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ORD 320 ORDINANCE NO. 320 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO TITLES 16 and 17 OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission and/or the Planning Commission Sub- Committee conducted public hearings on December 14, 1993; February 8 and 22, 1994; March 8, 22 and 23 1994; April 12, 26 and 28, 1994; May 10 and 24, 1994; June 141 1994; August 9 and 16, 1994; September 13 and 27, 1994; November 9, 1994; December 13, 1994; January 10 and 24, 1995; February 14 and 28, 1995; March 14, 1995; April 25, 1995; May 23, 1995; July 11, 1995; September 12 and 26, 1995; October 10 and 24, 1995 at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Title 16 and 17 as set forth in the Planning Commission Staff Reports of those dates. WHEREAS, the Planning Commission adopted P.C. Resolution No. 95-44 on October 24, 1995 and Resolution No. 95-45 on November 14, 1995 recommending to the City Council certain amendments to Titles 16 and 17 of the Municipal Code; and WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council held public hearings on November 8, 1995; December 51 1995; February 6 and 20, 1996; March 11 and 19, 1996; April 2 and 16, 1996; May 7 and 21, 1996; June 4, 1996; July 2 and 16, 1996; August 6 and 20, 1996; September 3 and 17, 1996; October 1, and 25, 1996; November 6 and 25, 1996; December 3, 1997; January 21, 1997; February 4 and 18, 1997; and April 1, 1997 at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments; and WHEREAS, the City Council adopted Resolution 96-23 on March 18, 1996 declaring its intention to adopt a merger ordinance (draft Chapter 16.32) pursuant to the provisions of the Subdivision Map Act; and WHEREAS, Negative Declaration/Environmental Assessment No. 694 was prepared in accordance with the State of California Environmental Quality Act (CEQA) and the State and local CEQA Guidelines and Resolution No. 97 - 25 was adopted by the City Council on April 1, 1997 finding that on the basis of the Initial Study (the Environmental Assessment) and any comments received, that there is no substantial evidence that the amendments to Titles 16 and 17 will have a significant effect on the environment. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS: Section 1: The City Council has reviewed and considered the amendments to Titles 16 and 17 of the Municipal Code. Section 2: The City Council finds that the amendments to Titles 16 and 17 of the Municipal code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 3: The City Council finds that the amendments to Titles 16 and 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans, in particular to carefully control and direct future growth towards making a positive contribution to all elements of the community. Section 4: The City Council finds that the amendments to Titles 16 and 17 are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendments to Titles 16 and 17 be construed as a restatement and continuation of these previous provisions and not as new enactments. Section 5: The City Council further finds that there is no substantial evidence that the amendments to Titles 16 and 17 will have a significant effect on the environment. Section 6: The City Council further finds that the amendments to Titles 16 and 17 are necessary to preserve the public health, safety, and general welfare in the area. Section 7: For the foregoing reasons and based on the information and findings included in the staff reports and records of the proceedings, Titles 16 and 17 of the City of Rancho Palos Verdes Municipal Code are hereby amended to read as follows: Ordinance No.320 Page 2 of 312 DILE„16 (Subdivision) Table of contents Chapter 16.04 GENERAL PROVISIONS 16.04.010 Purpose.......................................................................................... 16.04.020 Title- Compliance required -fees.................................................. 16.04.030 Required maps............................................................................... 16.04.040 Map requirements.......................................................................... 16.04.050 Consistency with Hazardous Waste Management Plan........................................................................s 16.04.060 Certificate of Compliance.............................................................. Chapter 16.08 LOT LINE ADJUSTMENTS 16.08.010 Application - Submittal and review................................................ 16.08.020 Appeals......................................................................................... Chapter 16.12 PARCEL MAPS 16.12.010 Pre-filing conference..................................................................... 16.12.020 Tentative parcel map--Filing and review....................................... 16.12.030 Content and form.......................................................................... 16.12.040 Expiration...................................................................................... 16.12.050 Final parcel map--Filing and review.............................................. 16.12.060 Waiver--Eligible subdivisions........................................................ 16.12.070 Waiver--Tentative parcel map required......................................... 16.12.080 Waiver--Request form................................................................... 16.12.090 Waiver--Conditions........................................................................ 16.12.100 Waiver--Required findings............................................................. 16.12.110 Waiver--Decision time limit............................................................ 16.12.120 Waiver--Certificate......................................................................... Chapter 16.16 TRACT MAPS 16.16.010 Pre-filing conference...................................................................... 16.16.020 Tentative tract map--filing and review............................................ 16.16.030 Content and form........................................................................... 16.16.040 Expiration....................................................................................... ORDINANCE NO. 320 Page 3 of 312 16.16.050 Final tract map--filing and review.................................................. Chapter 16.20 DEDICATIONS AND IMPROVEMENTS 16.20.010 Applicability..................................................................................... 16.20.020 Public streets, highways, alleys and easements................................................................................ 16.20.030 Private streets, alleys or ways......................................................... 16.20.040 Utility easements.............................................................................. 16.20.050 Drainage easements ....................................................................... 16.20.060 School sites...................................................................................... 16.20.070 Public Facilities................................................................................. 16.20.080 Supplemental size of improvements ................................................ 16.20.090 Off-site improvements....................................................................... 16.20.100 Park and recreation dedications and fees........................................ 16.20.110 Standards......................................................................................... 16.20.120 Soils/Geology Report........................................................................ 16.20.130 Monuments....................................................................................... 16.20.140 Improvement Agreement.................................................................. 16.20.150 Improvement bonds.......................................................................... 16.20.160 Faithful performance bond--mol-luments........................................... 16.20.170 Surety company requirements.......................................................... 16.20.180 Case deposits and negotiable bonds................................................ 16.20.190 Improvement security--Release........................................................ Chapter 16.24 VESTING TENTATIVE MAPS 16.24.010 Purpose and intent............................................................................ 16.24.020 Consistency requirement................................................................... 16.24.030 Application........................................................................................ 16.24.040 Filing and processing ....................................................................... 16.24.050 Fees.................................................................................................. 16.24.080 Vested rights created by approval of vesting tentativemap.................................................................................... 16.24.090 Amendment to vesting tentative map............................................... 16.24.100 Applications inconsistent with established policies........................... 16.24.110 Subsequent permits, licenses, and other entitlements for use.......................................................................... Chapter 16.28 CORRECTION AND AMENDMENT OF MAPS 16.28.010 Requirements................................................................................... ORDINANCE NO. 320 Page 4 of 312 Eaae 16.28.020 Form and contents............................................................................ 16.28.030 Submission to and approval by City Engineer.................................. 16.28.040 Filing with County Recorder.............................................................. Chapter 16.32 REVERSIONS TO ACREAGE AND MERGERS 16.32.010 Reversions to acreage .................................................................... 16.32.020 Merger of contiguous parcels .......................................................... 16.32.030 Merger of contiguous parcels--Conditions ....................................... 16.32.040 Merger of contiguous parcels--Notice of Intent................................. 16.32.050 Merger of contiguous parcels--Hearing............................................. 16.32.060 Merger of contiguous parcels--Determination of merger.................. 16.32.070 Merger of contiguous parcels--Determination ofnon-merger .................................................................................. 16.32.080 Merger of contiguous parcels--Appeal.............................................. 16.32.090 Merger of contiguous parcels--Request byproperty owner ............................................................................ ORDINANCE NO. 320 Page 5of312 TITL .T. able_Qf Conten Page ARTICLE I. RESIDENTIAL DISTRICTS Chapter 17.02 SINGLE FAMILY RESIDENTIAL (RS) DISTRICTS 17.02.010 Purpose............................................................................................ 17.02.020 Uses and development permitted..................................................... 17.02.026 Uses and development permitted witha conditional use permit...................................................................... 17.02.030 Development standards................................................................... 17.02.040 View preservation and restoration.................................................... Chapter 17.04 MULTI-FAMILY RESIDENTIAL(RM) DISTRICTS 17.04.010 Purpose ........................................................................................... 17.04.020 Uses and development permitted..................................................... 17.04.030 Uses and development permitted by conditional use permit............ 17.04.040 Development standards.................................................................... Chapter 17.06 ATTACHED UNIT DEVELOPMENT STANDARDS 17.06.010 Purpose............................................................................................ 17.06.020 Development standards.................................................................... Chapter 17.08 HOME OCCUPATIONS 17.08.010 Purpose............................................................................................ 17.08.020 Permit required................................................................................. 17.08.030 Review of applications ..................................................................... Chapter 17.10 SECOND UNIT DEVELOPMENT STANDARDS 17.10.010 Purpose............................................................................................ 17.10.020 Development standards.................................................................... 17.10.030 Filing for record................................................................................. 17.10.040 Revocation....................................................................................... ORDINANCE NO. 320 Page 6 of 312 Paae Chapter 17.11 AFFORDABLE HOUSING 17.11.010 Intent and Purpose......................................................................... 17.11.020 Applicability.................................................................................... 17.11.030 Exemptions.................................................................................... 17.11.040 Affordable Housing Requirement................................................... 17.11.050 In Lieu Fees................................................................................... 17.11.060 Affordable Housing Incentives....................................................... 17.11.070 Period of Affordability..................................................................... 17.11.080 Feasibility....................................................................................... 17.11.090 Agreement..................................................................................... 17.11.100 Tenant/Owner Qualification........................................................... 17.11.110 Reporting....................................................................................... 17.11.120 Resale............................................................................................ 17.11.130 Coastal specific plan district Replacement Housing Requirement............................................... 17.11.140 Affordable Housing Requirements for Non-residential Projects................................................................... ARTICLE 11. COMMERCIAL DISTRICTS Chapter 17.12 COMMERCIAL DISTRICTS 17.12.010 Purpose........................................................................................... 17.12.020 Uses and development permitted.................................................6 6 0 0 17.12.030 Development standards.................................................................... 17.12.040 Expanding existing development...................................................... 17.12.050 New commercial development.......................................................... 17.12.060 Development plan and supplemental materials................................ 17.12.070 Commercial condomininium development concept plan review.......................................................0.................. 17.12.080 Commercial condominium or stock cooperative conversions .................................................................. 17.12.090 Development standards for conversions........................................... Chapter 17.14 COMMERCIAL LIMITED (CL) DISTRICT 17.14.010 Purpose ........................................................................................... 17.14.020 Uses and development permitted .................................................... 17.14.030 Uses and development permitted by conditional use permit....................................................................... ORDINANCE NO. 320 Page 7of312 Chapter 17.16 COMMERCIAL NEIGHBORHOOD (CN) DISTRICT 17.16.010 Purpose .......................................................................................... 17.16.020 Uses and development permitted.................................................... 17.16.030 Uses and development permitted by conditional use permit...................................................................... Chapter 17.18 COMMERCIAL PROFESSIONAL (CP) DISTRICT 17.18.010 Purpose........................................................................................... 17.18.020 Uses and development permitted ................................................... 17.18.030 Uses and development permitted by conditional use permit...................................................................... Chapter 17.20 COMMERCIAL GENERAL (CG) DISTRICT 17.20.010 Purpose ........................................................................................... 17.20.020 Uses and development permitted..................................................... 17.20.030 Uses and development permitted by conditional use permit...................................................................... Chapter 17.22 COMMERCIAL RECREATIONAL (CR) DISTRICT 17.22.010 Purpose .......................................................................................... 17.22.020 Uses and development permitted ................................................... 17.22.030 Uses and development permitted by conditional use permit...................................................................... 17.22.040 Operation and maintenance ............................................................ 17.22.060 Development standards ................................................................... ARTICLE III. INSTITUTIONAL AND CEMETERY DISTRICTS Chapter 17.26 INSTITUTIONAL (1) DISTRICT 17.26.010 Purpose .......................................................................................... 17.26.020 Uses and development permitted ..............................................game. 17.26.030 Uses and development permitted by conditional use permit...................................................................... 17.26.040 General development standards ..................................................... 17.26.050 Expanding existing development .................................................... ORDINANCE NO. 320 Page 8 of 312 Paas Chapter 17.28 CEMETERY (C) DISTRICT 17.28.010 Purpose .......................................................................................... 17.28.020 Uses and development permitted ................................................... 17.28.030 Uses permitted by conditional use permit........................................ 17.28.040 General Development standards...................................................... ARTICLE IV. OPEN SPACE DISTRICTS Chapter 17.32 OPEN SPACE HAZARD (OH) DISTRICT 17.32.010 Purpose........................................................................................... 17.32.020 Establishment .............................................................00000 aones.......... 17.32.030 Uses and development permitted.................................................... 17.32.040 Uses subject to conditional use permit............................................. 17.32.050 Uses subject to city council review andapproval..................................................................................... Chapter 17.34 OPEN SPACE RECREATION (OR) DISTRICT 17.34.010 Purpose............................................................................................ 17.34.020 Applicability....................................................................................... 17.34.030 Uses and development permitted.......:.....-.......................................... 17.34.040 Uses and development permitted by conditional use permit....................................................................... 17.34.050 Development standards ................................................................... ARTICLE V. SPECIAL DISTRICTS Chapter 17.38 SPECIFIC PLAN DISTRICTS 1 7.3 8.0 1 0 Purpose .....................O s s e o..0 0...0 0 0..0 0.0.0 0.0............•............................... 17.38.020 Establishment .................................................................................. 17.38.030 Area delineation ...............................................••.............................9 17.38.040 Content ............................................................................................ 17.38.050 Conflict with other code provisions .................................................. 17.38.060 Specific pian district I ....................................................................... 17.38.070 Specific plan district II ...................................................................... 17.38.080 '` Specific plan district III ..................................................................... 17.38.090 Specific plan district IV ..................................................................... ORDINANCE NO. 320 Page 9of312 Paw Chapter 17.40 OVERLAY CONTROL DISTRICTS 17.40.010 Purpose ........................................................................................... 17.40.020 General exclusions........................................................................... 17.40.030 Designation and effect of overlay control districts anddistrict maps.............................................................................. 17.40.040 Natural overlay control district (oc-1) and regulatiQas................................................................................. 17.40.050 Socio-cultural district (oc-2) and regulations.................................... 17.40.060 Urban appearance overlay control district (oc-3) andregulations................................................................................. 17.40.070 Automotive service station overlay control district (oc-4) and regulations...................................................................... Chapter 17.42 RESIDENTIAL PLANNED DEVELOPMENT 17.42.010 Purpose............................................................................................ 17.42.020 Applicability....................................................................................... 17.42.030 Uses and development permitted...................................................... 17.42.040 Development standards..................................................................... Chapter 17.44 AGRICULTURE DISTRICT 17.44.010 Purpose ........................................................................................... 17.44.020 Uses and development permitted .................................................... 17.42.030 Uses subject to conditional use permit.............................................. 17.43.040 Development standards.................................................................... Chapter 17.46 EQUESTRIAN OVERLAY (Q) DISTRICT 17.46.010 Purpose ........................................................................................... 17.46.020 Number of large domestic animals permitted without approval of a permit..... @*Do* 17.46.030 Boarding........................................................................................... 17.46.040 Large domestic animal permit........................................................... 17.46.050 Conditional large domestic animal permit......................................... 17.46.060 Development standards.................................................................... 17.46.070 Equestrian committee....................................................................... 17.46.080 Nonconformities................................................................................ 17.46.090 %Establishment of equestrian overlay (Q) districts............................... ORDINANCE NO. 320 Page 10 of 312 Paa� ARTICLE VI, USE AND DEVELOPMENT STANDARDS Chapter 17.48 LOTS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT 17.48.010 Purpose............................................................................................. 17.48.020 Lot area and dimensions................................................................... 17.48.030 Setbacks........................................................................................... 17.48.040 Open space area.............................................................................. 17.48.050 Building height.................................................................................. 17.48 060 Extreme slope................................................................................... 17.48.070 Intersection visibility.......................................................................... Chapter 17.50 NON-RESIDENTIAL PARKING AND LOADING STANDARDS 17.50.010 Purpose ............................................................................................ 17.50.020 Parking requirements ....................................................................... 17.50.030 Joint use and common parking facilities ........................................... 17.50.040 Development standards .................................................................... 17.50.050 Loading ............................................................................................. Chapter 17.52 DEDICATIONS, RIGHT-OF-WAY IMPROVEMENTS AND OFF-SITE IMPROVEMENTS 17.52.010 Purpose ............................................................................................ 17.52.020 Applicability....................................................................................... 17.52.030 Required dedication of street right-of-way......................................... 17.52.040 Required right-of-way improvements and off-site improvements........................................................................ 17.52.050 Relief from required dedication or improvement...................................................................................... Chapter 17.54 UNDERGROUND UTILITIES AND VISUAL SCREENING 17.54.010 Purpose ........................................................................................... 17.54.020 Underground utilities......................................................................... 17.54.030 Trash receptacle enclosures............................................................. 17.54.040 Screening of mechanical equipment, . storage areas and loading docks....................................................... ORDINANCE NO. 320 Page 11 of 312 LeaY Chapter 17.56 ENVIRONMENTAL PROTECTION 17.56.010 Purpose ........................................................................................... 17.56.020 Conduct of construction and landscaping activities ...................................................................................00000999 17.56.030 Outdoor lighting for residential uses.................................................. 17.56.040 Outdoor lighting for non-residential uses .......................................... 17.56.050 Residential neighborhood protection ................................................. 17.56.060 Slope drain maintenance................................................................... Chapter 17.58 RECYCLING 17.58.010 Purpose............................................................................................. 17.58.020 Recycling centers, recycling dropoff or collection facilities, and community service recycling programs............................................................... 17.58.030 Requirements and guidelines for collecting and loading of recyclable materials in development projects........................................................................ ARTICLE V1I. DEVELOPMENT APPLICATION AND REVIEW Chapter 17.60 CONDITIONAL USE PERMITS 17.60.010 Purpose............................................................................................. 17.60.020 Application......................................................................................... 17.60.030 Filing Fee... 17.60.040 Public Hearing.........................................................0......................... 17.60.050 Findings and conditions ......................................0............................ 17.60.060 Appeal............................................................................................... 17.60.070 Time limit ........................................................................................... 17.60.080 Failure to comply.............................0............................................0 17.60.090 Amendments..................................................................................... 17.60.100 Revocation........................................................................................ Chapter 17.62 SPECIAL USE PERMIT 17.62.010 Purpose ..............................................................................0............. 17.62.020 Uses and developments permitted with 'special use permits............................................................................ 17.62.030 Temporary vendor permit ................................................................. 17.62.040 Application..................................................................0.................0.... ORDINANCE NO. 320 Page 12 of 312 17.62.050 Notification ........................................................................................ 17.62.060 Action by Director.............................................................................. 17.62.070 Appeals............................................................................................. Chapter 17.64 VARIANCES 17.64.010 Purpose............................................................................................. 17.64.020 Application......................................................................................... 1 7.64.030 Filing Fee.. 0*040,04,'00 00'00604 9 69"906996 is 090 0"o 00,00000 000 990,64 0 4000 60860"Moo"-00" ee........................................................................................... 17.64.040 Public hearing.................................................................................... 17.64.050 Findings............................................................................................. 17.64.060 Appeal .............................................................................................. 17.64.070 Conditions.......................................................................................... 17.64.080 Failure to comply............................................................................. Chapter 17.66 MINOR EXCEPTION PERMITS 17.66.010 Purpose........................................................................................... 17.66.020 Scope.............................................................................................. 17.66.030 Application....................................................................................... 17.66.040 Notification....................................................................................... 17.66.050 Action by the Director ..................................................................... 17.66.060 Appeals ........................................................................................... Chapter 17.68 ZONE CHANGES AND CODE AMENDMENTS 17.68.01 0 Purpose .......•........................•........................••............................... 17.68.020 Adoption procedure......................................................................... 17.68.030 Initiation of zone change and/or codeamendment............................................................................. 17.68.040 Zone change and/or code amendment reviewprocedure............................................................................ 17.68.050 Modification .................................................................................... 17.68.060 Application....................................................................................... 17.68.070 Filing Fee......................................................................................... 17.68.080 Notification ...................................................................................... 17.68.090 Planning Commission action............................................................ 17.68.100 Adverse Planning Commission recommendation............................ 17.68.110 Time limit for development .............................................................. 17.68.120 Extension of decision deadlines ..................................................... ORDINANCE NO. 320 Page 13 of 312 Laue Chapter 17.70 SITE PLAN REVIEW 17.70.010 Purpose ........................................................................................... 17.70.020 Application........................................................................................ 17.70.030 Approval........................................................................................... Chapter 17.72 COASTAL PERMITS 17.72.010 Purpose............................................................................................ 17.72.020 Scope .............................................................................................. 17.72.030 Determinations ................................................................................ 17.72.040 Uses and developments permitted..............................................Does. 17.72.050 Uses and developments excluded from the coastal permit procedure................................................................... 17.72.060 Filing Fee........................................................................................... 17.72.070 Notice .......................................................................................... 17.72.080 Public hearing.............................................................................. 17.72.090 Findings ...................................................................................... 17.72.100 Appeals........................................................................................ 17.72.110 Final action..........................................................................�........ 17.72.120 Concurrent permits ...................................................................... Chapter 17.74 RESIDENTIAL PLANNED DEVELOPMENT PERMIT 17.74.010 Concept plan review..................................................................... 17.74.020 Residential planned development permit application..................................................................................... 17.74.030 Revisions to plan........................................................................... 17.74.040 Bond for all common area and off-site improvements .................. 17.74.050 Occupancy Permit......................................................................... 17.74.060 Time limit....................................................................................... 17.74.070 Findings and conditions ................................................................ Chapter 17.76 MISCELLANEOUS PERMITS AND STANDARDS 17.76.010 Parking Lot Permit ......................................................................... 17.76.020 Antennas, satellite dishes, ham radio antennas and ham radio antenna permit....................................................... 17.76.030 Fences, walls and hedges ............................................................ 17.76.040 Grading Permit .............................................................................. 17.76.050 Sign Permit ................................................................................... 17.76.060 Extreme slope Permit ................................................................... ORDINANCE NO. 320 Page 14 of 312 Pa0p, 17.76.070 Large Family Day Care Home Permit ...................................00.80... 17.76.080 Convenience Stores..............................................................600,0..... 17.76.090 Automobile service station.............................................................. 17.76.100 City Tree Review Permit.................................................................. 17.76.110 Exotic Animal Permit....................................................................... 17.76.115 Large domestic animal permits....................................................... 17.76.120 Arcades .......................................................................................... 17.76.130 Geologic Investigation Permit ......................................................... 17.76.140 Bed and breakfast inns.................................................................... Chapter 17.78 MISCELLANEOUS 17.78.010 Fee Waivers .................................................................................... 17.78.020 Acceptance of conditions................................................................. 17.78.030 Consideration of multiple applications............................................. 17.78.040 Amendments to approved applications........................................... 17.78.050 Interpretation Procedure for approved applications...................................................................................... Chapter 17.80 HEARING NOTICE AND APPEAL PROCEDURE 17.80.010 Title and purpose ........................................................................ 17.80.020 Effect of filing .............................................................................. 17.80.030 Appellate authority ...................................................................... 17.80.040 Notice of decision by director ...................................................... 17.80.050 Appeal to planning commission .................................................. 17.80.060 Action by planning commission .................................................. 17.80.070 Appeal to City council ................................................................. 17.80.080 Action by City Council ................................................................ 17.80.090 Notice of hearing ........................................................................ 17.80.100 Hearing transcript ....................................................................... 17.80.110 Denial without prejudice ............................................................. 17.80.120 Appeal Fee refund ...................................................................... 17.80.130 Appeals by city council................................................................ ARTICLE VIII. ADMINISTRATION Chapter 17.84 NONCONFORMITIES 17.84.010 `Purpose......................................................................................... 17.84.020 Applicability.................................................................................... 17.84.030 Continuance of nonconformities.................................................... ORDINANCE NO. 320 Page 15 of 312 17.84.040 Nonconforming lots........................................................................ 17.84.050 Nonconforming uses...................................................................... 17.84.060 Nonconforming buildings and other structures.............................................................................. Chapter 17.86 ENFORCEMENT 17.86.010 Purpose.......................................................................................... 17.86.020 Evidence of procedure.................................................................... 17.86.030 Prohibited uses............................................................................... 17.86.040 Enforcement................................................................................... 17.86.050 Disqualification for violation............................................................ 