920 Valencia Boulevard, Suite 302 Santa Clarita, CA 91355 Dear Mr. Chow: Re: SCH 2013031015 Santa Clarita Unified Development Code Update DND The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway -rail crossings (crossings) in California. The California Public Utilities Code requires Commission approval for the construction or alteration of crossings and grants the Commission exclusive power on the design, alteration, and closure of crossings in California. The Commission Rail Crossings Engineering Section (RCES) is in receipt of the Draft Negative Declaration (DND) for the proposed City of Santa Clarita (City) Unified Development Code Update Project. The project site area includes railroad tracks running through. RCES recommends that the City add language to the Unified development Code Update so that any future development adjacent to or near the shared railroad/light rail right-of-way (ROW) is planned with the safety of the rail corridor in mind. New developments may increase traffic volumes not only on streets and at intersections, but also at at -grade crossings. This includes considering pedestrian circulation patterns or destinations with respect to railroad ROW and compliance with the Americans with Disabilities Act. Mitigation measures to consider include, but are not limited to, the planning for grade separations for major thoroughfares, improvements to existing at -grade crossings due to increase in traffic volumes and continuous vandal resistant fencing or other appropriate barriers to limit the access of trespassers onto the railroad ROW. If you have any questions in this matter, please contact me at (213) 576-7076,ykc a cpuc.ca.00v. Sincerely, Ken Chiang, P.E. Utilities Engineer Rail Crossings Engineering Section Safety and Enforcement Division C: State Clearinghouse COUNTY OF LOS ANGELES DEPARTMENT OF PARKS AND RECREATION "Parks Make Life Better!" Russ Guiney, Director John Wicker, Chief Deputy Director March 27, 2013 Mr. James Chow, Associate Planner City of Santa Clarita Department of Community Development 23920 Valencia Blvd., Suite 130 Santa Clarita, CA 91355 Dear Mr. Chow: Sent via email: ichow(cDsanta-clarita.com NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION MASTER CASE NUMBER 13- 009 UNIFIED DEVELOPMENT CODE (UDC) AMENDMENT 13-001 & ZONE CHANGE 13-001 Thank you for the opportunity to comment on the document cited above. We have determined that the proposed project, which proposes to comprehensively update the UDC to preserve the character of the City of Santa Clarita, while bringing the regulating code up to the standards of the new General Plan, will not affect any Departmental facilities. If you have any questions, please contact me at (213) 351-5127 or by email at: 0yom(a) Parks. lacou nty.g ov. Sincerely, Julie Yom, Park Planner (�\1 Environmental and Regulatory Permitting JY/ City of Santa Clarita, Unified Development Code Amendment c: Parks and Recreation (N. E. Garcia, K. King, J. Rupert, L. Bradley, O. Ruano) Planning and Development Agency • 510 South Vermont Ave • Los Angeles, CA 90020-1975 • (213) 351-5198 &—y 2) dGa YJ April 5, 2013 C� County of Los Angeles sheriffs Department Headquarters 4700 Ramona Boulevard Monterey Park, California 91754-2169 Jeff W. Hogan, AICP Planning Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 Attention: Mr. James Chow, Associate Planner Dear Mr. Hogan: REVIEW COMMENTS INITIAL STUDY AND NEGATIVE DECLARATION SANTA CLARITA UNIFIED DEVELOPMENT CODE MASTER CASE NUMBER 13-009 The Los Angeles County Sheriff's Department (Department) submits the following review comments on the Initial Study and Negative Declaration (IS/ND), dated February 28, 2013, for the proposed Amendment (Amendment) to the Santa Clarita Unified Development Code (UDC). The proposed Amendment will bring the UDC into consistency with the City's recently -updated General Plan, and will facilitate the implementation of the General Plan's goals, objectives, and policies. The IS/ND was reviewed by the Department's Santa Clarita Valley Station (see the attached correspondence, dated March 28, 2013, from Captain Paul Becker). In summary, the proposed Project is not expected to have a significant impact on the Station's resources or operations. Also, the Station supports the continued assessment of fees that support law enforcement services, and the continued implementation of long-range planning strategies. Lastly, the Station recommends