HomeMy WebLinkAbout2013-06-11 - AGENDA REPORTS - UPDATE UDC MC 13-009 (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 11
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
June 11, 2013
SECOND READING AND ADOPTION OF AN ORDINANCE FOR
THE COMPREHENSIVE UPDATE OF THE UNIFIED
DEVELOPMENT CODE (MASTER CASE NO. 13-009)
Community Development
RECOMMENDED ACTION
City Council:
1. Adopt the Negative Declaration prepared for the project.
2. Conduct a second reading and adopt 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
On May 28, 2013, the City Council conducted the public hearing for the comprehensive update
of the Unified Development Code (UDC Update). At that meeting, the City Council voted 4-0 to
introduce and pass to a second reading an ordinance amending the UDC and zoning map. Mayor
Pro Tem Weste recused herself from the vote.
ALTERNATIVE ACTIONS
Other actions as determined by the City Council.
FISCAL IMPACT
No fiscal impact.
ATTACHMENTS
Ordinance -
Exhibit A - Unified Development Code Update - 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 - City Council Changes
Exhibit F - Municipal Code Amendments for Title 17 References
Exhibit G - Negative Declaration and Initial Study
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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.
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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
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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.
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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.
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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
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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
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• 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
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• 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
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accordance with the provisions of this Code.
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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
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® 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
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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
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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.
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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.
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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
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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.
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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.
•
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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.
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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.
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Title 16 — Subdivisions (16.01-16.41)
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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).
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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.
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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:
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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.
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Title 16— Subdivisions (16.01-16.4 1)
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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.
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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.
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Title 16— Subdivisions (16.01-16.4 1)
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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.
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Title 16 — Subdivisions (16.01-16.41)
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• 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.
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Title 16— Subdivisions (16.01-16.41)
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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.
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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).
•
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Title 16—Subdivisions (16.01-16.41)
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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.
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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.
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Title 16 — Subdivisions (16.01-16.41)
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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;
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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
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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.
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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
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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. •
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Title 16 — Subdivisions (16.01-16.41)
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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
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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
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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
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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)
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•
•
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.
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Title 16 – Subdivisions (16.01-16.41)
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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 •
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Title 16 –Subdivisions (16.01-16.41)
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• 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.
•
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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:
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•
•
•
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;
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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.
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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;
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Title 16 — Subdivisions (16.01-16.41)
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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.
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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;
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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.
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® 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�
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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
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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.
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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
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Title 16 — Subdivisions (16.01-16.41)
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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.
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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)
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• 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.
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Title 16— Subdivisions (16.01-16.4 1)
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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.
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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.
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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
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Table of Contents
Page 2
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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
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Division 17.00 —General Procedures (17.01-17.09)
Page 1
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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.
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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.
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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.
•
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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.
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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).
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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.
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Division 17.00—General Procedures (17.01-17.09)
Page 8
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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.
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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.
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Division 17.00—General Procedures (17.01-17.09)
Page 10
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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.
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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.
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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.
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Division 17.00 —General Procedures (17.01-17.09)
Page 12
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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.
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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.
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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;
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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:
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® 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;
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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.
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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;
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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
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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.
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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
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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;
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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.
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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
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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; •
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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.
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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.
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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.
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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.
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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.
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Division 17.00 —General Procedures (17.01-17.09)
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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
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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:
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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 _
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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.
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Division 17.00 — General Procedures (17.01-17.09)
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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;
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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.
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Division 17.10 Definitions
Chapter 17.11 Definitions
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Division 17.10—Definitions (17.11)
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• 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.
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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 •
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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
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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.
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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.
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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.
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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
•
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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.
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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.
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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.
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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.
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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. •
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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;
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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
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January 2013 1 DRAFT
Division 17.20 —Applications (17.22-17.28)
Page 2
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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
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® 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.
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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).
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Division 17.20 —Applications (17.22-17.28)
Page 6
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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;
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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
•
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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;
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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.
•
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Division 17.20 —Applications (17.22-17.28)
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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;
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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).
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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:
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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
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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.
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Division 17.20 —Applications (17.22-17.28)
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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.
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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;
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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.
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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
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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.
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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.
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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 •
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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.
•
•
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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
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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
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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.
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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
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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.
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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
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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:
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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
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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.
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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.
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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.
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Division 17.20 —Applications (17.22-17.28)
Page 34
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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.
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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).
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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).
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Division 17.20—Applications (17.22-17.28)
Page 36
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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:
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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).
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Division 17.20 —Applications (17.22-17.28)
Page 38
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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
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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).
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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:
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Division 17.20 — Applications (17.22-17.28)
Page 42
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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).
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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).
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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).
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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.
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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
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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;
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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).
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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.
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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.
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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).
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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)).
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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.
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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).
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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.
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7. The proposed use or development does not alter natural landmarks and prominent •
natural features of the ridgelines.
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•
•
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.
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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).
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•
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).
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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).
•
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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).
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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). •
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•
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:
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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;
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•
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).
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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
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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.
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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
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•
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
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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)).
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•
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;
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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
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•
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.
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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. 0
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.
I 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
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
9
0 J. List of Specific Plans.
0
0
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
orridor Plan Name
Ordinance of
Date of Adoption
Plan
Adoption
Number
I
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: 0
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.
1. Additional Requirements for Amendments.
I. 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 20 13 1 un Ar I
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 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.
I 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
11 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 Requirenientsfbr 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 0
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 Requirementsfor Aniendments.
I 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
0
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 I
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 2
0
0
E
0
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 40
with the Zoning Map as approved by Council ordinance.
January 2013 1 DRAFT
Division 17.30 — Zones (17.31-17.39)
Page 4
0
Chapter 17.32 Non -Urban Zones
SECTIONS:
Minimum Density (units per_acTe)____
17.32.010
Non -Urban I (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.
0
17.32.010 Non -Urban I (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 14rgely 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_acTe)____
N/A
.. ................ ............. ....... ..
Minimum Net Lot Area (in acres)__
------
20
........... ....... ........
200
Cul-de-sac/knuckle lot width infect)
40
yard�setback (in feet)
—
20
,Front
Side yard setback, each side �in feet)
--5/-5-
Side yard setback, reverse comer lot (in feet)
20
— ------------- -------
Rearya fe
---'n
15
Maximum height of mai structure without
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 acce�sorystructu
...... .. .... .
6
Setbacks for public and semi-public uses from residential
25
property lines (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. 0
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
0
0
0
is
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.
A. Development Standards.
Property in the NU2 zone shall be subject to the following general development
standards:
Maximum Density (units per gross_acre)__
-in
0.1
Mini y er acre
Densit LumiLs
--Y-
-&Cini—i�u��-N--e-t--LotArea__(�qacre�)__
N/A
Lot Width (in feet)
200
Cul-de-sac/knuckle lot width (in feet)
......... .....
40
Front yard setback (in feet)
1-1-1
20
- --- - --------- --------......
-Side y�rd setbac_k,_each ide(J
_sJd
5/5
Side yard setbac reversecomer lot feet)
20
_(in
Rear yard setback (in feeg
--- - ------------ - --
15
Maximum height of main structure without a CUP in feet
I 35
. ... ..... . .. ...... . . ............... .. .
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)_
0
......... . .. .
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.
F.11
F-9.1
Development Standards.
Property in the NU3 zone shall be subject to the following general development
standards:
Maximum Densitv (units ner Rross acre) 1 0.2
Minimum Net Lot Area (in acres)
5
Lot Width fie -et) .. ..... ... . .. .. .......... . ..... ........... .... . . ...... .... . ... .... ........ ...... ........ ... .... --------- - -
00
00
_(in
Cul-de-sae/knuckle lot width (in feet)_
.. . . . . ...... ...".." ... .... . .... ....
40
I ..... ...
Front yard setback _(in
20
side (in feet)
5/5
_��Lky4i�dsctba�ckLeach
Side yard setback, reverse comer lot feet)
20
_(in
Rear yard_setbac k (in feet)
- -
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 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.
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 zoDe.
January 2013 1 DRAFT
Division 17.30 — Zones (17.31-17.39)
Page 8
0
0
0
0
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 I
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) 20
Side yard setback, each side (in_ feet) 5/5
Side 20
_yard setback, reverse comer lot (in feet)
Rear y
a d msetba&6(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 themain structure - without a CUP(in feet) -
Distance between main structures
I - 0
Distance between main and accesasory 6
struchux
es
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. 0
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.
0
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 10
0
0
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 Densit units p�r
YJ gross acre)
1.0
Minimum Density (units per acre)
N/A -
Minimum Net Lot Area (in square feet)
..... . ......... .....
43,1_5160 ----- - --_----- -
Lot Width (in feet)
1 100
Cul-de-sac/knuckle lot width (in feet)
40
Front yard setback (in �fet)
20
Side yard setback, each side (in feet)
5/5
Side yard setback, reverse comer -lot (in feet)
20
Rear yard_setback (in t)
15
Maximum height of main struc Lnfeet)___I
35
Maximum height of accessory structures not exceeding the
35
height of the main structure without a CUP (in fee
. . ........... ...... ....
Distance between main struc tu reOn feet)
10
- - -
Distance between maln-and. accessory structures (in feet)
1-6 ......
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 I I
B. Permitted Uses. 0
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.
0
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 I (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 I (URI) Zone.
The Urban Residential I (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_(umtsper gross acr
2.0
Minimum Density (unitsper a e
N/A
Minimum Net Lot Area _(in sq�iare feet)
- 20,000
Lot Width_(in- feetI.- ............................................ . .......... . ..... ------- -
75 -- ---- - --- . .. . .... ..........
Cul-de-sac/knuckle lot width
40
Front y ard setback (in et)
20
Side yard setback, each side (in feet)
5/5
yard setback, reverse comer lot (in feet)
-Side - - ----------------- - - - ------ ----- - --
Rear yArd setback (in feet)
15
Maximum struc _ tu - re - - without a CUP e
_(infce�
35-
Maximum height of accessory structures not exceeding the
35
-height of the main structure without a CUP (in feet)
- -- - - - --
Distance between main structures (infeet)
�- . I ............
10
Distance between main and accessory structures (in
. ... ..... . ... . -
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. 0
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
0
0
0
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:
Max-itnum Density __(units p gross acre)___
5.0
Minimum Density (units per acre)
N/A
Minimum Net -Lot Area ri� a�efeSt
_(L q�
5,000
_Lot Width (m feet)
50
lot width(inficet)
-.,C-u-.I.,-.-d..e..-.-s.,a.c../.knuckle . .. ......... ....
.... I—— ---- -
Front yardsetback _(in feet) -------- ----------------- --
-- I - - --------------
20
-Side yjard setback, each side _�in feet) ----------- ----- ---
5/5
Side yard setbac reverse comer lot (in feet)
10
Rear yard setback (mLect)_1
r 15
Maximum height of main structure without a CUP (in feet)
-- . ...... .... . ......... .. . ......... - . ... . ........ . .. ............ .. .................. .............. ..............
35
Maximum height of accessory structures not exceeding the
20
Jjeigljtof#� main structure (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.
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
I I dwelling units per acre provided associated recreational facilities are provided.
a
N
Development Standards.
Property in the UR3 zone shall be subject to the following general development
standards:
Maximum Density n
(u its per gross acre)
11.0
Mi n i mum De nsity _(u n its pe r acre)
6.0
Minimum Net Lot Area (in square fee
1 5,00
,Lot Width_(in feet ..... .. . .. ... .. . .. . ..... .
5.9-
. .........
Cul-de-sac/knuckle lot width (in fee
- - --- ---------- . . ........... .. .
40
front yard setback __ �in feet) ...
y Lrd_.�etbac enh n feet
515
_Sidey�rd setback reverse comer lot (in feet)
10
Rear yard setback (in feetJ
-height
15
Maximum of-main'structure-withouta CUP-On-fe _t)
35
Maximum height of accessory structures not exceeding the
20
ftlLe main _�tructure _(in fee
Distance between main structu es
r - _(in feet)
10
Di.-s.t.ance,,,b.,e.t,wee.n...m.-a.in and a-c-,ce,.s..s.ory,s-.t-r.u,cture_s ((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
E,
0
0
0
0
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.
a
H
Development Standards.
Property in the UR4 zone shall be subject to the following general development
standards:
Maximum Densi y (units per gross acre)
1 18.0
M.,i,n.i..m.u,,m,.,D,.en..s.,i.ty ( nits.- per acrc)----,., - - - ------ - -
9--0-
.Mini.m.um-Net Lot Area (in square feet)
4,500
Lot Width (in feet)
1 40
Cul-de-sac/knuckle lot width (in feet)_
Front yard setback
20
Side yard setback, each side (in feet)
515
Side yard setback, reverse comer lot (in feet)
Rear Xand setback feet)_____
15
_(in
Maximum hei lit of main structure without a CUP (Ln feet�
1 35
Maximum height of accessory structures not exceeding the
20
heigirt of the main structure (infeet)__
Distance between main structures(in feet)
10
. .. ............ .. - 1 11.111.1 1 1 .. .. ...... I-—
Distance between main and accS�soi3Lst
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 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
[a
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 Net Lot Area (in square feet) . . ... .... ..
. . .. . ..... ..... .. .... .. ..........
. ..........
4,500
Widtll fin feet)_________
40
Cut-de-sac/kumkle lot width (i
40
Front yard_setback_(in feet)
20
Side yard_ setback, each side (in feet) ................... -------- ...
......... 5,./,5
Side yard setback, reverse comer lot (inLeet)
- - - -------- .
10
. .......
Rear y ,ard setback Qn 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 fee
Distance between main struct!yes feet
10
Distance between main and accessory structures (in feet)
i 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 (17.3 1-17.39)
Page 18
0
0
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.