17.86.060 Suspension or revocation of permits............................................... 17.86.070 Expiration of ermit upon non-use.................................................... 17.86.080 Penalty Fees................................................................................... 17.86.090 Penalty for violation......................................................................... 17.86.100 Statute of Limitations....................................................................... Chapter 17.88 ZONING MAP 17.88.010 Purpose ...................................................................................... 17.88.020 Zoning Map.................................................................................. 17.88.030 District boundaries....................................................................... Chapter 17.90 INTERPRETATION PROCEDURE 17.90.010 Purpose and scope.....................................................*.................. 17.90.020 Initiation......................................................................................... 17.90.030 Basis of interpretation.................................................................... 17.90.040 Preparation, notice and transmittal................................................ 17.90.050 Planning Commission hearing and action ..................................... 17.90.060 Book of Interpretations................................................................... Chapter 17.92 SEVERABILITY 17.92.010 Severability .......................................................,.......,.....,..........,,.. Chapter 17.96 DEFINITIONS................................................................................. ORDINANCE NO. 320 Page 16 of 312 Title 16 SUB, 1VISIQNS Qhapters: 16.04 General Provisions 16.08 Lot Line Adjustments 16.12 Parcel Maps 16.16 Tract Maps 16.20 Dedications and Improvements 16.24 Vesting Tentative Maps 16.28 Correction and Amendment of Maps 16.32 Reversions to Acreage and Mergers Chapter_16.04, CENT!.,__EROVISIONS Se-olions: 16.04.010 Purpose. 16.04.020 Title--Compliance required--fees. 16.04.030 Required maps. 16.04.040 Map requirements. 16.04.050 Consistency with Hazardous Waste Management Plan. 16.04.060 Certificate of Compliance. 16,04.0 0 P_urpo.$e. The purpose of this title is to regulate and control the design and improvement of subdivisions and to coordinate subdivision planning with the city's general and specific plans. A. This title is adopted to supplement the Subdivision Map Act, Government Code Section 66410, et seq., and imposes requirements in addition to those set forth in the Subdivision Map Act. The provisions of the Subdivision Map Act shall govern the processing of subdivision applications, except as otherwise provided in this title. B. Any reference in this title to the Subdivision Map Act, or a specific section thereof, shad refer to the Subdivision Map Act as most currently amended. In the event that a cited section has been renumbered, or combined with another section, the reference shall be to the most recent equivalent of the cited section. ORDINANCE NO. 320 Page 17 of 312 16.04.020 Title—Compliance required--fees. A. This title may be cited as the Subdivision Ordinance of the city. B. It is unlawful for any person, as a principal, agent or otherwise, to sell, lease, finance or transfer title to any portion of any subdivision or parcel of land in the city, or to offer to do so, for which a tentative or final tract or parcel map or waiver certificate is required, pursuant to the Subdivision Map Act or this title, unless the required map, in full compliance with the Subdivision Map Act and this title, have been filed for record with the County Recorder. C. Every person submitting a tentative or final tract or parcel map, application for a certificate of waiver, application for a certificate of compliance, application for a lot line adjustment or petition for reversion to acreage shall pay a processing fee in the amount established by resolution of the city council. 16.04,030 Required Maps. r A. A tentative and final tract map shall be required for any subdivision, including a condominium project, stock cooperative project or community apartment project, for which a tentative and final map is required by the Subdivision Map Act. B. A tentative and final parcel map shall be required for any subdivision, including a condominium project, stock cooperative project, or community apartment project, for which a tentative and final map is not required by the Subdivision Map Act, except when the Subdivision Map Act specifically provides that no parcel map shall be required for a particular type of project. No final parcel map shall be required when the requirement of a final parcel map has been waived pursuant to Chapter 16.12 (Parcel Maps) of this title. C. No tract or parcel map shall be required for lot line adjustments. 16.04.040 Maprhe uirements. A. No tentative tract or parcel map application shall be considered as filed or complete until all required documents, supplemental information and materials have been submitted to the Director, including without limitation geotechnical and/or soils reports, as described in Section 16.20.120 (Dedications and Improvements), which have been approved by the City's geotechnical staff; and a conceptual grading plan which describes the grading required for development of, and access to, the subdivided lots. If after approval of a map, new geotechnical reports or information is submitted to the city which make any of the conditions of the map no longer appropriate, or necessary, an amendment to the approved tentative map may be requested by the applicant pursuant to the procedures described in Section 16.28.010(G), (Correction and Amendment of Maps) of this title, B. Tentative and final tract and parcel maps for initial construction or conversion of existing structures for residential occupancy shall conform to the criteria and standards of TRIe 17 (Zoning) of the city's Municipal Code for the base zoning district in which it is located. C. All maps shall specifically provide for proper grading and erosion ORDINANCE NO. 320 Page 18 of 312 control, including the prevention of sedimentation or damage to off-site property. D. Each lot created by a map shall include a minimum contiguous lot area of three thousand (3,000) square feet or thirty-three percent (33%) of the minimum lot area required by the appropriate residential base zoning district standards, whichever is greater. For purposes of this section, setback areas required by the appropriate residential base zoning district standards, and areas with a slope of thirty- five percent (35%) or greater shall not be included in the computation of lot area for purposes of this subsection. A map creating lots which do not include the minimum lot area described above may be approved, if the map is filed in conjunction with a residential planned development permit, as described in Chapter 17.74 (Residential Planned Development Permit), and if the substandard lots will be owned in common by the owners of the residential planned development. E. No map shall be approved unless it complies with the Subdivision Map Act, this title and any other title of the municipal code, other applicable laws, and any all conditions or requirements imposed pursuant to the requirements thereof; except that when the failure of a map to so comply is the result of a technical or inadvertent error which, in the determination of the planning commission, does not materially affect the validity of the map, this provision may be waived. 16.Q4.05Q Consistengy i . Subdivision approvals under this chapter shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management flan (approved November 30, 1989), and any applicable amendments thereto, relating to siting and siting criteria for hazardous waste facilities. Nothing in this section shall limit either the authority of the city to attach appropriate conditions to any subdivision approval or the authority of the city to establish more stringent planning requirements or siting criteria than those specified in the county hazardous waste management plan. 16.x4..060, ertificatpof compliance. Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request a certificate of compliance to determine whether the real property complies with the provisions of the Subdivision Map Act and this title. Such certificate shall be issued and recorded pursuant to Government Code Section 66499.35. ORDINANCE NO. 320 Page 19 of 312 Chapter 16.0 . LOT LINE ADJ Us9TM ENTS aecti 16.08.016 Application--Submittal and review. 16.08.020 Appeals. �&,-08-01Q Annl.�ic_a_lig -- it#al and review. An application for a lot line adjustment shall be submitted to the director on such forms and with such attachments as may reasonably be required by the director. The director shall approve a lot line adjustment, providing the lot line adjustment complies with all applicable zoning and building codes of the city. 16-08,020 Ameals. A. In the event an applicant is aggrieved by any action taken by the director, the decision of the director may be appealed to the planning commission within fifteen (15) calendar days following the date that the notice of action is mailed by the director to the applicant. B. In the event an applicant is aggrieved with the action taken by the planning commission, the decision of the planning commission may be appealed to the city council within fifteen (15) calendar days following the date of the planning commission decision. ORDINANCE NO. 320 Page 20 of 312 Chapter' 16.12 EARCEL MAPS S%Ak 16.12.010 Pre-filing conference. 16.12.020 Tentative parcel map--Filing and review. 16.12.030 Content and form. 16.12.040 Expiration. 16.12.050 Final parcel map--Filing and review. 16.12.060 Waiver--Eligible subdivisions. 16.12.070 Waiver--Tentative parcel map required. 16.12.080 Waiver--Request form. 16.12.0 90 Waiver--Conditions. 16.12.100 Waiver--Required findings. 16.12.110 Waiver--Decision time limit. 16.12.120 Waiver--Certificate. 10,12.0.10 Pse_ filing conference. Prior to filing any tentative parcel map, the prospective subdivider shall, by appointment, meet with the director to disw";ss possible subdivision design, dedication requirements and any supplemental information the planning commission may require. 16.12.020 Tentative 12arcel a --F'l' vi -j- A. The subdivider shall file a tentative parcel map and all accompanying materials with the director. The director shall review the map and the accompanying materials and cause a report regarding the same to be forwarded to the planning commission and subdivider. B. The planning commission shall hold a public hearing on the tentative parcel map. Notice of the hearing shall be given pursuant to Section 66451.3 of the Subdivision Map Act. Notwithstanding the provisions of Section 66451.3, mailed notice shall be given to the subdivider and to all property owners within five hundred (500) feet of the proposed subdivision, no less than fifteen (15) calendar days prior to the hearing. C. Dedications and reservations of property and on-site and off-site improvements may be required by the planning commission as a condition of approval as authorized by the Subdivision Map Act and Chapter 16.20 (Dedications and Improvements) of this title. D. The planning commission shall review all materials submitted and shall either approve, conditionally approve, or disapprove the map within fifty (50) ORDINANCE NO. 320 Page 21 of 312 calendar days after the certification of the Environmental Impact Report, adoption of a Negative Declaration, or the determination that the project is exempt from the requirements of the California Environmental Quality Act (CEQA). This time limit may be extended by mutual consent of the subdivider and the director. Written notice of the decision of the planning commission shall be given to the subdivider. E. Any person aggrieved by a decision of the planning commission may appeal said decision to the city council in writing within ten (10) calendar days after said decision. A hearing before the city council shall be scheduled within thirty (30) calendar days after such an appeal. The city council may sustain, modify, reject, or overrule the planning commission decision. In any case, a decision must be rendered within ten (10) working days after the conclusion of the appeal hearing, or, if the council fails to act, the map shall be deemed to be approved. 16,.12,.030 Content andfam. The content and form of tentative and final parcel maps shall be governed by the requirements of the Subdivision Map Act and this title, and any map preparation requirements adopted by resolution of the city council. 16.12.040 Expiration. A. Approved or conditionally approved tentative parcel maps shall expire twenty-four(24) months after such approval or conditional approval. Upon application by the subdivider, fled with the director prior to the expiration of the tentative parcel map, the planning commission may extend the date on which the map expires. Each extension granted shall not exceed twelve (12) months and the total extension period shall not exceed three (3) years. B. Denial of an extension by the commission may be appealed in writing to the city council within fifteen (15) calendar days after such denial. The city council may sustain, modify, reject, or overrule the planning commission decision. In any case, a decision must be rendered within ten (10) working days after the conclusion of the appeal hearing, or if the council fails to act, the map extension shall be deemed to be approved. 16.12..4,5.0_.Ei._.nal parcel mag—Fina and review. A. A final parcel map prepared by or under the direction of a registered civil engineer or licensed surveyor, along with all necessary certificates and acknowledgments, must be submitted to the director before the expiration date of the approved or conditionally approved tentative parcel map. If required improvements and dedications are not completed, improvement and dedication agreements must be obtained before the final parcel map can be filed. B. t The final parcel map shall be consistent with all the conditions, restrictions, and corrections upon which the tentative parcel map was approved. Where possible, all conditions and restrictions shall be clearly and graphically denoted on the ORDINANCE NO. 320 Page 22 of 312 final parcel map. Where such conditions and/or restrictions cannot be graphically denoted, they shall be clearly and conspicuously written on the final parcel map. when a tentative parcel map is approved without conditions or corrections, the tentative parcel map may serve as the final parcel map. C. The director shall review-the final parcel map and, if found to be consistent with the requirements of the Subdivision Map Act and this title and the conditions, restrictions and corrections of the approved tentative parcel map, the director shall cause the same to be sent to the subdivider and the county recorder within twenty (20) working days after the time the final parcel map is submitted for approval; provided, however, that whenever dedications are required, the map shall instead be forwarded to the city council for acceptance of such dedications within the same twenty (20) day period. If the dedications are accepted by the city council, the final map shall be sent to the subdivider and the county recorder within fifteen (15) working days after such acceptance. .16.12.060 Waiver--Eliai_..ble s bdivlsion5. The following subdivisions may be eligible for a waiver of the requirement of a final parcel map: A. Subdivisions described by subsections (a) through (d) of Section 66426 of the Subdivision Map Act; B. Subdivisions creating four or fewer parcels. 16.12.070 Waiver--Tentative parcel mai _quir_e_d. A tentative parcel map must be fled with the director prior to initiating a request for a waiver of the final parcel map requirement. 16.1.2.080 Waiver--Requeat form. A request for a waiver shall be made in writing and shall be signed by all the owners of record of the proposed subdivision. The request shall describe the subdivision and each proposed parcel and identify the tentative parcel map of the subdivision which has already been filed with the director. The subdivider shall supply additional information when deemed necessary by the director. 16.12.090 YVaiYeL—Qonditions. A waiver request shall not be approved unless the subdivider completes or agrees to comply with any conditions of approval as if a final parcel map were to be filed. A waiver request shall not be approved if substantial improvements or dedications will be required, the subdivision will substantially affect the rights of surrounding property owners, or the subdivision may have a significant effect on the environment. 16.12.100V�,! -- Qquired fndinas. A waiver request shall not be approved unless: ORDINANCE NO. 320 Page 23 of 312 A. The planning commission approves or conditionally approves the tentative parcel map; B. The planning commission finds that the description of the subdivision in the waiver request conforms to the approved tentative parcel map; and C. The planning commission finds that the proposed subdivision complies with the requirements of the Subdivision Map Act and this title, including, but not limited to, requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection. 16,12.1 10 Vziyer--Decision lime l Mit. A waiver request shall be granted or denied by the director within sixty(60) calendar days after its filing and the subdivider shall be notified of the director's action in writing; provided, however, that this time limit may be extended by mutual agreement between the director and the subdivider. 1. .12.120 Waiver--Certificate. when a waiver is granted, the director shall cause a certificate of waiver to be filed with the county recorder within twenty (20) working days after the waiver is granted; provided, however, that whenever dedications are required, the certificate shall first be forwarded to the city council for acceptance of such dedications and the certificate of waiver shall be filed with the County Recorder fifteen (16) working days after acceptance of such dedications by the city council. The certificate shall state that the requirement of a parcel map has been waived and that the parcels comprising the subdivision may be sold, leased, financed or transferred in full compliance with the Subdivision Map Act and this title. Certificates and acknowl- edgments relating to dedications and improvements shall appear on the certificate of waiver whenever such certificates and acknowledgements would be required for a final parcel map pursuant to the Subdivision Map Act or this title. ORDINANCE NO. 320 Page 24 of 312 QhaDter.I6__.16 TRACT MAPS aegli : 16.16.010 Pre-filing conference. 16.16.020 Tentative tract map--Filing and review. 16.16.030 Content and form. 16.16.040 Expiration. 16.16.050 Final tract map--Filing and review. 16.16.010 Pr-e-Dina c ,nference. Prior to filing any tentative tract map, the prospective subdivider shall, by appointment, meet with the director to discuss possible subdivision design, dedication requirements and any supplemental information the planning commission may require. 15,16.020 Ientalive tract mo—Eilioa and review. A. The subdivider shall file a tentative tract map and all accompanying materials with the director. The planning commission shall review the map and the accompanying materials at a duly noticed public hearing pursuant to Section 66451.3 of the Subdivision Map Act. and cause a report regarding the same to be forwarded to the city council and subdivider. B. The city council shall hold a public hearing on the tentative tract map. Notice of the hearing shall be given pursuant to Section 66451.3 of the Subdivision Map Act. Notwithstanding the provisions of Section 66451.3, mailed notice of the hearing shall be given to the subdivider and all property owners within five hundred (500) feet of the proposed subdivision at least fifteen (15) calendar days prior to the hearing. C. The city council shall review all materials submitted and shall either approve, conditionally approve, or disapprove the tentative tract map within the time limits provided by law, unless a definite extension of time is mutually agreed upon by the city council and the subdivider. If the city council approves a tentative tract map, it must make affirmative findings supporting such approval. 16.1_6_.02Q Content and farm. The content and form of tentative and final tract maps shall be governed by the requirements of the Subdivision Map Act and this title, and the map preparation requirements adopted by resolution of the city council. 16 15,0#0 Exgiration. The approval, or approval subject to conditions, of a tentative tract map shall expire within twenty-four(24) months after such approval or ORDINANCE N4. 320 Page 25 of 312 conditional approval, except as provided in Section 66452.6 of the Subdivision Map Act. Prior to expiration of the approved or conditionally approved tentative map, the subdivider may apply to the city council for an extension. Each extension granted shall not exceed twelve (12) months and the total extension period shall not exceed five (5) years. 16,I-105Q_Final tract mai-:Eilin_a and review. A. A final tract map prepared by or under the direction of a registered civil engineer or licensed surveyor, along with all necessary certificates and acknowledgments, must be submitted to the director before the expiration date of the approved or conditionally approved tentative tract map. S. If required improvements and dedications are not completed, improvement and dedication agreements must be obtained before the final tract map can be filed. C. The final tract map shall be consistent with all the conditions, restrictions and corrections upon which the tentative map was approved. Where possible, all conditions and restrictions shall be clearly and graphically denoted on the final tract map. Where such conditions or restrictions cannot be graphically denoted, they shall be clearly and conspicuously written on the final tract map. D. The director shall review the final tract map and cause a report to be transmitted to the city council regarding same within twenty (20) days after the final map is submitted. At the time the city council approves the final tract map, it shall also accept as submitted, accept subject to improvement, or reject any offer of dedication pursuant to section 66477.1 of the Subdivision Map Act. ORDINANCE NO. 320 Page 26 of 312 Qbagter 16.20 CEDICATIONS AND_I,MPROVEMENTS $ . 16.20.010 Applicability. 16.20.020 Public streets, highways, alleys and easements. 16.20.030 Private streets, alleys or ways. 16.20.040 Utility easements. 16.20.050 Drainage easements. 16.20.060 School sites. 16.20.070 Public facilities. 16.20.080 Supplemental size of improvements. 16.20.090 Off-site improvements. 16.20.100 Park and recreation dedications and fees. 16.20.110 Standards. 16.20.120 Soils/Geology report. 16.20.130 Monuments. 16.20.140 Improvement agreement. 16.20.150 Improvement bonds. 16.20.160 Faithful performance bond - monuments. 16.20.170 Surety company requirements 16.20.180 Cash deposits and negotiable bonds. 16.20.190 Improvement security- release. 16.21010 Applicability. The standards and requirements of this chapter shall apply to all final tract and parcel maps. Additional requirements may be added by either the director, city council, planning commission or the city engineer. Exemption from these requirements may be granted by the director or by such person or agency prescribed in this chapter. 16-20.020 Eublic,&eets. hi-ahways, alleys and easements. A. All streets, highways, alleys, ways, easements, rights-of-way, and parcels of land shown on the final tract map or parcel map and intended for public use shall be offered for dedication for public use by appropriate certificate on the title page. All irrevocable offers of dedication shall also be shown by appropriate certificate on the title page. B. I When vehicular access rights from any lot or parcel to any highway or street are restricted, such rights shall be offered for dedication to the city by the appropriate certificate on the title sheet, and a note stating 'VEHICULAR ACCESS ORDINANCE NO. 320 Page 27 of 312 RIGHTS DEDICATED TO THE CITY OF RANCHO PALOS VERDES" shall be lettered along the highway or street adjacent to the lots or parcels affected on the final map. C. All streets, highways, alleys, ways, easements, rights-of-way, and parcels of land offered for dedication shall be developed and improved to the standards of the city. 16.20.030 Private streets alleys or wava. A. Private streets, alleys or ways will be permitted only when the welfare of the occupants of the subdivision will be better served and the public's welfare will not be adversely affected. Such private streets, alleys, or ways shall not be offered for dedication and shall be shown on the final tract or parcel map as part of adjacent parcel(s) or property of the homeowners' association, with a note on the map as to the purpose. B. All such access ways shall be governed by maintenance agreements. Said agreements shall be approved by the city and made a part of the property deeds. 16.20.Q.4Q_!Jtility easements. Any public or private utility easements required by the various utilities or the city shall be shown on the final tract map or parcel map and dedicated to the appropriate agency by separate document. 16.20.050_Drainaae easements. A. When storm drains are necessary for the general use of lot or parcel owners in the subdivision and such storm drains are not to be installed in the public streets, alleys, or ways of such subdivision, then the subdivider shall offer to dedicate upon the final tract or parcel map thereof, the necessary rights-of-way for such facilities. B. When the property being subdivided or any portion thereof is so situated as to be in the path of the natural drainage from adjoining unsubdivided property, and no street, alley, or way within the subdivision is planned to provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of-way adequate to provide in the future for the ultimate drainage of the adjoining property. C. The subdivider shall be responsible for mitigating any impacts caused by drainage flowing from the property being subdivided to any adjacent property. 16.20_.00 School sites. Pursuant to Section 66478 of the Subdivision Map Act, the city may require any subdivider who develops or completes the development of one or more subdivisions in the city, to dedicate to the school district such land as the city council deems to b6 necessary, for the purpose of constructing thereon, such elementary schools as are necessary to ensure adequate public school service to the residents of the subdivision. ORDINANCE NO. 320 Page 28 of 312 16,2,0.070, Public facilities. The city may require that areas of real property within the subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses subject to the provisions of Section 66479 of the Subdivision Map Act. 16.20.QQO Suggipmental size of improvements. Pursuant to Sections 66485 and 66486 of the Subdivision Map Act, the city may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision, and that these improvements be dedicated to the public, 1,6.20.,Q90 Off-site im- gygmentg. Pursuant to the provisions of Section 66411.1 of the Subdivision Map Act, the city may require dedication of rights-of-way, easements, and construction of reasonable off-site and on-site improvements for the parcels being created. 16..20.100 Park and Eggreation dedications and fees. A. intent. This chapter is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The provisions of this chapter shall not apply to any subdivisions exempted from dedication requirements by Section 66477 of the Subdivision Map Act. B. Requirements. As a condition of approval of a tentative tract or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the city, for park and recreational purposes at the time and according to the standards and formulas contained in this chapter. C. General Standard. it is found and determined that the public interest, convenience, health, welfare and safety require that four (4) acres of property for each one thousand (1,000) persons residing within this city be devoted to local park and recreational purposes. D. Formula for Dedication of Land. Where a park or recreational facility has been designated under the "Recreational Activity," section of the "Urban Environment Element" of the city's general plan, and is to be located, in whole or in part, within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula: Amount of Parkland Number of land to be = Acreage x lots to be provided per DU created Parkland Average Acreage = Density 1.000 o_ uullalign ORDINANCE NO. 320 Page 29 of 312 per DU per DU park acreage standard The following table of population density is to be followed: Density of Dwellina Ayeraae DensityJDU Parklnd Acreage_ Less than 6.1 DU/ac. 3.5 .0140 6.1 or more DU/ac. 2.8 .0112 DU = Dwelling unit ac. = Acre Park acreage standard = 4 acres of property The amount of land to be provided shall be the parkland acreage per dwelling unit applied to the number of parcels (dwelling units)that will be created through the subject subdivision. In the event that a parcel is created where there is an existing dwelling unit, and the dwelling unit will remain on the newly created parcel, said parcel shall be exempt from the parkland acreage calculation. Dedication of the land shall be made in accordance with the procedures contained in subsection J of this section. E.. Formula for Fees in Lieu of Land Dedication. 1. General Formula. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section. 2. Fees in Lieu of Land. If the proposed subdivision is exempt under Government Code Section 66477 from dedication requirements but is subject to the requirement of fees in lieu of land or if the city council elects to require a fee in lieu of dedication, the subdivider shall pay a fee equal to the value of the land prescribed for dedication in subsection D of this section and in an amount determined in accordance with the provisions of subsection G of this section. 3. Use of Money. The money collected under this section shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, including the purchase of necessary land and the improvement of such land for park or recreational purposes. F. Criteria for Requiring Both Dedication and Fee. The city may require the subdivider to both dedicate land and pay a fee in lieu thereof in accordance with the following formula: 1. When only a portion of the land to be subdivided is proposed in the general plan as the site for a local park, such portion shall be dedicated for local ORDINANCE NO. 320 Page 30 of 312 park purposes, and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D of this section. 2. When a major part of the local park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated for local park purposes, and a fee computed pursuant to the provisions of subsection E of this section shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D of this section. G. Amount of Fee in Lieu of Land Dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection D of this section. The fee shall be paid pursuant to the provisions contained in subsection J of this section. The"fair market value" of the land at the time of filing the tentative tract or parcel map shall be determined by the city council using one of the of the following methods: 1. The assessed market valuation established by the Los Angeles County Tax Assessor, if the land has been assessed within the last calendar year. 2. The sale price of the land, if the land has been sold within the past five (5) years, plus the inflation rate established by the Consumer Price Index 1C.P.I.) for each year subsequent to the sale, plus any contingencies established at the sale which would increase the market value. Documentation of the price established in escrow and the escrow instructions which would affect the final sale price, if any, shall be submitted to the director by the developer. 3. The sale price of comparable properties in the area, taken from transactions that have completed escrow within the previous year. 4. An appraisal performed by a Member of the Appraisal Institute (M.A.I.) appraiser, to be paid by the developer, if none of the above methods are applicable. H. Determination of Land or Fee. The city council shall determine whether land dedication, the payment of a fee in lieu thereof, or a combination of both, shall be required. Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: 1. Recreational element of the city's general plan; 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 4. The feasibility of dedication; 5. Availability of previously acquired park property. Only the payment of fees shall be required in subdivisions containing 50 parcels or less, or in ORDINANCE NO. 320 Page 31 of 312 condominium projects, stock cooperative projects, or community apartment projects containing 50 dwelling units or less. The determination of the city council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. I. Credit for Private Open Space. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%) of the total land dedication required by this section, may be given against the requirement of land dedication or payment of fees in lieu thereof, if the city council finds that it is in the public interest to do so and that all the following standards are met: 1. That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; 2. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; and 3. That the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city council or its successor; 4. . That the proposed private open space is reasonably adaptable for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan. Before credit is given, the city council shall make written findings that the above standards are met. J. Procedure. 1. At the time of approval of the tentative tract or parcel map, the city council upon the recommendation of the planning commission, shall determine pursuant to subsection H of this section, the land to be dedicated and/or fees to be paid by the subdivider. 2. At the time of the filing of the final tract or parcel map, the subdivider shall dedicate the land or pay the fees as previously determined by the city council. 3. Open space covenants for private park or recreational facilities shall be submitted to the city council prior to approval of the final tract or parcel map and shall be recorded contemporaneously with the final tract or parcel map. 16 20.110 Standards. Standards for design and improvement of subdivisions shall be in accordance with the applicable sections of this title and Title 17, the general ORDINANCE NO. 320 Page 32 of 312 plan, and any specific plans adopted by the city council. 16.20.120 soils/Quay report. A. The applicant shall submit a preliminary soils and/or geology report, prepared by a civil engineer and/or geologist, registered in the state, based upon adequate test borings, for every subdivision for which a final tract or parcel map is required. The preliminary soils and/or geology report shall be submitted to the city engineer for review. The city engineer may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory.. The preliminary soils and/or geology report may be waived if the city engineer finds that sufficient knowledge exists as to the soils qualities of the soils of the subdivision. B. In the event the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, a soils investigation of each lot or parcel in the subdivision shall be required and must be performed by a civil engineer registered in the state who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists. C. In the event the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot or parcel in the. subdivision shall be required and must be performed by a civil engineer registered in the state who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists. D. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended action is likely to prevent structural damage to each structure to be constructed and that the issuance of any building permit shall be conditioned to include this recommended action in connection with the construction of each structure involved. E. A note shall be placed on the final map stating that a geology and/or soils report has been prepared in conjunction with the subdivision, or stating that the geological and/or soils report has been waived pursuant to subsection A of this section. 16.20.130 Monuments. At the time of making the survey for all final maps, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Subdivision Map Act and shall set the following additional monuments: A. Exterior Boundary Monuments. Prior to recording the final map, the exterior boundary of land being subdivided shall be adequately monumented. Boundary monumelnts shall be durable monuments of not less than two-inch iron pipe, at least eighteen (18) inches long, set in concrete at each boundary corner. B. Interior Monuments. ORDINANCE NO. 320 Page 33 of 312 1. Parcel lot corners shall be monumented with not less than one-half-inch iron pipe. In condominium-type projects where walls or structures define the parcel lines, no corner monuments need be set. 2. Additional interior monumentation shall be indicated on the back edge of the adjacent sidewalk by scored line in the fresh concrete. 3. Centerline monuments shall be set at the intersections, streets, alleys and ways, the beginning and ends of curves, and the points of intersections of tangents, when such points fall within the paved roadway. Monuments shall be spikes not less than eight (8) inches long. 4. All monuments set as required in this section shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. 1. 6.20,140, Improvement aargement. Prior to the approval by the city council of the final map, the subdivider shall execute and file an agreement with the city specifying the period within which improvement work shall be completed to the satisfaction of the city engineer, and providing that if the subdivider fails to complete the work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. This agreement shall also provide for inspection of all improvements by the city engineer and reimbursement to the city for the cost of such inspection by the subdivider. Such agreement may also provide: A. For the construction of the improvements in units; B. For an extension of time under conditions therein specified; C. For the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the city engineer to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider; and D. For progress payments to the subdivider, or his or her designee from any deposit money which the subdivider may have made in lieu of providing a surety bond; provided that no such progress payment shall be made for more than ninety percent (90%) of the value of any installment of work; and provided further, that each such installment of work shall be completed to the satisfaction of the city engineer. 16_202150 Imurovement bonds. To guarantee the performance of any action or agreement with regard to the proposed subdivision, security shall be furnished in the following amounts: A. An amount determined by the city engineer to be one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement; B. An additional amount determined by the city engineer, not less than fifty percent (50%)?hor' more than one hundred percent(100%) of the total estimated cost of the improvement or the performance of the required act; plus C. An amount determined by the city engineer necessary for the ORDINANCE NO. 320 Page 34 of 312 guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. 