the incorporation of law enforcement strategies to further address City-wide public safety issues. Thank you for including the Department in the environmental review process for the proposed Amendment. Should you have any questions of the Department regarding this matter, please contact Lester Miyoshi, of my staff, at (626) 300-3012, and refer to ✓Padlion of &Foice 6ince 1950 Mr. Hogan -2- April 5, 2013 Facilities Planning Bureau Tracking Number E13-010. You may also contact Mr. Miyoshi, via e-mail, at Lhmiyosh(cDIasd.org. Sincerely, LEROY D. BACA, SHERIFF Gary T.K.Tse, Director Facilities Planning Bureau COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT "A Tradition of Service" DATE: March 28, 2013 n OFFICE CORRESPONDENCE FROM: PAUL BECKER, CAPTAIN TO: GARY T.K. TSE, DIRECTOR SANTA CLARITA VALLEY STATION FACILITIES PLANNING BUREAU SUBJECT: SUBJECT: PROJECT REVIEW COMMENTS FOR THE UNIFIED DEVELOPMENT CODE - a 7n10i The Santa Clarita Valley Station (Station) reviewed the Initial Study (IS) and Negative Declaration (ND) for the proposed Amendment (Amendment) to the Santa Clarita Unified Development Code (UDC). The proposed Amendment will bring the UDC into consistency with the City's recently -updated General Plan, and will facilitate the implementation of the General Plan's goals, objectives, and policies. Based on our review of the IS/ND, the proposed Amendment is not expected to significantly impact the Station's resources or operations. The Station generally concurs that the UDC and proposed Amendment could prove beneficial to the long-term health, safety, and welfare of those who live, work, visit, conduct business, or travel through the City. However, in order to further address existing and potential public safety concerns in the City, development standards contained in the UDC should incorporate various law enforcement strategies that are specifically intended to discourage criminal activities, aid law enforcement patrol operations, and/or aid in criminal investigation efforts. With ample notice, Station personnel can be available to discuss such strategies with you. Also, please be advised that the Station remains concerned that, if left unchecked, the continued rapid growth of the Santa Clarita Valley will impact our ability to provide an adequate level of law enforcement U l services to our patrol area, including the City of Santa Clarita. As such, the Station supports Law Enforcement Facilities Fees, as described in Division 17.50, Section 17.51.010, Subsection B, of the UDC, and the implementation of long-range growth management practices such as the UDC and proposed Amendment. Thank you for including the Station in the environmental review process for the proposed Amendment. Should you have any questions of the Station regarding this matter, please feel free to contact me at (661) 255-1121, or Deputy Mark Manskar at extension 5159. PB.MM plRp COUNTY OF LOS ANGELES t FIRE DEPARTMENT '>, r 1320 NORTH EASTERN AVENUE LOS ANGELES, CALIFORNIA 90063-3294 OFP4gTME�A (323) 881-2401 DARYLL.OSBY FIRE CHIEF FORESTER & FIRE WARDEN April 9, 2013 James Chow, Associate Planner Department of Community Development City of Santa Clarta 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Dear Mr. Chow NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION, UNIFIED DEVELOPMENT CODE UPDATE, A COMPREHENSIVE UPDATE OF THE ENTIRE CODE DOCUMENT, PRESERVING THE CHARACTER OF THE CITY, WHILE BRINGING THE REGULATING CODE UP TO THE STANDARDS OF THE NEW GENERAL PLAN, CITYWIDE, SANTA CLARITA (FFER #201300048) The Notice of Intent to Adopt a Negative Declaration has been reviewed by the Planning Division, Land Development Unit, Forestry Division and Health Hazardous Materials Division of the County of Los Angeles Fire Department. The following are their comments: PLANNING DIVISION: We have no comments at this time. LAND DEVELOPMENT UNIT: The proposed development may necessitate multiple ingress/egress access for the circulation of traffic and emergency response issues. 2. The development of this project must comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows and fire hydrants. 