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
. ----- ---- -- — - — - — - --- -- - ----- ----------- - — --------------------------- ---
,Max.imu-m..L,o,t ----- -- .— . .. .. ... .. I ---------- - - -- ---- J 80%
..... ... .....
..-.Maximum- Density (units per gross _acre)_
Minimum De sit units p
n ry (_ �r gross acr 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 � 5
Maximum heiRht of a structure without a CUP (in I
��_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.
0
F. -I
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
75%
Maximum Density (units per gross acre) 18
Minimum D (units acre
-§e—tback from public right of way (Major or Secondary Highway) 10
qe-11sity PcT_gjo��__ N/A
Setback from public right of way (not on a Major or Secondary 5
Maximum height of a structure wilthout a CUP (ja�) 35
Setbacks from residential 2roperty 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
0
0
0
0
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
-Maximum
2.0
Lot Coverage without a CUP
90%
Maxi.mum Density (units per gross, acre)
50
Minimum Densit nits per gross acre)
- -- --- YJU
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 0 - n __ fee - t ' ) - _[q5
Setbacks from resi�eniiai-�ropert�iine�-�in-�ce 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
[a
Development Standards.
Property in the BP zone shall be subject to the following general development
standards:
Maximum Floor Area Ratio (F
2.0
Maximum Lot Coverag� :90%
.-M.aximum-Density- (units per gross acre N/A
Minimum Density (units per gross acri
e)_ 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
S–et,backs fr—om r_e_s_i_d_e_nt_i_aI2r'o p --e- _rty I —ines (in -f–e–
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
0
Ll
0
17.34.050 Industrial Zone (1).
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
Maxi mum L o t Cov er age 90%
.. ...... . ........... ------ - --- -
Maximum -Density (units per gross acre) . . . . ....... ...... N/A
Minimu m D ensit itsyc r g -qs s_acre
(1!!I�_ _r N/A
Setback from public r ght of way (Major or Secondary ig way 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 i-2-5
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 undermilized 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:
I .
Maximum Density (units per gross acre)
30
I
Mmimum�Density (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
I
Lle.e
9_
Y_imL
Ma± um bei ��htofb�uildm /�struct�ure�witho�uta�CUP�(in�feet��lI
50
[Notes;
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
11
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 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
I 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
lCommercial Use Types I I
1 1. JAnimal 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
0
E
F- IL
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.
113usiness 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.
iPersonal 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
0
E
F- IL
E
0
0
Industrial Use Types
g. Vendors, Long Term
M
14.
Schools, Specialized
IStudios, Recording
1C
a. Vocational Schools
M
Museums, Private
b. Instructional Schools
M
15.
Self Storage
C
Industrial Use Types
=ight Manufacturing
Community Assembly
2.
IStudios, Recording
1C
Public and Semi -Public Use Types
I .
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.
1 Fanner's Market
M
2.
IRiding Trails
P
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page27
Temporary Use Types
I .
Temporary Residence
a. Short Term
b. Long Term
T
M
2.
Temporary Real Estate Office
T
3.
Holiday Sales
T
4.
i Temporary Uses in Accordance with this Code
F
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
0
0
0
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 corm-nercial 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.
0
Development Standards.
Property in the MXC zone shall be subject to the following general development
standards:
I .
Maximum Densit (units per gross acre)
y
18
2.
Minimum Density ross 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!y 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)
S.
Structure setback from neighboring residential zones or uses
25
(in feet)
9.
Maximum height of building/structure (in feet)
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.
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
1C
13.
Transitional Housing
I 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 A
0
0
11ndustrial Use Types —1
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
10.1
Professional Offices
P
b. Call Center
M
11.
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
c ion s, pecialized
a. Vocational Schools
M
b. Instructional Schools
M
15.
Self Storage ic
11ndustrial Use Types —1
January 2013 1 DRAFT
Division 17.30 –Zones (17.31-17.39)
Page 31
1.
ILight Manufacturing
IC
2.
1 Studios, Recording
IC
Public and Semi -Public Use Types
I .
Community Assembly
C
2.
Heliport/Helipad
C
3.
Museums, Private
M
4.
Parks, Public and Private
C
5.
iPublic 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.
1 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
= .
=Farmer's Market
M
2.
IRiding 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
iT
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 32
0
1�1
0
E
0
0
1 4. ITemporary Uses in Accordance with this Code IT I
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%tol5%
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.
Maxirauml�cnsity ts er
_(un�gross acre
50
2.
Minimum Density (units per gross acre)'
19
3.
Maximum Floor Area Ratio (FAR) of non-residential
3.0:1.0
compoilent
4.
Minimum Floor Area Ratio (FAR) of non-residential
0.3it.0
component]
5.
Building setback from public right-of-way (major or
5
secondary highwayl _(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
1015
_(�m fe c
8.
Structure setback from residential zones or uses (in feet)
9.
Maximum height of building/structure without a CUP (in feet)
50
Notes:
I Floor area ratios less than the minimum required shall be subject to a minor use pen -nit.
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
0
1�1
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).
0
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 LivingiWorking Quarters
M
8.
Model Homes
M
9.
Residential Health Care Facility
C
10.
Residential Service/Care Home
C
11.
Second Unit
P
12.,Supportiv
Housing
C
13. 1
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
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
g. Vendors, Long Tenn
M
14.
Schools, Specialized
a. Vocational Schools
M
b. Instructional Schools
M
January 2013 1 DRAFT
Division 17,30 —Zones (17.31-17.39)
Page36
40
0
0
0
0
1 15.1 Self Storage 1C __1
Industrial Use Types
1.
jLigbt Manufacturing
C
2.
1 Studios, Recording
1C
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.
1Public 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
c. 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.
1 Farmer's Market
M
2.
IRiding Trails
P
Temporary Use Types
1.
Temporary Residence
I 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%tol5%
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
I
5.
1 Amenities Density/FAR Bonus
1C
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 38
0
0
0
0
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
M.j.-n-i-m.wn. Net Lot Are (0 I
'
20
-a -nacres) ................ . . ..
- - - - - --- - -- 1. - -
-Lot Width (in
-.- .. .. .. .. .. .. . . .. ....
200
Cul-de-sae/knuckle lot width -in
_Franty4rd setback (lin feet)
20
. ..... .
Side yard setback, each side (in fieet)__
......... .. . _ ............... . .
Side yard setback, reverse comer lot (in feet)
--------- - ------- - - ............ .... .... .............
20
. . . — - ---- -- -
-Rear yAjA s - e - t - b - ack(in
15
Maximum height of main structure without a CUP _(in eet)
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
J--------------
Distance between main and acce�_sorX structu es cet
6
Setbacks for public and semi-public uses from residential
2�
pro2erty lines (in fee�
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 Dayeare Homes - Adult
P
Family Dayeare Homes - Family
P
Residential Service /Care Home
P
Secon 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
I Heliport/Helipad IC
January 2013 1 DRAFT
Division 17.30 — Zones (17.31-17.39)
Page 40
is
9.
E
0
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 — I to 3 Beehives
Public Services, Specific - Cemeteries
C
Keeping o 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 — I to 3 Beehives
p
Keeping o Animals — Beehives — 4 or More Beehives
P
Keeping of Animals — Large Animals
P
Keeping of Animals — Small Animals
1p
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
jP
Live Entertainment
Holiday Sales IT
ITemporary
Uses In Accordance with this Code IT
Accessory Structures and Uses Use Types
Accessory Structures
P
Accessory Uses
P
Incidental Services for Employees
P
Live Entertainment
im
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
Tran�portation 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 Activitiesluses IP
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 42
.0
0
0
0
0
0
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)
0.2
e �R�Ijts per acre)
Minimum D n�si
N/A
Minimum Net Lot Area in acres
5
Lot Width (in feet)
200
Cul-de-sac/knuckle lot width (in feet)
40 — - -- ------------ -- --------
Front yard setback (in feell
20
Rear yard setback (in feet) 15
..-Maximum height of main structure wi.t.h.o.ut.a.-C.U.P. _(i.-nl_feet)_ -35
Maximum height of accessory structures not exceeding the 35
hei ht of the main structure without a CUP feet)
.-D..i..s-t..a.n.c,,e,.b.-e,.t,wee-n-,ma-i,n structures (in feet)
-D-i..s-t.,a.n..c.e...b..e.t,.w.,e.e,.n main andaccessory structures- (in feet.).- ......
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 "A -P" 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/ elipad
C
Museums, Private — Historic Site
P
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 44
0
0
0
E
0
0
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 — I 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
Ic
Wildlife Preserves/Sanctuaries
Zoo — Petting Zoo IC
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
ip
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
Im
Shared Water Well
1C
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
iTraDsportation 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
0
0
0
0
0
0
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
In
Development Standards.
Property in the OS -NF zone shall be subject to the following general development
standards:
Maximum Densit
Minimum Density (units per acre)
N/A
Minimum Net Lot Area (in acres)
20
Lot Width (in feet) . ....... .....
--- 2-0-6-
Cul-de-sac/knuckle lot width (infect)
.. ... ..... ........ ......
40
setback in feet)
20
_Front _yji�d
Side yard setback, each side(i n feet)
—
5/5
t
Side yard setback, reverse cornerlo (in
20
-Rear yuclsetback (in feet)_ - ------------ -- -
15
Maximum height of main structure without a CUP (in feet)
35
. . ....... ...... .. ..... ..... -- - --- ------- -------------.... .... .
Maximum height of accessory structures (in feet)
.
35
Distance between main structures (in feel)
10
Distance between main and accessory structures not exceeding
6
the height of the main structure without a CUP (infieet)__
. ....... ..... - ...... - ................... .............. . ..........
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; 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
iRV Park/Campground
P
Public and Semi -Public Use Types
Heliport/Helipad
C
Museums, Private — Historic Site
P
Parks, Private
C
Parks, Public
P
IPublic 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
0
0
0
0
0
I I Zoo — Petting Zoo 1C
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
lKeeping 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
ip
Wildlife Preserves/Sanctuaries
I P
Accessory Structures and Uses Use Types
Accessory Structures
P
Accessory Uses
P
Incidental Services for Employees
P
Live Entertainment
IM
Shared Water Well
1C
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
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 50
LI
0
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
ip
Railroad Rights -of -Way — Accessory Activities/Uses
�P
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 50
LI
0
0
0
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 DensAy_(Imits per graLs acre)_
. .......... . .......
10.05
- -------- - - ---- -- -------- - - - ---
Minimum Dcnsit)L_(I� �its per acre)
N/A
Minimum Net Lot Area (in acres)
20
,Lot Width_ (in feet)
200
Cul-de-sac/knuckle lot width (in fee t)
40
-- - - -- --------- - --- ------- ------ ---- - --- . ........ ... ...... ... --------- - - - . .. ... .......... .....
Front yard setback (in feet)
..... ... ......... - ------ -------- ----- - -------
J.20-- -
Side yard setbac each side (in feet)
515
-Side yard setback, reverse comer lot (in feet)
20
ywdsetback lin feet)_
15
Maximum height of main structure without a CUP _(infed)
... ................. . ... . .......... ..... .
35
Maximum height of accessory structures not exceeding the
35
hei ht of the main structure without a CUP (in feeg
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
I 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 "IT' 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
IPublic 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
0
0
0
0
0
I I Zoo — Petting Zoo 1C
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
Fiding Trials
P
iWildlife 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
1C
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 (17.3 J - 17.39)
Page 54
0
LI
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 (17.3 J - 17.39)
Page 54
0
LI
0
0
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 Pubtiellustitutional 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:
Maxiinum Floor Area Ratio (FAR)
.50 to I
Maximum height of building/structure without a CUP (in feet)
. . ........
35
an acce�sory ildLng s�rucuLr�jin feet)
_ _±u
35
_L _ ... ........
Setback from public right of way (Major or Secondary Highway)
10
ATI
Family Daycare Homes -Adult
Setback from public right of way (not on a Major or Secondary
5
-- - - ------- -- . . .. . . ........ . ................. ...
P
Setbacks from residential prope�y lines (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
I
Second Units
P
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 56
0
0
0
0
Supportive Housing
Transitional Housing IP
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
13
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
11-andfill
C
IRecycling — Materials Recovery Facility
C
jPublic and Semi -Public Use Types I I
January 2013 1 DRAFT
Division 17.30 — Zones (17.31-17.39)
Page57
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 58
0
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
flelipad
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 —Arnbulance 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
IP
Wireless Communication Facilities — Above 35 Feet in
IC
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 58
0
0
0
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
Foo — 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
lRiding Trials
1P
IWildlife Preserves/Sanctuaries
IP
Temporary Use ypes
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
ILive Entertainment IM
IShared Water Well Ic
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
iYards
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 IP
Railroad Rights -of -Way — Accessory ActivitiesfUses
IP
January 2013 1 DR -AFT
Division 1730 —Zones (17.31-17.39)
Page 60
0
41
El
L
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 0
SECTIONS:
1738.010
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—Vchicle Dealer Sales Overlay Zone.
17.38.100
VS—Vehicle Services Overlay Zone.
17.38.010 HS—Horneless 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.
11. Oomeless Shelter F1
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
0
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.
I 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 mobilchome 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. 0
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. Comer Side Yards. Each space shall have comer side yards of not
lessthan:
i. Ten (10) feet on a reversed comer lot; or
ii Five (5) feet on other comer 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. 0
b. Access.
No site within the mobilehome park shall have direct
vehicular access to a public street.
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 deten-nined 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.
10. Local Park Space ObligatiODs- 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:
Walk -ways 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. Walk -ways 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
1�1
0
0
0
Extraction and Oil Production
MOCA
I .
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 are i a 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. 0
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 DR -AFT
Division 17.30 — Zones (17.31-17.39)
Page 68
F_ I
L
I*
0
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.
9. 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.
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,
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however, that this condition shall not restrict the maintenance of
additional tanks for storage and shipping as part of the conditional
use permit approval. 0
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.