16.20,160_Faitbful,i2erfornmce bond—Monumenta. The monumentation agreements shall be accompanied by a faithful performance bond in a sum equal to the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes. 16.20.1ZQ Surety company.re All faithful performance bonds referred to in Sections 16.20.150 and 16.20.160 of this chapter shall be furnished by a surety company rated A or AA and admitted in the State of California and shall be subject to the approval and acceptance by the city attorney and city council. 16. 0.180 Qash deposits and negotiable bon s. In lieu of any faithful performance bond required by Sections 16.20.150 and 16.20.160 of this chapter, the subdivider may deposit with the city a sum of money or negotiable bonds equal to the required amount of such bond or security for the faithful performance thereof. 10.M.190 Improvement security,---Release. The improvement security required under this chapter shall be released in the following manner: A. Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work, subject to the provisions of subsection B of this section; B. The city council, upon recommendation of the city engineer, may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses, if application is made by the subdivider; provided, however, that no such release shall be for an amount more than seventy-five percent (75%) of the total improvement security given for faithful performance of the act or work, until final completion and acceptance of the act or work. In no event shall the city council authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Subdivision Map Act, or any improvement agreement. The city council may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with such rules as it may prescribe. ORDINANCE NO. 320 Page 35 of 312 Qbai2ter 16.24 VESTING JENMIVE MAPS Section,q: 16.24.010 Purpose and intent. 16.24.020 Consistency requirement. 16.24.030 Application. 16.24.040 Filing and processing. 16.24.050 Fees. 16.24.060 Condition precedent to approval. 16.24.070 Expiration. 16.24.080 Vested rights created by approval of vesting tentative map. 16.24.090 Amendment to vesting tentative map. 16.24.100 Applications inconsistent with established policies. 16.24.110 Subsequent permits, licenses, and other entitlements for use. 16.,24.010 Purpose and.inteen#. The purpose of this chapter is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the provisions of this title shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code. 1Q.24.Q,20 Consistency [equi[ement. A vesting tentative map shall be consistent with the general plan, any applicable specific plan, the zoning ordinance, and any other applicable provision of this municipal code in effect at the time the map is approved or conditionally approved. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance, the city council may approve the map conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.24.080(A) of this chapter, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved, for the time periods set forth in Section 16.24.080(C) of this chapter. ORDINANCE NO. 320 Page 36 of 312 16.24.030 Agl2lication. A. Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative tract or parcel map, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter. B. If a subdivider does not seek the rights conferred by Chapter 4.5 of Division 2 of Title 7 of the Government Code and this chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. '16.,24.040. Effina andprocessing. A vesting tentative map shall be filed in the same form, have the same contents, provide the same information and shall be pro- cessed in the same manner as set forth in this title for a tentative map except as hereinafter provided: A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map." B. The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including but not limited to the height, size and location of all buildings and other improvements. C. A vesting tentative map shall not be accepted for filing unless all other discretionary land approval applications, except for a site plan review application, are filed concurrently with such map. D. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time of filing, such inconsistency shall be noted on the map. 16.24.050 . Upon ding a vesting tentative map, the subdivider shall pay the fees as established by city council resolution. 16.24.06Q._.Q ' ' n p�-ecedent,to app,[oval. A vesting tentative map shall not be approved unless all other discretionary land approvals required for the proposed devel- opment have been obtained, except for a site plan review application. 16.24.070 Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by section 16.16.040 of this title, for the expiration of the approval or conditional approval of a tentative map. 16.24,080-.Yeated dahts-created by_agproval of jestina tentative mag. ORDINANCE NO. 320 Page 37 of 312 A. Subject to the time limits established by subsection C of this section, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. If Section 66474.2 of the Government Code is repealed, however, the approval or condi- tional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. B. Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement may be made conditional or denied even though such action may be contrary to the ordinances, policies, and standards described in subsection A if any of the following are determined: 1. A 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 both. 2. The condition or denial is required in order to comply with state or federal law. C. The rights referred to in subsection A of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.24.070 of this chapter. If the final map has timely approval, such rights shall exist for the following periods of time: 1. An initial time period of one year after the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. 2. The initial time period set forth in subdivision 1 of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for site plan review, if such processing exceeds thirty (30) days after the date a complete application is filed. 3. The subdivider may apply to the city council for a one-year extension at any time before the expiration of the initial time period set forth in subdivision 1 of this subsection. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof granted pursuant to Section 16.16.040 of this title. D. Consistent with subsection A of this section, an approved or conditionally approved vesting tentative map shall not limit the imposition of reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Government Code Section 66412. 16.24.020_Amendment to ves=a tentativemap. If the ordinances, policies and ORDINANCE NO. 320 Page 38 of 312 standards described in Government Code Section 66472 are changed subsequent to the approval or conditional approval of a vesting map, the subdivider, or his or her assignee, at any time prior to the expiration of a vesting tentative map, may apply for an amendment to such map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought. A public hearing shall be held by the planning commission pursuant to Section 16.16 .020 (Tract Maps) of this title, on any amendment involving a substantial modification to the subject subdivision or development related thereto. After such public hearing, the planning commission shall make a recommendation to the city council on the proposed amendment. The city council, after a public hearing, may approve, conditionally approve or disapprove the proposed amendment. .1 6,2A.1 OQ 8pplications inconsistent mlith estatlished ' ' . Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in Section 16.24.080(A) of this chapter, and the city council may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law. 16,24.110 Subspquent germits, licenses, and other entitlements for use. The provisions of this chapter shall not be construed to prevent the city council from conditionally approving or denying any permit, license, or other entitlement for which is applied for by the subdivider after the approval of a vesting tentative map provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in Section 16.24.080(A) of this chapter. ORDINANCE NO. 320 Page 39 of 312 Chap. CORRECTIOlAND AMENDMENT QE MAPS ,9..Qi 16.28.010 Requirements. 16.28.020 Form and contents. 16.28.030 Submittal and approval by city engineer. 16.28.040 Filing with county recorder. 16.28.E u, irements. After a final tract or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map for any of the following reasons: A. To correct an error in any course or distance shown thereon; B. To show any course or distance that was omitted therefrom; C. To correct an error in the description of the real property shown on the map; D. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments; E. To show the proper location of any monument which has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; F. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. As used in this section, the term "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final tract or parcel map; or G. To make modifications when there are changes in circumstances which make any of the conditions of the map no longer appropriate or necessary and which modifications do not impose any additional burden on the present fee owner of the property, and which modifications do not alter any right, title or interest in the real property reflected on the recorded map. A request for modification under this subsection shall be set for public hearing by the planning commission in accordance with the hearing notice requirements prescribed in Section 16.12.020(B) (Parcel Maps) of this title. Notwithstanding the provisions of Section 16.12.020(B) (Parcel Maps), notice shall be given to all owners within five hundred (500) feet of the property that is the subject of the map amendment and to all owners of record within the subject map. A decision of the planning commission under this subsection may be appealed to the city council pursuant to the appeal process prescribed in Section 16.12.020(E) (Parcel Maps) of this title. The city council shall set a public hearing to hear the appeal in ORDINANCE NO. 320 Page 40 of 312 accordance with the noticing procedures prescribed above for the planning commission. The city council and/or planning commission shall confine the hearing to consideration of, and action on, the proposed modification(s). 16.28.020 Form and contents. The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and content of the amending map shall conform to the requirements of Section 16.16.030 (Tract Maps) of this title for a final tract map and Section 16.12.030 (Parcel Maps) of this title for a final parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the correction. 16.28.030 Submittal and garoval by cj,ty,�.�.g eer. The amending map or certificate of correction, complete as to final form, shall be submitted to the city engineer for review and approval. The city engineer shall examine the amending map or certificate of correction and if the only changes made are those permitted by Section 16.28.010 of this chapter, the city engineer shall certify that fact on the amending map or certificate of correction. The city engineer shall examine each certificate of correction for compliance with the provisions of this chapter and the Subdivision Map Act, endorse a statement on it of his or her examination and certification, and present it to the county recorder for recordation within twenty (20) working days after its submittal. If the submitted certificate fails to comply with the provisions of this chapter or the Subdivision Map Act, the city engineer shall return it within the same twenty (20) working days to the person who presented it, together with a written statement of the changes necessary to make it conform to the requirements of this chapter or the Subdivision Map Act. The licensed land surveyor or registered civil engineer submitting the certificate of correction may then make the necessary changes and resubmit the certificate of correction to the city engineer for approval. If the resubmitted certificate is approved, the city engineer shall present it to the county recorder for recordation within ten (10)working days. 16.28.040 Ei gi h.rQuply recorder. The amending map or certificate of correction certified by the city engineer shall be filed in the office of the county recorder. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. ORDINANCE NO. 320 Page 41 of 312 Cha tomer 1,6.32 REVERSIONS TO ACREAGE AND MERGERs5 Secti 16.32.010 Reversions to acreage. 16.32.020 Merger of contiguous parcels. 16.32.030 Merger of contiguous parcels--Conditions. 16.32.040 Merger of contiguous parcels--Notice of intent. 16.32.050 Merger of contiguous parcels--Hearing. 16.32.060 Merger of contiguous parcels--Determination of merger. 16.32.070 Merger of contiguous parcels--Determination of non-merger. 16.32.080 Merger of contiguous parcels--Appeal. 16.32.090 Merger of contiguous parcels--Request by property owner. 16.32.010 Reversions to ag[eaae. The owners of subdivided property may initiate proceedings for reversion to acreage by filing a petition with the director. Proceedings shall be undertaken pursuant to Government Code 66499.11 fie,. Subdivided property consisting of four or less contiguous parcels under the same ownership may also be reverted to acreage through the filing of a parcel map in accordance with Government Code Section 66499.20 114. 16.32.Q20 g_pgof„cont ougua gar_cels. Subdivided property consisting of contiguous parcels under common ownership may be merged without reverting to acreage by following the procedures set forth in this chapter. 16,32.Q30 ger of contiauous parcela--Conditions. A. Two (2) or more contiguous parcels or units held by the same owner shall be considered as merged if one (1) of the parcels or units does not conform to the minimum parcel or lot size required by Title 17 (Zoning) of the city's municipal code, and if all of the following requirements are satisfied: 1. At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, oris developed with a single structure, other than an ORDINANCE NO. 320 Page 42 of 312 accessory structure, that is also partially sited on a contiguous parcel or unit; and 2. With respect to any affected parcel, one (1) or more of the following conditions exists: a. Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger; b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; C. Does not meet current standards for sewage disposal and domestic water supply; d. Does not meet slope stability standards; e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; f. Its development would create health or safety hazards; or g. Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards. B. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this chapter. C. Subsection A.2 of this section shall not apply if any of the conditions stated in section 66451.11(b)(A),(B),(C),(D) or(E) of the Subdivision Map Act exist. 16. Merge[of contiauous arcels,-Notice of intent. A. Prior to recording a Notice of Merger, the director shall mail, by certified mail, a Notice of Intention to Determine Status to the current owner of the property on record. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within thirty (30) calendar days after the date the Notice of Intention is recorded, the owner may request a hearing before the planning commission to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for recordation with the county recorder on the same day that the notice is mailed to the property owner. B. If the owner does not file a request for a hearing within thirty (30) calendar days after the recording of the Notice of Intention to Determine Status, the planning commission may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed for recordation with the county recorder within ninety (90) calendar days after the mailing of the Notice of Intention to Determine Status. 16.32.050 Meraer of contiguou_s_parcels--Hearina. ORDINANCE NO. 320 Page 43 of 312 A. The owner of the affected property may file a written request for a hearing with the director within thirty (30) calendar days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, the director shall set a time, date and place for a hearing before the planning commission and notify the owner by certified mail. The hearing shall be conducted within sixty (60) calendar days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the planning commission and the property owner. Q. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter. C. At the conclusion of the hearing, the planning commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The Notice of Determination shall be mailed to the property owner within five (5) calendar days after the date of the hearing. 16.32.06Q Meraer of gQntiauou� 12arcels--Determination . If the planning commission makes a determination that the parcels are to be merged, a Notice of Merger shall be recorded with the county recorder within thirty (30) calendar days after the conclusion of the hearing, unless the decision has been appealed pursuant to Section 16.32.080 of this chapter. The Notice of Merger shall specify the name of the owner of record and a description of the property. The Notice of Merger r under this chapter shall be approved by the city engineer.prior to being filed by the city clerk for recordation with the county recorder. 1 --Determination gf non-meraer. If the planning commission makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be recorded with the county recorder within thirty (30) calendar days after the planning commission determination, and a clearance letter shall be mailed to the owner by the director. 16.32.080 Meraer of contiauou_s_parcels--Aooea_l. The owner of a merged parcel may appeal a determination by the planning commission in writing to the city council within fifteen (15) calendar days after receiving notice of the planning commission's decision. if, after hearing, the city council grants the appeal and determines that the . ' affected property has not been merged pursuant to this chapter, the director shall, within thirty (30) calendar days after the city council determination, file for recordation with the county recorder a release of the Notice of Intention to Determine Status and mail a_clearance letter to the owner. If, after hearing, the city council denies the appeal, a Notice of Merger shall be recorded with the county recorder within thirty (30) calendar days after the denial. -- If the merger of contiguous parcels or units is initiated by the ownerof record, the owner may, ORDINANCE Na. 320 Page 44 of 312 in writing, waive the right to a hearing before the planning commission and to all notices required by this chapter. Upon receipt of such waiver, the director shall simultaneously file for recordation with the county recorder, a Notice of Intention to Determine Status, the Waiver of Right of Hearing and Notice, and a Notice of Merger. ORDINANCE NO. 320 Page 45 of 312 ARTICLE 1. RESIDENTIAL DISTRICTS Chapter 17.02 SINGLE-FAMILY( RESIDENTIAL (RS) DISTRICTS s9ecti . ' 17.02.010 Purpose. 17.02.020 Uses and development permitted. 17.02.025 Uses and development permitted with a conditional use permit. 17.02.030 Development standards. 17.02.040 View preservation and restoration. 17.02.010 eu[ggse. The purpose of the single-family residential district (RS) is to provide for individual homes on separate lots, each for the occupancy of one family, at various minimum lot sizes, to provide for a range of yard and lot sizes which are based on the general plan of the City, and to provide for other uses that are associated and compatible with residential uses designated in this title. 17.02.QQ Uses and deyelopm_g0t germitted. Only the following uses and developments may be conducted or constructed: A. Single-family residential buildings, mobile homes on city approved foundations, as provided in California Government Code Sections 65852.3 and 65852.4 and associated accessory structures for the residential use and occupancy of not more than one family and not more than one dwelling unit per lot, with the exception of second units approved pursuant to Chapter 17.10 (Second Unit Development Standards); B. Home occupations pursuant to Chapter 17.08 (Home Occupations); C. Private outdoor recreational uses, such as tennis courts, swimming pools and basketball courts, which are incidental to the residential use of the property; D. Residential planned development (RPD), pursuant to Chapter 17.42 (Residential Planned Development); E. The keeping of animals customarily referred to as household pets and small domestic animals for noncommercial purposes; F. The keeping of large domestic animals, pursuant to Chapter 17.46 (Large Domestic Animal Overlay District); G. '' The keeping of a maximum of five (5) bee hives for noncommercial purposes, except for the RS-A-5 Residential Zoning District, where a maximum of ten (10) bee hives may be kept upon approval by the director of a site plan ORDINANCE NO. 320 Page 46 of 312 review application, which shall be appealable to the Planning Commission pursuant'to chapter 17.80 (Hearing Notice and Appeal Procedure); H. The growing of crops and/or fruits on one acre or less for noncommercial purposes; I. Flower and produce stands, wholesale plant nurseries, horse stables and similar commercial/agricultural uses, only with approval of a conditional use permit, pursuant to Chapter 17.60 (Conditional Use Permits); J. Small family day care; K. Temporary special uses and developments,eif a Special Use Permit is first obtained, pursuant to Chapter 17.62 (Special Use Permits); L. Commercial filming or photography, if a City Film Permit is first obtained, pursuant to Chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code; M. Any other use which specifically is required to be permitted in a single family residential district by state or federal law; and N. Other uses as provided in any applicable overlay or special district. 17.02.Q25 Uses alid develogment permitted by Conditioj]al Uae . only the following uses and developments may be conducted or constructed with approval of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits): A. The growing of crops and/or fruits on more than one (1) acre or for commercial purposes; B. Bed and breakfast inns; C. Residential care facilities involving seven (7) or more patients; D. Large family day care, pursuant to section 17.76.070 (Large Family Day Care Home Permit); E Commercial antennas, pursuant to section 17.76.020 (Antennas and Satellite Dishes); F. Golf courses, driving ranges, and related ancillary uses; G. Government facilities; H. Private educational uses, not including nursery schools and day nurseries; 1. Public utility structures; J. Outdoor active recreational uses and facilities; and K. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be dppealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program. ORDINANCE NO. 320 Page 47 of 312 17.02.030 Development standg_ds. A. Single-Family Residential Development Standards Chart. The property development standards contained in "Table 02-A, Single-Family Residential Development Standards", shall apply to all land and structures in the RS districts. For exceptions and explanatory description of these standards; for standards of fences, walls and signs; and for off-site improvement and dedication requirements, see Article VI (Use and Development Standards) and Article VII (Development Application and Review) of this title. A zoning designation followed by (RPD) indicates that a residential planned development is required; see Chapter 17.42 (Residential Planned Development). The number which follows an "RS" designation indicates the maximum number of lots per acre permitted in the zone; the number which follows an "RS-A" designation indicates the minimum number of acres per lot permitted in the zone. B. Parking/driveway standards. 1. A minimum of two (2) enclosed parking spaces shall be provided and maintained in a garage on the property of each single family dwelling unit containing less than five-thousand (5,000) square feet of habitable space, as determined by the director. 2. A minimum of three (3) enclosed parking spaces shall be provided and maintained in a garage on the property of each single family dwelling unit containing five-thousand (5,000) square feet or more of habitable space, as determined by the director. 3. In addition to the parking requirements for the primary single family residence on a property, parking for City approved second units shall be provided in accordance with Chapter 17.10 (Second Unit Development Standards). 4. An enclosed parking space shall have an unobstructed ground space of no less than nine (9) feet in width by twenty (20) feet in depth, with a minimum of seven (7) feet of vertical clearance over the space. 5. The following minimum driveway widths and turning radii shall be provided for all driveways leading from the street of access to a garage or other parking area on a residential parcel: a. A driveway shall be a minimum width of ten (10) feet; and b. A paved twenty-five (25) foot turning radius shall be provided between the garage or other parking area and the street of access for driveways which have an average slope of ten percent(10%) or more, or which are fifty (50) feet or more in length. 0. Driveways shall take into account the driveway standards required by the Department of Public Works for driveway entrances located in the public right-of-way. 7. All driveways shall be built and maintained in accordance with the specificatibns of the Los Angeles County Fire Department. If there is any inconsistency between the standards imposed by this Chapter and the standards imposed by the Los Angeles County Fire Department, the stricter shall apply. ORDINANCE NO. 320 Page 48 of 312 CbgQter 17.04 MULTIPLE-,EA. ILY.RESIDENTIAL (RM) QISTRIQT5S aecti 17.04.010 Purpose. 17.04.020 Uses and development permitted. 17.04.030 Uses and development permitted by Conditional Use Permit. 17.04.040 Development standards. ,IT04.01 Q Purlose. The purpose of the multiple-family residential districts (RM) is to provide for residential structures on lots containing one or more dwelling units at various densities which are consistent with the general plan of the city, and to provide for other uses that are associated and compatible with the residential uses. 17.04.020 ,,Uses and,d,eeent prmi_. Only the following uses and developments may be conducted or constructed: A. Single-family and multiple-family residential and associated accessory structures for the residential use and occupancy of not more than one family per dwelling unit and related recreational and community facilities for the use of the residents of the development. All new multiple-family developments may be permitted only with the approval of a residential planned development permit pursuant to Chapter 17.74 (Residential Planned Development Permit); B. Private outdoor recreational facilities, such as tennis courts, swimming pools and basketball courts, which are incidental to the residential use of the property; C. Large family day care, if a Large Family Day Care Permit is first obtained, pursuant to Section 17.76.070 (Large Family Day Care Home Permit); D. Home occupations pursuant to Chapter 17.08 (Home Occupations); E. The keeping of animals customarily referred to as household pets and small domestic animals for noncommercial purposes. F. Temporary special uses and developments, if a Special Use Permit is first obtained, pursuant to Chapter 17.62 (Special Use Permits); G. Commercial filming or photography, if a City Film Permit is first obtained, pursuant to Chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code; and ORDINANCE NO. 320 Page 49 of 312 H. Other uses as provided in any applicable overlay or special districts. 17-04,Q3Q Lkes and dev!alol2ment pe[mijjed by.Cgoditionat . . only the following uses and developments may be conducted or constructed with approval of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits): A. Condominium, stock cooperative and similar developments where the structure and/or lot is divided for sale, or where exclusive use of a unit is granted to an individual or individuals upon purchase of stock; B. Minor commercial uses, provided that such commercial uses are clearly incidental and auxiliary to the development, and are designed for the sole use of the residents of the development; C. Mobile home parks, with the following provisions; 1. Mobile home parks shall be a minimum area of ten (10) acres; 2. The lot area per mobile home or mobile home space shall not be less than four thousand (4,000)square feet; 3. Mobile homes shall conform to setback and open space area standards for the district in which they are located; 4. There shall be a distance of not less than fifteen (15) feet between mobile homes; 5. Mobile home parks shall provide a minimum of two (2), non- tandem parking spaces per mobile home site; 6. One storage space shall be provided for recreational vehicles per every five (5) mobile home sites. Such storage space shall not be tandem to the parking spaces required in subsection 17.04.030(0)(5) of this chapter. D. Residential Care Facilities involving seven (7) or more patients; E. The growing of crops and/or fruits on more than one (1) acre or for commercial purposes; F. Bed and breakfast inns; G. Commercial antennas, pursuant to section 17.76.020 (Antennas and Satellite Dishes); H. Golf courses, driving ranges, and related ancillary uses; 1. Government facilities; J. Public utility structures; K. Outdoor active recreational uses and facilities; and L. Such uses as the planning commission deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Section 17.80.050(Hearing Notice of Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a ORDINANCE NO. 320 Page 50 of 312 determination that the uses are similar and compatible with the local coastal program. 17.04.040_Develgl2ment standards. The following development standards, including the standards contained in "Table 04-A: Multiple-family Residential Development Standards", shall apply to all land and structures in the RM districts. For exceptions and explanatory description of these standards; for standards of fences, walls, and signs; and for off-site improvement and dedication requirements, see Article VI (Use and Development Standards) and Article Vlll (Development Application and Review) of this title. The number which follows an "RM"designation indicates the maximum number of units which may be allowed per acre in that district. A. The following minimum distances between exterior walls on buildings used for residential occupancy on the same lot in an RM district shall apply: 1. Where there are wall openings (windows and/or doors) on adjacent walls of two buildings or wings of the same building which result in opposite walls into a space, such buildings or wings of a building shall be separated by a distance of not less than thirty (30)feet. 2. Where there are no wall openings or wall openings only on one adjacent wall of a building or wing, such buildings or wings of a building shall be separated by a distance of not less than ten (10) feet. 3. Where adjacent buildings or wings exceed thirty (30) feet in height, the space between such buildings or wings shall be increased by two and one-half(2 1/2) feet for each ten (10)feet in height. 4. Eaves and other projections from the exterior wall shall not exceed one-third (1/3) of the height of the exterior wall; however, in no case may two (2) eaves or other projections be closer than ten (10)feet. B. State development standards for the handicapped shall apply to all multiple-family residential uses in RM districts. C. For additional development standards for all multiple-family residential structures, see Chapter 17.06 (Attached Unit Development Standards). D. Private Open Space. As part of the open space area required, all of the units shall have an appurtenant private patio, deck, balcony, atrium, or solarium with a minimum area of one hundred fifty (150) square feet, except that one bedroom units shall have a minimum of one hundred thirty (130) square feet of private open space. Such space shall have a configuration that would allow a horizontal rectangle of one hundred (100) square feet in area, and no side shall be less than seven (7)feet in length. Such space shall have at least one electrical outlet. Such space may count for up to thirty percent (30%) of the required open space area. E. Private Storage Space. Each unit shall have at least four hundred (400) cubic feet of enclosed, weather-proofed, and lockable storage space for the sole use of the unit resident, in addition to customary storage space within the unit. F. Condominiums, Stock Cooperatives and Similar Developments. In addition to the other standards of this Chapter, the following standards shall apply: ORDINANCE NO. 320 Page 51 of 312 1. With the exception of second units approved pursuant to Chapter 17.10 (Second Unit Development Standards), there shall be no more than one unit in any vertical configuration, unless the planning commission and/or city council ORDINANCE NO. 320 Page 52 of 312 TABLE 04-A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS For exceptions and explanatory descriptions of these standards;for standards of fences,walls,hedges and signs;and for off-site improvement and dedication requirements, see Article VI and Article VII of this title. The number which follows an"RM"designation indicates the maximum number of units which may be allowed per acre in that district. OPEN MAX. MINIMUM LOT SPACE HEIGHT2 PARKING SPACES SIZE&DIMENSION' MINIMUM SETBACKS2 AREA REQUIRED/DU3 MINIMUM INT. STREE 0-1 2+ LOT AREA/ SIZE(s.0 WIDTH DEPTH FRONT SIDE T REAR % BDRM. BDRM. DU(s.f.) SIDE UNITS UNITS RM-6 7300 13,000 65' 110' 25' 10' 25' 20' 45 30' 1 2 garage RM-8 5400 101000 65' 110' 25' 10' 25' 20' 45 30' garage spaces RM- 4400 12,000 75' 110' 25' 10' 25' 20' 43 30' Space 10 RM- 3600 15j000 75' 110' 25' 10' 25' 20' 40 30' 12 (+25% of total RM- 2000 24,000 100' 110' 25' 10' 25' 20' 35 36' parking required) 22 1. For existing lots not meeting these standards, see Chapter 17.84 (Nonconformities). 2. For description. clarification and exceptions. see Chapter 17.48 (Lots. Setbacks. Open Space Area and Building Height). 3. For parking area development standards. see Chapter 17.54. Any under-building parking structures must be completely enclosed or have openings screened from the public right-of-way and other affected views. In all RM Districts. 25% of the required parking shall be provided as guest parking in addition to the standard parking requirements. ORDINANCE NO. 320 Page 53 of 312 finds that such a configuration is consistent with the City's adopted housing element of the general plan. 2. A condominium, stock cooperative or similar development conversion proposal, which does not comply with all of the precise development standards in this chapter, may be approved where the planning commission and/or city council finds that there are unusual circumstances regarding the development's location, site or configuration; that the project is in substantial compliance with the development standards; and that there are mitigating features incorporated in the project, which tend to further the expressed intent and purposes of this chapter. Recognizing that the conversion of existing multiple-residential structures to condominium, stock cooperative or similar development usage presents unique problems with respect to the requirements of this section, the planning commission and/or city council is empowered to vary any and all requirements contained in this chapter, with regard to a particular conversion proposal, upon a finding that the creation of the proposed condominium, stock cooperative or similar development will not have the potential to contravene the intent and purposes of this chapter. Project characteristics of critical importance in determining whether or not a proposed conversion has that potential, include the age of the structure and the degree to which the proposal varies from the required standards for the following: parking, sound transmission characteristics, private open space and storage spaces. The planning commission and/or city council is also empowered to impose conditions on its.approval of the Col llditional Use Permit, which would require that specified- modifications, designed to bring a structure more nearly into compliance with the condominium, stock cooperative and similar development standards contained in this section, be made to the structure proposed for conversion. ORDINANCE NO. 320 Page 54 of 312 Chal2ter_1Z.06 ATTACHED UNIT DEVEL.OPMENISTAN ARDS Secti 17.06.010 Purpose. 17.06.020 Development standards. 17.06.010 Purpose. This chapter provides supplemental development standards which shall apply to all residential structures which are constructed with common walls and/or floor/ceiling assemblies (attached single-family, multiple-family, condominiums, stock cooperatives, community apartment houses, etc.). 17.06.020 Development standards. A. Attenuation of Noise and Vibration. 1. No plumbing fixture or other such permanent device which generates noise or vibration shall be attached to a common wall adjacent to a living room, family room, dining room, den,.or bedroom of an adjoining unit. All plumbing fix- tures or similar devices shall be located on exterior walls, on interior walls within the unit, or on common walls, if adjacent to a similar fixture or device. 2. All water supply lines within common wails and/or floors/ceilings shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the City's Building Oficial. In multistory residential structures, all vertical drainage pipes shall be surrounded by three-quarter-inch thick dense insulation board or full thick fiberglass or wool blanket insulation for their entire length, excluding the sections that pass through wood or metal framing. The building official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated. 3. All common wall assemblies which separate attached single-family units shall be of a cavity-type construction. 4. All common wall assemblies which separate all other attached dwelling units (multiple-family condominiums, stock cooperatives, community apartment houses) or a dwelling unit and a public or quasi-public space shall be of a staggered-stud construction. 5. All common wall assemblies which separate dwelling units from each other or from public or quasi-public spaces (interior corridors, laundry rooms, recreation rooms, Viand garages) shall be constructed with a minimum rating of fifty-five (55) STC (sound transmission class). 6. All common floor/ceiling assemblies which separate dwelling ORDINANCE NO. 320 Page 55 of 312 units from each other or from public or quasi-public spaces (interior corridors, laundry rooms, recreation rooms, and garages) shall be constructed with a minimum rating of fifty (50) STC (sound transmission class) and a minimum rating of sixty-five (65) IIC (impact insulation class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another insulation. 7. STC and IIC ratings shall be based on the result of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials system specified in ASTM #90-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. In documenting wall and floor/ceiling compliance with the required sound ratings, the applicant shall either furnish the City's Building Official with data based upon tests performed by a recognized and approved testing laboratory, or furnish the building official with verified manufacturer's data on the ratings of the various wall and floor/ceiling assemblies utilized. B. Utility Easements Over Private Streets and Other Areas. If private streets are involved, a provision shall be made for public utility easements over the entire private street network. The director and/or planning commission may also require public utility easements adjacent to public streets or over other areas to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The director and/or planning commission may also require access routes necessary to ensure that fire fighting equipment can reach and operate efficiently in all areas. ORDINANCE NO. 320 Page 56 of 312 Chapter 1L.Q8 HOME OCCUPAI1ONS, 17.08.010 Purpose. 