3. Specific fire and life safety requirements for the construction phase will be addressed at the building fire plan check. There may be additional fire and life safety requirements during this time. SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS CALABASAS DIAMOND BAR HIDDEN HILLS LA MIRADA MALIBU POMONA SIGNAL HILL ARTESIA CARSON DUARTE HUNTINGTON PARK LA PUENTE MAYWOOD RANCHO PALOS VERDES SOUTH EL MONTE AZUSA CERRITOS EL MONTE INDUSTRY LAKEWOOD NORWALK ROLLING HILLS SOUTH GATE BALDWIN PARK CLAREMONT GARDENA INGLEWOOD LANCASTER PALMDALE ROLLING HILLS ESTATES TEMPLE CITY BELL COMMERCE GLENDORA IRWINDALE LAWNDALE PALOS VERDES ESTATES ROSEMEAD WALNUT BELL GARDENS COVINA HAWAIIAN GARDENS LA CANADA FLINTRIDGE LOMITA PARAMOUNT SAN DIMAS WEST HOLLYWOOD BELLFLOWER CUDAHY HAWTHORNE LA HABRA LYNWOOD PICO RIVERA SANTA CLARITA WESTLAKE VILLAGE BRADBURY WHIT -TIER James Chow, Associate Planner April 9, 2013 Page 2 4. Every building constructed shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the prescribed width. The roadway shall be extended to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building. 5. The maximum allowable grade shall not exceed 15% except where topography makes it impractical to keep within such grade. In such cases, an absolute maximum of 20% will be allowed for up to 150 feet in distance. The average maximum allowed grade, including topographical difficulties, shall be no more than 17%. Grade breaks shall not exceed 10% in ten feet. 6. When involved with subdivision in a city contracting fire protection with the County of Los Angeles Fire Department, Fire Department requirements for access, fire flows and hydrants are addressed during the subdivision tentative map stage. 7. Fire Department requirements for access, fire flows and hydrants are addressed during the building permit stage. Fire sprinkler systems are required in some residential and most commercial occupancies. For those occupancies not requiring fire sprinkler systems, it is strongly suggested that fire sprinkler systems be installed. This will reduce potential fire and life losses. Systems are now technically and economically feasible for residential use. The development may require fire flows up to 5,000 gallons per minute at 20 per square inch residual pressure for up to a five-hour duration. Final fire flows will be based on the size of buildings, its relationship to other structures, property lines, and types of construction used. 10. Fire hydrant spacing shall be 300 feet and shall meet the following requirements: a) No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant. b) No portion of a building shall exceed 400 feet via vehicular access from a properly spaced public fire hydrant. c) Additional hydrants will be required if hydrant spacing exceeds specified distances. d) When cul-de-sac depth exceeds 200 feet on a commercial street, hydrants shall be required at the corner and mid -block. e) A cul-de-sac shall not be more than 500 feet in length, when serving land zoned for commercial use. 11. Fire hydrant spacing shall be 300 feet and shall meet the following requirements: a) No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant. James Chow, Associate Planner April 9, 2013 Page 3 b) No portion of a building shall exceed 400 feet via vehicular access from a properly spaced public fire hydrant. c) Additional hydrants will be required if hydrant spacing exceeds specified distances. d) When cul-de-sac depth exceeds 200 feet on a commercial street, hydrants shall be required at the corner and mid -block. e) A cul-de-sac shall not be more than 500 feet in length, when serving land zoned for commercial use. 12. Turning radii shall not be less than 32 feet. This measurement shall be determined at the centerline of the road. A Fire Department approved turning area shall be provided for all driveways exceeding 150 feet in -length and at the end of all cul-de-sacs. 13. All on-site driveways/roadways shall provide a minimum unobstructed width of 28 feet, clear - to -sky. The on-site driveway is to be within 150 feet of all portions of the exterior walls of the first story of any building. The centerline of the access driveway shall be located parallel to and within 30 feet of an exterior wall on one side of the proposed structure. 