0. 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
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0
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 pen -nit where the symbol "C"
appears; and prohibited where the symbol "X" appears.
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 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
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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.
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, Sheriffs
Department and other agencies as necessary.
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0
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 lof 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 acti I vities. Filming activities outside of these
parameters may be subj I ect to neighborhood notification of adjacent
property owners at the discretion of the Film Office.
5.
Hours of Filming. Filmi ng indoors within sound stages and/or filming
I
more than 500 feet from off-site residential uses is permitted by right 24
1
hours a day. Filming less than 500 feet from off-site residential uses is
I
permitted by right between the hours of 7:00 a.m. and 10:00 p.m. Filming
outside of these parameter I s may be subject to neighborhood notification of
I
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 t hese parameters may be may be approved at the
I
discretion of the Film Office.
8.
Noise. Filming with special effects and/or excessive noise incidental to
film activity is permitted I by right between hours of 7:00 a.m. and 10:00
p.m. Special effects and/ I or 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 pr I ivacy fencing shall be exempt from height
limitations, subject to arc hitectural design review and provided that the
I
structures comply with a building, fire and other life safety
ipplicable
regulations and may require screening with landscaping where visible
from the public right-of-way.
January 2013 1 DRAFT
i
Division 17.30 1 Zones (17.31-17.39)
Pau 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 waWng 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
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Page 74
0
0
0
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 entertainni
integration of compatible
uses share the same buildij
D. Incentivesfor Mixed Use L
below may be applied to the
I . 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;
i
3. Reduced parking requirem ents;
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 sha 1 11 be permitted where the symbol "P" appears; a
minor use permit is required where the symbol "M" appears; a conditional use
I
permit is required where the symbol "C" appears; a temporary use permit is
required where a "T" appears; a I n administrative permit is required where the
symbol "AP" appears; and a hill I side development review is required where an
"H" appears. Any use not listed i I s 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.
I
Land use descriptions are contained in Division 17.40 (Use Classifications and
Required Parking). Parking requir ements 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
� Zones (17.31-17.39)
Division 17.30 T
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
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Page 76
0
0
0
0
8.
Nightclubs
I
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, pecialized
a. Vocational Schools
M
b. Instructional Schools
M
15.
Self Storage
C
Industrial Use Types
I
7Light Manufacturing
=C
2.
1 Studios, Recording
I C
Public and Semi -Public Use Types
I . 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 1C
January 2013 1 DRAFT
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Page 77
Agricultural Use Types
b. Flood Control Facilities
P
Market
c. Park and Ride Lots
M
IRiding 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
A�armer's
Market
M
2.
IRiding 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
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0
0
0
0
0
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
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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
1
5.
Amenities Density/FAR Bonus
IC
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
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Page 79
I
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
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Page 80
0
0
0
0
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.
9- 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.
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Division 17.30 —Zones (17.31-17.39)
Page 81
a. Development shall comply with the City's Community Character
and Design Guidelines. 0
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. 0
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.
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0
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 under-utilized 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.
I . 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 traits 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 proj . ect site;
b. Open spaces;
C. Buffers;
d. Fences;
e. Walls;
f. Height of buildings, walls or other structures;
9. Installation and maintenance of landscaping;
h. Street dedications, medians, and improvements;
i. Installation of basements as living space;
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
0. 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.
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Division 17.30 — Zones (17.31-17.39)
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11
0
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 A-reas (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 classitication 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.
11. Fehicle Sales and Services January 2013 1 DR -AFT
Division 17.30 —Zones (17-31-17.39)
Page 85
a.
Automobile and Light Truck Sales and Services
(1)
Body Repair and Painting*
M
(2)
Commercial Storage
P
(3)
Gas Sales
P
(4)
Repair and/or Maintenance*
M
(5)
Rentals
P
(6)
Sales
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
pennitted (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.
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Division 17.30 —Zones (17.31-17.39)
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9
0
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)
1 Body Repair and Painting
M
(2)
lCommercial Storage
M
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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 pentritting 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. AH 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.
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Division 17.30 —Zones (1731-17.39)
Page 88
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(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
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 pentritting 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. AH 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 (1731-17.39)
Page 88
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I*
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.
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.
9- 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.
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Division 17.30 — ZoDes (17.31-17.39)
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Chapter 17.39 Special Standards Districts
SECTIONS:
17.39,010 Happy Valley Special Standards District.
17.39.020 Placerita 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:
I 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
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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).
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 qI'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
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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 0400 I'l I"
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 NORT14 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
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Division 17.30 —Zones (17.31-17.39)
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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 RJGHT 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 I 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 2 10.00 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 MENT10NED 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 (17.31-1739)
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 9.5030'00" WEST 209.70 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
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0
0
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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 SOUT14ERLY 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:
I 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
0 a. Trails.
0
0
i. Riding and hiking trails shall be provided as depicted on
the latest Placerita. 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 Placerita 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
9- 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
0
0
0
0
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 cast, 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 NU5 zone, subject to the following: the primary land use shall
include ftill 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 pennitted. Related
office space and limited commercial retail sales, incidental to the primary
use shall be permitted.
D. CommerciallIndustrial Zones.
I . 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 40
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 intemally 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 Placenta
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
0
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; 0
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
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
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 102
0
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 fight -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 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 Sur -Vey,
thence southwesterly along the southeasterly boundary of Lot 194 of said Tract
No. 1078 to the southwest comer 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. 0
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
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;
9- 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; 0
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 I and 2, Township 3 North, Range 15
West, in the San Bernardino Base and Meridian.
0
January 2013 1 DRAFT
Division 17.30 —Zones (17.31-17.39)
Page 106
Division 17.40 Use Classifications and Required
0 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
0
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
1. Caretaker's Residence
Includes permanent or temporary housing that is secondary or accessory to the primary
0�1`fiiV_11Vft,6T74sedj,'
nonresidential use on the same property. Caretaker's housing shall be used exclusively
�,s aces;ls aces may4WI
for occupancy by a caretaker for security or monitoring of the primary use. Caretaker's
itan eul
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
0
2. Community Care Facility IlEr
Includes any residential facility which is planned, designed and managed to include
facilities and common areas that maximize the residents' potential for independent 6,44,
living. The facility may be occupied by elderly or disabled persons or households as its�w
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 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
3. Dwelling 1411�11AOO
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
r�� 'Med"141
11 �spac6s`�
family.
i I JIM
03
a ri"5
I
NU1
NU2
NU3
NU4
NU5
UR1
UR2
UR3
T�FFUR5
CR
CC
CN BP t
P
P
P
P
P
P
P
P
I P
I P
X
X
X X
b. Two -Family - includes a duplex, or other building designed for occupancy by two
(2) families living independently of each other, which may be owned individually or
W11 R
r -h
by a single landlord.
NUI
NU2
NU3
NU4
NU5
U�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)
'4 (L)"Sid' di`o� "NoRK'-fic" 16—se''
or more families living independently of each other, each in a separate dwelling unit,
��Id, �fvgx,,�p 61 ,, N�
kin"',s ace� 1
which may be owned individually or by a single landlord. Includes apartments,
..........
%
townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be
�e-'n"c'lo'sed%'p'a'r'kingN,,,�i,,,,"�'
required in accordance with the building code.
c es 1'�N-_
4p
,eric osed parkrng.,�,',
spaccs�per unjt'�,,,,k;,�
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 4
0
r I
L _A
0
0
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 5
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nits IUS
,,require goes par in
NUI NU2 NU3 NU4 NU5 UR1 I UM I UR3 I UR41 UR51
C I CC
I CN
I BP I I
X X X X X X I X I P -1—P—] P I M I C I C I X I X
4. Family Day Care Homes
Includes a private single-family dwelling where nonmedical care and protection are
c"
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 X X
5. Fraternity and Sorority Houses I ParloOMMOM,
Includes buildings containing sleeping rooms, bathrooms, common rooms and a entral
cod
0135�"s� '66T
kitchen and dining room maintained exclusively for fratemity/sorority members a
their guests or visitors and affiliated with an institution of higher learning.
1110
NUI NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 7UR5 I CR CC
CN I BP I
X X X C C I C I X X X X X
6. Home -Based Cottage Food Operation
irki
Includes an enterprise, which produces and sells cottage food products in the home
o, itiona tpar ing�
kitchen of a primary residential dwelling unit. A cottage food operation shall be
considered an accessory use and shall not operate as a food facility or wholesale food
manufacturer. Home-based cottage food operations shall be in accordance with
Section 17.66.0�25 (Cottage Food Operations).
_NU1
NU2 NU3 NU4 NU5 UR1 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
Parld
11!9
Includes office businesses which are incidental and accessory to a residential use and
Noadditimiah,paiking"
do not include the storage of materials of any kind or product manufacturing of any
rcqrured,',5,,,
kind. Home occupation business shall be in accordance with Chapter 17.65 (Home
"W'
Occupations).
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 J'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)
Includes a dwelling occupying a building designed for commercial or industrial bf(l
occupancy and includes adequate working space reserved for, and regularly used by,
one or more persons residing therein. Joint living and working quarters shall be in
accordance with Section 17.66.080 (Joint Living and Working Quarters).
�Ul N�U2NU3 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 NVOM, WKAI�
Includes dwellings initially constructed for the purposes of displaying the different 4--ps
housing
s, er I
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
X
X
10. Mobilehome Park
Includes sites containing spaces with the required improvements and utilities that are �D,,sp K
acesp� Eruii;l
N1,
leased for the long-term placement of mobile or manufactured homes and may include v
lispacelmay be`,,tandeffi`;-�
services and facilities for residents. 1 _4 I'll .
U SM'9pace
'a
I e
NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP
C C C C C C C C C C X C I X I X__F_X
11. Residential Health Care Facility
Includes residential facilities usually occupied by the elderly that provide rooms,
meals, health
personal care and monitoring services under the supervision of a
professional nurse or other professional health care provider and that may provide
other services, such as recreation, social and cultural activities, financial services and
transportation. Ty ical uses include convalescent homes.
NU1 NU2 NIJ3 I NU4 I NU51 URI UR2 UR3
UR4 UR51 CYCC CN
BP
X X X I X I X I X X M M M I c X
C+C �C�l
12. Residential Service/Care Home 0
. -, — 1, g
Includes a private single-family residence where twenty-four (24) hour —care,
nonmedical services, supervision, treatment or assistance essential for sustaining the
activities of daily living to six (6) or fewer persons is provided. Residential
�Y
service/care home shall be consistent with Section 1500 et seq. of the Health and
Safety Code and any other ap licable State law.
NU1
NU2
NLJL3
�NU 4
1115 1 CR CC
CNL BP I I
P
P
P
P
P I P I P
I P P P
P I X X
X X
X�
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (I T41-17.49)
Page 6
0
E
13. Rooming House
Means a dwelling unit (other than a hotel or motel) where three (3) or more rooms are
S.
rented individually or separately to tenants under separate rental agreements where
tenants do not share common financial responsibility for use of the dwelling unit as a
whole. Rent may be paid in money, goods, labor, or otherwise. Rental agreements may
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
housing otherwise subject to treatment as a single-family dwelling unit by the
of State law shall not constitute a rooming house.
I Z'
5vns
.lsj�NU2
NU3
�KU�T
�NU5
I URI I UR2
UR3 UR4
I URS
CR
CC CN BP
I
X
I X
X
X
X
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
Includes a detached or attached dwelling unit that provides complete independent PlNii*
Rve
living facilities for one or more persons. It shall include permanent provisions for
A,04 : rThipo ion
living, eating, cooking (kitchen) and sanitation on the same parcel upon which a i4lie0fi"W'dildition
,
R�l t
primary dwelling is located. An attached second unit is not considered to be a two-
fle-quired,par
family structure. Second units shall be in accordance with Chapter 17.57 (Property
'0
Development Standards — Residential).
aces� a
NUI I NU2 I NU3 NU4 NU5 I UR1 UR2 UR3 UR4 UR5 CR CC CN
BP I
AP AP AP AP AP AP AP AP AP AP X
15. Supportive Commercial Uses Serving the Local Area
Supportive commercial uses serving the local area, such as grocery stores, restaurants,
personal services, and retail sale of specialty goods, may be permitted in a proposed
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
established activity area shall be subject to the required entitlement for such use in the
'4
W,
CN zone. However, a permitted use in the CN zone shall require a MIJP.
NUITN���UUR1
I UR2 I
UR3
I UR4
I URS
I CR I CC I �XX` I VA�Pv Ivia,
MIMIMIMIMIMIMIMIMIM
I
X I X IBI: IMN
16. Supportive Housing "Piikin
g 17_�,
Includes housing with no limits on length of stay that is linked to on-site or off-site
t gilzl66,f6f eaWkit i
services that assist a resident in retaining housing, improving his/her health conditions "'member;
pi 1-
usl;, � s dcej
and maximizing his or her ability to live and, when possible, work in the communi ty.
for 't" " ""k
each resi en �usm
I
amotor, e lei �,4
v e
NU11NU21NU31NU41NU51URIJUR21UR31UR41UR51CR
CC7CNI
BPI
I
P
P I
P I
P I
P I
P
I P I
P
I FT
P_Fc
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
NU1 NU2 NU3 NU4 NU5 URI U112 UR3 U114 U115 CR CC CN BP I 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
0
0
0
0
Chapter 17.43 Commercial Use Types
1. Adult Businesses
kip -Ar
Includes any business which, because minors are excluded by virtue of their age as a
prevailing business practice, is not customarily open to the general public, including,
s
but not limited to an adult arcade, adult bookstore, adult theater, cabaret, love parlor,
sp-
model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual
1c
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
16X 16" 1 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.
OPSM, side '1errnMhed#
IreeQ
b'y rector �R
MhZ tojW
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
I
�
�
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 helipads in accordance with Section 17.37.020 (Public/Institutional Zone) of this code.
NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 I CR I CC
I CN
� BP
I
;NUI
C c c c c x x x x x I c I c T x I c I c
3. Animal Sales and Services hTa7r;9i N'Olffw
Includes facilities primarily engaged in animal -related sales and services. The following are animal sale and
service use types:
n
Fac Animal Crematory - includes a facility where deceased animals are burned and
r r nee
educed to ashes.
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 9
NU1
NU2
NU3
NU4 I
NU5 I
URI I
UR21UR31UR41UR51CRICCICNI
BPI
I
X
X
X
X I
X I
X I
X I
X I
X I
X I
X I
C I
X I
C
b. Animal Menagerie - a place where wild animals are kept or maintained for any
- -
*,P
commercial purpose, including places where wild animals are boarded, trained, or kept
for hire. This use does not include a Veterinary Clinic or a Veterinary Hospital .
Animal Menageries shall have a minimum lot size o two 2 acres,
NUI
NU2
NU3
NU4
57URI
FKF
I
UM
I UR3
UR4
I UR51CRICCICNI
BPI
I
C
C
C
C I
C
X
I X
I X
I X I X I X
I
c. Animal Shelter - includes establishments primarily engaged in providing shelter
Vspac6,,Oe - e 116
and adoption services for small animals and may include short- or long-term boarding.
reaf exciu(,,,i area
All boarding shall be in accordance with the provisions of Section 17.66.090
e- te 10 �u
(Kennels).
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
include overnight.
s s re 1
S
NUI
I NU2
NU31
NU4
I NU5
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
quareo,
similar small animals with limited indoor boarding of animals during the day.
N Md"I"""N' 7
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,
%,J�@pace�p&r eklifl
breeding, raising, or training of dogs, cats, and similar small animals over the age of
S.
am �jgllus req
g di re
four (4) months for a fee or for sale. Kennels shall be in accordance with the
'�,Vrki g , M) additioinriat
provisions of Section 17.66.090 (Kenne s .
'sit
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 cared
�,3""W`
pace pen, amma �Q
gp�'w
for and where instruction in riding, jumping, and showing is offered and where horses
g. gg� -am,,qO
X.,
may be hired for ri ding.
1, Ili 3
NUI
I NU21
NU3
I NU4
NU51
URI
I UR2
UR3
UR41
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
r!
�O's p a6 p e r, �5t� n i in a I
rented, used or boarded on a commercial basis for a fee.
5, X -
NU1
NU21
NU3
I NU4
NU5
I URI
UR2
UR3
UR4
1_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
,I, §pgce,per250,�square'�"�
examinations and treatment of small animals (less than two hundred fifty (250)
feet bf afca,(exclddi�`g�t',
pounds), including vaccinations, and may include short-term boarding (not overnight)
and grooming services for patients. Boarding shall be in accordance with the
" I 1�_, � t. - � - � �,, �, ��, 4 _1
hou§inwof ariffidfs)'� ' �
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 10
is
49
40
0
0
provisions of Section 17.66.090 (Kennels).
NUI
I NU2
I NU3
NU4
NU5
URI
UR2
UR3
Ti�4TUR5
CR
CC CN
BP
-E-T-C-T-C
C
C
X
X
X
X
I 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
c
a" �MQ
fifty(250)pounds
of
�feet
'Ousing
NU1
NU2
NU3
NU4
NU5
URI
UR2
UR3
UR4
UR5
CR
CC CN
BP
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
a c -50 e' of
e per fe
exceeding two hundred fifty (250) pounds.
"s
' '4 I 7
at ex0di g a ea
5
-
01
MW ousl g
6 te n
14Avo is)
hl'amwa
NUI
NU2
NU3
NU4
NU5
URI
UR2
UR3
UR4
UR5
CR
C C CN BP
C C C
C C X X X X X X M X X P
4. Auction Facilities
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.
�6'p'
ROMS
t%Aa r eatil
0 pains
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.
-1
's� 6termm�od by, thee
A
rectp
___TUR5 I CR CC CN
NU1 NU2 NU3 NU4 NU5 URI UR2 UR3] UR4
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
Includes financial institutions including: banks, credit agencies, credit unions
investment companies, savings and loans, and similar financial services. f
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 Services fir
Pi'
Includes establishments primarily engaged in rendering services to business I"s'p`a" c'e' per�250s"q'ilare'.i
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 I I
a. Advertising;
b. Blueprinting;
c. Computer related services;
d. Office equipment maintenance and repair;
e. Office equipment sale and rental;
f. Mailing/shipping;
g. Photocopying.
NU1 NU2 NU3 NU4 NU5 UR1
UR2 UR3 UR4 URS CR CC CN BP I
X . X X X . X X X I X - I X I XF P _F_P
7. Day Care Centers air
Includes facilities of any capacity other than family day care homes or residential
service/care homes in which less than twenty-four (24) hour per day nonmedical care
and supervision is provided for children or adults in a group setting. Includes
, us"
preschools and adult day care.
i'a e,dr
up area is
NUI NU2 NU NU4 NU5
UR1 I UR2 UR31 UR4 I UR5
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 111M
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
in which food, prepared either on- or off-site, is consumed. Includes meeting halls and
li' r
7
reception halls.
W,
(1) Without Alcohol
NU1
NU2
NU3
NU4
NU5
URI
UR2
UR3
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_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
I space per each 100
primarily for sale or dispensing of alcoholic beverages for on-site consumption and
square feet, plus I
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 o outdoor
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 12
0
0
0
0
ahe lirovisions of Section 17.66.02]0
accordance wit! ho ales). seating area
S
V_
_NLI _�N
U 21
NU,
NU4
NU5
UR1
U a
�ElcoT
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 the
[,,OLs ):e jr,2,51
LO =square
preparation of food for off-site consumption. No retail sale or food consumption
occurs on-site.
NU1
NIJ2
NU3
NU4
NU5
UR1
I UR2
UR3
1�4
UR5
CR
CC CN
X
X
X
X
X
X
I X
X
I X
I X
P
P M
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
h space per em
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
T��4j
UR5
CR
CC
CN
BP I.
X
X
X
X
X
X
X
X
X
I X
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
counter or drive-through window for either on-site or off-site consumption and may
include seating.
NUI
NU21
NU3
I NU4
I NIJ5
URI
UR2
I UR3
I UR4
I UR5
I CR
I C
CN BP I
X
X
I X
I X
I X
X
X
I X
I X
I X-1
M
11
1 C I M I M
(3) Limited Service - includes establishments primarily engaged in the retail sale of
1� Fol' uses u - to OF55-100
pre -prepared or rapidly prepared food and/or beverages at a walk-up counter for either
�!s'q'luarq P.PV I q ace el
on-site or off-site consumption and may include seating. Includes, but is not limited to,
,'I'A
�660 00 MiM. TPF
beverage shops (coffee, health drinks), delicatessens, donut shops, ice cream parlors
u p 4
to,a maximum Or 10
�M
and pizza parlors. Alcoholic beverage service and/or bars may be provided as an
s ces, lus I snace
accessory or subordinate use in accordance with the provisions of Section 17.66.020
W�
P'Nuidurll ut Gare
(Alcohol Sales).
........ mg
s'
th 00 s uare tee,
Fspace�pe eacn 100
, "
� ICAI-� I I I
squ�a�r�e�`
s
s T000
s
NIJ1
NU2
NU3
NU4
NU5
URI
1JR2
UR3
1JR4
UR5
CR
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:FCR4
UR5
CR
CC
CN
6P
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
Foi,&eg�up to,�1;500'
retail sale of food and beverages, where food is ordered and served at a table.
square��, cet;:,1oV,spacc I p
Alcoholic beverage service and/or bars may be provided as an a*ccessory or
,e'ach,J00Nquaie'f6.PtV
subordinate use in accordance with the provisions of Section 17.66.020 (Alcohol
up t6,'a ffidkimum,,of
Sales).
-"s:"' I
t t r s i
r s; r. ses�grater
t " squa e fee
I s f. eachA 00
sq r V I S, 1,
space p& f each 100'-�,
squarejeet or outdoor
s i- " WW'd-V
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- With alcohol
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(5) Take Out/Delivery - includes establishments primarily engaged in the retail sale
I space��6f, 6icfi-,i250:!'
of food and/or beverages where all or a significant portion of the consumption takes
squat . 'ice't; I
place off-site, no on-site seating is provided.
space, 1, per ea I
used for busi
p rpos- s� -A —
c
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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
I s.pace.,�er
,,�
ri . No
preparation, bottling, and retail sale or wholesale of wine, beer, or other spi is
In s
p pa 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
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(2) 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.
'4 � �'o , , I., .
Plus I '0'ace pereach-,
Tasting rooms or seating areas may be provided on-site for public, private, or club
100 square feet,
members to taste products for sale.
-or outdo
indoor ' or
customer service area
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9. Funeral Homes Parking,
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 14
0
0
Includes facilities primarily engaged in the short-term storage, embalming and/or
�"e eac
commemoration of human remains.
seats, I I
"'s e
a ts i as
:�seating
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10. Gambling Uses ,,P'ark'ing��
Includes any gambling use regulated by the laws of the State of California and c me t
regulated by the California Gambling Control Commission, as identified in Chapter cl
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.
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11. Hookah Bar/Cigar Club 1`�e..'ar —
Wg��
Includes establishments that are primarily engaged in the on-site recreational use of 1,9p��
15 0 quare
Je_
,gcep�Lr Ws
tobacco products.
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12. Lodging Vir
Includes establishments primarily engaged in the provision of commercial lodging on
a less than monthly basis to the general public. Typical lodging uses include:
e e 'MIJ gue,
c
'room 'or s
n ce'p u r te
�'k- ex d p rk1
req I a n g
1!
�e
di t 0 al uses
a t on sit
.
a. Bed and Breakfasts - a residential dwelling unit providing overnight accommodations and a morning meat to
guests or compensation.
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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.
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13!.Medical Services n
I P �rki_ 9
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
I space per 200,is'qu-a-'
services on an outpatient basis ranging from prevention, diagnosis, treatment or
fee
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.
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14. Medical Marijuana Dispensary
16BA �14 W -
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
all parts of that plant.
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15. Nightclubs
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 r
spacle,pe �ca
occu ants
-I' , 111,�,
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b. Without Alcohol
�,I, space�per eai:N`�3--
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16. Personal Services
Includes establishments primarily engaged in providing services involving the care or
I'sp&:pef;250`.,`i4fiwe
appearance of a person or his/her personal goods and apparel, and similar nonbusiness
fe "q
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). Massage therapy shall be consistent with Chapter
5.08 of the Municipa o e.
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 16
0
0
17. Professional Offices n
Includes professional offices including, but not limited to, administrative offices,
p c67f�t2N( square
JIB7-ie r '30
advertising agencies, attorneys, counseling services, computer software designers,
i3d e t
engineering services, insurance agencies, real estate agencies, and travel agencies.
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a. Call Centers - a functional area within an organization or an outsourced, separate
e
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-handfing 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.
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18. Recreation, Commercial MIR:
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
s
S 11' re
games, computer terminals, or other electronic devices are predominantly operated for
lliceVl'�,
G��'a"O�'
amusement. Typical uses include arcades and computer cafes.
4,
(1) Up to 3 Electronic Devices
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(2) 4 to 1.5 Electronic Devices
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(3) Over 15 Electronic Devices
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b. Amusement Park - includes an entertainment or amusement complex developed as
�A-9�1&tei i' all, e
a regional visitor tourist attraction and organized around a central theme, such as
Direc or,,
amusement rides and attractions, tours or exhibitions, including all related accesso ry
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uses, buildings and structures designed and operated for patron participation and
2leasure in conjunction therewith.
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c. Convention Center – includes a large civic building, or group of buildings,
�As det&rr�in'ed',ErNy',"tiiel,,"�
designed for conventions, industrial shows, exhibitions, and the like, having large
it
unobstructed exhibit areas and may include conference rooms, hotel accommodations,
restaurants, and other accessory facilities.
s
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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 X
C
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d. Indoor Entertainment - includes predominantly spectator uses conducted within
an enclosed building, excluding uses classified under adult businesses. Typical uses
include movie theaters and live theaters.
th
o et cu'sto ffierise
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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
i h r
0
(2) Bowling Alleys
I r
(3) Health and Fitness Clubs
J'sliacelpe" 50�§quare
feet of, pe,
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 18
0
Fj
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E
9
January 2013 1 DRAFT
Division 17.40 - Use Classifications and Required Parking (17.41-17.49)
Page 19
(5) Racquetball/Tennis Courts
5 Con us
ir a m? To
itionn] i "Q nn Site
(6) Skating Rinks
�s
Si
(7) Sports Arenas (soccer, basketball)
e
a
phis,,r6quir at ing
ional uses on
(8) Children's Indoor Play Facility
re
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a t
s I e
P44
'�feet
re
,n, r at
in S,19 site
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f. Outdoor Entertainment - includes predominantly spectator uses conducted in the
As—d'e'term-' `&df'th
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open or partially enclosed or screened facilities. Typical uses include outdoor
6
amphitheaters, concert halls and rt nas.
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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.
Typical uses include BMX tracks, batting cages, driving ranges, golf courses,
miniature golf, outdoor shooting range, skate parks, swimming pools and tennis courts.
-
(1) Driving Ranges
In
(2) Golf Courses
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(5) Tennis/Racquet/Handball Courts
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h. Recreation Facilities - includes predominantly participant sports and health
I -uses it IV c
activities which are normally associated with a country club. Typical uses include
'-facili �hajlr r
country clubs, racquet clubs, swim clubs, and may include other accessory uses,
�pa i n eas�c ma 11 ineclun
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including restaurants, banqu nd retail sales.
et facilities a
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i. Residential Recreation Facilities - includes predominantly participant sports and
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health activities which are normally associated with a private residential community or
I
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property/homeowner's association. Typical uses include swimming pools, tennis
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and meeting facilities.