17.08.020 Permit required. 17.08,030 Review of applications. 17,0 0. 0.,,Purposg_. This chapter provides that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain Home Occupations that are harmonious with a residential environment. 1Z,Q8,020 Eermit-regiiired. It shall be unlawful for any person, firm or corporation to establish, cause, permit or maintain any type of business, profession or other commercial occupation in any residential zoning district without first securing a Home Occupation Permit from the director. Application for a Home Occupation Permit shall be made on forms provided by the City and shall include a fling fee in an amount established by resolution by the city council. 17.0$,Q30 Beyiew�of appligation_s_. Home Occupations shall be permitted only if they comply with the following standards, and such other conditions which are imposed by the director: A. All structures must comply with general appearance, setbacks, and landscaping standards and regulations applicable to all zoning districts of the area in which they are located. B. No displays, signs, and/or advertisements associated with the Home Occupation shall be permitted. C. The permitted activity shall not be injurious to the use of neighboring property by reason of noise, vibration, odor, fumes, smoke, dust or similar adverse impacts on adjacent properties. D. There shall be no radio or television interference created by said Home Occupation' E. A Home Occupation shall not create vehicular or pedestrian traffic which changes the residential character of the neighborhood and dwelling unit where ORDINANCE NO. 320 Page 57 of 312 the business is being conducted, or create a greater demand for parking than can be accommodated on site or on the street frontage abutting the property where the Home Occupation is being conducted. F. There shall be no deliveries to and from the residence of bulk materials which are used in conjunction with the Home Occupation and no deliveries of materials, goods or retail merchandise associated with a Home Occupation, if such deliveries change the residential character of the neighborhood and dwelling unit where the business is being conducted. . G. The person conducting the profession or business must reside within the dwelling unit in which the activity is located. H. With the exception of one "home occupation employee," as defined in chapter 17.96, there shall be no employment of help other than individuals residing at the subject residence. An on site parking area of no less than nine (9)feet in width by twenty (20)feet in length shall be provided for the one home occupation employee. 1. There shall be no use or storage of dangerous chemicals, acids, caustics, explosives, or other such hazardous equipment or materials, other than those materials that are used in typical household activities as classified in the county household hazardous materials list. J. There shall be no storage of materials and/or supplies, associated with the Home Occupation, outside of the residence, which may be visible from adjoining properties and/or the public right-of-way. if the garage is used to store Home Occupation associated materials, the minimum interior parking dimensions specified in Section 17.02.030 (Single Family Residential Districts) shall be maintained. K. There shall be no use of utilities or community facilities which change the residential character of the neighborhood and dwelling unit where the business is being conducted beyond the level which is normal for the use of the property for residential purposes. L. The establishment and conduct of a Home Occupation shall not change the principal residential character of the use of the dwelling unit, nor shall there be any exterior evidence of the Home Occupation being conducted. The home occupation use shall be clearly incidental to the residential use. ORDINANCE NO. 320 Page 58 of 312 QhgQter 17.10 SECOND UNIT DEVELOPMENT STANDARDS 17.10.010 Purpose. 17.10.020 Development standards. 17.10.030 Filing for record. 17.10.040 Revocation. 17.10.010 Pur000S.e. This chapter provides standards for the development and maintenance of second units on residential lots in accordance with California State Government Code Section 65852.2. This chapter ensures that second units in residential districts are developed and operated on adequate sites, at proper and desirable locations, and that the goals and objectives of the general plan are observed. A second unit which conforms to the following requirements shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. U.10,020 Qeyelogment-stgndards. Second unit developments which adhere to the following standards, shall be permitted in all RS and RM districts with the approval of a Site Plan Review Application by the director. Second unit developments which do not meet the standards of this chapter shall be allowed in all RS and RM districts with the approval of a Conditional Use Permit, pursuant to chapter 17.60 (Conditional Use Permits), and any other applicable permits. A. The lot on which a second unit is constructed shall contain a single-family residence, which shall be considered as the primary use and dwelling unit, along with other non-habitable accessory structures, as normally allowed on such a lot. The distinction between the primary unit and the second unit shall be made by the director and that distinction shall be incorporated as a condition of approval of the appropriate application. B. A trailer, as defined in chapter 17.96 (Definitions), or any other recreational vehicle, may not be stored, or maintained as a habitable unit, on a residential lot. C. All second unit developments shall comply with all applicable building, housing, zoning and site development standards, codes and regulations of the base zoning district in which it will be located. This shall include, but not be limited to, standards regarding height, setbacks, and lot coverage, and in the case of second units ORDINANCE NO. 320 Page 59 of 312 which require approval of a height modification permit, the neighborhood character standards of Chapter 17.02 (Single-family Residential Districts). D. The total area of floor space for a detached second unit, excluding any required garage space, shall not exceed one thousand two hundred (1,200) square feet. The total area of floor space for an attached second unit, excluding any required garage space, shall not exceed thirty percent (30%) of the primary residence's main building floor area. E. Whether attached or detached to the primary unit, the second unit shall not exceed sixteen (16) feet in height unless a height modification permit is granted pursuant to section 17.02.040 (Single Family Residential Districts). F. Second units which are located on the second level of a primary unit shall share the same entrance/exit as the primary unit. Exterior stairs leading to a second unit located on the second level of a primary unit shall be prohibited, unless the stairs are leading to and/or connected to a common hallway, deck or entry, rather than a specific room. G. The second unit shall include, in accordance with the Uniform Building Code, one full bathroom and one kitchen and shall not include any additional bathrooms or kitchens. The second unit shall also be limited to a maximum of two (2) bedrooms. H. The second unit shall be located on a lot or parcel which is served by a public sanitary sewer system. I. A minimum of one enclosed parking space shall be providAd in an enclosed garage on the property for the second unit, in addition to the parking requirements described in section 17.02.030 (Single Family Residential Districts) for the primary residence. Such parking area shall not be tandem to, or block the access of, the parking areas for the primary residence. J. Prior to the development of a second unit, the primary unit shall conform to the parking standards described in section 17.02.030 (Single Family Residential Districts). K. The primary unit and the second unit shall remain under the same ownership. The second unit shall not be sold separately from the primary unit. L. Either the primary unit or the second unit shall be owner occupied in order for the second unit to qualify for and maintain the right to have an occupancy certification. 17.1 Q-030 Eiling for reo.rd. Prior to the issuance of a certificate of occupancy for approved second unit developments pursuant to this chapter, a covenant accompanied with the adopting resolution and/or conditions of approval shall be recorded by the city with the county recorder as a covenant running with the land. The covenant shall also state that the owner agrees to all conditions of approval. 17.10.040 Revocation. if the Site Plan Review Application and/or the Conditional Use Permit is revoked by the City pursuant to the provisions of chapter 17.86 ORDINANCE NO. 320 Page 60 of 312 (Enforcement) of this code, then the director shall file notice with the county recorder that the second unit approval has been revoked and the property owner shall forthwith convert the second unit to a legal structure or shall demolish such structure. ORDINANCE NO. 320 Page 61 of 312 Chapter 17.11 8EEOBDABLEJHQUSING Se 17.11.010 Intent and Purpose. 17.11.020 Applicability. 17.11.030 Exemptions. 17.11.040 Affordable Housing Requirement. 17.11.050 In Lieu Fees. 17.11.060 Affordable Housing Incentives 17.11.070 Period of Affordability 17.11.080 Feasibility. 17.11.090 Agreement. 17.11.100 Tenant/Owner Qualification. 17.11.110 Reporting. 17.11.120 Resale. 17.11.130 Coastal Specific Plan District Replacement Housing Requirement. 17.11.140 Affordable Housing Requirements for Non-residential Projects. 1_7_.11.Q1 Q latent and Purpose. This chapter specifies procedures under which applicants for new residential projects shall receive a density bonus or other incentives for providing housing affordable to low and very low income households. Nothing in this chapter shall be construed to prohibit the City from negotiating for greater numbers of dwelling units affordable to low and very low income households or the provision of varying affordable housing incentives. In order to provide housing affordable to all segments of the community and preserve and maintain low and moderate income housing opportunities in the coastal specific plan district, consistent with the goals of the City's adopted general plan housing element and state law, this chapter further specifies procedures under which applicants for demolition or conversion of residential units occupied by low or moderate income households in the coastal zone, or for new residential projects, shall be required to provide for housing affordable to very low, low and moderate income households. In addition, in order to mitigate the impact of local employment generation on the local housing market, consistent with the goals of the City's adopted general plan housing element and statewide housing goals as declared by the California state legislature, this chapter specifies procedures under which applicants of new non-residential development, or conversion of existing development to a more intense use, shall be ORDINANCE NO. 320 Page 62 of 312 required to make provisions for housing affordable to low and very low income households. J1,.11=.020 Apglicabilify. The requirements of this chapter shall apply to all applications which will result in the creation of five (5) or more dwelling units or residential lots, including but not limited to, applications for a tentative tract map, parcel map, conditional use permit, coastal permit, building permit, or other development entitlement. where an initial project consists of four(4) or fewer units, and application is made within three (3) years of the initial project approval to further subdivide or expand the initial project such that the total number of dwelling units or residential lots is equal to five (5) or more, this chapter shall apply. The requirements of this chapter shall also apply to all applications for demolition or conversion of three (3) or more dwelling units in the coastal specific plan district described in chapter 17.72 (Coastal Permits), as specified in section 17.11.130 of this chapter. where an initial project consists of two or fewer units, and application is made within three (3)years of the initial project approval to further subdivide or expand the initial project such that the total number of dwelling units or residential lots is equal to three (3) or more, this chapter shall apply. The requirements of this chapter shall also apply to any development project which has been approved prior to adoption of this chapter which contains a condition requiring the provision of affordable housing. This chapter shall further apply to conversion of existing residential rental projects to condominium or stock cooperative ownership at any location in the City where twenty percent (20%) of the units are occupied by very low or low income households at the time application for conversion is filed. No residents may be evicted for the purpose of avoiding the requirements of this section. where residents have been evicted in the twelve (12) months prior to filing an application listed in this section, a presumption of avoidance shall be made, unless evidence to the contrary is submitted to, and approved by, the City. U.11,020 Exemat_ons. A. The requirements of this Chapter shall not apply to: 1. The reconstruction of any structure which has been destroyed by fire, flood, earthquake, or other act of God or nature; and 2. Projects where the City in its sole and absolute discretion finds the provision of affordable units to be infeasible pursuant to section 17.11.080 of this chapter. -JZ.11.040 Affordable Housing Requirement. Except as provided for in ORDINANCE NO. 320 Page 63 of 312 section 17.11.030 of this chapter, new residential development of five (5) or more dwelling units shall be required to provide up to five percent (5%) of all units affordable to very low income households or provide up to ten percent (10%) of all units affordable to low income households. Where a mixture of Affordability levels is provided, each very low income affordable unit shall be weighted such that it is equivalent to two (2) low income affordable units, resulting in a total weighted count equal to ten percent (10%) of total units. The units shall be rented or sold only to households whose income is at a level which does not exceed the required affordability level of the unit. Except where it has been demonstrated not to be feasible, the affordable units shall be similar in exterior appearance, configuration, and basic amenities (such as storage space and outdoor living areas) to the market rate units in the proposed project. The affordable units shall be provided on-site or off-site at a location to be approved by the director. Prior to the time the affordable units become available for sale or rent, certificates of occupancy shall not be issued for more than fifty percent (50%) of the units in the project nor shall more than fifty percent (50%) of the individual lots be sold in cases where a tract map is involved. For phased developments, the provision of the affordable units shall also be phased, proportionate to the size of each development phase. 1,7,11.050 1n Lieu Fees. Upon city council approval, in-lieu fees may be provided as an alternative to units required pursuant to sections 17.11.040 or 17.11.130 of this chapter. The fee per affordable unit to be provided, shall be established by city council resolution. 17.11.060 AffordableHousina Incentives. A. Density Bonus. 1. New Construction. When a developer of new housing agrees to provide at least ten percent(10%) of all units as very low income units, twenty percent (20%) of all units as low income units, or fifty percent (50%) of all units for qualifying senior residents, a density bonus and/or affordable housing incentive shall be provided by the City. The density bonus shall not be included when determining the number of dwelling units equal to ten (10) or twenty (20) percent of the total units. At least one additional or alternative incentive, as described in section 17.11.060(6) of this chapter, shall be provided in addition to the density bonus, if the applicant demonstrates to the City's satisfaction that provision of the low or very low income units is not feasible without the incentive. The units shall be rented or sold only to households whose income is at a level which does not exceed the required affordability level of the unit. The affordable units shall be similar in exterior appearance, configuration, and'basic amenities (such as storage space and outdoor living areas) to the market rate units in the proposed project. ORDINANCE NO. 320 Page 64 of 312 When a developer of new housing agrees to provide at least ten percent (10%) of all units as very low income units and twenty percent (20%) of all units as low income units, density bonuses shall not accrue cumulatively, and only one density bonus and at least one other additional incentive shall be provided. 2. Condominium conversion. Where an applicant for a conversion of an apartment project to a condominium project agrees to provide at least thirty three percent (33%) of the total proposed condominium units to low and moderate income households or at least fifteen percent (15%) of the total units to lower income households, and agrees to pay reasonably necessary administrative costs incurred by the City, a density bonus and/or affordable housing incentive shall be provided by the City. The density bonus units shall be provided within the existing structure or structures to be converted. The units shall be sold only to households whose income is at a level which does not exceed the required affordability level of the unit. Except where it has been demonstrated not to be feasible, the affordable units shall be similar in appearance, configuration, and amenities to the market rate units in the proposed project. An apartment project originally developed with a density bonus or other incentive pursuant to section 17.11.060(A)(1) of this chapter, shall not be eligible for a further density bonus or incentive under this subsection. B. Additional or Alternative Incentives. At the option of the City, affordable housing incentives in lieu of, or in addition to, a density bonus may be provided. These incentives include, but are not limited to: 1. A reduction in site development standards or modification of zoning requirements or architectural design requirements which exceed minimum State standards, including modification of setback, parking, or lot size requirements. 2. Approval of a mixed use project, if the other uses are compatible with residential development and with other development in the surrounding area. 3. Other regulatory concessions which result in identifiable cost reductions. C. Application. Applicants for density bonuses shall file an application for a density bonus with the director. The application shall specify the total number of dwelling units proposed, the number of low income, very low income, and/or qualifying senior units proposed, proposed rent or price of the units, the location of the units, proposed means of administering the units, and such other information as may be required by the director. If an additional incentive is requested, beyond that required pursuant to section 17.11.060(A)(1) of this chapter, the feasibility requirements of section 17.11.080 of this chapter shall also apply. The application shall be accompanied by d fee, to be established by resolution of the city council, to cover the City's cost of reviewing and administering the proposed density bonus project. ORDINANCE NO. 320 Page 65 of 312 17,11,070 Period o.f Affordability. Units required at specified affordability levels shall remain available and affordable for the longest feasible period of time, as determined by the City. However, in no event shall low and very low income units remain available and affordable for a period of less than thirty (30) years where a density bonus and at least one other incentive are provided. Low and very low income units shall remain available and affordable for a period of at least ten (10) years where a density bonus is provided with no other incentive. Units for qualifying senior residents shall remain available to qualifying senior residents for a period of at least fifteen (15) years. 1-.1- Eemi . . A. Applicability. A feasibility study shall be required when: 1. Provision of units affordable to low and very low income households in accordance with section 17.11.040 of this chapter is not contemplated; 2. An existing development in the coastal specific plan district meets the criteria of section 17.11.130 of this chapter and the provision of replacement units affordable to low and moderate income households is not contemplated; or 3. A developer has requested one or more incentives in addition to the density bonus, pursuant to section 17.11.060 of this chapter. B. Application. The applicant shall deposit with the City a fee adequate to compensate for the cost of the study in addition to an administrative fee at a level to be established by resolution of the city council. The applicant shall provide a project proforma, data regarding existing rents and existing tenant income for existing residential projects to be converted or demolished, and any other information deemed necessary by the director. The application package shall not be deemed complete until the feasibility study is completed to the satisfaction of the director. C. Study Contents. The study shall examine the feasibility of providing affordable units in accordance with sections 17.11.040 and 17.11.130 of this chapter, as applicable. If an application has been filed for an affordable housing incentive in addition to a density bonus, the study shall examine the feasibility of providing the affordable housing without the additional affordable housing incentive. If this is demonstrated not to be feasible, the study shall examine other affordability scenarios at the discretion of the director. These may include the feasibility of providing fewer units affordable to low and very low income households and units affordable to progressively higher income households, as approved by the director. D. Findings Required 1. Approval of a lesser amount of housing affordable to the specified income groups than would otherwise be required under the provisions of this chapter, may be approved by the city council upon adoption of the following findings: a. That specific economic, environmental, or technical factors render impossible the provision of new dwelling units affordable to low and/or very low income households, pursuant to the requirements of section 17.11.040 of this ORDINANCE Na. 320 Page 66 of 312 chapter, or of replacement units affordable to low and/or moderate income households pursuant to the requirements of section 17.11.130 of this chapter. b. That these factors are documented in a feasibility study which has been prepared for the proposed project, which study has been reviewed and approved by the City and is part of the public record for the project. 2. Approval of an affordable housing incentive in addition to a density bonus shall be approved by the city council upon adoption of the following findings: a. That without the provision of an affordable housing incentive, and with only a density bonus, specific economic, environmental, or technical factors render the provision of affordable housing, consistent with the requirements of section 17.1'1.040 of this chapter, incapable of being accomplished in a successful manner. b. That these factors are documented in a feasibility study which has been prepared for the proposed project,which study has been reviewed and approved by the City and is part of the public record for the project. E. Public Hearing. A noticed public hearing shall be held before the city council prior to adoption of any finding regarding feasibility. This hearing may be held concurrently with any hearing required for the project application. 17.1-1.09fl Agreement. The applicant shall sign an agreement binding the property owner and his/her successors in interest to provide the agreed upon number of units as affordable units for the time prescribed, and agreeing to other conditions governing the affordable units as may be required by ordinance or by the planning commission or city council. These conditions may address unit configuration and size, reporting requirements, City processing fees for unit monitoring, or such other matters which may be deemed appropriate by the city council. The agreement shall be recorded against the property subject to the affordability requirement prior to the recordation of a tract or parcel map or issuance of any certificate of occupancy for the project subject to the original application. Should the applicant or his/her successors in interest fail to abide by the terms of the agreement, the City shall have the authority to revoke certificates of occupancy and/or place liens against the properties involved, in addition to any other remedy allowed by law. .17.11.100 tenant/ ner Ou Ufiica#ion. Tenant and/or buyer selection shall be the right and responsibility of the applicant or his/her successors in interest subject to the approval of the City. The applicant and/or his/her successors in interest shall certify that household income of tenants and/or buyers complies with the prescribed income level. In addition, no tenant or buyer of a for-sale affordable unit shall hold title to any real property. Total household assets for prospective tenants shall not exceed the combined total of the required security deposit plus twelve (12) months' rent. Total ORDINANCE NO. 320 Page 67 of 312 household assets for any buyer of a for-sale unit shall not exceed the combined total of unit closing costs plus twelve (12) months' housing payments, including principal, interest, taxes, and insurance. In no case shall the tenant or buyer be a family member, to include parents, offspring, siblings, spouses, uncles, aunts, cousins, nieces, nephews, and grandchildren of the applicant or his/her successor in interest, unless otherwise approved by the City Council. No finder's fee, signing bonus, or other similar consideration shall be required or accepted by the project applicant, or his/her successors in interest, in return for selecting a given.-tenant or buyer. 17.11 A 10 . Where the units are provided as rental units, the applicant or his/her successor in interest shall provide an annual report to the City documenting that rents and tenant incomes are in accord with the agreement. Where the units are provided as for-sale units, the low or moderate income purchaser of the unit shall annually certify that he/she continues to own the unit and document that the unit is owner occupied or rented to tenants whose incomes are in accordance with the agreement. The seller shall notify the director by certified mail of any change in property title, prior to completion of escrow. el 17,11.120 Resale. When the low or moderate income affordable for-sale units are sold, the units shall be sold for no more than the affordability level specified in the agreement. All sales commissions, escrow fees and other property transfer costs shall be the responsibility of the seller and/or buyer. The units shall be sold to households whose income does not exceed the affordability level specified in the agreement, subject to the review and approval of the director. The new buyer of the unit shall provide documentation of income level to the director prior to entering escrow. 17,11. This section is in addition to the requirements of section 17.11.020 of this chapter. A. Replacement Housing Requirement. Where units which are located in the coastal specific plan district and occupied by low or moderate income households are to be demolished or converted, the units shall be replaced on a one for one basis. The replacement units shall be located on the same site as originally provided. If it has been demonstrated that it is not feasible, the replacement units shall be located elsewhere in the coastal specific plan district in the City of Rancho Palos Verdes. if it has been demonstrated that it is not feasible to locate the units within the City's coastal specific plan district, the units shall be located elsewhere in the City within three (3) miles of the coastal specific plan district. Feasibility shall be determined pursuant to the requirements of section 17.11.080 of this chapter. ORDINANCE NO. 320 Page 68 of 312 The units shall be available for occupancy within three (3)years from the date on which work commenced on the conversion or demolition. The City may require the posting of a bond and/or the recordation of a covenant against the site of the new development in order to assure compliance. B. Exemptions. 1. In addition to the exemptions established by section ORDINANCE NO. 320 Page 69 of 312 17.11.030 of this chapter, the requirements of this section shall not apply to: a. The conversion or demolition of two (2) or fewer residential units. b. The demolition of any structure which has been deemed to be a public nuisance, in accordance with the provisions of section 8.24.070 of this municipal code, unless the director determines that the creation of the nuisance was intentional. 2. Where it has been demonstrated not to be feasible, the requirements of this chapter shall not apply to: a. The conversion or demolition of ten (10) or fewer residential units where more than one structure is involved. b. The conversion or demolition of residential units for purposes of a non-residential use which is either"coastal dependant", as defined in section 30101 of the state public resources code, or"coastal related", as defined in section 30101.3 of the public resources code, provided the coastal dependent or coastal related use is consistent with the provisions of the City's coastal specific plan. C. Application. Applicants for the demolition or conversion of two (2) or more dwelling units located in the coastal specific plan district shall file an application for a coastal residential demolition/conversion permit. The application shall specify the number of dwelling units to be demolished or converted, the replacement use contemplated, and provide documentation of the current rents and income of all tenants. Income data for any tenants evicted in the prior twelve (12) months shall also be provided to the City. The application shall be accompanied by a fee to be established by resolution of the city council. D. Administration. Where replacement units are required, they shall comply with the provisions of section 17.11.090 (agreement); 17.11.100 (tenant/owner qualification); 17.11.110 (reporting); and 17.11.120 (resale) of this chapter. 17.11.14 0. Affo ble HQUsina RequireMents f.Q[Non-re5idential PrQiects. A. Applicability. The requirements of this section shall apply to all applications for construction, expansion, or intensification of non-residential uses, including but not limited to applications for commercial projects, golf courses, private clubs, and institutional developments. Applications to which this section applies include, but are not limited to, applications for a tentative tract map, parcel map, conditional use permit, coastal permit, building permit, or other development entitlement whereby more than thirty (30) new full-time and/or part-time jobs are created in the City; or more than ten thousand (10,000) square feet of space will be created or converted. This requirement ihall apply to any jobs or space created or converted within any twelve (12) month period. B. Exemptions. The following developments shall be exempt: 1. Mixed use developments containing at least one (1) low or very low income affordable housing unit for every ten (10) low or moderate income ORDINANCE NO. 320 Page 70 of 312 employees anticipated to be generated, or for every five thousand (5,000) square feet of non-residential space. The residential units shall be available for occupancy within one (1) year of occupancy of the first non-residential space within the project. 2. Projects where the applicant has agreed to provide at least one (1) low or very low income affordable housing unit for every ten (10) low or moderate income employees anticipated to be generated, or for every five thousand (5,000) square feet of commercial space at another location in the City. The residential units shall be available for occupancy within one year (1) of occupancy of the first non- residential space within the project. 3. Projects where the applicant has demonstrated to the satisfaction of the City that no employment opportunities for persons of low or very low income would be created. 4. Projects where the City finds the provision of affordable units to be infeasible pursuant to section 17.11.080 of this chapter. 5. The reconstruction of any structure which has been destroyed by fire, flood, earthquake, or other act of God or nature. C. Fee Required. With the exception of development exempted pursuant to section 17.11.140(B) of this chapter, and except where it has been demonstrated not to be feasible pursuant to section 17.11.080 of this chapter, developers of commercial development shall pay a residential impact fee to be set by resolution of the city council. The fee shall be adequate to provide one (1) low or very low income affordable housing unit for each ten employees (10) to be generated by the project. The fee per affordable unit to be provided shall be equal to the difference between the median value of market rate housing and the price affordable to low or very low income households. The fee shall be paid prior to issuance of a certificate of occupancy. D. Number of Employees Determination. For the purpose of determining the anticipated number of new employees to be generated by a new development, typical employee generation rates for other, similar businesses shall be submitted by the applicant to the city. Where a new development replaces a previously existing non-residential use, and replacement is commenced within twelve (12) months, credit shall be given for the number of employees employed by the previously existing use. E. Rebate of Fees. If, within one year(1) after the non-residential project is fully occupied, evidence is submitted to the director that fewer employees have been generated, or that the employees are in higher income groups than had been anticipated, a portion of the residential impact fees may be rebated. Evidence to be submitted may include, but is not limited to, W72 forms for all employees working within the project. F. Administration. Non-residential projects shall comply with the provision of sections 17.11.080 (feasibility); 17.11.090 (agreement); 17.11.100 (tenant/owner qualification); 17.11.110 (reporting); and section 17.11.120 (resale) of this chapter. ORDINANCE NO. 320 Page 71 of 312 ARTICLE 1 1. COMMERCIAL DISTRICTS Chanter 17.12 COMMERCIAL DISTRICTS 17.12.010 Purpose. 17.12.020 Uses and development permitted. 17.12.030 Development standards. 17.12.040 Expanding existing development. 17.12.050 New commercial development. 17.12.060 Development plan and supplemental materials. 17.12.070 Commercial condominium development concept plan review. 17.12.080 Commercial condominium or stock cooperative conversions. 17.12.090 Development standards for conversions. 17,12.0 Q. Eurpose. The commercial districts provide for the development and uses involving the retail sale of goods, the provision of services to the public, and office functions. Five districts have been created in order that the site, intensity, type of use, and location can be controlled and made consistent with the objectives and locations designated by the general plan of the city. This chapter ensures that commercial districts will promote high-quality developments with regard to the objectives and intents of the general plan and that the adverse effects of the erection, addition, or alterations to buildings or structures are prevented by giving proper attention to siting, lighting, landscaping, design, and view obstruction. 1Z.12,020 Uses and develogment permitted. The uses and types of development permitted in the commercial districts are described in chapters 17.14 through 17.22 of this title. Approval shall be given upon the finding that such use or development is clearly within the intent of this chapter and the description of uses and development permitted in the district, and will be compatible with other permitted uses in the district. Any construction on vacant or undeveloped property in any commercial zone is subject to'approval of a conditional use permit, as per chapter 17.60 (Conditional Use Permits.) Any Conditional Use Permit issued for a project located in the coastal specific plan district must be consistent with the Coastal Specific Plan. .1Z,12,030 Developmgnt standards. The following standards shall apply to all ORDINANCE NO. 320 Page 72 of 312 commercial districts, unless specified otherwise within the district regulations: A. Building height. Commercial buildings erected in the city shall have a height not greater than sixteen (16)feet and shall not exceed one (1) story, except with the approval of a Conditional Use Permit, as per section 17.60 (Conditional Use Permits.) B. Storage. With the exception of outdoor uses permitted by a Conditional Use Permit, as per section 17.60 (Conditional Use Permits), and/or a special use permit or temporary vendor permit as per chapter 17.62 (Special Use Permit), all goods, wares, merchandise, produce and other commodities shall be housed in permanent, entirely enclosed structures, unless being transported. C. Transportation Demand Management Development Standards. Commercial development shall be subject to the applicable transportation demand and trip reduction measures specified in section 10.28.030 (Transportation Demand Management and Trip Reduction) of this Municipal Code. Any transportation demand or trip reduction measures required pursuant to section 10.28.030 (Transportation Demand Management and Trip Reduction), shall be implemented in accordance with all applicable standards and specifications of this title. D. Lighting. All exterior lighting shall conform to the standards specified in Section 17.56.040 (Environmental Protection.) E. Roof Equipment. All roof equipment shall conform to the height limits specified in section 17.48.050 (Lots, Setbacks, Open Space Area and Building Height) and shall be adequately screened from adjacent private properties and the public right-of-way. F. Deliveries and Mechanical Equipment. Unless otherwise specified in an approved Conditional Use Permit or other discretionary approval, all deliveries of commercial goods and supplies; trash pick-up, including the use of parking lot trash sweepers; and the operation of machinery or mechanical equipment which emits noise levels in excess of 65 dBA, as measured from the closest property line to the mechanical equipment, shall only be allowed on commercial properties which abut a residential district, between the hours of 7 a.m. and 7 p.m., Monday through Sunday. G. The property development standards contained in "Table 12-A: "Commercial Standards" shall apply to all land and structures in the commercial districts. For exceptions and explanatory description of these standards; for standards of fences, walls, and signs; and for off-site improvement and dedication requirements, see Articles VI (Use and Development Standards) and VII (Development Application and Review) of this.title. ORDINANCE NO. 320 Page 73 of 312 TABLE 12-A: COMMERCIAL STANDARDS For exceptions and explanatory descriptions of these standards;for standards of fences,walls,hedges and signs;and for off-site improvement and dedication requirements,see Articles VI and VII of this title. For a list of uses and development permitted in each commercial district(CL,'CN,CP,CR,and CG),see Chapters 17.14 through 17.22. DEVELOPMENT SITE AREA BUILDING SETBACKS Abutting Abutting Abutting Abutting Street Street Non- Residential Serving as Residential Residenti Property District Boundary Line al Property Minimum Minimum Minimum Minimum Maximum Minimum Minimum Minimum Minimum Minimum Minimum Minimum Minimum Develop- Width Depth Frontage Lot Setback Landscaping Setback Setback Landscaping Setback Landscaping Parking Space ment Coverage (1,4) (3) (2,4) (1,4) Requirements Site Area Per Floor Area 10' 15' 1 sp/250 CL 30,000 100' 150' 100' 45% 20' nearest 10' 40' All 25' nearest sq.ft. sq.ft. street street 15' 20' 1 sp/200 CN 2 ac. 250' 400' 200' 40% 30' nearest 20' 50' All 40' nearest 1 loading street street sp/10,000 10' 15' 1 sp/150 CP 40,000 100' 150' 100' 50% 20' nearest 10' 30' All 25' nearest sq.ft. sq.ft. street street 20' 30' CR 20 ac. 250' 400' 200' 30% 40' nearest 20' 100' All 50' nearest (8) (7) street (5) street 1 sp/200 CG 2 ac. 250' 150' 200' 50% 20' 5'(6) 10' 20' 10' --- 1 loading 10' sp/10,000 1. The remainder may be used for parking,provided effective buffering and screening techniques are incorporated into landscaped area between the parking area and the street. 