14. Driveway width for non-residential developments shall be increased when any of the following conditions will exist: a) Provide 34 feet in -width, when parallel parking is allowed on one side of the access roadway/driveway. Preference is that such parking is not adjacent to the structure. b) Provide 42 feet in -width, when parallel parking is allowed on each side of the access roadway/driveway. c) Any access way less than 34 feet in -width shall be labeled "Fire Lane" on the final recording map, and final building plans. d) For streets or driveways with parking restrictions: The entrance to the street/driveway and intermittent spacing distances of 150 feet shall be posted with Fire Department approved signs stating "NC PARKING - FIRE LANE". in three-inch high letters. Driveway labeling is necessary to ensure access for Fire Department use. 15. Fire hydrant spacing shall be 300 feet and shall meet the following requirements: a) No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant. b) No portion of a building shall exceed 400 feet via vehicular access from a properly spaced fire hydrant. c) When cul-de-sac depth exceeds 200 feet, hydrants will be required at the corner and mid - block. d) Additional hydrants will be required if the hydrant spacing exceeds specified distances James Chow, Associate Planner April 9, 2013 Page 4 16. All on-site driveways shall provide a minimum unobstructed width of 28 feet, clear -to -sky. The 28 foot width does not allow for parking, and shall be designated as a "Fire Lane" and have appropriate signage. The centerline of the on-site driveway shall be located parallel to and within 30 feet of an exterior wall on one side of the proposed structure. The on-site driveway is to be within 150 feet of all portions of the exterior walls of the first story of any building. 17. The 28 feet in width shall be increased to: a) 34 feet in width when parallel parking is allowed on one side of the access way. b) 36 feet in width when parallel parking is allowed on both sides of the access way. c) Any access way less than 34 feet in width shall be labeled "Fire Lane" on the final recording map, and final building plans. d) For streets or driveways with parking restrictions: The entrance to the street/driveway and intermittent spacing distances of 150 feet shall be posted with Fire Department approved signs stating "NO PARKING - FIRE LANE" in three-inch high letters. Driveway labeling is necessary to ensure access for Fire Department use. 18. All access devices and gates shall meet the following requirements: a) Any single gated opening used for ingress and egress shall be a minimum of 26 feet in - width, clear -to -sky. b) Any divided gate opening (when each gate is used for a single direction of travel i.e., ingress or egress) shall be a minimum width of 20 feet clear -to -sky. c) Gates and/or control devices shall be positioned a minimum of 50 feet from a public right- of-way, and shall be provided with a turnaround having a minimum of 32 feet of turning radius. If an intercom system is used, the 50 feet shall be measured from the right-of-way to the intercom control device. d) All limited access devices shall be of a type approved by the Fire Department. e) Gate plans shall be submitted to the Fire Department, prior to installation. These plans shall show all locations, widths and details of the proposed gates. 19. All proposals for traffic calming measures (speed humps/bumps/cushions, traffic circles, roundabouts, etc.) shall be submitted to the Fire Department for review, prior to implementation. 20. Provide three sets of alternate route (detour) plans, with a tentative schedule of planned closures, prior to the beginning of construction. Complete architectural/structural plans are not necessary. 21. Disruptions to water service shall be coordinated with the County of Los Angeles Fire Department and alternate water sources shall be provided for fire protection during such disruptions. James Chow, Associate Planner April 9, 2013 Page 5 22. The County of Los Angeles Fire Department, Land Development Unit's comments are only general requirements. Specific fire and life safety requirements will be addressed at the building and fire plan check phase. There may be additional requirements during this time. 23. The County of Los Angeles Fire Department, Land Development Unit appreciates the opportunity to comment on this project. FORESTRY DIVISION —OTHER ENVIRONMENTAL CONCERNS: The statutory responsibilities of the County of Los Angeles Fire Department, Forestry Division include erosion control, watershed management, rare and endangered species, vegetation, fuel modification for Very High Fire Hazard Severity Zones or Fire Zone 4, archeological and cultural resources and the County Oak Tree Ordinance. Potential impacts in these areas should be addressed. HEALTH HAZARDOUS MATERIALS DIVISION: Based on