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tail Sales, General
�4
January 2013 1 DRAFT
Division 17.40 - Use Classifications and Required Parking (17.41-17.49)
Page 20
E
9
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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
e P11 Z udre
b. Shopping Centers
(1) Up to 100,000 square feet
c ecific use t c
s I e calculate e
c ar ing
jequirements contathe
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(2) Greater than 100,000 square feet
g] "OffiRr square
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(3) Non-residential uses, excluding eating and drinking establishments, within
AV O'jrcMjpeV'2,51
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tenant spaces of less than 1,500 square feet
P"f6et , ,
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20. Retail Sales, Specific 4 ai
Includes establishments primarily engaged in the sale of goods and merchandise. The following are specific
retail sales use types:
a. Building Materials Stores - includes retail stores selling lumber and other large
s ua're
building materials (stored predominantly indoors), and includes the sale of hardware
eet"o in ng are
lawn and garden materials, paints, wall and floor coverings, lighting fixtures, and
e 1.000
similar home improvement items. Includes establishments primarily catering to
are� cut 61,MM155,
contractors. Typical uses are over forty thousand (40,000) square feet in size and
11�di s ,, I' y torage prep
commonly referred to as "big box" retail stores.
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b. Carpet and Flooring Stores - includes retail establishments primarily engaged in
p
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the sale of carpet and floor coverings.
�,
131M,171 V, 'W"Al,
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c. Department Stores - includes retail establishments engaged in the sale of goods on
V s`p�a' 66"p"
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a departmentalized basis. Typical departments may include apparel, appliances,
one
cosmetics, electronics, furniture, home furnishings, jewelry and/or kitchen products.
itional',��,
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 21
d. Discount Stores - includes retail establishments primarily engaged in the sale of a
wide range of merchandise at discounted prices and includes membership stores.
Merchandise may include auto supplies, apparel, appliances, books and magazines,
cosmetics, electronics, furniture, garden supplies, hardware, home furnishings,
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 �rovislons of Section 17.66.020 (Alcohol Sales)
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e. Drugstores - includes retail establishments primarily engaged in the filling of
a "'M
medical prescriptions and the sale of medicines and drugs, medical devices and
supplies, nonprescription medicines and includes the sale of nonmedical related
products, including, but not limited to alcohol, cosmetics, electronics, greeting cards,
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).
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L Equipment Rental Yards - includes outdoor establishments primarily engaged in
er
the retail rental of small construction and/or home and garden equipment to the general
--et 'il I
public or contractors.
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g. Feed and Tack Stores - includes establishments primarily engaged in the sale of
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equestrian -related merchandise and feed.
All
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It. Food Stores - The following are food store uses:
(1) Supermarket/Grocery - a retail establishment, exceeding three thousand, five
hundred (3,500) square feet, primarily selling food as well as 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 17.66.020 (Alcohol Sales).
5
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(2) Convenience Store - any retail establishment, up to three thousa nd five hundred I!]
IMIX, I
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(3,500) square feet in size, offering for sale pre-packaged food products, housch old
1,
items, newspapers and/or magazines, sandwiches and other pre -prepared foods for off-
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
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i. Furniture Stores - includes establishments primarily engaged in the sale of home
gflts�10)0 ?40-611, s uar,
and/or office of furniture and may include incidental repair and upholstering.
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j. Garden Supply Stores - includes establishments primarily engaged in the sale of
s Dar'
gardening supplies, including fertilizers, ground coverings, irrigation supplies,
'to� VAI
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mulches, pavers, an plant andtrees.
Y
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k. Gun Stores -includes establishments primarily engaged in the sale of firearms.
,�,l;sp4c'e_per250 squ'ar
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1. Liquor Stores - includes any establishment which sells beer, wine, and/or other
1�111�� 11
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spirits (including liquor) for off-site consumption.
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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.
l'-space,'p'e'r;.'24�5Osnqtura�rv�"
acc per
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(2) Wholesale - nurseries selling exclusively to contractors or to establishments which
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sell directly to the public
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n. Pawnshops -includes establishments which lend money on the security of personal
property which is kept at the premises.
feet
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o. Second Hand Stores - includes establishments selling pre -owned or used items,
V�p ace,061r,2S ' 0,s4nafe"',
including, but not limited to, apparel, electronics, furniture and household goods, but
does not include antique, coin, vintage clothing, or sporting goods/memorabilia stores.
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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
kA91det6ftfiift`ed 13��407301
or enclosed structure where groups of individual sellers offer goods for sale to the
rz I M 0 gir, 0�
public.
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q. Thrift Stores — includes a shop selling secondhand goods, such as clothes, often to
benefit a charity; also called thrift shop. Thrift stores may, but are not required to
�fe6tkolb§�parking�fii''
have, merchandise donation facilities.
md
Rii&6handis��dojffiftion-:�
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r. Tobacco Paraphernalia Stores - includes establishments primarily engaged in the
'25W ar
sale of tobacco Paraphernalia. See "tobacco Paraphernalia business" in Section
17.11.020 (Definitions).
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s. 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
(Long -Term Vendors).
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21. Retail Services
Includes establishments primarily engaged in the provision of retail services. The
sp'Ace��—per���250',�s'qiiari��,,,
following are specific retail service use types:
�,,�nNwfg , � Z��'p
a. Equipment Repair - includes the repair and maintenance of household equipment.
(1) Consumer Electronics - Televisions, VCRs, computers, appliances.
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(2) Small Engine/Equipment - Lawn mowers, house and garden tools.
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22. RV Park/Campground
Includes a site where one or more lots are used, or are intended to be used, by campers
','Xs'Ue'fierruirred�13Y, the
with recreational vehicles or tents for short-term use only. Recreational vehicle parks
� - -,-- -7 ,� %*"" � "
Director,,f6r th614,,:
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
they are clearly incidental and intended to serve patrons of the RV Park/Campground
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
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23. Schools, Specialized M.Mr
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
4;
primarily teaching usable skills that prepare students for ajob in a trade. Includes, but
�41
is not limited to, schools teaching auto repair, computers, cosmetology, electronics,
management, medical/dental assistants and hygienists, and construction.
.x e, c ou
N, I , ,
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1�s otlie
oor�area
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b. Instructional Schools - includes specialized non -degree granting schools that
01,,'spfic6iper4? � uare
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provide instructional classes in areas including, but not limited to, music, martial arts,
6uffifistructional
dance, gymnastics, language, and tutoring. Includes facilities that focus on the physical
tar &jN(daB__cMTefI 0
and mental development of early childhood through the use of exercise equipment,
acrobiRmartial a s
toys, music and other age-appropriate stimuli. This use type does not include health
i "I'll
h tion classroom
clubs or similar uses where initial instruction is given and then members/participants
'ar,Od�tctc. * 0 u I s ace
are free to participate and/or utilize the facility's equipment outside of an instructional
class.
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24. Storage, Self g
Includes a structure or group of structures containing generally small, individual
compartmentalized stalls or lockers rented as individual storage spaces. This use does
lspace,peN(imp
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j'ffiusM ad,66'e 0
PS
not include other use types listed in this chapter and excludes the outside storage of
�s
vehicles or equipment. Self -storage facilities shall be in accordance with Section
Vt
,p it a Kin A
ff:
17.66.110 (Self -Storage Facilities).
as� t I tile,
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25. Tattoo Parlors Paf
Includes establishments which provide permanent tattooing services.
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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, RPAQ �.�
Includes establishments primarily engaged in the sale, rental, and service of
automobiles, boats, heavy equipment, recreational vehicles and large trucks. This
W
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31%
4
includes retail, wholesale and used vehicle operations. The following are vehicl
and ser -vices use types for uses outside of the Vehicle Dealer Sales Overlay Zen,
(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
� I'll, "I "? 11 x
A' spdc6'-p&f each 400
repair and painting of automobiles within an enclosed building. Auto body repair uses
A�9jf I G'k'
shall be in accordance with Section 17.63.050 (Vehicle Repair Garages). Typical uses
4equired;parki ig- or.,
f
include automobile painting shops and body repair shops.
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(2) Commercial Storage - Includes facilities providing overnight and/or long-term
AsAetenn' e
storage of automobiles for a fee, but excludes impound yards. This is an independent
use type and does not include parking that is required for uses pursuant to this code.
Typical uses include commercial parking garages.
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(3) Fuel Sales - Includes establishments primaffly engaged in the dispensing and retail
sale of fuel and may include as an accessory and subordinate use the sale of oils,
lubricants and similar automobile related merchandise. Fuel sales shall be in
accordance with Section 17.63.030 (Fuel Sales).,Typical uses include fuel stations and
may include accessory retail stores offering beverages, prepackaged food, limited food
2reparation services, and other associated convenience items for sale.
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(4) Repair and/or Maintenance - Includes establishments primarily engaged in the
repair of automobiles within an enclosed building and may include the accessory and
"q
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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
!a
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- sh
u ops.
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(5) Sales and Rentals - Includes establishments primarily engaged in the sale,
" I �'
space pd,Vehi6lbfor,,,
brokerage, and/or rental of automobiles. Typical uses include automobile rental
agencies and new and used automobile sales lots. Automobile Sales and Rentals shall
9&6el'per-'6ach�25Q,��,,n
comply with the Vehicle Dealer Sales Overlay Zone in Section 17.38.090 (VDS-
Squar, , e feet , �o I
Vehicle Dealer Sales Overlay Zone).
(A) Sales
January 2013 1 DRAFT
Division 17.40 – Use Classifications and Required Parking (17.41-17.49)
Page 26
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(B) Rentals
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(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
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provide facilities for washing vehicles either by the customer, or an automated tunnel,
NiiWr�o n��t-_','P`dac
where no attendants are used to either wash, dry, detail, or otherwise clean a vehicle.
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'�"' us a e ualil,
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'ti - 1� i. site'',
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(b) Full-service (provides attendants) - Includes establishments that provide full
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service washing facilities where attendants are present at any time in the washing
gg area o
process to either wash, dry, detail, or otherwise clean a vehicle before returning it to
indoffii g,cars lus a
the customer.
�minirm `3,000s u r
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'fcef6farea on e�
ey t
ing
ex
jire
-pamingjorWditional'
use n si
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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 types:
(1) Commercial Storage - facilities providing overnight and/or long-term storage of
�,,A,ls,:,d,e,t,ert�lilh,6d,b�,,ib , e;
boats and/or campers/recreational vehicles, usually, but not always, for a fee.
Dircctdri'
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(2) Repair - includes establishments primarily engaged in the repair of boats and/or
2 boat/camper.'sp'aces
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
dete ine
shall be in accordance with Section (17.63.050 (Vehicle Repair Garages).
Dire tOO'
per eac sqgu,a qz_
e t plus; fequ ire
F
r in for addii, onal
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
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(3) Sales and Rental - Includes establishments primarily engaged in the sale and/or
I spa66$6?ba6I63','000.
rental of boats and/or campers/recreational vehicles. Typical uses include recreational
",�quir8tfdet,bf jhdoor,"�V1,1,
vehicle rental agencies and new and used camper/recreational vehicle sales lots.
and 6UtdooPilisli'm4�0.
,� , lay4 Z
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area; plus�re uifcd',,,T
park n f6j4,addiii6fial`r`
e
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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 deberniffied.by the
heavy equipment usually, but not always, for a fee. This use type does not include
Di , re , ctor
contractor storage yards.
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(2) Repair - Includes establishments primarily engaged in the repair of heavy
2 b 66t/c'aimper §'l-a1ccVsV,
equipment and may include the accessory and subordinate sale of parts and related
M, I si e
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merchandise used in repair.
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er eac s pare -1
4,
us,�re dire
�j qr�a, itional
s S
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(3) Sales and Rental - Includes establishments primarily engaged in the sale and/or
4 , s , pa . ce� , pern each" 00'
rental of heavy equipment. Typical uses include construction equipment rental and
sq uare eet-o in nor
sales lots.
an om o9r i1sp a
area; plu's re' uire,
par in fora ditlional.
�uses on site
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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
-Squa re I fe I et
watercraft.
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 28
0
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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 types:
(1) Body Repair - Includes establishments primarily engaged in body repair and
painting of large trucks.
e
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(2) Commercial Storage - Facilities providing overnight and/or long-term storage of
large trucks, usually, but not always, for a fee.
O)ifeWr,
R
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(3) Fuel Sales - Includes establishments primarily engaged in the dispensing and sale
I mV me
of truck fuel and may include as an accessory and subordinate use the sale of oils,
lubricants and similar truck -related merchandise. Fuel sales shall be in accordance
with Section 17.63.030 (Fuel Sales).
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(4) Repair Services - Includes establishments primarily engaged in the repair of large
trucks and may include the accessory and subordinate sale of parts and related
X
merchandise used to repair large trucks.
cc
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(5) Sales and Rental - Includes establishments primarily engaged in the sale and/or
6hiZ`16-" o'
rental of large trucks.
Nalcp./r6ntak(size to
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birector)-", us� s ace,,
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fe6tW i1fd6oi' 4iiaf
plus,re'quir6d'par mg�,,
i�6dditibnal,use 6
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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, I e
parking, repair, and/or washing of large trucks, including the retail sale and dispensing
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.