2. Buffering and screening techniques shall be utilized on the district boundary line,In order to rnitigate the adverse impacts caused by adjacent incompatible uses. 3. No parking shalt be allowed in this setback area. 4. The provisions of Section 17.76.030(Fences,Walls and Hedges)shall also apply. 5. No activity shall be permitted within this setback except as approved by the planning commission. 6. Where abutting street is a state highway,e.g.Western Avenue. 7. Minimum site area may be modified by the planning commission pursuant to a conditional use pemk 8. Parking requirements are set forth in section 17.22.040(D)of this title and chapter 17.50(Non-Residential Parking and Loading Standards.) ORDINANCE NO. 320 Page 74 of 312 1-7.12.04Q Expandina existina develol2ment. A. Any expansion of an existing development involving either a new structure or an addition to an existing structure which creates at least five hundred (500) square feet of additional floor or usable area shall require the approval of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits.) Expansions or additions of less than five hundred (500) square feet shall also require the approval of a conditional use permit, if the existing development is a non-conforming structure or a non- conforming use pursuant to chapter 17.84 (Nonconformifies.) Interior remodeling shall not require a Conditional Use Permit, provided that no change or intensification of the existing use to a use which requires a conditional use permit results from the remodeling. B. All expansions, additions and alterations are subject to the development standards specified in section 17.12.030 of this chapter, as well as to the standards in their respective base Zoning Districts. Expansions, additions and alterations involving non-conforming lots, uses or structures are also subject to the standards specified in Chapter 17.84 (Nonconformities.) 17.12.050 Npw,c_.mereial development. All new commercial development shall be a part of an integrated, totally planned development. The developer of a proposed new development shall apply for a conditional use permit, pursuant to chapter 17.60 (Conditional Use Permits) and such developer's proposal shall be reviewed on its own merits for conformity with the development standards of section 17.12.030 of this chapter, the standards applicable to its respective district, and the other chapters of this Code. The development shall provide the following: A. An efficient, convenient and safe vehicular access system to and from major and/or arterial streets; B. An efficient, convenient and safe pedestrian and bicycle circulation system throughout the development; C. A demonstrated need for the individual uses within the development related to the need based on the population of the service area; D. Pedestrian access from neighboring areas; E. Compatibility of architectural design with the character of the community; such design shall be subject to review by the planning commission; and F. A sign program consistent with the provisions of section 17.76.050 (Sign Permit), which describes the personal signs, their relation to the structures and their location. 17.12.060 Development olan and_alipplemental materials. An application for commercial develd'pment shall include the following: A. A detailed development plan of the project which shall include: 1. A site plan; 2. A preliminary floor plan, showing the estimated number of units ORDINANCE NO. 320 Page 75 of 312 and the square footage of each unit; 3. EIevation drawings, showing exterior treatments; 4. A parking plan, showing vehicular access, circulation, loading areas and the number of parking spaces is in conformance with the standards of chapter 17.50 (Non-residential Parking and Loading Standards) and section 17.76.010 (Parking Lot Permits.) 5. A plan showing land uses of adjacent property; and 6. Calculations of area of common open space; B. A detailed landscape plan indicating types and sizes of materials to be used and enclosed trash areas; C. A detailed plan indicating the locations, types and maximum wattages of any exterior lighting fixtures which is in conformance with section 17.56.040 (Environmental Protection.) D. A copy of all covenants, conditions and restrictions, or other reciprocal agreement setting forth the occupancy and management policies for the project to be reviewed by the director and the city attorney; E. A grading plan, as per section 17.76.040 (grading permit.) F. If applicable, calculations indicating the land area devoted to each proposed use in the planned commercial condominium development and its percentage of total area; G. If applicable, a map indicating any proposed division of land within the commercial condominium development; H. A time schedule for information purposes, indicating when construction is to begin, the anticipated rate of development and the approximate completion date, including the phases of construction; and 1. Any other drawings or information the director deems necessary to adequately consider the proposal. 17.12.070 Commercial condominium development concept plan re yew. A. Prior to the submission of an application for a conditional use permit for a commercial condominium development, or stock cooperative, the applicant shall submit a concept plan for preliminary review by the director. The concept plan should include at least the following: 1. A schematic plan, showing in general terms the proposed uses, densities, types of units, open space, parking, extent of grading and landscaping; and 2. Preliminary calculations of the site areas, number of units, and open space. B. No decision will be made on the conceptual plan. However, the director shall provide comr&nts and suggestions which may assist the applicant in developing more precise plans for formal submittal. 7.12.080 CoMmercial condominium or stock cooperative c_onv_lo[].s. An application for a tentative map and conditional use permit for the conversion of existing commercial ORDINANCE NO. 320 Page 76 of 312 uses shall not be accepted, unless it conforms to the general plan and zoning regulations; and provided, that the proposed conversion will not delete a significant number of commercial units when reasonable replacement or equivalent units are not readily available in the area. The developer shall present satisfactory evidence that all requirements of the Subdivision Map Act have been satisfied. 17 Qevelogment standards..for conversions In addition to those requirements found described in section 17.12.070 of this chapter, an application for commercial condominiums or stock cooperative conversions shall include the following: A. A description of the features of the type of building and project, including age, type of construction, the preliminary number of proposed separate units, the square footage of each unit and of the entire building; B. A building component report prepared by an appropriately registered engineer which indicates the condition and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, and other mechanical and structural systems; C. A site plan, including buildings, structures, yards, open space and accessory storage areas and, including trash enclosures; D. A history-of-occupancy report, including: 1. . Rental rate history for the past five (5) years; 2. Nature of existing business tenants and lengths of tenancy; 3. Proposed owners' association fees; 4. Names and addresses of all tenants; and 5. Any other information required by the planning commission to assist in the review of the project; and E. A copy of the covenants, conditions and restrictions for the property. ORDINANCE NO. 320 Page 77 of 312 Chapter I ZJA COM ERCIAL LIMITED (QL) DISTRICT Secti 17.14.010 Purpose. 17.14.020 Uses and development permitted. 17.14.030 Uses and development permitted by conditional use permit. 17, 14.010 un2o,se. This district permits those uses which serve the needs of the residents of the immediately surrounding area for those goods and services which prove essential in day-to-day living. 17.14.02Q Uses aaddevelopment germitted. Convenience goods and service busi- nesses which serve a limited residential area, including such retail businesses as a food market, pharmacy, liquor store, bakery and coffee house; such service businesses as a barber or beauty shop, cleaners/laundry, (not to include cleaners/laundry uses that have cleaning operations on site) and minor office uses; temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits); recycling centers, as approved pursuant to chapter 17.58 (Recycling); temporary special uses and developments, with approval of a special use permit pursuant to chapter 17.62 (Special Use Permits); commercial filming or photography, with approval of a city film permit pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions); and other similar uses clearly related to the convenience level of service and purchasing as approved by the director. The director's determination on whether other similar uses are clearly related to the convenience level of service may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). 17.14.030 Uses and development germitted by conditional use i2ermit. The following uses and development may be permitted in the commercial limited (CL) zone, if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.14.010 of this chapter and chapter 17.60 (Conditional Use Permits): A. Automobile service stations, pursuant to section 17.76.090 (Automobile Service Stations); B. Flower and produce stands and similar commercial/agricultural retail uses; C. Convenience stores, pursuant to section 17.76.080 (Convenience Stores); ORDINANCE NO. 320 Page 78 of 312 D. Bed and breakfast inns; E. Outdoor sale, storage or display of merchandise and/or provisions of services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit or temporary vendor permit, pursuant to chapter 17.62 (Special Use Permits), by the director; F. Cleaners/laundry uses which have cleaning operations on site; G. Churches; H. Commercial antennas, pursuant to section 12.76.020 (Antennas and Satellite Dishes); I. Concurrent sales of alcohol and motor fuel; J. Developments of natural resources, except in the coastal specific plan district; K. Golf courses, driving ranges, and related ancillary uses; L. Governmental facilities; M. Private educational uses, including nursery schools and day nurseries; N. Public utility structures; 4. Outdoor active recreational uses and facilities; and P. Such uses as the planning commission deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Section 17.80.050 (Hearing Notice of Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. ORDINANCE NO. 320 Page 79 of 312 Chute_17._16 COMERC1AL_NE[G_HBQBHOOD (0) STRICT_ Segligns: 17.16.010 Purpose. 17.16.020 Uses and development permitted. 17.16.030 Uses and development permitted by conditional use permit. 17.16.010 ,Purper. This district permits a limited number of retail, service, and administrative uses, the main purpose of which is to serve the needs of a greater portion of the community. 17.16,020 Uses and development ler itted. Convenience goods and service businesses as described in section 17.14.020 (Commercial Limited District) and a wider range of uses, including such uses as clothing stores, specialty shops, sports and hobby shops, restaurants (not including drive-through restaurants), conservatories, financial institutions, medical and dental uses, veterinary clinics (not to include the boarding of animals), private tutoring centers involving ten (10) or fewer students (total enrollment), temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits); recycling centers, as approved pursuant to chapter 17.58 (Recycling); a limited number of administrative and professional office uses; temporary special uses and developments, with approval of a special use permit pursuant to chapter 17.62 (Special Use Permits); commercial filming or photography, with approval of a city film permit pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions); and any other similar uses clearly related to the neighborhood level of service as approved by the director. The director's determination on whether other similar uses are clearly related to the neighborhood level may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). 17.16,030 Uraes and devglogm nt Dermitted byconditionalpermit. The following uses may be permitted in the commercial neighborhood (CN) zone if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.16.010 of this chapter and chapter 17.60 (Conditional Use Permits): ORDINANCE NO. 320 Page 80 of 312 A. Wholesale plant nurseries; B. Outdoor sale, storage or display of merchandise and/or provisions of services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit or temporary vendor permit, pursuant to chapter 17.62 (Special Use Permits), by the director; C. Car washes; D. Automobile service stations, pursuant to section 17.76.090 (Automobile Service Stations); E. Flower and produce stands and similar commercial/agricultural retail uses;. F. Convenience stores, pursuant to section 17.76.080 (Convenience Stores); G. Bed and breakfast inns; H. Cleaners/laundry uses which have cleaning operations on site; I. Veterinary clinics involving the boarding of animals; J. Churches; K. Commercial antennas, pursuant to section 12.76.020 (Antennas and Satellite Dishes); L. Concurrent sales of alcohol and motor fuel; M. Developments of natural resources, except in the coastal specific plan district; N. Golf courses, driving ranges, and related ancillary uses; 0. Governmental facilities;'.. P. Private educational uses, including nursery schools and day nurseries; Q. Public utility structures; R. Outdoor active recreational uses and facilities; and S. Such uses as the planning commission deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Section 17.80.050 (Hearing Notice of Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. ORDINANCE NO. 320 Page 81 of 312 Chapter 17.18 QQMMERCIAL PROFESSION8L (0) DISTRICT ,9ecti 17.18.010 Purpose. 17.18.020 Uses and development permitted. 17.18.030 Uses and development permitted by conditional use permit. 17.18.010 Purpose. This district permits those uses which provide general public services, administrative services, and other similar, office uses primarily to the residents of Rancho Palos Verdes and neighboring cities. 12=18,.020 Uses and development pe muted. General public service and office uses, including administrative and professional offices and studios, exhibit halls and galleries, financial institutions, medical and dental offices; recycling centers, as approved pursuant to chapter 17.58 (Recycling); temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits); and other similar service uses as approved by the director. No use shall involve the manufacture or sale of any goods, except that the manufacturing and sale of goods which is minor and clearly ancillary to the major use, may be permitted with the approval of the director. Any determination of the director regarding a use not expressly listed in this chapter may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). 17. conditional ' . The following uses may be permitted in the commercial professional (CP) zone, if it is found in each individual case by the planning commission that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.18.010 of this chapter and chapter 17.60 (Conditional Use Permits): A. Bed and breakfast inns; B. Churches; C. Commercial antennas, pursuant to section 17.76.020 (Antennas and Satellite Dishes); D. Developments of natural resources, except in the coastal specific plan district; E. Governmental facilities; F. Private educational uses, including nursery schools and day nurseries; G. Public utility structures; ORDINANCE NO. 320 Page 82 of 312 H. Outdoor active recreational uses and facilities; and I. Such uses as the planning commission deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Section 17.80.050 (Hearing Notice of Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. ORDINANCE NO. 320 Page 83 of 312 Chapter 17.20 COMMERCIAL GENEML (CG)Sections: 17.20.010 Purpose. 17.20.020 Uses and development permitted. 17.20.030 Uses and development permitted by conditional use permit. 17.20.0' 0 Purimse. This district permits retail, service and administrative uses the main purpose of which is to serve the surrounding.area and visitors to the area. 17.20.020 .Uaes and develoament.,permitted. Uses allowed in sections 17.14.020 (Commercial Limited District) and 17.16.020 (Commercial Neighborhood District) and a wider.range of uses including such uses as major department stores, major hardware, home improvement stores, appliance stores, furniture stores, and any similar uses clearly related to the surrounding area as approved by the director. The director's determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). 7. ' ' I ' . The following uses may be permitted in the commercial general (CG) zone if it is found in each individual case by the planning commission, that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in section 17.20.010 of this chapter and chapter 17.60 (Conditional Use Permits): A. Automobile service stations, pursuant to section 17.76.090 (Automobile Service Stations); B. Automobile service stations and car washes accompanying auto service stations, as per section 17.76.090 (Automobile Service Stations); C. Car washes; D. Wholesale plant nurseries; E. Flower and produce stands and similar commercial/agricultural retail uses; F. Hotels; G. Movie theaters, billiard halls, bowling alleys, skating rinks and other similar commercial-recreational uses; H. Fitness studios, dance schools, computer schools, and other similar educational activities or uses; I. Convenience stores as per section 17.76.080 (Convenience Stores); ORDINANCE NO. 320 Page 84 of 312 J. Recycling dropoff/collection facilities and community service recycling programs pursuant to chapter 17.58 (Recycling); K. Outdoor sale, storage or display of merchandise and/or provisions of services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit or temporary vendor permit, pursuant to chapter 17.62 (Special Use Permits), by the director; L. Bed and breakfast inns; M. Cleaners/laundry uses which have cleaning operations on site; N. Churches; O. Commercial antennas, pursuant to section 17.76.020 (Antennas and Satellite Dishes); P. Concurrent sales of alcohol and motor fuel; Q. Developments of natural resources, except in the coastal specific plan district; R. Golf courses, driving ranges, and related ancillary uses; S. Governmental facilities; T. Public utility structures; U. Outdoor active recreational uses and facilities; and V. Such uses as the planning commission deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the cit/council pursuant to Section 17.80.050 (Hearing Notice of Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. ORDINANCE NO. 320 Page 85 of 312 Chapter 17.22 COMMERCIAL RECREATIONAL (CR) DlSMCT SeGli 17.22.010 Purpose. 17.22.020 Uses and development permitted. 17.22.030 Uses and development permitted by Conditional Use Permit. 17.22.040 Operation and maintenance. 17.22.050 Development standards. 17.22.010 Pur oom. This district permits those entertainment and recreational activities which are of a commercial nature, provided that a conditional use permit is obtained. 17.22.020 Uses and development 12ermifted. Only the following uses and developments may be conducted or constructed: A. Temporary special uses and developments, if a Special Use Permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); B. Commercial filming or photography, if a City Film Permit is first obtained, pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code; C. Recycling centers, pursuant to chapter 17.58 (Recycling); D. Temporary vendors, as approved pursuant to chapter 17.62 (Special Use Permits); E. Other uses as provided in any applicable overlay or special districts; and F. Other similar uses determined by the director to be similar to the uses described in section 17.22.010 of this chapter. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure.) 17,22.03Q Uses and deyelopMenj 12ermiftpd by gondftional use . The following uses may be permitted in the commercial recreational (CR) district pursuant to a Conditional Use Permit, as per chapter 17.60 (Conditional Use Permit): A. Any new or re-established use which is of an entertainment, visitor serving, or recreational nature,' including but not limited to a resort/conference hotel, restaurant, limited theme retail, tennis court, golf course, and other entertainment and banquet facilities compatible with existing uses and the surrounding area. Such use, if located within the coastal specific plan district, shall be required to provide public access to and along the bluff and coastline; ORDINANCE NO. 320 Page 86 of 312 B. Flower and produce stands, wholesale plant nurseries, the growing of crops and similar commercial/agricultural uses; C. Bed and breakfast inns; D. Churches; E. Commercial antennas, pursuant to section 17.76.020 (Antennas and Satellite Dishes); F. Golf courses, driving ranges, and related ancillary uses; G. Helistops; H. Private educational uses, including nursery schools and day nurseries; 1. Public utility structures; J. Outdoor active recreational uses and facilities; and K. Such uses as the planning commission deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Section 17.80.050 (Hearing Notice of Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. 17.._..0. Operation and maintenance. All uses shall be operated and/or maintained in a manner that does not create a public nuisance. A. All buildings or structures that are not in use or operation shall be secured in a manner approved by the director. B. Routine landscaping and ground maintenance shall continue whether or not the use is currently in operation or open to the public. C. Any use located within the coastal specific plan district shall be operated and maintained to preserve public coastal access, whether or not the use is currently in operation or open to the public. Such access may be restricted on a temporary basis, with the approval of the director if necessary to protect the public health, safety and welfare. D. Ten percent (10%) of any required parking shall be designated as public parking for coastal access as indicated by the Coastal Specific Plan (p. U-18 Policy No. 3.) ORDINANCE NO. 320 Page 87 of 312 17-22.050 Upvelol2ment standards. A. Lot Area. The planning commission may modify the minimum lot size for any lot pursuant to a Conditional Use Permit. B. Landscaping. All landscaping, including the parking lot landscaping required by section 17.50.040 (Non-residential Parking and Loading Standards), shall be provided at a two-to-one (2:1) ratio to at-grade surface parking to provide additional buffering and screening around such facilities. Any landscaping shall be designed and maintained in a manner that prevents significant obstruction of public and private views as defined in section 17.02.040 (Single Family Residential Districts.) Landscaping and irrigation plans must be approved by the director and the approved landscaping planted before a certificate of occupancy is issued. Landscaping shall be coordinated with the building design and site layout to provide open space, accents, relief, screening and buffering. C. Design. 1. Standardized architectural styles, forms, and roof types, established through contractual agreements with franchisers and used repetitively throughout Southern California, state-wide, and nationally, shall be avoided. 2. Design based on the unique character of the site, including topography, climate, orientation, location, and history, is encouraged. 3. Visually interesting designs incorporating variations in horizontal and vertical planes, setbacks, bulk, materials, and colors are encouraged. D. Height. Buildings above sixteen (16) feet in height may be permitted by the planning commission pursuant to a Conditional Use Permit provided that: 1. The proposed height is determined to be consistent with the goals and policies of the coastal specific plan, particularly as related to view and open space preservation; 2. The proposed height results in the provision of additional public open space and the creation or protection of identified visual corridors; 3. . The proposed height is compatible and in visual scale with the overall development concept for the property; and 4. The structure, at the proposed height, does not significantly impair a public or private view as defined section 17.02.040 (Single Family Residential Districts), and is designed in a manner that minimizes view impairment. ORDINANCE NO. 320 Page 88 of 312 ARTICLE III. INSTITUTIONAL AND CEMETERY DISTRICTS Chapter 17.26 INSTITUTIONAL, (1Q[aTRIC T Sed ns: 17.26.010 Purpose. 17.26.020 Uses and development permitted. 17.26.030 Uses and development permitted by conditional use permit. 17.26.040 General development standards. 17.26.060 Expanding existing development. , 17,26.010 E!Urggse. The Institutional District provides for the wide range of major, public and quasi-public, institutional and auxiliary uses established in response to the health, safety, educational, cultural, and welfare needs of the city in efficient, functionally compatible, and attractively planned administrative centers, medical centers, cultural centers, educational institutions, and similar uses in conformance with the general plan. 17.26.020 Uses and development permifted. Only the following uses may be conducted or constructed in institutional districts: A. Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); B. Commercial filming or photography, if a city film permit is first obtained, pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code; C. Recycling centers, pursuant to chapter 17.58 (Recycling); D. Temporary vendors, if a temporary vendor permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); E. Minor professional and retail commercial uses (such as small offices for bookkeeping, consulting, management and mail order or small businesses that create or assemble a product for sale off-site) which are clearly ancillary to the major use, if the applicant can demonstrate to the director's satisfaction that the proposed use would not result in adverse impacts to on-site or surrounding land uses from additional traffic, noise, parking and signage. No use shall involve the sale of any goods on-site. The manufacturing of goods may be permitted, if the manufacturing is primarily non- mechanical (such fis assembling earthquake kits, gift baskets and floral arrangements) and is minor and clearly ancillary to the site's primary use. Written notice of the director's decision shall be given pursuant to section 17.80.040 (Hearing Notice and Appeal Procedures). Written notice shall be given to all owners of property adjacent to the .subject property. Notice of denial shall be given only to the applicant. Any interested ORDINANCE NO. 320 Page 89 of 312 person may appeal the director's decision to the planning commission and the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this.title; and F. Other uses as provided in any applicable overlay or special districts. 1 Z.20-030 Uses and develol2meot gp,[Mifted ' ' ' . The following uses may be permitted in the institutional district, pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits): A. Public facilities owned or used and operated for governmental purposes by the city, the county, the state, and the government of the united states of america, and any special district or other local agency; B. Educational facilities used and operated for educational purposes, including ancillary uses and developments which are operated by the educational institution and are part of, and necessary to, the educational program of the institution; C. Churches, temples, or other places used primarily for religious services, including parochial schools and convents; D. Clinics and sanitariums, including animal hospitals; E. Sanitariums, nursing homes, rest homes, homes for the aged, homes for children, and homes for mental patients; F. Recycling dropoff/collection facilities and community service recycling programs, pursuant to chapter 17.58 (recycling); G. Bed and breakfast inns; H. Cemeteries; I. Commercial antennas, pursuant to section 17.76.020 (Antennas and Satellite Dishes); J. Developments of natural resources, except in the coastal specific plan district; K. Helistops, in conjunction with another use allowed by this chapter; L. Public utility structures; M. Outdoor active recreational uses and facilities; and N. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. 17.26.040 General development standards. The following standards apply to institutional districts: F. Setbacks. ORDINANCE NO. 320 Page 90 of 312 1. Front and Street Side. On lots which abut a dedicated street, the front and street side setbacks shall be twenty-five (25)feet. On lots which abut a private or non-dedicated street, the front and street side setbacks shall be fifty-five (55)feet. 2. Interior Side and Rear. The interior side and rear setbacks shall be twenty (20) feet. G. Building height. Institutional buildings erected in the City shall have a building height not greater than sixteen (16) feet and shall not exceed one story, except with the approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permits). C. Roof Equipment. All roof equipment shall conform to the height limits specified in section 17.48.050 (Lots, Setbacks, Open Space and Building Height) of this title and shall be adequately screened from adjacent private properties and the public right-of-way. D. Parking, loading and access. The provisions of chapter 17.50 (Non- residential Parking and Loading Standards) of this title shall apply. Where an institutional district abuts a residential district, additional parking requirements may be imposed by the director or planing commission if warranted by a proposed project or use. E. Transportation Demand Management Development Standards. All development shall be subject to the applicable transportation demand and trip reduction measures specified in section 10.28.030 (Transportation Demand Management and Trip Reduction) of this municipal code. Any transportation demand or trip reduction measures required pursuant to section 10.28.030, shall be implemented in accordance with all applicable standards and specifications of this title. F. Deliveries and Mechanical Equipment. Where an institutional district abuts a residential district, all deliveries of goods and supplies; trash pick-up, including the use of parking lot trash sweepers; and the operation of machinery or mechanical equipment which emits noise levels in excess of 65 dBA, as measured from the closest property line to the equipment, shall only be allowed between the hours of 7 a.m. and 7 p.m., monday through sunday, unless otherwise specified in an approved conditional use permit or other discretionary approval. G. Signs. The provisions of section 17.76.050 (sign permit) shall apply. H. Storage. Except for those outdoor uses permitted by a conditional use permit or special use permit, all maintenance and groundskeeping equipment shall be housed in permanent, entirely enclosed, structures. 1. Lighting. All exterior lighting in institutional zoning districts shall conform to the performance standards of section 17.56.040 (Environmental Protection.) Before any development is approved, a plan showing the locations and specifications of all exterior lighting shall be submitted for review and approval by the director. J. Where an institutional district abuts a residential district, buffering and screening technigdes shall be utilized along the abutting district boundary line, and additional setbacks for structures, parking, and activity areas may be imposed by the director and/or planning commission. 17.26.050 dina existina dQVQIODmeat. Any expansion of an existing development ORDINANCE NO. 320 Page 91 of 312 in the institutional district involving either a new structure or an addition to an existing structure, which creates at least five hundred (500) square feet of additional floor area, shall require the approval of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits). Expansions or additions of less than five hundred (500) square feet shall also require the approval of a conditional use permit, if the existing development is a non-conforming structure or a nonconforming use pursuant to chapter 17.84 (Nonconformities.) Interior remodeling shall not require a conditional use permit, provided that no change or intensification of the existing use to a use which requires a conditional use permit results from the remodeling. All expansions, additions and alterations are subject to the development standards described in section 17.26.040 of this chapter and the provisions of chapter 17.84 (Nonconformities.) ORDINANCE NO. 320 Page 92 of 312 Chapter 17.28 CEMETERY (Q) 1T Secti 17.28.010 Purpose. 17.28.020 Uses and development permitted. 17.28.030 Uses permitted by conditional use permit. 17.28.040 General development standards. 17_,28.010 E!urgo1g. The cemetery district provides for the permanent interment of human remains. ,17_28._Q2Q Uses and deveioornent emitted. Only the following uses may be conducted or constructed in cemetery districts: A. Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); B. Commercial filming or photography, if a city film permit is first obtained, pursuant to chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this municipal code; C. Temporary vendors, if a temporary vendor permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); and D. Other uses as provided in any applicable overlay or special districts. 17,28,030 1jaes and development germitted ' ' ' . The following uses may be permitted in the institutional district, pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits): A. Burial park for earth interments, mausoleums for vault or crypt interments, and/or columbarium for cinerary interments; B. Mortuary; C. Associated sales and office uses directly related to the operation of the cemetery, including flower sales; D. Churches; E. Developments of natural resources, except in the coastal specific plan district; F. Public utility structures; and G. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). If a proposed use or development is ORDINANCE NO. 320 Page 93 of 312 located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. 17=28.040 General deyglogMenf.standards. The following standards shall apply to cemetery districts: A. Setbacks. The following setback provisions apply to all structures and below grade interments: 1. Front and Street Side. The front and street side setbacks shall be twenty-five (25)feet. 2. Interior Side and Rear. If abutting a residential zoning district, the interior side and rear setbacks shall be forty (40)feet. If abutting a non-residential zoning district, the interior side and rear setbacks shall be twenty-five (25) feet. B. Building height. The maximum height of any building shall be sixteen (16) feet, except with the approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permit.) C. Roof Equipment. All roof equipment shall conform to the height limits specified in section 17.48.050 (Lots, Setbacks, Open Space Area and Building Height) and shall be adequately screened from private properties and the public right-of-way. D. Signs. The provisions of section 17.76.050 (Sign Permit) shall apply. E. Parking, loading and access. The provisions of chapter 17.50 (Non- residential Parking and Loading Standards) of this title shall apply. Where a cemetery district abuts a residential district, additional parking requirements may be imposed by the director or planing commission if warranted by a proposed project or use. F. Storage. Except for those outdoor uses permitted by a conditional use permit or special use permit, all maintenance and groundskeeping equipment shall be housed in permanent, entirely enclosed structures. G. Lighting. All exterior lighting in cemetery zoning districts shall conform to the performance standards of section 17.56.040 (Environmental Protection.) Before any development is approved, a plan showing the locations and specifications of all exterior lighting shall be submitted for review and approval by the director. H. Transportation Demand Management Development Standards. All development.shall be subject to the applicable transportation demand and trip reduction measures specified in section 10.28.030 (Transportation Demand Management and Trip Reduction) of this municipal code. Any transportation demand or trip reduction measures required pursuant to section 10.28.030 (Transportation Demand Management and Trip Reduction), shall be implemented in accordance with all applicable standards and specifications of this title. I. DeOeries and Mechanical Equipment. Where a cemetery district abuts a residential zoning district, all deliveries of goods and supplies; trash pick-up, including the use of parking lot trash sweepers; and the operation of machinery or mechanical equipment which emits noise levels in excess of 65 dBA, as measured from the closest property line to the equipment, shall only be allowed between the hours of 7 a.m. and 7 ORDINANCE NO. 320 Page 94 of 312 p.m., monday through sunday, unless otherwise specified in an approved conditional use permit or other discretionary approval. J. Where a cemetery district abuts a residential zoning district, buffering and screening techniques shall be utilized along the district boundary line, and additional setbacks for structures, parking, and activity areas may be imposed by the director and/or planning commission. ORDINANCE Na. 320 Page 95 of 312 ARTICLE IV. OPEN SPACE DISTRICTS Chapter 17.32 OPEN SPA QE HA RQ WK) DISTRICT s9ecti 17.32.010 Purpose. 17.32.020 Establishment. 17.32.030 Uses and development permitted. 17.32.040 Uses subject to Conditional Use Permit. 17.32.050 Uses subject to city council review and approval. 17.3.E ,rQgae. The Open Space Hazard District prevents unsafe development of hazardous areas that must be preserved or regulated for public health and safety pur- poses. Theis district provides for limited recreational use of land without permanent structures, except those approved herein. All applications for development of permanent structures submitted pursuant to this chapter shall not be deemed complete until geotechnical and/or soils reports, which analyze development of the proposed structures, have been submitted and approved by the City's geotechnical staff. 