the submitted documents the Health Hazardous Materials Division has no objection to the project. If you have any additional questions, please contact this office at (323) 890-4330. Very truly yours, FRANK VIDALES, ACTING CHIEF, FORESTRY DIVISION PREVENTION SERVICES BUREAU FV:ij PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The City of Santa Clarita is proposing a comprehensive update to the Unified Develop- ment Code (UDC Update), which includes text amendments to Title 16 (Subdivisions) and Title 17 (Zoning) of the Municipal Code as well as an update to the zoning map to ensure consistency with the General Plan, as required by State law. The UDC Update includes, but is not limited to, updates to definitions, general procedures, grading, hillside development, overlay zones, parking standards, property development standards, sign standards, subdivisions, and use permit requirements. PLANNING COMMISSION ACTION: On April 16, 2013, the Planning Commission voted 5-0 to recommend that the City Council certify the Negative Declaration prepared for the project and approve the proposed UDC Update. A DRAFT NEGATIVE DECLARATION has been prepared for this proposed project and was posted for public review from March 5, 2013 to April 4, 2013. A copy of the Negative Declaration and all supporting documents are available at the Permit Center public counter, located in the City Hall Building at 23920 Valencia Boulevard, Suite 140, Santa Clarita, California, 91355. The City of Santa Clarita City Council will conduct a public hearing on this matter on the following date: DATE: May 28, 2013 TIME: At or after 6:00 p.m. LOCATION: City Hall, Council Chambers 23920 Valencia Blvd., First Floor Santa Clarita, CA 91355 If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. For further information regarding this proposal, you may refer to www.santa-clarita.com/udcupdate or contact the City of Santa Clarita, Department of Community Development, 23920 Valencia Blvd., Suite 140, Santa Clarita, CA 91355; Telephone: (661) 255-4330, James Chow, Associate Planner. Dated: May 7, 2013 Armine Chaparyan, Interim City Clerk The Signal Publish Date: May 7, 2013 11173 I.indd 1 5/1/2013 9:58:18 AM CITY OF SANTA CLARITA COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING FOR THE UNIFIED DEVELOPMENT CODE UPDATE PROJECT TITLE: Unified Development Code Update APPLICATION: Master Case No. 13-009 UDC Update 13-001, Zone Change 13-001, Initial Study 13-001 PROJECT APPLICANT: City of Santa Clarita PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The City of Santa Clarita is proposing a comprehensive update to the Unified Develop- ment Code (UDC Update), which includes text amendments to Title 16 (Subdivisions) and Title 17 (Zoning) of the Municipal Code as well as an update to the zoning map to ensure consistency with the General Plan, as required by State law. The UDC Update includes, but is not limited to, updates to definitions, general procedures, grading, hillside development, overlay zones, parking standards, property development standards, sign standards, subdivisions, and use permit requirements. PLANNING COMMISSION ACTION: On April 16, 2013, the Planning Commission voted 5-0 to recommend that the City Council certify the Negative Declaration prepared for the project and approve the proposed UDC Update. A DRAFT NEGATIVE DECLARATION has been prepared for this proposed project and was posted for public review from March 5, 2013 to April 4, 2013. A copy of the Negative Declaration and all supporting documents are available at the Permit Center public counter, located in the City Hall Building at 23920 Valencia Boulevard, Suite 140, Santa Clarita, California, 91355. The City of Santa Clarita City Council will conduct a public hearing on this matter on the following date: DATE: May 28, 2013 TIME: At or after 6:00 p.m. LOCATION: City Hall, Council Chambers 23920 Valencia Blvd., First Floor Santa Clarita, CA 91355 If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior to, the public hearing. For further information regarding this proposal, you may refer to www.santa-clarita.com/udcupdate or contact the City of Santa Clarita, Department of Community Development, 23920 Valencia Blvd., Suite 140, Santa Clarita, CA 91355; Telephone: (661) 255-4330, James Chow, Associate Planner. Dated: May 7, 2013 Armine Chaparyan, Interim City Clerk The Signal Publish Date: May 7, 2013 11173 I.indd 1 5/1/2013 9:58:18 AM