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11
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 30
0
0
Chapter 17.44 Industrial Use Types
1. Assembly
k1i", - I ' ar ing
"M
Includes the assembly or treatment of articles or merchandise of previously
re
ffianufactured materials. No raw materials are used. Articles of assembly include, but
a
are not limited to cloth, electronics, fur, glass, leather, metals, paper, plastics, precious
or semi-precious stones or metals, textiles, tobacco or wood. Typical end products
include appliances, books, computers, cosmetics, electronic devices, furniture, medical
and dental instruments, motors, newspapers and televisions.
s", Wre parkmg
11 tional uses on
�vite
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2. Bottling Plants
Includes facilities primarily engaged in the bottling and distribution of beverages.
e
0
t
us,,require ar ing
p h
0 a itional uses on
NM
,'site
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3. Cleaning and Dyeing Plants
K
,44 �king
MOMMIR
Includes facilities primarily engaged in industrial dry cleaning and/or the commercial
't 67t.
ciiwiiil� I
e e
dyeing of apparel and fabrics and does not include drop-off or pick-up of apparel from
the public as a part of a dry cleaning use as classified under Personal Services in
Section 17.43(16) of this Code.
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4. Crematory
W�
Includes a facility where cremation takes place. Cremation is the process of reducing
1'�`s�.'kg6rN2 - s a
human remains to basic chemical compounds in the form of gases and bone fragments,
"4;e'P1'O"'4"O'fficc s a
accomplished through high temperatures and vaporization.
plust s
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-if. mK 1�
S,quar
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 31
January 2013 1 DR -AFT
Division 17.40 – Use Classifications and Required Parking (17.41-17.49)
Page32
0
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5. Distribution
, , IN' k7r@`ug� M-`
Includes facilities primarily engaged in the receipt, storage, and distribution of goods,
P'M pe
products, cargo and materials, including transshipment by air, rail or motor vehicle, but
2,
excludes truck terminals.
�,'distributionjloorarca-
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�or-, space peh;tw&5.""'
"effpl6y&6§�6flar&§t1 TV!
4per business, e icitm
.'Auo
1i require r
ut onat��use a
M
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6. Distribution Showrooms
t Varki
Includes facilities that display goods that are stored and/or distributed at the site for
�Mspacelper 250�squai&f
wholesaling purposes but does not include retail sale.
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7. Food Processing
Includes facilities engaged in the cooking, packaging, canning and freezing of food
VI spaceperg'5 00Mqb are',
goods, but excludes meat packing.
tcet�rifbrricessifig,Areatl�
REV�iorj,,spacelper,4two431
M ce, -
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8. Furniture Upholstering Parkin
Includes facilities primarily engaged in the upholstering of furniture. 1A, S'pace'per"e'a6 fi`2 % e'�`
January 2013 1 DR -AFT
Division 17.40 – Use Classifications and Required Parking (17.41-17.49)
Page32
0
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9. Laboratories
I li.059�
to, ,a
Includes chemical, dental, electrical, optical, mechanical, and medical laboratories and
twamd -e t- e —nn i H 'ed- I l5y, tdbi c
includes facilities that provide research and investigation of the natural, physical or
social sciences, which may include engineering and product develop ment.
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10. Landfill 1=1! MONWEIRM
A facility for the disposal of solid waste that is not reused, recycled, or combusted for
1,0,6�'�rkm , Dace De
energy recovery.
1111W, INV ."I
,,'-250,square eto
WINA
10 ceis e"Olus
t err, a in
-as
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11. Manufacturing
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
obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or
other causes. Typical uses include, but are not limited to, cabinet/carpenter shops,
garment manufacturing, machine shops, and textile manufacturing.
'ing
Sol,
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January 2013 1 DRAFT
Division 17.40 - Use Classifications and Required Parking (17.41-17.49)
Page 33
b. Heavy - Includes manufacturing, processing or treating, or storage of products
,A-
are
which may be obnoxious or offensive by reason of the emission of odor, dust, smoke,
I ,
ea,
gas, noise or other causes. Typical uses include, but are not limited to, asphalt and
cement batch plants, automobile dismantling yards, chrome plating, fat rendering
plants, fireworks plants, foundries, glass plants, lumber mills, meat packing plants,
microchip plants, paper mills, petroleum refineries, rock and gravel processing plants,
scrap metal processing, smelters, storage of gunpowder in excess of seven hundred
fifty (750) pounds, storage of any other explosive in excess of one hundred (100)
1 us,requir &par
pounds, storage of oil, gasoline or petroleum products in excess of two thousand five
01 a- it
hundred (2,500) barrels, and waste disposal facilities.
At ----------
(1) Scrap Metal Processing
0,
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(2) Automobile Dismantling
ere s
aet
(3) Salvage Yards
ic c, erjs� reat
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12. Moving and Storage Facilities r ng,
Include facilities engaged in the moving of residential and/or office
similar items from one location to another and may include the sho - r st rage of
such items. Moving and storage may also include the storage of large o in t cks.
2�
it
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13. Outdoor Storage Ir -,
"Tim ar mg,,'
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 materials
,f I —, � 1, "'A
'4space�per., OW�'
including, but not limited to, brick, stone, sand, gravel, rock, wood, concrete, or other
""s
materials used in construction. Building material yards may include the accessory
rental of construction equipment. Storage areas shall be enclosed with a wall or fence
K",
at a minimum hei�ht of six �6) feet.
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 34
0
0
0
0
b. Contractor Storage Yards — Includes an outdoor storage area used for the storage
of the equipment, vehicles, or other materials when not in use. Contractor storage
square� UO out oo
yards may include offices and other accessory uses directly related to the business on
'k 6, r55' ea5 in I
the property. Accessory storage of construction materials shall be permitted provided
— A"W'N'
ce, e xach
that the storage is not detrimental to the public health, safety, or welfare and does not
,,A � I' � -
smess, chicle, ins
become the primary use of the property. Broken or non-operative vehicles and
Wre in 0
equipment shall be property disposed of within 90 days of becoming non-operative.
it �
(onal es ite
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c. General — Includes the outdoor storage of vehicles, materials, or equipment related
I sp�&`6, p 66,�54 ) u 11
to the business on the property. This use shall not be construed to be the commercial
s arecteevol'out 001
leasing of space for storage similar to a self storage facility, vehicle, or other
r, , a , e� ea,z ins I
recreational vehicle storage facility.
C e ac
S . . . . . . e 1 ie* I W`
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site
Mi� In,site
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d. Lumber Yards
(1) Retail — Includes the outdoor storage and retail sales of lumber and other r+_space
peigh'60ii 1�1-
associated material.
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(2) Wholesale — Includes the outdoor storage and sale of lumber and other associated
ace,_06R5 0
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material for wholesale purposes.
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e. Salvage Yards — Includes outdoor storage of non-operative vehicles, equipment, or
I' spac:6,per 1�00'6 I % I
material for salvage and/or re -use purposes. This use shall not includc
quue'Ie`6t,,6PsAoArage I
impound yards.
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f. Vehicle Impound Yards — Includes the storage of vehicles impounded by law
imiIiiuW U,'ffi7pj�(�§;r
enforcement officials-
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14. Recycling - The following are recycling types:
a. Vending Machines as an Accessory Use - Includes vending machines into which No ddditiddiil�`p��kim'
g
Fecyclables, such as aluminum cans, are inserted in return for monetary payment. _ne6ded.2
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 35
X.1 X I
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P I
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b. Collection of Trucks and/or Bins as an Accessory Use - Includes automobiles,
'9-
g i7"Za
trucks, trailers or vans, licensed by the Department of Motor Vehicles, which are used
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 monet�a payment.
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c. Recycling Center - Includes facilities which accept delivery of source -separated
iAs1detcimmed,by,1the,
materials, including but not limited to glass, paper and plastics. Materials may be
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.
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(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.
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d. Greenwaste - Includes facilities that accept, store, and load municipal greenwaste
ifi&W�,tQN
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for the purpose of recycling.
�'Di'�'
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irectoq,, "�4�j
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e. Materials Recovery Facility - Includes facilities where mixed municipal solid
��X i'�&&rto b
waste is sorted and separated, by hand or through the use of machinery for the purpose
VDirector,
of recovering recyclable materials. A materials recovery facility may incorporate a
solid waste transfer station as an accessory use.
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15. Studios, Recording - The following are studio use types: #ai'ki v ;,A
a. Movie - Includes facilities where motion pictures are produced including sound
W
'As!ffl&tejWiinedVY,,!the6
�W_
stages and backlots.
Ag'
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4t�
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b. Music - Includes facilities for music recording/production.
6y,4hj,""
Diie6 b'r
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c. Radio - Includes facilities for radio production.
'�" As deicimined 8'ylthc"�
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'Dire6i
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January 2013 j DRAFT
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Page36
0
F, I
L
0
16. Truck Terminal �,Nrj,,W
- , fA�Effl=ng�,j
Includes facilities where trucks load and unload cargo and freight and where the cargo R de't'er'min'ed by the
te
and freight may be broken down or aggregated into smaller or larger loads for transfer I �,MtU
to other vehicles or modes of transportation and may include the incidental "c"MR,
warchousitur of goods and storage of truck, and tr2ilerg � Meeletill 0"1"
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d. Television - Includes facilities for television production including sound stages and
fir
le'eicrinfillewa by Irc
Mtbr
rect3backlots. I ii or �
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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.
,'6Uffie�MOrd ife
11 biMecto'r
A *1by tI7'
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16. Truck Terminal �,Nrj,,W
- , fA�Effl=ng�,j
Includes facilities where trucks load and unload cargo and freight and where the cargo R de't'er'min'ed by the
te
and freight may be broken down or aggregated into smaller or larger loads for transfer I �,MtU
to other vehicles or modes of transportation and may include the incidental "c"MR,
warchousitur of goods and storage of truck, and tr2ilerg � Meeletill 0"1"
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17. Warehousing
mgzM
Includes facilities primarily engaged in the storage of goods and materials in a building
and does not include the assembly or manufacture of goods and materials.
s I
al
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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
following institutions:
a. Churches, temples, synagogues and other places of worship.
es
b. Public and private nonprofit clubs, lodges, fraternal organizations and meeting
halls.
or
c. Community Centers - Includes a building and related facilities used for
are
recreational, social, educational and cultural activities, open to the public or a
designated the
part of public, usually owned and operated by a public or nonprofit
group or agency.
rea- p us
,require Tar ngi r
�W'
ditonaluse �i
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2. Helipad Z&�Pl;
-1 --------------- wZ="0'j"p
K,
Includes the take -o--
ff and landing facilities for helicopters as an accessory use. These
facilities be
may found, but are not limited to be, in conjunction with a hospital, fire
station,
A zlr'30'Z�N
public utility, or a sheriff station.
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3. Homeless Shelter
A facility which provides housing on a not-for-profit basis. Housing may include—,
emergency shelters on a short-term basis or temporary until permanent housing i s
found. These facilities generally provide referrals to other agencies, meals, counseling
and advocacy, see Section 17.38.010 (Homeless Shelter Overlay Zone) and Section
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,
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4. Hospital Services
Includes institutions providing primary health services and medical or surgical care to
persons, primarily on an in-patient basis, suffering from illness, injury and other
physical or mental conditions and may include associated facilities for out-patient and
emergency medical services, heliports, diagnostic facilities, laboratories, training,
research, administrations and services to patients, employees and visitors.
d
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e s
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5. Museums, Private
Includes permanent facilities generally of a noncommercial nature such as aquariums,
61 s�FkWep',4001 s ua
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arboretums, botanical gardens, private libraries and museums, historic sites and
t
4%eet� - 31"',
exhibits. '21
�5
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6. Park; M11"057F14-99NW161
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
AsWetermified by tlre9 i
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b. More than 50 acres
s- et6rinmed'b' the
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7. Public Parking Facilities
Includes parking services involving buildings or lots which are publicly owned or A: ete iffe'd
operated. 11"bi, 6�o,"
te r
January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 39
NUI NU2 NU3 NU4
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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.
e.,
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9. Public Services, Specific AMMI.Mr 9WIMMA
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:
?A`s`�,d 'i Me
i—c or
a. Cemeteries (including accessory uses such as funeral homes and mortuaries)
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b. Corporation Yards - Including storage, repair, and processing of materials and equipment and vehicles
operated by government or public utility entities.
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c. Flood Control Facilities
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d. Incarceration Facilities
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e. Preservation of Historical Landmarks
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f. Park and Ride Lots
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g. Ambulance or Paramedic Dispatch
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h. Utility Substations
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Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 40
El
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0
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 I C
I C
10. Rehabilitation Facility
Includes facilities licensed by the State Department of Health Services, the State
;jLIV9 ace' C resiBent
Department of Social Welfare, or the County of Los Angeles, which provide bed and
2
ambulatory care for patients with post-operative convalescent, chronic illness or dietary
In P w Ifina
problems, and persons unable to care for themselves; but not including alcoholics, drug
addicts or persons with mental or contagious diseases or afflictions.
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11. Schools, Public and Private - The following are public and private school use
"' aw,
types:
a. College and University - Includes community colleges, public or private colleges,
1 e 0. 1 e
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 student
housin� (donnitory .
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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.
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c. Public Primary and Secondary Schools - Includes public elementary, middle, junior high, and high schools
serving grades kindergarten through 12th.
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12. Small Wind Energy System `�,"W%l
_r�king�
Includes wind energy conversion systems consisting of a wind turbine, a tower, and
t e � t e
associated control or conversion electronics, which will be used primarily to reduce on-
site consumption of utility power and shall be consistent with Section 17.66.120 (Small
Wind Ener2v Systems).
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13. Wireless Communication Facilities
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 transmission,
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broadcast, repeater and receiving stations for radio, television, telegraph, telephone,
...
cellular telephone, microwave communications and data network communications;
including commercial earth stations for satellite -based communications. Includes
antennas (dish and satellite), telecommunication towers, monopoles and equipment
buildings. Wireless communication facilities shall be in accordance with 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 Chapter 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
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b. Up to thirty-five feet in height
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c. Flush -mounted
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d. Co -located – Must be below the roolline of the building, camouflaged, and architecturally consistent with the
building or structure and similar to the other wireless facilities on the proiject sit
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14. Zoos �.'4`3�#Wkai#gw
a. Zoos - Includes places where animals are kept, often in a combination of indoor and
outdoor spaces, and are viewed by the public.