1 2,,,32.020 Establishment. Lands shall be placed in the Open Space Hazard District when the use of said land would endanger the public health, safety, and welfare. Open space hazard districts shall include: A. Areas where the existing natural slope exceeds thirty-five percent (35%), areas experiencing downslope movement, areas unstable for development, areas where grading or development of the land may endanger the public health and safety due to erosion or flooding, and the ocean bluffs; and Be Areas subject to flooding or inundation from stormwater. 17.32,030 Uses and developmme_n_t permitted. Land in open space hazard districts may be used for the following, provided that the applicable natural overlay control district (OC-1) performance criteria established in chapter 17.40 (Overlay Control Districts) is satisfied: H. Outdoor passive recreation uses, such as parks, trails, and other suitable facilities; Be The preservation of areas of outstanding scenic, geologic, historic, or ORDINANCE NO. 320 Page 96 of 312 cultural value; C. The preservation of natural resources, including, but not limited to, plant and animal life; D. The regulation of areas for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous conditions; E. The conservation of water supply land, including, but not limited to, watershed and groundwater recharge areas; F. Single-family residential structures existing on June 26, 1975. Such structures may be replaced, repaired, restored, or moved to a more suitable and stable location in accordance with the provisions of municipal code section 15.20.040(B) (Moratorium on Land Use Permits), if such structures have been damaged or destroyed due to a geologic hazard or a hazard other than a geologic hazard. The applicant shall comply with any conditions of approval, including., but not limited to, the abatement measures listed in section 15.20.050 (Moratorium on Land Use Permits) determined to be applicable by the city's geotechnical staff; G. Remedial grading and grading, as per section 17.76.040 (Grading Permit); H. Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); I. Commercial filming or photography, if a City Film Permit is first obtained, pursuant to municipal code chapter 9.16 (Still Photography, Motion Picture and Television Productions); J. The growing of crops and/or fruits on one (1) acre or less for noncommercial purposes; and K. Other uses as provided in any applicable overlay or special districts. 17.32.040 Uses subiect-to Qonditio-nal Use Per . The following uses and developments may be permitted in an open space hazard (OH) district pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits): A. Comfort stations; B. Maintenance buildings, larger than one hundred twenty (120) square feet in area and up to four hundred (400) square feet in area; C. Public utility structures; D. Limited outdoor active recreational uses which do not involve permanent structures or significant alterations to the existing topography and which do not involve golf courses, driving ranges and related ancillary uses; E. Agricultural and horticultural uses of more than one (1) acre, as long as such uses will not turther increase hazardous conditions, alter the nature of other permitted uses, or eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency; and F. Additional facilities, as long as such facilities are not permanent,,are clearly ORDINANCE NO. 320 Page 97 of 312 accessory and subordinate to the primary use, will not alter the nature of, and are limited to, those facilities necessanj for utilization of the open space land. 17.32.050 Uaeasu.biect to city council review and an roval. A. The following uses and developments may be permitted only with city council review and approval of a site plan review application: 1. Self-contained chemical toilets; 2. Maintenance buildings, not to exceed one hundred twenty (120) square feet; and 3. Access to a lawful use or lot is permitted in the open space hazard (OH) district, provided: a. No other practical access to such use or lot is available; b. Such access will not alter the character of the premises in respect to permitted uses in the open space hazard district; C. Such access will not further increase hazardous conditions or alter the nature of the permitted uses; and d. Such access will not eliminate any coastal sage scrub habitat, unless the habitat impacts are mitigated to the satisfaction of the city and appropriate state or federal resource agency. B. The city council, in approving the site plan review application, must find as follows: 1. That the uses and developments: a. Are not permanent, with the exception of access, b. Are clearly accessory and subordinate to the primary use, C. Will not alter the nature of the open space land, d. Are limited to those facilities necessary for utilization of the open space land; and 2. That the site plans comply with the provisions of chapter 17.70 (Site Plan Review). ORDINANCE NO. 320 Page 98 of 312 Chapter 17=34 OPEN SPACE RECREATION (0R)ISTRICT 17.34.010 Purpose. 17.34.020 Applicability. 17.34.030 Uses and development permitted. 17.34.040 Uses and development permitted by conditional use permit. 17.34.050 Development standards. 17.34.01 Q_,,Eumom. The open space recreation district (or) provides open space for outdoor recreation, including, but not limited to, areas particularly suited for park and recreational purposes, including access to beaches, natural drainage channels, and areas which serve as links between major recreation and open space reservations, including utility easements, banks of natural drainage channels, trails, and scenic corridors. 17,34.020 8gl2licabifty. A. when land is in public ownership: 1. Public parks, playgrounds, wildlife preserves, and viewing areas; 2. Drainage channels, banks of natural drainage channels, watercourses, corridors, accessways, and easements; and 3. Active recreational uses. B. Privately owned land upon formal agreement between the owner and the city for a specific.period of time: 1. Land which is in its natural condition; 2. Land which is in agricultural or horticultural use; and 3. Active recreational uses. 17.34.030 Uses and development permitted. Only the following uses may be constructed or conducted in open space recreation districts: A. Drainage channels, watercourses, parkways, trails, and utility easements; B. Public Recreational Uses. Those in the coastal specific plan district shall be compatible witH, and incidental to, the uses set forth in the coastal specific plan; C. Agriculture and horticulture; D. Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); E. Commercial filming or photography, if a city film permit is first obtained, ORDINANCE NO. 320 Page 99 of 312 pursuant to municipal code chapter 9.16 (Still Photography, Motion Picture and Television Productions); F. Recycling centers, pursuant to chapter 17.58 (Recycling); G. Temporary vendors, if a temporary vendor permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); and H. Other uses as provided in any applicable overlay or special district. 17.34.040 Usegi and dey!Qlogment g2erMitted by cgnditional usp, . The following uses may be permitted in the open space recreation district pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits): A. Privately-owned recreational areas of an open nature, stables, parks, playgrounds, wildlife preserves, and such buildings and structures as are related thereto; B. Residential structures for a caretaker and family; C. Commercial antennas, pursuant to section 17.76.020 (Antennas and Satellite Dishes); D. Developments of natural resources, except in the coastal specific plan district; E. Golf courses, driving ranges and related ancillary uses; F. Helistops, in conjunction with another use allowed by this chapter; G. Public utility structures; and H. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. 2.34.050 Development standards. The following development standards shall apply to all privately owned land and structures in the open space recreation district: A. Minimum lot size. No lot shall be created with an area of less than one (1) acre, except that the planning commission may permit a smaller lot or may rezone a smaller lot to the open space recreation district upon finding that such smaller lot will provide for an open area which is to be used by the general public or a group of property owners. ORDINANCE NO. 320 Page 100 of 312 B. Building height. Institutional buildings erected in the City shall have a building height not greater than sixteen (16)feet and shall not exceed one story, except with the approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permits). C. Lot coverage. Lot area covered by buildings or structures shall not exceed ten percent(10%) of the total lot area. D. Parking. Parking spaces for private uses shall be provided as required by the planning commission. Such requirement shall be based on the requirements of this title for uses similar to the proposed use. (For parking area development standards, see chapter 17.50 (Non-residential Parking and Loading Standards). ORDINANCE NO. 320 Page 101 of 312 ARTICLE V. SPECIAL DISTRICTS Chapter 1Z.3$. SPECIFIC PLAN DISTRICTS Se 17.38.010 Purpose. 17.38.020 Establishment. 17.38.030 Area delineation. 17.38.040 Content. 17.38.050 Conflict with other code provisions. 17.38.060 Specific Plan District 1. 17.38.070 Specific Plan District II. 17.38.080 Specific Pian District III. 17.38.090 Specific Plan District IV. 17-38-010 Purpose. A specific plan district designates functionally interrelated geographic areas where detailed studies are being conducted. These studies shall provide the means for coordinating, balancing, and regulating the development of property within a specific plan district in order to provide consistency with the goals of the general plan. 17.38.02,0 Es. tablisbment. The planning commission may, or if so directed by the city council, shall, designate districts for which specific plans shall be prepared based on the general plan and recommend regulations, programs, and legislation as may, in its judgement, be required for the implementation of the general plan. A specific plan district may be designated while a specific plan is in progress or following its completion. The planning commission may recommend such plans and measures to the city council for adoption according to the provisions of california government code sections 65450 through 65457, which are incorporated into this chapter by this reference, as if fully set forth. 17,38.030 Area delineation. Each specific plan district must encompass an identifiable, functionally interrelated, geographic area. A definite boundary shall be shown or described, although the plan documents may show or provide information concerning land outside the area for reference purposes. 17.38.040 Con#.ont. A specific plan may include maps, plans, diagrams, models, and text, which shall include, at a minimum, the information required by california government code sections 65451 and 65452. 17.38.050 Conflict with other code provisionra. In the event that the regulations or ORDINANCE NO. 320 Page 102 of 312 requirements of a specific plan district are in conflict with other applicable provisions of this title, the specific plan shall govern. 17.38.060 Spec fclean, distri; j. Specific pian district I is the coastal specific plan district. This district comprises all land seaward of palos verdes drive south and palos verdes drive west as indicated on the city official zoning map. The provisions and requirements for this district are set forth in chapter 17.72 (Coastal Permits.) 17.38.070 apecific lan 'strict ll,. Specific plan district it encompasses the southwest. corner of caddington drive and western avenue (28821-28947 western avenue.) The plan strives to provide a safe, convenient, and attractive commercial development related to the needs of the area. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director. 17.38.080 9gecific glan district lll. Specific plan district III encompasses the west side of western avenue, south of crestwood street to the city boundary (29505-29701 western avenue.) The plan establishes a guide for the comprehensive renovation of the existing commercial development. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director. 17L38..09Q Sa,_fg..p,1gn district 1V. Specific plan district IV encompasses all properties which front on the west side of western avenue from, and including, 29019- 29421 western avenue. This area is located between specific plan districts ii and iii. This plan encourages quality renovation and development that builds on the opportunities available to this area and eliminates, or reduces, the constraints this area faces. The plan proposes cohesiveness in design to suggest an identity for the site as well as for the city. The current specific plan which sets forth the requirements and standards for this district is on file in the office of the director. ORDINANCE NO. 320 Page 103 of 312 Qbagter 17.40 QYERLAY CONTROL_D, IST.RICTS 17.40.010 Purpose. 17.40.020 General exclusions. 17.40.030 Designation and effect of overlay control districts and district maps. 17.40.040 Natural overlay control district (OC-1) and regulations. 17.40.050 Socio-cultural overlay control district (OC-2) and regulations. 17.40.060 Urban appearance overlay control district (OC-3)and regulations. 17.40.070 Automotive service station overlay control district (OC-4) and regulations. 17.40.010 Purgose. Overlay control districts provide criteria which further reduce potential impacts which could be directly created or indirectly induced by proposed and existing developments in sensitive areas of the city. These areas have been defined by the general plan and other studies to be sensitive areas due to unique characteristics contributing significantly to the city's form, appearance, natural setting, and historical and cultural heritage. Therefore, this chapter: B. Regulates the manner in which specifically identified critical lands within the city are used and maintained, in order to ensure a proper relationship between inherent, unique features of these lands and urban uses, both existing and future; C. Enhances watershed management, controls storm drainage and erosion, and controls the water quality of both urban runoff and natural water bodies within the city; D. Maintains and enhances land and water areas necessary for the continued survival of valuable land, and marine-based wildlife and vegetation; E. Maintains and promotes the historic and archaeological heritage of the community; and F. Maintains and enhances the visual aspects of the community and its setting, including significant views and overall visual qualities which characterize and define the community. The use of overlay control districts provides more flexibility in the design and implementation processes in terms of the mitigation opportunities available to deal with the unique and varied conditions within these districts which will enhance both the proposed use and the unique properties of the areas within these districts. 17.40.Q2Q General exclusions. The general provisions of this chapter shall not apply to: ORDINANCE NO. 320 Page 104 of 312 A. Removal or clearing of vegetation for the purpose of fire protection, such as the establishment of fuel breaks and fire breaks, thinning, or brush clearing, provided such removal or clearing of vegetation follows a plan approved by the county fire department or other applicable approvals required by the city, state, or federal government; and B. Maintenance or improvement of any public road, utility, drainage structure, or similar public service facility within a right-of-way or easement owned by a government or government agency at the effective date of the ordinance codified in this title. The land coverage provisions of this chapter shall not apply to the use, development or alteration of any public road constructed by any governmental agency. 1.7.40,030 Denianation and effiect of overlay Control districts and district maps. A. Establishment of districts. In order to carry out the purposes of this chapter, the following districts and symbols therefore, are created: Distr Symbol Natural overlay control district OC-1 Socio-cultural overlay control district OC-2 Urban design overlay control district OC-3 Automotive service station overlay control OC-4 district B. Maps and other permits. No permit shall be issued by any permit-issuing authority for the use, development, or alteration of land within an overlay control district unless the permit applicant presents evidence of compliance with the criteria and regulations of this chapter. C. Effect of districts. 1. The criteria established by this chapter for each overlay control district shall apply to any use, development, or alteration of land included in each district, unless otherwise specified in this chapter. 2. The districts established by this chapter shall be combined with the base zoning districts established by this title and may be combined with each other. In the case of any land for which contradictory criteria or regulations exist because of the combining of districts, the more restrictive criterion or regulation shall apply. 3. The inclusion of land within an overlay control district shall be indicated on all maps and plans submitted to the city as part of a development application by the district symbols established in subsection a of this section. D. Exceptions. Where physical or cultural features or developed areas existing on the ground at the effective date of the ordinance codified in this title are at ORDINANCE NO. 320 Page 105 of 312 variance with the indicated overlay control district boundaries, the determination may be made by the director, with appeal to the planning commission and city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title, that the requirements of this chapter do not apply. Said determination shall be made in compliance with section 17.88.030 (Zoning Map.) 17.40.040 Natural Overlav Control District (OC-11) and reaulations. A. Purpose. The natural overlay control district (OC-1) is established to: 1. Maintain and enhance land and water areas necessary for the survival of valuable land and marine-based wildlife and vegetation; and 2. Enhance watershed management, control storm drainage and erosion, and control the water quality of both urban runoff and natural water bodies within the city. B. Application. The following lands and waters shall be included in this district and shall be maintained in compliance with the criteria of this section, unless otherwise excluded: 1. All lands identified in the natural environment element of the general plan under category RM-5 (Old Landslide Area) and all lands identified in the coastal specific plan under categories CRM-3 (Hazard), CRM-4 (Marginally Stable), and CRM--5 (Insufficient Information); 2. All lands identified in the natural environment element of the general plan under category RM-6 (Hydrologic Factors); and all lands identified in the coastal specific plan under categories CRM-7 (Flood/inundation Hazard) and CRM-8 (Hydrologic Factors), including all identified major and minor natural drainage flows, storm channels and storm drains existing on April 25, 1975, the effective date of ordinance no. 78 of the city, storm channels and drains proposed after that date, and outfall areas; 3. All water areas identified in the natural environment element of the general plan under category RM-7 (Marine Resource), including all intertidal marine resources, tide pools, and the ocean waters and bottom within the projected boundaries of the city to the legally established, three-mile offshore limit, and all ocean beaches, bluffs, and cliffs; 4. All lands identified in the natural environment element of the general plan under category RM-8 (Wildlife Habitat) and lands identified in the Coastal specific plan under category CRM-9 (Wildlife Habitat); 5. All lands identified in the natural environment element of the general plan under category RM-9 (Natural Vegetation) and all lands identified in the coastal specific plan under category CRM-10 (Natural Vegetation), also including such areas as are within category RM-8 (Wildlife Habitat) described in this section; and 6. All such lands and water areas which may be added to any of the above categories, pursuant to chapter 17.68 (Zone Changes and Code Amendments). C. Performance criteria. The following criteria shall be used in assessing any ORDINANCE NO. 320 Page 106 of 312 and all uses, development, and alterations of land included in this district and shall provide that these actions not: 1. Cover or alter the land surface configuration by moving earth on more than ten percent(10%) of the total land area of the portion of the parcel within the district, excluding the main structure and access; 2. Alter the course, carrying capacity, or gradient of any natural watercourse or drainage course which can be calculated to carry over one hundred (100) cubic feet per second once in ten (10) years; 3. Fill, drain, or alter the shape or quality of any water body, spring, or related natural spreading area of greater than one (1) acre; 4. Develop otherwise permitted uses within fifty (50) feet of the edge of a watercourse or drainage course which can be calculated to carry more than five hundred (500) cubic feet per second once in ten (10)years; 5. Clear the vegetation from more than twenty percent (20%) of the area of the portion of the parcel within the district, or remove by thinning more than twenty percent (20%) of the vegetation on the parcel, excluding dead material and excluding those brush clearance activities necessary for fire protection; 6. Use herbicides to control or kill vegetation; 7. Remove vegetation within a designated wildlife habitat area; 8. Cover more than twenty percent (20%) of a parcel known to contain sand, gravel, or other materials which may aid in natural beach replenishment; 9. Alter the characteristics of the surface soils so as to allow surface water to stand for over twelve (12) hours; make the soil inadequate as a bearing surface for pedestrian, equestrian, bicycle, or motorized emergency vehicle access; make the soil unstable and subject to sliding, slipping, or water or wind erosion; 10. Result in chemicals, nutrients, or particulate contaminants, or siltation being discharged, by stormwater or other runoff, into a natural or manmade drainage course leading to the ocean or any other natural or manmade body of water; 11. Propose a sewer or waste water disposal system involving the spreading, injecting, or percolating of effluent into the ocean or into the soil of a natural or manmade drainage course, if alternative locations are available; 12. After, penetrate, block, or create erosion or significant change of the area within one hundred (100) feet of an ocean beach or top edge of an ocean bluff or cliff; 13. Alter, penetrate, block, or create erosion on the shoreline measured at mean high tide or after the characteristics of the intertidal marine environment; 14. Alter, dredge, fill, or penetrate by drilling, the ocean floor within the jurisdiction of the city; or 15. Alter any land area which has previously experienced massive downslope movement, so as to reactivate or create conditions which could lead to the reactivation of downslope movement. D. Additional materials may be required. Specialized studies may be required ORDINANCE NO. 320 Page 107 of 312 by the director or director of public works for particular locations, sites, or projects within this district, including, but not limited to: grading report, soils report, drainage report, biota report, water quality report, or other scientific and engineering studies. 17.40,050 Socio-cultural ' gl (QC-2)-andreaulations. A. Purpose. The socio-cultural overlay control district (OC-2) is established to: 1. Preserve, protect, and maintain land and water areas, structures, and other improvements which have significant historical, archaeological, or cultural importance; and 2. Provide for the designation, protection, and maintenance of land and water areas and improvements which may be of unique scientific or educational value. B. Application. The following lands, improvements, and waters shall be included in this district and shall be maintained in compliance with the criteria of this chapter, unless otherwise excluded: 1. All land areas, structures and improvements described in the historical resources section of the general plan and coastal specific plan, and sites designated in specific information on file with the director, as well as any additional land areas, structures and improvements which may be designated by the city as'being of historical significance; 2. All land areas within two hundred (200) feet of the site boundaries of any of the above or subsequently designated areas of historical significance; 3. All known and probable archaeological and paleontological sites, as designated in specific information on file with the director, as well as any additional sites which may be added as the result of information provided by qualified authorities in these fields; 4. General areas designated as archaeologically sensitive in the general plan and.coastal specific plan, including all land and water areas within the city's jurisdiction to seaward of palos verdes drive west and palos verdes drive south; all un- developed land areas south of crest road between the crenshaw boulevard right-of-way and hawthorne boulevard; 5. All land and water areas within two hundred (200) feet of designated, known, or probable archaeological and paleontological sites and within two hundred (200) feet of the defined boundaries of the general areas designated as archaeologically sensitive by this section or by the general plan; 6. All land and water areas within the jurisdiction of the city which, at the time of April 25; 1975, the adoption of ordinance no. 78 of the city, have been designated and generally delineated by recognized authorities, agencies, or institutions as being of scientific or educational value, and which are so designated in information on file with the director, as well as any subsequently designated areas; and 7. All such land and water areas, structures, and improvements ORDINANCE NO. 320 Page 108 of 312 which may be added to any of the above categories as a result of the specific plan process or other detailed planning studies by the city. C. Performance criteria. The following criteria shall be used in assessing any and all uses, developments, and alterations of land included in this district, and shall provide that these actions not: 1. Result in the blockage or impeding of views and controlled physical access by easement or passage to land and water areas, as well as improvements, covered by this chapter when such views or access are deemed to be critical to the historical, archaeological, paleontological, scientific, or educational value of the designated site, areas, or improvement; 2. Be related to the development of otherwise permitted uses in lands adjacent to and surrounding those areas in the district in such a way as to prevent the proper functioning of these permitted uses without significant exception to these performance standards, thus tying this district to other uses in a non-severable manner; 3. Result in modifications to terrain, vegetation, or other natural features which serve to protect designated archaeological and paleontological sites and sensitive areas from the effects of wind and other climatic factors, including natural or manmade water runoff, or which would similarly alter adjacent lands within two hundred (200) feet of the boundaries of lands covered by this district in such a way as to render lands within the district susceptible to such impacts; 4. Result in the use or conversions of such designated historical, archaeological, paleontological, scientific, or educational lands, water, or improvements as commercial profit-making ventures open to the general public without the application of specific approval and control by the city over hours, types, intensities, purposes, fees, and other operations of such areas or facilities, including organized tours by motor vehicle, bicycle, pedestrian, or boat; and 5. Result in the provision of inadequate security protection against vandalism or uncontrolled public exposure to archaeological or paleontological sites under excavation or study, historic structures, or areas undergoing renovation or maintenance, or scientific or educational research being conducted on-site. D. Additional materials may be required. Specialized studies may be required by the director for sites, areas, structures, or other improvements covered by both the specific designations and intent of this district, including, but not limited to historic analysis, architectural history analysis, applications and supporting material as may be required by the national historic preservation act of 1966 or any subsequent state, county or city historic preservation legislation or regulations, detailed archaeological or paleontological studies in support of an environmental impact report by qualified authorities, evidence of the scientific and other bases for any designation of an area covered by this district as being of significant scientific or educational value. 17.40.060 Urban appearance overlay control district (OC-3)--and regulations. A. Purpose. The urban appearance overlay control district(OC-3) is ORDINANCE NO. 320 Page 109 of 312 established to: 1. Preserve, protect, and maintain land and water areas, structures, and other improvements which are of significant value because of their recreational, aesthetic, and scenic qualities, as defined in the visual aspects portion of the general plan and the corridors element of the coastal specific plan; 2. Preserve, protect, and maintain significant views and vistas from major public view corridors and public lands and waters within the city which characterize the city's appearance as defined in the visual aspects.portion of the general plan and the corridors element of the coastal specific plan; 3. Ensure that site planning, grading, and landscape techniques, as well as improvement planning, design, and construction will preserve, protect, and enhance the visual character of the city's predominant land forms, urban form, vegetation, and other distinctive features, as identified in the general plan and the coastal specific plan; and 4. Preserve, protect, and maintain significant views of and from slope areas within the community which characterize the city's dominant land form appearance. B. Application. The following lands, water, and improvements shall be included in this district and shall be maintained in compliance with the criteria of this section, unless otherwise excluded: 1. All visual accents, view corridors, adjacent lands, impacting corridors, and viewing areas, as generally defined by the general plan and the coastal specific plan; 2. All vehicular thoroughfares which are or may be designated within the city as scenic highways under the provisions of state, county, or city law, including lands which may fall within the scenic corridors within which these highways are located; and 3. All such lands and water areas which may be added to any of the above categories as a result of the specific plan process or other detailed planning studies by the city. C. Performance criteria. The following criteria shall be used in assessing any and all uses, developments, and alterations of lands included in this district, and shall provide that these actions not: 1. Result in the change in elevation of the land or construction of any improvement which would block, alter, or impair major views, vistas, or viewsheds in existence from designated view corridors, view sites, or view points at the dates of adoption of the general plan and the coastal specific plan in such a way as to materially and irrevocably alter the quality of the view as to arc (horizontal and vertical), primary orientation, or other characteristics; 2. Cause the removal or significant alteration of structural focal points and natural focal points, as defined and designated in the general plan; 3. Cause the mass and finish grading or any topographic alteration which results in uniform, geometrically terraced building sites which are contrary to the ORDINANCE NO. 320 Page 110 of 312 natural land forms, which would substantially detract from the scenic and visual quality of the city, which would be contrary to the grading criteria contained in section 17.76.040 (grading permit) or which would substantially change the natural characteristics of a drainage course, identified natural vegetation or wildlife habitat area; 4. Create site plans, building, or other improvement designs which would result in other significant changes to the natural topography or which would prevent or hinder the use of naturalized minimum grading techniques to restore an area to its natural contours; 5. Grade any area or remove vegetation from such an area without replacing such areas with properly drained, impervious surfaces or suitable vegetation within six (6) months of the commencement of such activities; 6. Propose the use of any vegetative materials which are not compatible with the visual, climatic, soil, and ecological characteristics of the city or which require excessive water; 7. Create a cut or embankment with a slope greater than three feet horizontal to one-foot vertical (3:1) and more than fifteen (15) feet in total elevation which is located adjacent to a publicly maintained right-of-way or area unless an agreement with the city for the vegetation and perpetual maintenance of such slope at no cost to the city is executed and bonded; and 8. Result in changes in topography or the construction of. improvements which would block, alter, or otherwise materially change significant views, vistas, and viewshed areas available from major private residential areas of the community which characterize the visual appearance, urban form, and economic value of these areas. D. Additional materials may be required. Specialized studies may be required by the director for sites, areas, structures, or other improvements covered by both the specific designations and intent of this district, including, but not limited to, detailed grading plans, including cross-sections; cut-fill analyses and other supportive information; landscape plans; visual analyses, including sightline, viewshed, and view corridor; and three-dimensional models to illustrate important aspects of the proposed activity. 17.40.070 Automotive service station overlay control district (OC-4) and reaulations. The automotive service station overlay control district is established to encourage service stations to remain in the city in order to address the following concerns. The recent trend toward conversion of service stations and automotive repair businesses on the palos verdes peninsula to non-automotive service uses has resulted in an increasing unavailability of essential automotive services to residents of the city, including automobile refuelirig and emergency services. Furthermore, closure of service stations and conversion to other uses creates an increase of automobile traffic in the city going to those converted uses, which correspondingly increases the need for automotive service uses and service stations. Thus, at the same time that automotive service uses are disappearing, the need for additional automotive services is increasing. The tension ORDINANCE NO. 320 Page 111 of 312 created by the dwindling supply of locations to obtain automotive services and the increased need for those services is detrimental to the public health, safety and welfare. Accordingly, the automotive service overlay control district (OC-4) is hereby created to facilitate the establishment and continuation of businesses which provide automotive services in the city. A. Applicability. The automotive service overlay control district permits uses upon approval of a conditional use permit which provide automotive services to the residents of rancho palos verdes and visitors driving within the city. Notwithstanding section 17.84.050 (nonconformaties), uses which provide automotive services and are located within the automotive service overlay control district shall be considered conforming uses, regardless of the base zoning district and whether a conditional use permit has been approved for the use. The automotive service overlay control district shall be limited to the following eight (8) sites: EXISTING yy "" - •yy 42't:•,l•'+,ea. i Y."Gr,•... +.4rai.sa;" ii rt.R.. Y�/S .. yy r:_a'•:y ,,..::•.::. V C.. spa .i GE.,NrE RAL PLAN:: . j n•ER.y. .F • ". 0.N IN' , . :l�I+CNAV V''USL. Nt.:!Yr.';5;.': :.: :L.; i''Sry .. '+i.k:A•. 1.,.,:w.. sus jt[fie..v.: 2>.: i ''"''' ^';` p—{.:'. .iS.l si).;Y•%;y i"ri ..:Y1.4ii%t% z^;-` sae DESIGNATiG{ : :...:= ;:a.•,:r,..a :.;..::.. :.:..: :':,. 1. 31186 Hawthorne Commercial Retail Commercial Boulevard Neighborhood (CN w/CUP) 2. 29501 Miraleste Plaza Commercial Retail Commercial Limited (CL w/CUP) 129701 Western Avenue Commercial Retail Commercial General (CG w/CUP) 4. 29421 Western Avenue Commercial Retail Commercial General (CG w/CUP) 5. 27774 Hawthorne Residential RM-8 Boulevard (6-12 DU/acre) 6. 28105 Hawthorne Residential RS-4 Boulevard (2-4 DU/acre) 7. 28732 Highridge Road Institutional I 8. 5656 Crest Road Residential RS-2 (1 DU/acre) ji B. Uses permitted with a conditional use permit. In addition to the existing uses ORDINANCE NO. 320 Page 112 of 312 permitted under the base zoning district, the following uses shall be allowed in the OC-4 district. 1. Full-service gasoline stations which provide automotive repair services in addition to the sale of gasoline or other alternative fuels; 2. Automotive repair businesses; 3. Self-service gasoline stations (without full service facilities); 4. Car washes; 5. Smog testing businesses; 6. Oil/fluid change businesses; 7. Sales of automotive products (e.g., tire sales); and 8. Sales of items such as prepared foods, beverages, and other sundry items, as deemed appropriate by the planning commission,to be clearly ancillary and subordinate to a service station use. If the planning commission finds that the ancillary use is not limited to vending machines,then the planning.commission shall analyze the proposed ancillary use pursuant to the criteria set forth in section 17.76.080 (convenience stores). C. Development guidelines. The following development guidelines shall be used to review automotive service uses within the OC-4 zone when a conditional use permit is required by this code for a specific development project. In such cases, the OC-4 development guidelines described herein shall supersede the development standards contained in section 17.76.090 (automobile service stations). Additions or expansions to automotive uses located within the automotive service overlay control district which do not require the approval of a conditional use permit shall be reviewed using the development standards of section 17.76.090 (automobile service stations.) The guidelines listed below may be deviated from, as determined by the planning commission to be appropriate, in individual cases for the uses permitted in section 17.40.070(b) of this chapter. 1. Lot Area. The minimum area of a site for an automotive service use shall be twenty thousand (20,000) square feet, with a minimum frontage of one hundred (100) linear feet on each street side. For those properties with more than two (2) pump islands and three (3) service bays, there shall be two thousand (2,000) additional square feet of lot area for each additional pump island; and two thousand (2,000) additional square feet of lot area for each additional service bay. 2. Setbacks. The minimum setback shall be ten (10) feet from any property line. This shall apply to any part of the structure, canopies or building. Pump islands shall be set back twenty (20) feet from any property line. 3. Building size. Buildings which include service bays shall not be less than one thousand two hundred (1,200) square feet (exclusive of canopies.) 