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b. Petting Zoos - Includes an establishment designated to the keeping of domestic and
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barnyard animals in a combination of indoor and/or outdoor spaces where visitors are
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able to directly interact with the animals. Admission may be free or fee-based.
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January 2013 1 DRAFT
Division 17,40 – Use Classifications and Required Parking (17.41-17.49)
Page 42
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Chapter 17.46 Agricultural Use Types
1. Horticulture
,A.rki"n"
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Includes the growing of fruits, vegetables, flowers, or ornamental plants
tile
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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.
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b. For Commercial Sale - includes the growing of fruits, vegetables, flowers, or ornamental plants for either -
retail or wholesale pu!20ses.
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c. Within Public Utility Easements - includes the growing of fruits, vegetables, flowers, or ornamental plants
within public utility easements and may include wholesaling.
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2. Farmers Market
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An occasional or periodic market held in an open or enclosed structure where groups of UL 111UU UN LIX
individual sellers offer fruits, vegetables, flowers, ornamental plants, honey, eggs, and t
similar agricultural products, baked/cooked goods, beverages, and crafts for sale to the
public.
a. Permanent
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b. Temporary
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3. Farm Worker Housing [7,2,Warkffin
Includes detached or attached, seasonal or permanent housing units for employees of a I
,,!defe!nMnedb15 th3e
commercial agricultural operation. tor, F�
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4. Keeping of Animals
Includes the keeping and raising of animals for either personal or commercial purposes.
The following are keeping of animals use types:
,"As' d'&t'6"iiiii�n'e"d"b'�yi,t'h'&�,V
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a. Beehives - includes the keeping of containers for housing honeybees.
(1) 1 to 3 beehives
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 43
P
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(2) 4 or more beehives
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b. Dairies - includes facilities in which cows (or other animals) are raised and kept for their milk production.
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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.
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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.
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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).
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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
(Keeping of Small Animals).
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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.
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5. Keeping of Animals for Educational Purposes
Includes the keeping of large or small animals for educational purposes, including 4h
(Head, Hand, Heart, and Health) of FFA (Future Farmers of America). , irector-""t�"' t:��f
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).
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Page 44
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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).
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6. Riding Trails
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Include trails intended for the riding of horses.
by. the
j,"XsMd&cMmined
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7. Wildlife Preserves and Sanctuaries
-r
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Includes land or area intended to protect and preserve wildlife and/or wildlife habitat.
T9sTdereAqiMd
7e, Qyrt e
R�" Vu
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January 2013 � DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 45
Chapter 17.47 Temporary Use Types
1. Temporary Residence
n 9
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
12 's"6a`66s"6
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permanent
with Chapter 17.67 (Temporary Uses).
o'
a. Short Term - Up to twelve (12) months.
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b. Long Term - Over twelve (12) months.
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2. Temporary Real Estate Offices
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Includes offices for the sale of lots on the tract upon which the office is located for not
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'250
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more than two (2) years. Temporary real estate offices shall be in accordance with
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Chapter 17.67 (Temporary Uses).
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3. Holiday Sales
ng
Includes any temporary event intended primarily for the sales and celebration of an
M,additi6iidKpdikmg
event or holiday in accordance with Chapter 17.67 (Temporary Uses). Such uses
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include, but are not limited to, Christmas tree sales lots, Halloween pumpkin sales, and
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46iisting�,devclope'fi�
other holiday sales.
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4. Temporary Uses
Includes temporary Uses prescribed in Chapter 17.67 (Temporary Uses) of this code.
ire
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 46
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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.
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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.
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Carports
a. Carports used as required parking for multifamily or non-residential uses
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b. Carports used as accessory to required parking for single family uses
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c. arports or residential or non-residential uses with solar panels
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AP
AP AP AP AP AP AP L 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.
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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
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b. Outdoor
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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.
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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
acilitz's use.
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January 2013 1 DRAFT
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Page 48
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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.
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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.
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b. Ten (10) percent to fifteen (15) percent average.
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c. Greater than fifteen (15) percent average.
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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.
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b. Greater than one thousand, five hundred (1,500) cubic yards on natural slopes greater than ten (10) percent
average.
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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.
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b. Between ten thousand (10,000) and one hundred thousand (100,000) cubic yards.
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c. Greater than one hundred thousand (100,000) cubic yards.
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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 I C I C I C I C I C I C
5. Cluster Development
Cluster development shall be in accordance with Section 17.68.020 (Cluster Developments) of this Code.
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6. Affordable Housing
Affordable housing density bonus shall be in accordance with Section 17.68.030 (Density Bonus Requirements)
of this Code.
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x x x x x x x P P P 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.
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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.
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b. Accessory Activities/Uses - Includes trails, bike paths, sidewalks, picnic areas, passive park activities, and
landsca
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c. Storage - Includes the storage of any materials, vehicles, goods, and supplies not related to subsection (8) (a)
of this section.
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January 2013 1 DRAFT
Division 17.40 — Use Classifications and Required Parking (17.41-17.49)
Page 50
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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 I
January 2013 1 DRAFT
Division 17.50 —Development Standards (17.51-17.57)
Page 2
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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 other -wise 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 DR -AFT
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 other -wise 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, bams, 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)
1 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
shall be credited to each account, and shall be used solely for the purposes for which the
is fee was collected.
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 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. 0
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.
I . 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 DRATT
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 offee 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
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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 fand 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 of
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 DR -AFT
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: 0
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 p4suant 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;
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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. 0
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 anle
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 other -wise 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:
DU 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
1�1
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 thele
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
0
i. 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
is 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) is
years old when no new dwelling units are added.
12. Developer Provided Park and Recreation lmprovements. 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-tieu-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 0
January 2013 1 DRAFT
Division 17.50 —Development Standards (17.51-17.57)
Page 18
0
0
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 buildin
permit is issued for a new building unit on an adjoining lot under commo-O
n
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 asle
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:
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
other -wise 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. 0
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.
S 11 ope
UR5 /
UR4
UR3
UR2
URI
MXC
NIXN
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 (17.51-17.5 7)
Page 22
0
0
0
0
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 1
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
40%
7.50
1
25
JO5
0.50
41%
6.90
4.14 1
2.48
1.13
66
0.4
January 2013 1 DRAFT
Division 17.50 -Development Standards (17.51-17.57)
Page 23
Ave.
Slope
UR5
MXC
UR4 /
MXN
U113
UR2
lJR1
42%
6.00
3.60
120
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. 13
0.06
R
50%+
0.60
0.36
0.25
0.10
0.04
Figure 17.51 - I
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:
a. The hillside development plan shall be in substantial compliance with all
applicable provisions of this section and the Hillside Development Guidelines. 0
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 17.5 1 - I (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)
Page24
0
0
1-1
L
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
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.
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 Standardsfor 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. 0
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. Pro) . ects 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 comers
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
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0
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
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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
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0
0
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.
9- 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.
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, normative plant
material shall be selected.
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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 plan
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. 0
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.
9. 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
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L -I
-A
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.
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 sboWn 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 -
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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 ande
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
-13LO.,
Figure 17.5 t — 5
Terraced Retaining Walls
iii. Walls and fences not exceeding six (6) feet in height and not in a required
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Page 32
0
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
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following development standards.
i. Such walls shall utilize a curvilinear slope pattern consistent with the
appearance of the natural hillside terrain. 0
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-ptace 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 Certijication.
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).
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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:
I . 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
0 and that important resources (e.g., specimen trees and oak trees) are retained;
0
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 ot
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;
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B. Applicability.
I All projects that require approval of either an administrative land use permit or
discretionary land use permit shall provide and maintain landscape in compliance withO
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. 0
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:
I 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.
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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
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iii. Prevent physical damage to the adjoining public improvements.
9- 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.
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0
0
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 yam 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.
9. 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 scams or comers are pen-nitted.
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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. 0
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-f6iir (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. 0
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.)
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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 comer 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., tile and iron work). Water
elements shall be designed to conserve water.
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9- Substantial trees (36 -inch box and larger) are strongly encouraged in front and
side yard setback areas, to the satisfaction of the Director. 0
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.
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.
Park -ways 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
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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.
9- 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
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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.
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0
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.
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
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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: 0
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, normative 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.
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0
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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 ofLandscaping.
I . 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.
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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.
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F_ IL
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.
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C. Within 200 feet of conunercial 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 is
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.
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17.51.040 Oak Tree Preservation.
0 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.
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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 officialle
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).
9- 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:
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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.
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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-incb 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.
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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
0 (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.
0
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.
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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.
I . 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, walk -ways, 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:
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. Temporary lighting used by law enforcement or emergency services personnel to protect
life or property.
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0
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 o ' btrusive 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:
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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.
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. 0
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.
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is
11
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).
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17.51.060 Parking Standards.
SUBSECTIONS: 40
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.
1. 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.
0. 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 sirnilar
changes to uses, buildings, or structures nonconforming due to parking shall comply with
Chapter 17.05 (Legal Nonconforining Uses, Lots, and Structures).
2. In the case of mixed uses, the total Dumber 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.
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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 ofRequired 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
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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 0
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'W
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
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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
19,11,
16'6"
54'8"
12' 8"
60
20'l
1954"
59'6"
10' 5"
Two-way
90
18,
26'
62'
91
*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.
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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 (9) 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 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 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.
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0
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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.
Stairwells. All stairwells shall be designed to be an integral part of the structure.
9. Mirrors. Viewing mirrors shall be installed in order to provide adequate sight
distance, to the satisfaction of the Director.
li� 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. Parkingfor Disabled Persons.
I Accessibility Requirements. Parking facilities shall be property 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/haDdicapped. Standards for
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the facilities shall be based on the standards of the California Building Code (CBQ 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 (CBQ 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.
1. 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
I 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 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;
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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 SDaces 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. LoadingAreas.
I . 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;
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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; 0
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;
9. 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):
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0
0
0
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
I delivery van space
b. Industrial Uses.
Use
Floor Area in Square Feet
No. of Spaces Required
Warehouses and
0--15,000
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 + I 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 oj'Off-Street Parking Requirements.
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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. 0
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.
I 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. 0
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:
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.
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iv. A written agreement shall be to the satisfaction of the City Attorney and
executed by all par -ties 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
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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. 0
0. 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.
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17.51.070 Road Dedication, Improvements and Other Requirements.
0 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.
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 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, 197 1, 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
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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 repeated 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 ordinance4b
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:
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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 comer 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.
Agreement to Improve—Contents—Completion of Work by City Authorized When—
Costs:
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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. Sai
improvements shall be completed within the time specified in the agreement to -
0
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 faithfal performance of said work, or may cash anye
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:
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.
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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
thereofifthey 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 imersections 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.
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.
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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.
1. Construction Signs.
J. Directional and Informational Signs.
K. Incidental Business Signs.
L. Monument Signs.
M. Off -Site Signs.
N. Pylon Signs.
0. 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:
I 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.
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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
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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
properly 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
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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.).
D. Administration.
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 infortriation 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.
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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. 0
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.
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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.
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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
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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, NIX, P1, 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
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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.
Construction Signs. Construction signs are permitted in all zones, subject to the following
regulations:
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, NIX, PI, and I zones may be internally or externally
lighted.
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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, WX, 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 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.
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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. 0
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 I 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:
I . 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:
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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 comer 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, NIX, 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 pennitted-
b. In the C, NIX, 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, M, PI, and I zones, monument signs shall be set back a minimum one
foot from any street or public right-of-way.
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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. 0
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.
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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 fi�om any street or public right-of-way.
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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, Pl, and I zones, pylon signs may be internally or externally lighted.
b. In the OS zone, pylon signs may be intemally 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.
0. Real Estate Signs. Real estate signs are permitted in all zones subject to the . followingle
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
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0
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:
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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 thee
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. 0
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 infon-nation 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 shal I 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.
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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.
9- 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 Opening Banner Signs. Grand opening banner signs are permitted for new
businesses in the C, 1, MX, and PI zones subject to the following regulations:
Number. In all permitted zones, a maximum of one (1) 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 Dot extend above the rooffine 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, 1,
MX, and PI zones subject to the following regulations.
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
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beginning January I and ending June 30, and an additional thirty
(30) days within the period of July I and ending December 3 1. 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 ore
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, Placcrita 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.
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0
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, 1, 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.
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iv. The intensity of the illumination does not change.
C. Location. Signs shall be set back a minimum one hundred (100) feet from any Re
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 centersigns 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 perm�itted 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.
9. 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.
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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 comer, 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.
1. A maximum height of six (6) feet shall be permitted.
ii. For signs located on a street comer, a pylon sign with a maximum height
of fifteen (15) feet may be permitted, pursuant to a sign review for
enhanced signing.
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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. 0
e. All other applicable code provisions for monument or pylon signs shall apply.
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. 0
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.
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.
9. 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.
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0
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. Locatiom 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.
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.
Any requests exceeding the requirements for preview board signs shall be subject
to a sign review for enhanced signage.
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16. Projecting Signs. Projecting signs are permitted in the CR zone, pursuant to a sign review
for enhanced signage and the following regulations: 0
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 intemally 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
subject to the following regulations. 0
a. Number. A maximum of one (1) sign shall be allowed per business.
b. Height. A maximum height of one and one-half (I - 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.
Subdivision Identi/ication, Sales, Entry and Special-Feattere Signs. Subdivision sales,
identification and related entry and special -feature signs are permitted in all zones subject to the
following regulations:
I . 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. 40
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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
0 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.
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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.
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9. 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.
9. 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.
0
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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
I
individual parcel or within a commercial center of two hundred (200) square fec*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 other -wise 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. 0
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:
I 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
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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 pennitted. A
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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. 1*
d. In the C, NIX, 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. 0
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.
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40
E
E
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).