4. Building height. The maximum allowable building height shall be consistent with the underlying zoning, and shall be compatible with the surrounding uses, as determined by the planning commission 5. Curb cuts and driveways. There shall be no more than two (2) vehicular driveways on any one street. No driveway curb cut shall be closer than five (5) feet from the beginning of the curb return at the corner of an intersection. No ORDINANCE NO. 320 Page 113 of 312 driveway shall exceed a width of thirty-five (35) feet. Driveway curb cuts shall be a minimum of twenty-five (25)_feet apart. Entrances to an abutting commercial development or combined driveways will be encouraged to facilitate good circulation. 6. Parking. Parking of vehicles on-site is prohibited except for vehicles which are in the process of being serviced, vehicles belonging to employees, and service and tow trucks owned by the establishment. The parking of vehicles which impede the view of traffic on the public streets is prohibited. 7. Perimeter walls. Walls may be required on the property lines and along the street planted areas, if the planning commission determines that the site should be buffered from abutting properties, due to incompatibility with adjacent uses. 8. Refuse area. An enclosed refuse area, to be integrated with the design of the structure, shall be provided to meet the specifications of the city. 9. Restrooms. All restroom entrances shall be screened from view of adjacent properties or public rights-of-way by solid decorative screening, which is subject to the review and approval of the planning commission. 10. Utilities. No building permit for a new structure or an addition to an existing structure which adds twenty-five percent (25%) or more to the floor area shall be issued, unless plans to place all utilities underground are reviewed and approved by the planning commission. 11. Lighting. All exterior lighting shall be so arranged end shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting under canopies or on the building shall be covered with diffusing lenses and shielded. 12. Landscaping. Landscaping plans shall be subject to the review and approval by the planning commission. There shall be the following minimum landscaping: a. The ten-foot setback along the street frontages shall be landscaped, except where there are driveways. Planting shall not exceed three (3) feet in height, except for trees; and b. Eight percent(8%) of the total site shall be landscaped in addition for that required under section 17.40.070(C)(1) of this chapter. All landscaped areas shall have permanent automatic irrigation systems and shall be kept well maintained. All planting areas shall be surrounded by six-inch P.C.C. curbs, unless they have higher planter walls. 13. Off-site improvements. Off-site improvements, including curb, gutter, sidewalk, pavement, street lights, and street trees are required to be installed by the developer. Th6se improvements must meet city.specifications. Where future installation is approved by the city, performance bonds are required. 14. Drainage. All drainage to the street shall be by underground drainage structures to avoid drainage across the surface of city walks or drive aprons. All drainage shall comply with this title and any other title of the municipal code and any ORDINANCE NO. 320 Page 114 of 312 other applicable laws. 15. Paving. All areas not planted or developed with a building must be paved to meet city specifications (minimum three-inch asphalt concrete). 16. Signage. a. For those sites developed consistent with the underlying zoning district, (e.g., commercial neighborhood, commercial limited, commercial general, residential, and institutional), the sign criteria for the underlying zoning district shall apply. b. For those sites developed with automotive service uses consistent with OC-4 zoning, signage shall conform to the requirements of section 17.76.050(B) (sign permits). D. Operations. The following guidelines apply to those uses permitted under section 17.40.070(B) of this chapter. 1. Hours of operation shall be as follows: f'• .;i+• tri: S ^i: '.:.�;,: �TYPE.0olS It4p..5 DA'T : '+ ••t..is ,• . ..f. i.. `S: w •} ?.,r ":+';!. :.ii,Yl.S'3.'•+'. ..may ` . �PE" •�T�o� oP�1�►T�ON '.. �A N ..�. Automotive Repair Monday- Saturday 8:00 a.m. to 5:00 p.m. Ancillary Retail Businesses Monday- Saturday 9:00 a.m. to 6:00 p.m. Sale of Gasoline, and Retail Sales Monday -Thursday 6:00 a.m. to 10:00 of Automotive Items (if allowed) at Friday - Sunday p.m. 6:00 a.m. to Full or Self-Service Stations 12:00 a.m. All hours of operation may be subject to further review and approval by the planning commission. 2. Permitted outdoor operations shall be limited to the following: a. The retail sale of petroleum products; b. The supply of air and water; C. Auto washing by hand, where an area of not more than five hundred (500) square feet is used; d. Waxing and polishing automobiles; e. Tire changing; f. Battery servicing charging and changing; and g. Installation of minor accessories, e.g., windshield blades and arms, gas caps, lamps, lamp globes, and performance of minor repair jobs. 3. There shall be no body and fender work, painting, repair and rebuilding of electrochemical batteries, or other work of a similar nature. 4. The rental of cars or trailers is specifically prohibited. 5'. The operation of an approved automotive service station use ORDINANCE NO. 320 Page 115 of 312 shall not cause noise exceeding sixty-five (65) decibels to be audible at the property line of any adjacent residential property. 6. If approved by the city, any mechanical car wash shall be enclosed within a structure and shall not cause noise exceeding sixty-five (65) decibels to be audible at the property line of any adjacent residential property. The property owner is responsible to demonstrate annually that the car wash is in compliance with this noise requirement. E. Abandonment. If the operation of any use all in the OC-4 zone is suspended for more than one hundred eighty (180) days, and such suspension is not a result of work ordered to be performed by the city or any other governmental entity, the use shall be deemed abandoned. It shall then become the responsibility of the property owner to destroy and dispose of any and all structures and equipment on the lot and return the condition of the lot to a buildable site. ORDINANCE NO. 320 Page 116 of 312 Chapter 17.42 RESIDENTIAL PLANNED DEVELOPMENT. SectiQns. 17.42.010 Purpose. 17.42.020 Applicability. 17.42.030 Uses and development permitted. 17.42.040 Development standards. 17.42.010 Pumooae. The purpose of the residential planned development (RPD) is to provide greater flexibility in the design of residential developments by encouraging: A. A more creative and imaginative approach to the design of residential developments; B. A variety of housing types and environments; C. A more efficient and harmonious use of the land and natural resources; D. The retention of greater amounts of open space and amenities for recreational and visual enjoyment; E. The preservation and enhancement of valuable natural areas; F. Compatibility with surrounding areas. 17.42.020 Applicability. A. These provisions shall, upon application by a property owner for a residential planned development permit pursuant to chapter 17.74 (Residential Planned Development Permit), apply to any parcel or parcels in unit ownership, or to be combined in unit ownership, as a condition of approval of a residential planned development permit. B. Once a development under these provisions is initiated, the residential planned development permit, the general development plan upon which it is based, and the conditions attached thereto (except as they may be amended) shall be binding upon the applicants, their successors, and assigns; shall run with the land; and shall regulate the construction, location, use, and maintenance of all land and structures within the development. C. The residential planned development designation may be combined with any single-family residential district, thereby requiring application for a residential planned developm6nt, when the city council finds that such zoning is necessary to promote the policies of the general plan or coastal specific plan. The zoning designation on the official zoning map is "RS- (RPD)". ORDINANCE NO. 320 Page 117 of 312 17.42_,030 Uses and deveionment 12e-Emitted. The following types of development and uses may be permitted in any residential planned development pursuant to a residential planned development permit, in addition to any other use which is permitted in the underlying base zoning district: A. Single-family and multiple-family residential developments containing any type of housing units, including cluster developments and other variations from standard tract patterns and development standards, except hotels, motels, boarding houses or similar transient residential facilities shall not be permitted; B. Related recreational and community facilities for the use of the residents of the development; C. Minor commercial uses, provided that such uses are clearly incidental and auxiliary to the development and are designed for the sole use of the residents of the development; D. Public recreational uses; and E. Uses and developments permitted pursuant to chapter 17.02 (Single-Family Residential Districts) and chapter 17.04 (Multi-Family Residential Districts). 17.42,040 Development staodards. A. Density. The total number of dwelling units in any residential planned development shall not exceed the number allowed by the development standards of chapter 17.02 (Single-Family Residential Districts)for the base zoning district in which the property is located. In calculating density, areas of extreme slope (35% or steeper) and/or areas which are determined unsuitable for development, based on submitted and approved geologic reports, shall be excluded. Proposed net densities, housing types, and buffering shall be considered in light of their compatibility with surrounding land uses. B. Building standards. The following standards shall apply to all residential planned developments, with a conditional use permit: 1. The maximum building heights shall not exceed the limits allowed in the base zoning district. C. Common open space. 1. Common open and recreational space shall make up at least thirty percent (30%) of the subject property and shall include any permanent open area and any recreational structures and facilities to be held in a single or common ownership or dedicated for public use. Undevelopable areas or areas of extreme slope (35% or steeper) may be included as common open space area. Streets, parking areas, patios and yards for private use, and areas within an individually-owned, single-family lot shall not be considered common open space; however, portions of patio and yard areas in excess of the requirements of this chapter may be included in computing common open space, at the discretion of the planning commission, and need not be in one large area. 2. All common open space (including both commonly owned and ORDINANCE NO. 320 Page 118 of 312 dedicated open space, but excluding dedicated public parkland) other than structures or paved areas,shall be irrigated and landscaped by the developer as per an approved plan except where the planning commission finds that an area, because of its valuable natural beauty, topography, or hazardous condition would be more beneficial to the development and general public if left in a natural state. 3. If a subdivision is involved, all common open space shall remain in common ownership of all property owners in the development as provided by recorded covenants; however, where an open space area is required to serve residents of other developments and the general public, that area may, upon approval of the planning commission, be dedicated to the city or other appropriate agency designated by the city. No dwelling unit or lot may be sold or encumbered separately from an undivided interest in the common open space area not dedicated to the city. 4. Dedicated open space areas serving as public areas will, upon approval of the planning commission, be maintained by the city, any other appropriate agency designated by the city, or by the formation of a suitable assessment district. All commonly owned open space and recreational facilities shall be maintained by a homeowners' association or similar organization. 5. All land designated as open space shall be permanent open space by dedication of a fee title or easement, deed restriction, or by another method approved by the city. 6. In the coastal specific plan district the thirty percent (30%) minimum common open space, or an equal or greater percentage combining private and common open space areas, shall be sited in a manner that is visible from public roads or walkways and that preserves public views of the coast. This common open space shall not be fenced or screened in a manner that would block public views of the area and shall be sited as visual landscape area enhancing public vistas rather than as interior open space within developments. Greater clustering shall be encouraged, and the design of subdivisions, structures, and fencing shall seek to maximize visual open space throughout the developed areas, as viewed from public roads and viewing points. 7. In the coastal specific plan district, public paths through developed areas to the blufftop, the access corridor (including the blufftop road, bike, and pedestrian paths, and parking bays, as depicted in the coastal specific plan) and a usable public recreational area (not including steep bluff faces and gullies) seaward of corridor improvements shall be improved and either dedicated or permanently maintained through deed restriction for public use. These blufftop public use areas shall be in addition to the thirty percent (30%) common open space requirement. D. Private open space. A private open space shall be provided according to the open space requirements and standards set forth for the base zoning district. This area shall be adjacent to and provide a private, usable area for each dwelling unit. In cases where the planning commission finds that provision of all or part of this required private, individual open space is impractical or undesirable, all or part of the area required may be added to the required common open space area. E. Public utilities and facilities. The standards for any off-site ORDINANCE NO. 320 Page 119 of 312 improvements (streets, parkways, walks, drainage, and utilities) as required by the subdivision ordinance may be modified for a residential planned development upon the recommendations of the director of public works and director, and the approval of the city council. Street design shall relate to the function of the street. In hillside areas, and other areas where no on-street parking is necessary or permitted, street widths may be reduced. Innovation in street and walkway design, use of cul-de-sacs and loop streets, and reduction of grading for streets is encouraged. Vehicular access to individual lots or units shall generally be from local streets only. F. Parking. In single-family residential developments, the parking provisions of section 17.02.030 (Single-Family Residential Districts) shall apply. In multi- family residential developments, the following standards shall apply: 1. A minimum of two (2) garage spaces shall be provided for each dwelling unit; 2. A minimum of one uncovered parking space shall be provided for each dwelling unit with no or one bedroom and a minimum of two (2) spaces for each unit with two (2) or more bedrooms; 3. The uncovered spaces shall be in off-street parking areas, except that parallel, on-street parking may be permitted to meet up to one-half of the uncovered parking space requirement, if the planning commission finds this to be the only feasible method to provide required parking; 4. Parking spaces shall be individually accessible without the need for moving any vehicle to gain access to a space, except that the uncovered spaces may be in the driveway of the unit served. Required spaces shall be located within three hundred (300) feet of the dwelling unit served; 5. The number of uncovered spaces required may be reduced to one per dwelling unit, with approval of the planning commission, where the dwelling units are served with common off-street parking lots in close proximity to the residence; and 6. Consideration shall be given to the necessity of storage areas for boats, trailers and campers. ORDINANCE NO. 320 Page 120 of 312 Qbal2ter 17.44 AGRICULTURE,(A)-DISTBIQT Sect : 17.44.010 Purpose. 17.44.020 Uses and development permitted. 17.44.030 Uses subject to Conditional Use Permit. 17.44.040 Development standards. 17.44;010 Pu[pose. The purpose of the agricultural district is to provide for the preservation and restoration of agricultural uses. 17.44.020 Uses and development permiftpd. Only the following uses may be conducted or constructed in agricultural districts: A. Agriculture and horticulture uses, including the growing and raising of trees, vines, shrubs, berries, vegetables, nursery stock, flowers, hay grains and similar food and fiber crops; and B. Other uses as provided in any applicable overlay or special districts. 17.44.030 Uses and development permitted by Conditional use permit. The following uses may be permitted in the agriculture district pursuant to a conditional use permit, as per chapter 17.60 (Conditional Use Permits): A. Temporary and permanent stands for the sale of agricultural products produced on the premises; B. Wholesale plant nurseries; C. Storage structures for equipment and supplies necessary for a permitted agricultural use; D. Residential structures for a caretaker and family; and E. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the california coastal commission for a determination that the uses are similar and compatible with the local coastal program. ORDINANCE NO. 320 Page 121 of 312 17.44.040 Development stand, Ards. The following standards apply to agricultural districts: E. Minimum lot size shall be five acres. Smaller lot sizes may be permitted subject to a conditional use permit; F. Setbacks. Twenty-five (25) feet from all property lines; G. Building height is limited to sixteen (16) feet; H. Where an agricultural district abuts a residential district or coastal sage scrub habitat, buffering and screening techniques shall be utilized to protect any residential structures or habitat areas. ORDINANCE NO. 320 Page 122 of 312 Chanter.17.46 EQUE BRIAN OVERLAY (0),-QISTRICT Secti 17.46.010 Purpose. 17.46.020 Number of large domestic animals permitted without approval of a permit. 17.46.030 Boarding 17.46.040 Large domestic animal permit. 17.46.050 Conditional large domestic animal permit 17.46.060 Development Standards. 17.46.070 Equestrian committee. 17.46.080 Nonconformities. 17.46.090 Establishment of equestrian overlay (Q) districts. 17.41010 Pur case. Property in an equestrian overlay (Q) district may be used for the keeping of horses, other large domestic animals as defined in chapter. 17.96 (goats and sheep), and cows, subject to all applicable requirements of the municipal code and the provisions of this chapter. The equestrian overlay (Q) district provides regulations for the keeping of horses and other large domestic animals by property owners or lessees, where such use is clearly accessory to the allowable use of the land, as designated in the base zoning district. Such regulations and standards presume a reasonable effort on the part of the animal owner to preserve the rights of neighbors by maintaining and controlling his or her animals in a safe, sanitary, and healthy manner at an appropriate location. Thus, this chapter neither authorizes nor legalizes the maintenance of any private or public nuisance. 17.46.020 Number of lame doMe5tic animals permitted without approval of a A. Two large domestic animals may be kept or maintained on a developed lot or parcel having a gross lot area of at least 15,000 square feet. One additional large domestic animal may be kept or maintained for each additional 5,000 square feet of gross lot area, not to exceed a total of four large domestic animals. Foals under one year of age shall not be counted towards the maximum number of animals which are permitted. B. For purposes of this chapter, a lot or parcel on which the structure(s) consist solely of barns or stables not used for human habitation shall not be considered to be developed and shall be deemed vacant. However, the number of animals that may be kept on a developed lot or parcel pursuant to paragraph A of this section, also may be ORDINANCE NO. 320 Page 123 of 312 kept on a vacant parcel which is contiguous to the developed lot and is under the same ownership or control, if the number of large domestic animals is not increased above the number that is allowed on the developed lot pursuant to the provisions of paragraph A. 17.46.030 Boarding._ Other than the legal-nonconforming boarding of large domestic animals which may continue subject to the limitations set forth in Section 17.46.080 of this chapter, the boarding of more than four (4) large domestic animals on any vacant or developed lot or on any combination of contiguous lots or parcels which are owned or under the control of the same individual(s) shall be prohibited. For purposes of this chapter, boarding shall mean the keeping or maintaining of large domestic animals that are not owned by the owners or lessees of the lot or parcel on which the animals are being kept or maintained. 17-46,040 Lameomestic animal pg[ it. The following keeping of large domestic animals in an equestrian overlay (Q) district shall require the approval of a large domestic animal permit by the director, pursuant to the provisions of section 17.76.115(A) (large domestic animal permits) of this Title: A. The keeping of five (5) to six (6) large domestic animals on a developed lot or parcel; and B. The keeping of one (1) to six (6) large domestic animals on a vacant lot or parcel which is contiguous to a developed lot that is under the same ownership or control as the vacant lot, not to exceed a total of six (6) large domestic animals per lot. However, the permit required by this paragraph B shall not be required, if the keeping of the large domestic animals is permitted by section 17.46.020 of this chapter. 17. 6.050 Conditional large domestic animal permit. The following animal keeping in an equestrian overlay (Q) district shall require the approval of a conditional large domestic animal permit by the equestrian committee, pursuant to the conditional large domestic animal permit procedures contained in section 17.76.115(B) (large domestic animal permits) of this title: A. The keeping of one (1) to six (6) large domestic animals on a vacant lot or parcel that is not contiguous to a developed lot or parcel that is under the same ownership or control as the vacant lot or parcel; B. The keeping or maintaining of more than six (6) large domestic animals on any developed or vacant lot or parcel; C. The keeping of one (1) or more cows on a vacant or developed lot or parcel; D. Variations from the lot area requirements and development ORDINANCE NO. 320 Page 124 of 312 standards of this chapter by the keeper of the animals. Variations may include, but are not limited to: 1. The minimum lot or parcel size required to maintain large domestic animals; 2. The dimensions or locations of fences, enclosures, corrals, barns, and other structures, except that the thirty-five (35) foot minimum setback to habitable structures set forth in Section 17.46.060(A)(1) of this chapter cannot be reduced; 3. The screening requirements; and 4. The animal waste control requirements. 17-46.060 Development standards. A. In addition to the development standards governing development in the base zoning district, the following development standards shall apply: 1. No part of any structure or enclosure for the keeping or maintaining of large domestic animals shall be located within thirty-five (35) feet of(1) any structure used for human habitation, or(2) any required building setback line, on an adjacent property owned or controlled by a different person than the person owning or controlling the property where the animals are located, whichever is less. 2. Horses and cattle shall be maintained in a fenced corral or other area containing at least four hundred (400) square feet for each animal. For goats or sheep, the minimum area shall be two hundred (200) square feet for each animal. 3. Stables and barns shall be constructed and maintained in accordance with the building code of the city. 4. All fences and gates used for the enclosure of horses or other large domestic animals shall be of such design, materials, and construction as to pre- vent the escape of the animals. Fences enclosing horses or cows shall be not less than four (4) feet in height and shall be of the strength equivalent to that of a wood fence with four-by-four-inch (4"x 4") posts, no more than ten (10) feet apart, with three (3) two-by-six-inch (2"x 6") rails. Electrically charged wires shall be used only to supplement other fences, and Shall meet underwriter's standards for electric fences and shall cause no electric interference with radio and television reception on neighboring parcels. Warning signs shall be posted in a visible location, every one hundred (100) feet on the fence, warning that an electric fence is in use. Other electric fences and barbed wire fences are prohibited. ORDINANCE NO. 320 Page 125 of 312 B. In addition to the health and safety regulations provided in any other applicable statute, regulation or ordinance, the following provisions shall apply: 1. Each property owner or lessee is responsible for the continuous maintenance of sanitary conditions, including, but not limited to, the cleaning of corrals, stables, barns and other areas to which animals have access; and the proper disposal of manure, offal, soiled straw, and other refuse. Animal waste shall not be allowed to accumulate, runoff, or leach so as to create a nuisance or be offensive to other persons in the vicinity. Manure may be disposed of by removal from the lot or parcel by a city-licensed waste disposal company, or by composting. if waste or manure is to be composted, the composting material shall be kept in a composting bin, and the composting shall be performed in accordance with city approved composting procedures. Proper procedures must be used to control insects and to minimize offensive odors. 2. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to accumulate in any regular, intermittent, or seasonal watercourse. 3. Each lot and structure shall be maintained so that there is no standing surface water or ponding within areas in which large domestic animals are kept. 4. All buildings used for the keeping of animals and all corral or enclosure fences shall be constructed and maintained in a neat and orderly condition and kept in good repair. Landscaping, or other screening techniques, shall be provided as appropriate to assist in screening of stables, barns, corrals, composting bins and stored hay from public view and from adjacent properties. 6. Property owners or lessees who keep large domestic animals on their property shall carry out a program of fly control through such means as traps, pesticides, or natural predators. 6. No structure or enclosure for the keeping of large domestic animals shall be constructed or maintained in any regular, intermittent, or seasonal watercourse. 7. A weatherproof notice setting forth the name of the person(s) responsible for such animals and a phone number(s)to be called in the event of an emergency shall be displayed on, or in the vicinity of, any barn, stable enclosure, or other area in which large domestic animals are kept. 17.46,070 Fquestrian committee. A. Purpose. The purpose of the equestrian committee is to advise the director, planning commission and city council on technical matters pertaining to the implementation and enforcement of this chapter, to assist with the resolution of disputes ORDINANCE NO. 320 Page 126 of 312 regarding the keeping of large domestic animals, to discourage'the boarding of more than four horses and other large domestic animals, and to consider conditional large domestic animal permit applications in accordance with the terms and requirements of this Chapter and the procedures described in Section 17.76.115 (large domestic animal permits) of this title. B. Composition. The city council shall appoint an equestrian committee consisting of persons knowledgeable in the keeping and maintaining of large domestic animals. The committee shall consist of up to nine (9) volunteer members, who reside in the city. if practical, the committee shall consist of a majority of horse owners. C. Authority. The equestrian committee shall have the authority to: 1. Issue conditional large domestic animal permits in accordance with the provisions of this chapter, pursuant to the procedures described in section 17.76.115 (large domestic animal permits) of this-title; 2. Suspend or revoke large domestic animal permits or conditional large domestic animal permits pursuant to the procedures described in section 17.86.060 (Enforcement) of this title; and 3. Initiate proceedings for abatement of public nuisances described in Section 8.24.080 of this municipal code to remove large domestic animals from private property, or abate any other nuisance identified by the equestrian committee as being out of compliance with the requirements of this chapter. D. Appeal. The decisions of the equestrian committee may be appealed to the city council pursuant to the provisions described in chapter 17.80 (hearing Notice and Appeal Procedure) of this title. E. In the event the workload of the equestrian committee declines to an amount deemed by the city council to make the continuation of the equestrian committee impractical, the city council shall disband the equestrian committee and transfer its work to the planning commission. ,17.46.080 Nonconformities. Except as provided in this section, all existing buildings, structures, fences, enclosures, and uses of land, including the number of animals allowed by this chapter, which do not conform to the provisions of this chapter, but were existing as legal conforming uses or structures on February 1, 1997, shall be considered legal non-conforming uses and/or structures for purposes of this chapter. The owner of a pa,cel or use which has been rendered nonconforming by the provisions of this chapter sha I, file a written nonconformity statement with the director in order to establish a record of the nonconforming use or structure. The written statement shall be filed with the director within sixty (60) days after the effective date of the ordinance ORDINANCE NO. 320 Page 127 of 312 codified in this chapter. A. A written nonconformity statement shall include: 1. The ownership of the lot or parcel; 2. If the nonconformity involves the keeping of more than four large domestic animals on a vacant or developed lot or parcel, or on any combination of contiguous lots or parcels which are owned or under the control of the same individual(s), a statement identifying the owner of each animal kept on the subject property; 3. The conditions for which the waiver is requested; 4. Permission from the owner for a city representative to enter upon said lot or parcel to verify the nonconforming condition; and 5. Any additional information, as required by the director. B. Upon submittal of the written nonconformity statement to the director, the director or his or her representative, shall verify the nonconforming condition through a site visit to the property. Upon verification of the nonconforming condition, the director shall keep on file, a record of the nonconforming condition. C. Except as provided below, the acceptance and verification of a written nonconformity statement by the director, shall permit the nonconforming condition to continue in perpetuity: 1. The boarding of five (5) to eight (8) large domestic animals on a lot or parcel or on any combination of contiguous lots or parcels which are owned or under the control of the same individual(s), shall be permitted to continue until the lot(s) or parcel(s) is/are sold or transferred, or until February 1, 2007, whichever time period is longer. For purposes of this Section, change of ownership shall not include inter-spousal transfers in cases of divorce, transfers of property to the transferor's children or inheritance by a spouse or child. 2. Nonconforming conditions involving the boarding of more than eight (8) large domestic animals shall be discontinued within twelve (12) months after the effective date of this ordinance. i 3. The provisions of subparagraphs 1 and 2 of this paragraph C shall not apply to any lot or parcel or combination of contiguous lots or parcels which are owned or under the control of the same individual where the boarding of five (5) or more large domestic animals was being conducted lawfully on July 1, 1975. In such cases, the ORDINANCE N0. 320 Page 128 of 312 acceptance and verification of the written nonconformity statement by the director shall permit the nonconforming condition to continue in perpetuity. D. The director shall cause each nonconformity statement which is issued, to be recorded with the county recorder. The recorded document shall clearly describe the uses and/or structures that are allowed to continue on the property. E. If no written nonconformity statement has been submitted to the director pursuant to Section 17.46.080 of this chapter, or if the property owner does not allow the director or his/her representative to verify the nonconforming condition, it shall be presumed that the nonconforming condition was illegal at the time of adoption of this chapter. 17.46.090 Establishment of equestrian overlay (Q) districts. In addition to general zone change procedures, pursuant to chapter 17.68 (Zone Changes and Code Amendments) of this title, the following provisions shall apply to all applications for the establishment of an equestrian overlay (Q) district: A. An equestrian overlay (Q) district may be established where the pro- posed raposed district contains not less than five (5) acres and is separated by a buffer area of not less than thirty-five (35)feet from any lot or parcel of land which is used for residential purposes oris located in a residential zone and which is not within the equestrian overlay (Q) district. Such buffer area must be permanently established and may consist of either a public or private easement (other than a riding trail), a public street, highway or any other appropriate topographical separation which will provide an equivalent buffer area in keeping with the intent of this chapter. B. A petition for the establishment of an equestrian overlay (Q) district shall be signed by a majority of the property owners within the area under consideration as shown on the latest available assessment roll of the county. With each petition, the applicant(s) also shall file: 1. A map drawn to a scale specified by the director, showing the location of all highways, streets, alleys, and the dimensions of all lots or parcels of land within the proposed district and within five hundred (500)feet from the exterior boundaries of the property under consideration; 2. A list of the names and addresses of all persons who are shown on the latest available assessment roll of the county as owners of the property within the proposed district and as owning property within a distance of five hundred (500) feet from the,exterior boundaries of the proposed district; 3. Such other information as the director may require. The accuracy of all information, maps, and lists submitted shall be the responsibility of the ORDINANCE NO. 320 Page 129 of 312 applicant(s). C. The planning commission shall hold a public hearing on the petition. The planning commission shall cause notice of such hearing to be sent by first class mail, postage prepaid, to all persons listed on the petition. D. Prior to making a recommendation on a petition, the planning commission may forward the petition request to the equestrian committee for review. E. The planning commission shall recommend approval of a petition requesting the establishment of an equestrian overlay (Q) district to the city council for amendment to this title where the information submitted by the applicant(s) and/or presented at public hearing substantiates the following findings: 1. The horses and other large domestic animals kept or maintained within the proposed district will not jeopardize, endanger, or otherwise be detrimental to the public health, safety, or general welfare; 2. The keeping or maintaining of horses and other large domestic animals within the proposed district will not be a material detriment to the use, enjoyment, or valuation of property of other persons in the vicinity of the proposed district; and 3. That the lots or parcels within the proposed district are adequate in size and shape to accommodate horses and other large domestic animals. F. The planning commission shall deny the application where the information submitted by the applicant(s) and/or presented at public hearing fails to substantiate the findings required by paragraph E of this section to the satisfaction of the planning commission. G. The planning commission in recommending approval of the establishment of an equestrian overlay (Q)district may impose such conditions it deems necessary to ensure that animals permitted in such district will be kept or maintained in accord with the findings required by Section 17.46.090(E) of this chapter. However, in no instance may the commission impose conditions that are less stringent than the standards and regulations contained in this chapter. Conditions imposed by the planning commission may involve any pertinent factors affecting the establishment, operation, and maintenance of the requested use, including but not limited to: 1. The number and location of animals; 2. The type and construction of corrals, stables, or other structures used for the housing of such animals; ORDINANCE NO. 320 Page 130 of 312 3. Fencing requirements; 4. Required setbacks; and 5. The inclusion of riding areas and/or bridle trails within the proposed district. ORDINANCE NO. 320 Page 131 of 312 ARTICLE VI. USE AND DEVELOPMENT STANDARDS Chapter 17.48 LATS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT aecti 17.48.010 Purpose. 17.48.020 Lot area and dimensions. 17.48.030 Setbacks. 17.48.040 Open space area. 17.48.050 Building height. 17.48.060 Extreme slope. 17.48.070 Intersection visibility. 17.48.010 Purpose. This chapter clarifies, amplifies, and makes certain exceptions to district development standards pertaining to lot area and dimensions, setbacks, open space area and building height. This chapter also provides certain general development standards which apply to more than one zoning district. 17.48.020 Lot area and dimensions_. A. No lot shall be created with, or reduced to an area or dimension, less than the minimum lot area and dimensions required in the respective base zoning district, except as provided in chapter 17.42 (Residential Planned Development). Existing lots which have an area or dimension less than the minimum required shall not be reduced in area or in the insufficient dimension. B. - Lot width shall be the distance from side property line to side property line, measured at a point midway between the front and rear property lines, along a line parallel to a straight front property line or to a tangent at the midpoint of a curved front property line. C. Lot depth shall be the distance from the midpoint of the front property line to the midpoint of the rear property line. D. For lots with no rear property line, lot depth shall be the distance from the midpoint of the front property line to the point where the side property lines intersect. 