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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 with
any authorized traffic control sign. 0
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.
I 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 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
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Division 17.50 —Development Standards (17.51-17.57)
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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—
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Page I I I
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.
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9. 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 art ' ach to the
real property and the costs of abatement and the costs of enforcing
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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 I st following the confirmation of the report.
1. Reftind 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 I 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.
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 Anh�
January 2013 1 DRAFT
Division 17.50 —Development Standards (17.51-17.57)
Page 114
11
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.
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
v,1
NUMBER-,
'Vt� '�Y
"�,HEIGHT"
f z p
0"
AREA p
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 ft. 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
--
ft.
50% of
or Sign
the flat fascia
the
Review
ponion of awning.
awning
Banner Signs—
Sign Approval
C, 1, MX, PI.
One
60 sf
3 ft.
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 ft.
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 sigrt Code
with all
pylon or wal I
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 ft.
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 si . 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 zmrc�
up to 3 ft.
Electronic
Conditional
In lieu of a
One. Fo r 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
ITEIGHT�,;��
SETBACKf�
7777
��WIIYFH
kiw -Q
r 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 silmi
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 ft.
5 ft from PL. Shall be
Signs
commercial
100 ft. of lot
base. Shall
within a planter area
uses in (he
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 ft. 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 gmund-
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
January 2013 1 DRAFT
Division 17.50 —Development Standards (17.51-17.57)
Page 120
0
0
I*
7, R
��:,I Y,
U0, ?A_M:V
,�NUMBERi�
1"AREV��A Iel
FIG ,
"MM
IN
NW,
IM
�';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 planna
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
Mulfiflumily
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
ft. 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*
0
0
0
TYPE
'PERMIT
Z ONES
NUMBER'
AREA
�IIEIGHT�',�-,
"SETBACK'
WIDTH
REQUIRED
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 fl 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 plantei
area and outside clear
site line setback area.
Subdivision
Sign Review
All zones.
Three within I mile
4 sf
3 A.
I ft. from street PIL.
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 lye for a
maximum 3 years
from building permit
issuance.
Temporary
C, 1, 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
cial 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
cial 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 '/1 sf.
I 1A ft.
3 ft.
Signs
Wall Signs -
Sign Approval
C, 1, MX Pl.
One alongside of (he
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
TYP
PERMIT
ZONES
NUMBER
AREA'
HEIGHT,'
SETBACK
WiDTH' ,
!RDJUIRED'_�,Y,4
-z
Wall Signs -
Sign Approval
C, 1, MX, Pl.
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, 1, MX, Pl.
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, 1, 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
Wall Signs -
Sign Review
C, 1, MX, Pl.
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
0
AV
TYPE1 on,
Pyp�
4�
."NOMMY
PERMITy Z4
- -
0NFs,".,'V'4'
A,
P , , I �,
a;
, �, J "
'NUMBE 7 I
�f ML* 1 -VP '9
AREA',��:
11�, �17'A
HEIGIFF �-v
V
��,Wu �f � M —'471cQ40,
"SFTBAck� i
JWiDTH,§,
Wall signs - In
Sign Approval
Open space
One.
1.5 x building
2 ft. and 2
75% of
openspaceand
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.
DEALFRSHTP ID
SIGN
AWNING SIGN
BURDWO M. SIG14S
11
F]
1:10
F1
0
El
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
0
11
COMMUNITY ID SIGN
CORPORATE FLAG
I LOGO OR TETLIE I
ELECTRONIC READERBOARD SIGN
(123) 456-7890
CONSTRUCTION SIGN
DIRECTIONAL SIGN
M CMTMR
IGNS �
FREEWAY COMMERCIAL
CENTER SIGN
January 2013 1 DRAFT
Division 17.50 — Development Standards (17.51-17.57)
Page 125
GAS
FOOD'
HOTEL
171��4
FREEWAY -ORIENTED PYLON SIGN
I OAS VJ.SS WtOn WOM I
GAS SALES CANOPY SIGN
MARQUEE SIGN
0
FUEL PRICING SIGN
INCIDENTAL BUSINESS SIGN
70-10
"wo
MENU BOARD/PREVIEW BOARD SIGN
January 2013 1 DRAFT
Division 17.50 — Development Standards (17.51-17.57)
Page 126
0
0
0
MONUMENT SIGN
PYLON SIGN
SUBDIVISION ENTRY SIGN
PROJECTING SIGN
REAL ESTATE SIGN
SUBDIVISION IDENTIFICATION SIGN
January 2013 1 DRAFT
Division 17.50 — Development Standards (17.5 1-17.57)
Page 127
k
11,15
PYLON SIGN
SUBDIVISION ENTRY SIGN
PROJECTING SIGN
REAL ESTATE SIGN
SUBDIVISION IDENTIFICATION SIGN
January 2013 1 DRAFT
Division 17.50 — Development Standards (17.5 1-17.57)
Page 127
SubdivWm
S.bdiidon
Subdi.
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
0
I-11MI231-4567
WINDOW SIGN
Iwo
Wall sign
WALL SIGN
January 2013 1 DRAFT
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Page 128
0
0
0
E
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 comers,
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 DR -AFT
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. is
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 comer.
1. 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 I 10-1, Type C commercial driveway is
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.
0. Outdoor Display of Merchandise.
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0
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.
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.
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 Dot 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.
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S. Odor. No use shall be permitted which creates odor in such quantities as to be readily detectable
beyond the boundaries of the site. 0
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. 0
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.
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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.
17.53.040 Setbacks.
All setbacks shall meet the requirements of the underlying zone and as shown below in Figure 17.53 — I
�semaCKS), umess specincany anowea in tnis section.
Re�idential Z6ha, Commercial or 1ndu4riM Zotii�
Figure 17.53 — I
Commercial/Industrial Setbacks
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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. 0
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 comers, 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 mariner 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.
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0
E
0
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
I . Building Height.
a. MX -N Zone. Buildings and structures in the MX -N 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).
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5
Figure 17.55 — I
Daylight Plane Requirement
Driveways and Circulation.
0
a. Driveway access shall be located no closer than one hundred fifty (150) feet from
the beginning of the curve of a street comer.
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
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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 IuMdred 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.
I 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.
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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.
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, 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.
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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:
I 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
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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. 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 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 natuyal-appeaying.
4. Buildings shall be oriented along street frontage.
5. The vertical plane of the building faqade shalt 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. 0
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 faqade 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 andAlternative Transportation Amenities.
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0
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.
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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 Dot 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. 0
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.
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0
Chapter 17.57 Property Development
0 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 comer 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
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Page 143
in accordance with all other applicable ordinances. Heights of said equipment, excluding
antenn as, 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.
1. 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
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0
0
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
— I (Residential Parking Areas).
LOTS M)EX A QUATURACREAND MrSIDE OFTIM
PLACERTTA CAN�W MPPY MALLEX AM SAND CANYON
SLAVDAPODISTMCTS
So�"
Sdback
ANYLOT OVSKA QUAWM AMAI'M LOU NPLACIRMTA CANMN. RAPPY
VM I". AM SAND CA N�CN STANflASM DIST RIM
---------- ------------ ------- —
P"king I
---------------
NO Puking
Figure 17.57 — I
Residential Parking Areas
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0. 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: 0
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. 0
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).
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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:
I . 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 nonrial 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-)
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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. 0
5. Where driveways are Dot 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. MobilehomeslManufactured 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 65 852. 1 (b) as having a special character
or special historic interest.
5. All mobilehornes or manufactured homes shall possess roof eaves with overhangs of at
least sixteen (16) inches.
6. All mobilehornes 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:
I . 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).
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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;
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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:
I . 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.
1. Trash Collection Areas. The following requirements shall be met for all trash collection areas for
multifamily residential development:
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 shal 0
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.
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0
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 adj . acent 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.
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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 (1) sport
court (including applicable walls and/or fences) consisting of a single sport area.0
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 -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.m. is
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,
NU5, URI, UR2, UR3, UR4, UR5, or OS -A).
b. The parcel shall contain a legal single-family dwelling as the primary use
(primary dwelling unit).
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C. Only one guesthouse shall be permitted per parcel unless an approved minor use
permit is obtained.
40 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,
NU5, URI, UR2, UR3, UR4, UR5, 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.
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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. 0
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.
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. 0
9- 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.
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 training 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 Accesso�y 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 Perntitted 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 witMn 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.
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Division 17.50 — Development Standards (17-51-17.57)
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17.57.060 Setbacks.
All setbacks shall meet the requirements of the underlying zone and as shown below in Figure 17.57 —
(Residential Setbacks), unless specifically allowed in this section.
Figure 17.5 7 — 3
Residential Setbacks
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Division 17.50 — Development Standards (17.51-17.57)
Page 156
Key Lot
@
du ' esthousc
Reversed' Comer Lot*
@
Second Urirt
Comer Lot
ID
Covcfca pitto
Flag L-ot
0
Detached Garage
@
NFulti-farmly Residence
0
Poet - I Wor 20'depending upon zone
Figure 17.5 7 — 3
Residential Setbacks
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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 Wift
��.'t sd� 'St�t S�tb.�k�
pa�way! Sid,�.Jkl N,k��y.
5' m.. 1 5'
I
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.
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Page 157
F. Other structures shall be permitted in required yards as follows:
I 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
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Page 158
0
6* Wx,
KEYLOT
6'Mu.
CORNER LOT
6' M��
N
(4'MM AII..W Fm
REVERSED CORNER LOT
Nmi-vim Oh��ir�q re,wine')
Figure 17.57 — 5
Fence and Wall Heights
January 2013 1 DRAFT
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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- 0
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).
I 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.
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Page 160
0
E
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.
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).
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Figure 17.5 7 — 6
Retaining Walls
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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 no
to exceed six (6) mches; provided however, that in no event shall the average height of such wal*'
or fence exceed the maximum height permitted for that location.
0
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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
0
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Division 17.60 —Specific Development Standards (17.61-17.69)
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LI
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0
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:
I . Adult motion picture arcade;
2. Adult bookstore;
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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.
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0
0
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.
I . 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 air 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
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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. 0
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-ofiented 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:
I . 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 confori-ning
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.
1. 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
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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.
C. A corporation, the corporation shall state its complete name, the date of its
incorporati ' on, 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
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floor plan showing the configuration of the premises, including a statement of total
floor space occupied by the business. is
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 I ist 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 (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.
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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:
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.
1. 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
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Division 17.60 —Specific Development Standards (17.61-17.69)
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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
Sheriffs 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.
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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
41 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:
I . 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.
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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. 0
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
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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.
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.
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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 mariner 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 pen -nit 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.
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LI
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 perforinances
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 platforin 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.
0. 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 perfon-nance, 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.
0
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, shal I 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.
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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. 40
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.
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0
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:
0 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�
I To engage in a couch dance or straddle dance with a patron at the business;
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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:
I . 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. 0
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.
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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:
I . 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:
I . 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
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4. A permittee or an employee knowingly operated the adult business during a period
of time when the permittee's permit was suspended; or 0
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 pern-iittee 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 pen -nit
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 shalt respond to the annual compliance letter within ten (10) days of
receiving the letter.
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Division 17.60 —Specific Development Standards (17.61-17.69)
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0
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.
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 (Placerita 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 I acre I 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.
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2. Young animals bom to a permitted animal kept on the site may be kept until such
animals are weaned. 0
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 pen -nit 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,
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 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
Dogsl
Cats' Other Small
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
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Division 17.60 — Specific Development Standards (17.61-17.69)
Page 22
0
0
0
0
25,001-30,000 15 3 6 5
30,001-35,000 18 3 6 6
35,001-1 acre 21 3 6 7
Greaterthan 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.
I . 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.
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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. 0
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:
I 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 67 1).
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.
I 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.
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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.
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G. Water from washing activities shall not flow over any public sidewalk and shall be
retained on site. 0
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.
1. 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.
1. 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.
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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.
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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.
IT64.1 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. 0
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 I I 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
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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 1 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.
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17.64.050 Actions by the Director for the Renovation or Alteration of a Historic
Resource. 0
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 pennit 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;
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0
H. Addition or removal of landscaping;
1. 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 11 Public Noticing (Public Hearing)) and 17.24.120 (Minor Use Permit)
with the exception that approval of the minor use pen -nit 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.
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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.t5o (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:
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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,
is 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.
E
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 uniforrn 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).
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.
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Chapter 17.65 Home Occupations 40
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 pen -nit 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, quitting 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 demonstratio i ns 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
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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 conforin 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.
1. 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.
0. 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
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constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or
regulation. 0
P. Additional conditions may be applied as deemed necessary by the Director.
0
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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
property development requirements of the zones. These standards are in addition to the property
Is 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 other -wise 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
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9- Supermarket/Grocery Store (on-site consumption).
2. The following alcohol sales uses are not subject to a minor use permit ore
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
9. 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:
I The proposed use shall comply with all provisions of the requirements of the
California Department of Alcoholic Beverage Control; 0
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.
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I*
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
0 the residential character of the home to accommodate the cottage food operation.
0
H. No signs shall be permitted for cottage food operations, except those required by
government agencies.
1. 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.
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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;
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0
0
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.
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).
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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
commerciallindustrial property must meet the following criteria:
I . 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.
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0
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
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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.
9. 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
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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.
0. 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
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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.
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.
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.
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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
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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
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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.
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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.
I . 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.
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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. 0
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
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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.
1. 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.
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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.
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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.
1. 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.
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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 pen -nit. 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:
I . 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 fighting shall be directed downwards and away from neighboring
properties;
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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 mariner;
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.
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H. Outside display or sales of goods, equipment, merchandise, or exhibits, in a commercial,
mixed use, or industrial zone, provided that: 0
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.
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
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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.
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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;
I 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.
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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 transfer -red, to a receiving site which can
accept the relinquished density.
I 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:
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.
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:
I 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.
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