17.48.030 Setbacks. Except as otherwise provided in this chapter, no building, structure, or portion of any building or structure, located under or above the ground, shall be constructed or extended closer to any street side, interior side, front or rear property ORDINANCE NO. 320 Page 132 of 312 line than the respective front, side or rear setback required in the district in which the property is located. On lots abutting a private street, setbacks shall be measured from the street easement line for measuring setbacks. 1. Property Line Designation. The following methods for determining a property line designation (front, side, street side, or rear) shall apply to all lots in the city. In cases of uncertainty, the director shall determine the appropriate property line designations. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure). 1. Front. For interior lots, the front property line shall be that property line abutting the primary public or private street of access. For corner lots, the front property line shall be the shorter property line abutting the primary public or private street of access. For corner lots where the front and street side property lines intersect on a curve, the front property line shall begin and the street side property line shall end at the midpoint of the curve. For flag lots, the front property line shall be that property line which most nearly parallels the public or private street of access and which abuts the pole, not including the pole. 2. Street Side. For corner lots, any property line other than the front or rear property line which abuts the public or private right-of-way shall be a street side property line. For wedge or triangular shaped lots with a straight or curved front property line, no rear property line shall exist. 3. Rear. The rear property line shall be the property line opposite and most distant from the front property line. 4. Interior Side. An interior side property line shall be any property line which does not abut a public or private right-of-way and which is not a front or rear property line. J. Future Right-of-way Lines. If any future street right-of-way line has been established by plan adopted by the city council, this line shall be considered to be the property line for purposes of determining setbacks. K. Hillside Setbacks. 1. Front Setbacks. Any lot having a grade of more than twenty-five percent (25%), as measured from the curbline to a point midway between the side lot lines and over a distance of fifty (50) feet from the front lot line, may have a front yard setback which is not less than fifty percent (50%) of the depth required for a front yard setback in the district in which said lot is located. Garages with driveways which directly access the street shall not be less than twenty (20)feet from the front or street side property line. 2. Side and Rear Setbacks. If the following conditions occur: a. There is a slope between building pads of adjoining lots held under separate ownership; b. The difference in vertical elevation between the top and the toe of the slope is six (6) feet or more; and c. The grade of the slope between the top and the toe of ORDINANCE NO. 320 Page 133 of 312 said slope is two feet horizontal to one foot vertical (2:1 or 50%) or greater then the following hillside setbacks shall apply: (1) On the downslope lot, the minimum distance between the toe of the slope and any portion of the main building shall not be less than one half(112)the vertical height of the slope (as measured from toe to top of slope), with a minimum of three (3) feet and a maximum of fifteen (15) feet; and (2) On the upslope lot, the minimum distance between the top of the slope and any portion of the main building shall not be less.than five (5) feet. L. Landscaping. In single-family residential (RS) districts, except for driveways, paved walkways and parking areas all of the required front and street-side setback areas shall be landscaped. In single-family residential (RS) districts, driveways, paved walkways and parking areas shall not cover more than fifty percent (50%) of the required front or street-side setback areas. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall-not be considered to be landscaping. M. Exceptions. 1. Architectural Features. Cornices, belt courses, and other similar architectural features may project into the required setback area not more than four (4) inches for each foot of the required setback, provided that no portion of such an architectural feature is located or projects below eight (8) feet above grade and provided that there are no vertical supports or members within the required setback area. Garden windows may project into the required setback area not more than four (4) inches provided that there are no vertical supports within the required setback area. Eaves may project into the required setback not more than six (6) inches for each foot of the required setback. 2. Fireplace chimneys. Chimneys may project two (2)feet into any required setback. 3. Minor Structures and Mechanical Equipment. Trash enclos- ures, storage sheds or playhouses less than one hundred twenty (120) square feet, doghouses, play equipment, fountains, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents, and other minor structures or mechanical equipment shall not be located in any setback area in residential districts except as specified below. a. Minor structures and equipment less than six (6) inches in height, as measured from adjacent finished grade, may be located in any required front, side, or rear setback. b. Minor structures and mechanical equipment which exceed six (6) inches in height, as measured from adjacent finished grade, may be permitted within an interior side or rear setback area by the director, through a site plan review application,,,provided that no significant adverse impacts will result and provided that: (1) Noise levels from mechanical equipment do not exceed 65 dBA as measured from the closest property line; ORDINANCE NO. 320 Page 134 of 312 (2) No part of any minor structure or mechanical equipment, exceeds six (6)feet in height(as measured from adjacent finished grade); (3) If located within a rear setback area which abuts a public or private street, the minor structure or mechanical equipment is not visible from the public or private street; (4) No part of any mechanical equipment, including but not limited to pool/spa equipment and air conditioning/heating equipment, extends within three (3) feet of the property line; and (5) No part of any minor structure extends within three (3)feet of the property line. However, minor structures may be allowed to abut the side or rear property line, provided that the minor structure: (a) Is placed adjacent to an existing solid wall; (b) Does not exceed the maximum height of the adjacent solid wall, up to a maximum of six (6)feet; (c) Is less than one hundred twenty (120) square feet in size; and (d) Is located a minimum of three (3) feet from an adjacent structure, unless the structures are parallel and abutting each other, as determined by the director. 4. Decks, walkways and paving. Decks, asphalt paving, concrete walkways or similar ground surfacing less than six inches in height(as measured from adjacent finished grade), shall not be subject to setback requirements. Decks (including any railing), six (6) inches to thirty (30) inches in height(as measured from adjacent finished grade), may be permitted in any setback area upon determination by the director, through a Site Plan Review Application, that no significant adverse impacts will result. 5. Swimming or Ornamental Pools. Swimming pools, spas, ornamental pools, and any other body of water measuring more than twenty-four(24) inches deed, may be located within an interior or rear yard setback, provided that no portion of said pool is located closer than three (3)feet from the property line. Ornamental ponds less than twenty-four(24) inches deep may be located within any required setback and may abut any property line. 6. Foundations and footings. Below grade foundations and/or footings for above ground main buildings may be located in any setback, provided that no portion of the foundation or footing is located closer than three (3) feet from the property line. 7. Subterranean Structures. Subterranean structures, including holding tanks, which are located entirely below grade shall not be extended any closer than half of the required setback to any property line or three (3) feet from the property line, whichever is greater. 8. Fences, Walls, and Hedges. Fences, walls and hedges may be permitted within any front, interior side, street side or rear yard setback pursuant to section 17.76.030 (fences, walls and hedges). ORDINANCE NO. 320 Page 135 of 312 F. Easements. Setbacks from legal easements shall not be required. In addition to the appropriate review and approval by the city, no construction of any structure or improvement is allowed within a legal easement without written authorization from the legal holder of the easement. Such authorization shall be in'a form that can be recorded and shall be reviewed by the city attorney. G. Garages. An applicant shall apply for a setback reduction through a variance application, as per chapter 17.64 (Variances), for converting a legally existing indirect access driveway to a direct access driveway, even in the case where no new square footage is to be added to the residence or garage. 17.48.040 .-Open, s ace area. An open space area, as defined in chapter 17.96 (Definitions), shall be provided on each lot with a residential structure and shall consist of the minimum area requirements established in the district development standards. Open space areas shall not include any structures, parking areas, or anything considered as lot coverage as defined in chapter 17.96 (Definitions). In multiple-family residential units, private outdoor decks and balconies with one minimum horizontal dimension of seven (7) feet which are designated for the exclusive use of the occupants of an individual unit may comprise up to thirty percent (30%) of required open space. 17,4a.Q50 Building h iQht. A. No portion of any building or structure shall exceed the maximum building height listed in the district development standards except as follows: 1. Antennas and satellite dishes and associated screening pursuant to section 17.76.020 (antennas and satellite dishes) of this code. 2. In non-residential zoning districts, penthouses or roof stru- ctures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, dormers, towers, church steeples, flagpoles, silos, water tanks or similar structures, upon determination by the director through a site plan review application, that the roof equipment or structures: a. Will not exceed the maximum ridgeline of the existing structure; b. May be erected above the height limits prescribed in this section pursuant to the requirements of the building code; and c. Will not cause significant view impairment from adjacent property. No penthouse, roof structure or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. 3. In residential zoning districts, skylights, solar panels, and vents/ducts required by the uniform building code, may exceed the height limits prescribed in this chapter, upon determination by the director, through a site plan review ORDINANCE NO. 320 Page 136 of 312 application, that the skylights, solar panels, and/or vents/ducts will not exceed the maximum ridgeline of the existing residence and will not cause significant view impairment from adjacent property. Chimneys, which can be safely erected and maintained at a height which exceeds the maximum ridgeline of a residence, may be approved by the director, pursuant to the requirements of the building code. B. Any roof-mounted equipment and/or architectural features which exceed the maximum building height listed in the district development standards and which do not meet the review criteria listed in section 17.48.050(A) of this chapter may be permitted upon determination by the planning commission, through a site plan review application, that the equipment and/or features: 1. May be erected above the height limits pursuant to the requirements of the building code; and 2. Will not cause significant view impairment from adjacent property. C. Notification of a site plan review application to the planning commission shall be given to the owners of all parcels located adjacent to the parcel on which the proposed roof-mounted equipment and/or architechtural feature is located. Notification shall also include all parcels which are located directly across any public or private right-of-way from the subject parcel. Notification shall be done using the last known county assessor tax roll. Upon approval by the planning commission of any struc- ture or architectural feature pursuant to section 17.48.050(B) of this chapter, the director shall provide written notice of that decision pursuant to section 17.80.040 (Hearing Notice and Appeal Procedure) of this title. Notice of denial shall be given to the applicant. Any interested person may appeal the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. D. Accessory Structures. Decks, playhouses, detached garages, pools or bathhouses, dressing rooms, saunas, jacuzzi and pool enclosures, gazebos, flag poles or any structures or buildings which are physically detached and incidental to the use of the main building are considered accessory structures. Such accessory structures shall be limited to twelve (12) feet in height, as measured from the lowest preconstruction grade adjacent to the foundation wall to the ridge. In cases of uncertainty, the director shall determine whether a structure is detached and incidental. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure). Upon a finding by the director that a detached garage or a flag pole will have no significant impact on views, the garage or pole may be exempted from the twelve (12)foot height limitation, but shall comply with any other height limitations of this code. 17.48.060 Extreme slope. No development or construction of any structure shall be allowed on any extreme slope (grade of 35% or greater), except as follows: ORDINANCE NO. 320 Page 137 of 312 A. Trash enclosures, enclosed mechanical equipment, or pool equipment located within an area of less than fifty (50) square feet, provided that the structures and/or equipment are not located more than six(6)feet from the top or toe of the slope, and are adequately screened from view from adjacent properties and the public right-of-way to the satisfaction of the director; . B. Structures and improvements allowed pursuant to section 17.76.060 (extreme slope permit); C. Satellite dish antennas allowed pursuant to section 17.76.020 (antennas and satellite dishes); D. Grading and retaining walls allowed pursuant-to section 17.76.040 (grading permit); E. Fences, walls and hedges allowed pursuant to section 17.76.030 (fences, walls and hedges); and F. At grade steps or stairs less than six (6) inches in height, as measured from adjacent existing grade. 17.48.070 intersection visibility, On corner lots located at the intersection of two or more highways, streets or common driveways or combinations thereof, in all districts, no fence, wall, hedge, sign, structure, shrubbery, mound of earth, or other visual obstruction over thirty (30) inches in height, as measured from the adjacent street curb elevation, shall be erected, placed, planted, or allowed to grow within the triangular space referred to as the "intersection visibility triangle." The "intersection visibility triangle" shall be the area formed by the intersection of extended curblines and a line joining points on the curb sixty (60)feet (measured along the curblines) from the point of intersection of the curbline extensions. A. in districts where the required front or street-side setbacks allow, and a building is constructed within the "intersection visibility triangle", fences, walls, structures or shrubbery may be allowed to exceed the prescribed height limit, if they are setback from the property line a distance equal to the setback of the constructed building. B. Trees located within the "intersection visibility triangle"which are trimmed to the trunk up to a minimum branch height of six (6) feet above the adjacent street curb elevation are exempt from these regulations. C. The "intersection visibility triangle"-shall be shown on all landscaping plans, grading plans, and tentative tract maps for related intersections when required by the director. In cases where an intersection is located on a vertical curve, a profile of the sight line may also be required by the director. Any landscape plan submitted shall show the common name, locations, and mature dimensions plotted to scale of all proposed trees, shrubs and plants within the "intersection visibility triangle". D. Proposed improvements or structures which exceed the thirty (30) inch height limit may be permitted in the "intersection visibility triangle" by the planning commission through a site plan review application, upon determination by the director of public works that the location and/or height of the existing or proposed structure within the "intersection visibility triangle" allows for the safe view of on-coming traffic by a driver ORDINANCE NO. 320 Page 138 of 312 approaching an intersection, and thus no intersection visibility impacts would result. Upon approval by the planning commission of any such structure or improvement, the director shall provide written notice of the planning commission's,deisron pursuant to section 17.80.040 (Hearing Notice and Appeal Procedure) of this title. Notice of denial shall be given to the applicant. Any interested person may appeal the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. ORDINANCE NO. 320 Page 139 of 312 Cha tteer_._17_,50 NON-RESIDENTIAL PARKING AND LOADING STANDARDS Sections: 17.50.010 Purpose. 17.50.020 Parking requirements. 17.50.030 Joint use and common parking facilities. 17.50.040 Development standards. 17.50.050 Loading. .1 7.50,010 PurQose. This chapter assures the provision of adequate off-street parking facilities in conjunction with any non-residential use or development. These standards should be considered the minimum required to preserve the public health, safety, and welfare, and more extensive parking provisions may be warranted in particular circumstances. 17.5O.Q20 Parkina requirg.rrients.. Parking shall be provided in accordance with the list of uses under this section. Where the standards result in a fraction, the next larger whole number shall be the number of spaces required. For additions to existing developments, the increased parking requirement shall be based only on the-addition. A minimum of two (2) spaces shall be provided for any use or development regardless of the size or scope of the use or development. If the specific use is not listed in the following table "50-A", the parking requirements listed in table "12-A" of section 17.12.040 (commercial districts) shall apply. Disabled parking shall be provided in accordance with the current state amended uniform building code. The number of disabled parking spaces required by the current state amended uniform building code shall constitute a portion of the total parking required under this section. TABLE 50-A USES PARKING SPACEBEQUIREMENTS Commercial recreation Billiard hall 2 spaces for each billiard table plus 1 space for every two employees Bowling alley 5 spaces for each lane Golf courses 6 spaces for each hole plus the established parking requirements for all ancillary uses, less a 25% credit Golf driving ranges 1 space for each tee plus 1 space for every two ORDINANCE NO. 320 Page 140 of 312 employees Health clubs and spas 1 space for every 150 square feet of gross floor area Hotels 1 space for each room for each of the first 100 rooms, 1/2 space for each room for each of the rooms thereafter, plus 1 space for every two employees Motels 1 space for each sleeping unit plus 1 space for every two employees Restaurants, bars and 1 space for every 3 seats; or 1 lounges space for every 75 square feet of dining room area, whichever is greater Skating rinks 1 space for every 750 square feet of gross floor area with a minimum of 25 spaces Stables 1 space for each paddock; or 1 space for every five horses, whichever is greater Swimming pools 1 space for every 100 square feet of watert-surface plus 1 space for each employee, with a minimum of 10 spaces Tennis, handball and 3 spaces for each court racquetball facilities Medical and healtb fagilities Convalescent homes, nursing 1 space for every 4 beds homes, homes for the aged, rest homes, and sanitariums Dental and medical clinics 1 space for every 250 square and offices feet of gross floor area Hospitals 1 space for every 2 patient beds Veterinary hospitals and 1 space for every 250 clinics feet of gross floor area ORDINANCE NO. 320 Page 141 of 312 Assemblv Auditoriums, theaters, 1 space for every 3 permanent churches, clubs and stadiums seats; or 1 space for every 50 square feet of assembly area, whichever is greater (18 linear inches of bench shall be considered 1 seat) Mortuaries and funeral homes 1 space for each hearse plus 1 space for every 2 employees plus 1 space for every 150 square feet of assembly area Educational uses Colleges and universities 1 space for every 2 full-time regularly enrolled students plus 1 space for every 5 student seats plus 1 space for every 2 employees/faculty Day nurseries and preschools 1 space for every employee plus 1 space for every 5 children or 1 space for every 10 children where a circular driveway is provided for the continuous flow of passenger vehicles (for the purpose of loading and unloading children) and which accommodates at least 2 such vehicles Elementary and junior high 2 spaces for each classroom schools High schools 1 space for every faculty member plus 1 space for every 6 students Libraries 1 space for every 300 square feet of gross floor area Trade schools, business 1 space for every 3 student colleges and commercial capacity plus 1 space for every schools employee/faculty Retail uses Food stores, grocery 1 space for every 250 square stores, supermarkets, and feet of gross floor area drug stores Furniture and appliance 1 space for every 350 square stores feet of gross floor area ORDINANCE NO. 320 Page 142 of 312 Automobile sales and rentals 1 space for every 350 square feet of gross floor area plus 1 space for every 2,000 square feet of outside sales area Service uses Automobile service, repair and gas station 1 space for every employee, plus 2 spaces for every service bay, plus 1 space for every vehicle used in connection with the use (such as tow trucks) Automobile washing and cleaning full-service 15 spaces plus 1 space for every two employees self-service 5 spaces for every 2 bays Financial institutions 1 space for every employee plus 1 space for every 250 square feet of gross floor area Barber shops and beauty 3 spaces for every barber chair salons or station Coin-operated laundromats 1 space for every 3 washing machines Dry cleaners 1 space for every 300 square feet of gross floor area plus 2 spaces for delivery vehicles Professional office 1 space for every 275 square feet of gross floor area 1T.50.030 Joint use and common parkina facilities. The planning commission may permit the joint use of parking facilities to meet the standards for certain uses under the following conditions: B. Up to one-half(1/2) of the parking facilities required for a primarily daytime use may be used to meet the requirements of a primarily nighttime use and up to one-half(1/2) of the parking facilities required for a primarily nighttime use may be used to meet the requirements of a primarily daytime use; provided, that such reciprocal parking arrangement shall comply with section 17.50.030(C) of this chapter. C. The parking facilities required for a primarily daytime use or for specific days of use may be used to satisfy up to fifty percent (50%) of the requirements for a church or school auditorium subject to requirements set forth in section 17.50.030(C) of this chapter. ORDINANCE NO. 320 Page 143 of 312 C. The parties concerned shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use is proposed and shall evidence agreement for such use by a proper legal instrument to which the city is a party. D. The planning commission may reduce parking requirements for common parking facilities by up to twenty-five percent (25%) in shopping centers or other commercial areas where a parking lot with common access and joint use is provided. 1750,040 De.v=pment standards. The following development standards shall apply to all parking areas with six (6) or more spaces: A. Parking lot permit. Anyone constructing a parking lot containing six (6) stalls or more, whether separate or in conjunction with a structure, shall obtain a parking lot permit as per section 17.76.010 (parking lot permit). B. Transportation Demand Management Parking Requirements. New non-residential developments shall be subject to the applicable transportation demand management parking requirements specified in section 10.28.030 (Transportation Demand Management and Trip Reduction) of the city's municipal code. C. Location. 1. Required parking facilities shall be on the same lot as the structure they are intended to serve, except that with proper legal agreement, the planning commission may approve parking on a separate lot. For sleeping or boarding facilities, including rest homes, dormitories, hotels and motels, the required parking shall be within one hundred fifty (150) feet of the building it is to serve. For all other uses, the required parking shall be within three hundred (300) feet of the building it is to serve. The above distances are to be measured along a legal and safe pedestrian path from the parking space to the nearest entrance of the building or use for which the parking is required. . 2. The required parking spaces may be located in interior side and rear setbacks. No parking space, either required or otherwise, shall be located in any required front or street-side setback area, unless the base zoning district regulations provide otherwise. D. Access. There shall be a minimum ten (10) foot wide, four(4) inch thick, concrete, slab vehicular accessway from a public street or alley to off-street parking facilities. Such accessway shall be designed to specifications approved by the director of public works. E. Screening. 1. Where a parking area abuts a residential district, the parking area and residential district shall be separated by a solid masonry wall not less than five (5) feet in height, except that this wall shall be forty-two (42) inches in height where it is in prolongation of the front setback area of an abutting residential use or district. The planning commission may waive this requirement if additional setback and screening planting, or landscaped berms are to be provided. 2. Where a parking area is across the street from a residential ORDINANCE NO. 320 Page 144 of 312 district, there shall be a border of appropriate landscaping not less than ten (10) feet in width, measured from the street right-of-way line, along the street frontage. F. Layout and Paving. 1. Parking areas shall provide for a twenty-five (25) foot outside turning radius within the facility and a thirty (30) foot outside turning radius into public alleys. 2. Parking spaces shall be arranged so that vehicles need not back onto or across any public sidewalk. 3. Off-street parking facilities shall be designed so that a vehicle within a parking facility shall not be required to enter a street to move from one location to any other location within that parking facility. Separate non-contiguous parking facilities may be provided with independent entrances for employees and visitor parking, provided the designated use of each lot is clearly identified on proposed plans and at the entrances to each lot. 4. No dead-end parking aisles serving more than five (5) stalls shall be permitted, unless the aisle is provided with a turnaround area installed in a manner meeting the approval of the director. 5. Bumpers, tire stops, or any other device deemed appropriate by the director, shall be provided along all pedestrian ways, access or, street or alley adjacent to any off-street parking area except where screening is located. 6. All parking areas shall be surfaced with asphaltic or cement concrete paving which is at least three (3) inches thick. 7. Standard parking stalls shall be designed in accordance with the standards and dimensions specified in the "parking lot layout" diagrams and tables contained in Exhibit"50-A" of this section. All parking stalls shall be clearly marked with lines, and access lanes shall be clearly defined with directional arrows to guide traffic. The appropriate parking lot striping, including whether parking stalls shall be single or double striped, as shown in the diagram contained in Exhibit"50-13" of this section titled "standard parking stall striping", shall be determined by the director. Except for parallel parking stalls, standard parking stalls shall be a minimum of nine (9) feet (width) by twenty (20) feet (depth) in area. Parallel parking stalls shall be a minimum of twenty six (26) feet in depth. Compact stalls shall be a minimum of eight (8) feet (width) by fifteen (15) feet (depth) in area and shall not to exceed twenty percent (20%) of the total number of approved spaces, unless a different size stall is authorized or required by the director or planning commission. Compact stalls shall be marked for compact use only. 8. All off-street parking spaces shall be clearly outlined with lines either painted on the pavement or indicated with special paving materials on the surface of the parking facility. 9. Parking aisle widths shall be in accordance with the dimensions and standards specified in the "parking lot layout" diagrams contained in exhibit"50-A" of this section. Deviations from the diagrams' standards may be approved by the director, if it is demonstrated to the satisfaction of the director of public works that alternative dimensions and standards will not result in adverse parking lot traffic ORDINANCE NO. 320 Page 145 of 312 circulation impacts. 10. Disabled parking spaces shall be in accordance with the dimensions and specifications of the state amended uniform building code. ORDINANCE Na. 320 Page 146 of 312 �a 01 8 3 iL r }�+' -7"p J.- je n � •° • r k. ..r x iays � •"). "� [.y: i..::."'•'.,..ti•'�4��.+'.'�J0 • . 'v �.x to ' • R.\ • .. .. .. J'. a Y.. •. '•'! 9' ..J ..a ; ... '•� 4i* ' .014 e '{414 rr f:; h S" 47 �.�. Ma 47 Iwow W.- i Ordinance No. 320, Exhibit 50-A Page 147-A t AL AL �': .. !}+r7f� x. �\.. .•• .s'f .� �4• ¢�,xµ•��+'..a�k� fi.. '.s. ' Y`T•.3�•'o - .. .. + Y �, - • dka c. o•r glad v.r v.,+ .. 'r w •S - •`tL .. .. , .. ,s w�r '« i .., •9 nt �^4 - r r .}n. - .. ,��-. 1.•�;• ^r_ � led*ff t mw V AMD ", < ,n. �' . .. of ••`'d':b ��' •. o ti} 674 42*1 ' n ... •.• yT,S ...r .. � N - - - S.• ,rn fin. INK ■' s VIV v r 40 n t Ordinance No. 320, Exhibit 50-A(cont.)and 50-B Page 147-B G. Landscaping. 1. A landscaped planter bed of at least five (5) feet in width shall be installed along the entire parking lot perimeter except for those areas devoted to perpendicular accessways. 2. A minimum of five percent (5%) of the paved parking area shall be devoted to interior planting areas. The extensive use of trees is encouraged to the extent that the trees do not significantly impair views from surrounding properties. All planting areas shall be at least three (3) feet wide. Perimeter planting shall not be considered part of this required interior planting. 3. Where topography and grading permit, parking lots shall be depressed and/or screened from view by landscaped berms and hedges. Where this is impractical, the use of decorative screening wails and hedges shall be provided. 4. Where trees already exist on the property, the design shall make the best use of this growth and shade. Such trees shall be protected by a tree well with a diameter sufficient to ensure their continued growth. The five percent (5%) interior lot area landscaping standard included in this chapter may be reduced to compensate for the retention of such trees. 5. Planting areas shall be distributed throughout the lot as evenly as possible, but variations from this pattern may be granted by the staff when a different pattern would result in the overall aesthetic improvement of the project. Innovation in design and materials is encouraged. 6. Wherever a center divider separates parking stalls facing each other, tree wells shall be established not more than fifty (50) feet apart for large trees (exceeding twenty (20) feet spread at maturity), or not more than thirty (30) feet for small and medium-sized trees. 7. A full-coverage, permanent, irrigation system shall be installed. Hose bibs shall be located at not less than two-hundred (200) foot intervals to allow for reinforcement of the system by hose-watering. 8. All plantings shall be maintained free of debris and in conformity with the accepted practices for landscape maintenance. 9. A six (6) inch high cement concrete curb shall be constructed at the edge of all landscaped areas. H. Drainage and Lighting. 1. All drainage from parking areas for six (6) or more cars shall be taken to a public street, alley, storm drain, or natural drainage course to the satisfaction of the director of public works and shall not pass over any public sidewalk. 2. Lighting provided to illuminate a parking area shall be hooded and arranged and controlled so as not to cause a nuisance either to highway traffic or to adjacent properties; and a lighting plan shall be provided as per section 17.56.040 (Environmental Protection) of this title. ORDINANCE NO. 320 Page 148 of 312 I. Seasonal or Peak Parking Areas. With the approval of the planning commission, the above development standards may be waived or conditionally waived for a portion of the required parking spaces where: 1. The applicant can show what portion of the required spaces are required only on a periodic basis, such as seasonal or once a week; 2. The parking area is planted in turf of a wear-resistant type; and 3. Provision is made for irrigation and maintenance of the turf J. Signs. The provisions of section 17.76.050(F)(9) (sign permit) shall apply. K. Usability. The required off-street parking facilities shall not be used for any purpose other than as required by this chapter. Unless otherwise provided by an approved conditional use permit, no owner or tenant shall lease, rent or otherwise make such required parking available to any person who does not occupy the premises for which the parking is required. 17,,50.050 Loading. The following off-street loading spaces shall be provided and maintained for all institutional and commercial uses other than office buildings. The loading spaces shall be not less than ten (10) feet in width, twenty (20) feet in length, and with fourteen (14) feet of vertical clearance. A. Total Sq Feet of Building Space Loading spaces (gross floor area) Required Commercial Buildino 31000 -- 15,000 1 15,001 -- 45,000 2 45,001 -- 75,000 3 75,001 -- 105,000 4 105,001 -- and over 5 Qgmmercial Outdoor Sales.(gross area) 0 -- 59000 1 51001 -- 45,000 2 45,001 -- 105,000 3 105,001 -- and over 4 Institutional 3,000 -- 20,000 1 20,001 -- 50,000 2 50,001 -- 80,000 3 80,001 --1101000 4 1101001 -- and over 5 ORDINANCE NO. 320 Page 149 of 312 B. When the lot upon which loading spaces are located abuts an alley, such spaces shall have access from the alley. The length of the loading space may be measured perpendicular to or parallel with the alley. Where such loading area is parallel with the alley and said lot is fifty (50) feet or less in width, the loading area shall extend across the full width of the lot. The length of a loading area need not exceed fifty (50) feet for any two spaces. C. Loading space required by this title may occupy a required rear or interior side setback, but not a required front or street side setback. Where the loading is permitted in a setback, said setback may be used in calculating the area required for loading, providing that there be no more than one entry or exit per sixty (F0) feet of lot frontage or fraction thereof. D. All loading spaces shall be separate, striped spaces in addition to the required parking spaces and shall not be located within a required parking lot driveway, backout space or aisle; except, that for commercial buildings with a gross floor area of less than fifteen thousand (15,000) square feet, the loading space may be located within a parking lot driveway, back-out space or aisle. E. No loading space shall be located on a dead-end driveway, accessway, aisle, or alley unless a turn-around circle with a minimum radius of ninety (90) feet is provided adjacent to the loading space. ORDINANCE NO. 320 Page 150 of 312 Chapter 17.52 DEDICATIONS, RIGHT OF-WAY IMPROVEMENTS. AN.D. OF.E-SITE IMPROVEMENTS., s9ecti 17.52.010 Purpose. 17.52.020 Applicability. 17.52.030 Required dedication of street right-of-way. 17.52.040 Required right-of-way improvements and off-site improvements. 17.52.050 Relief from required dedication or improvement. 17.52.010 Purposp-. This chapter assures dedication of street rights-of-way and the provision of all right-of-way improvements and off-site improvements, to the extent permitted by law, which are necessary and lacking along the street frontage of any lot, at the time of any construction on the lot. Such dedications and off-site improvements, as supported by the findings contained in this chapter and by individual findings,when specified herein, are hereby deemed to be reasonably necessary to meet the burdens created by the development and to assure public safety in access to, and use of, the facilities being constructed. 17.52.020 Agplicability. The necessary dedications and improvements, as described in this chapter, shall be dedicated, provided, or their provision guaranteed by bond, cash deposit, or other security acceptable to the director of public works, by the property owner prior to issuance of a certificate of occupancy for any new building or for any addition to an existing building which adds twenty-five percent (25%) or more to the building's gross floor area. Additions to single-family residential buildings are exempted from the requirements of this chapter. The provision of right-of-way and off-site improvements may also be a condition of a conditional use permit or variance regardless of whether construction requiring a building permit is involved. 17,52,030 Required dedication of s �.�t r a ht-of-way. A. The developer shall dedicate the full width of any abutting street right-of-way wherever the existing right-of-way is less than that indicated in the city's general plan or less than the city standard for the street classification, as specified in the city Y p's street standards stud report, provided the director of public works makes an individualized determination based upon the proposed project that both of the following elements are satisfied: ORDINANCE NO. 320 Page 151 of 312 1. The type and extent of the required dedication is reasonably necessary to meet the burdens created by the development, based on traffic to be generated by the development and the nature and quantity of other public burdens created by the development that relate to the need for the dedication; and 2. There is not a less extensive dedication that would serve the public needs created by the development. B. In situations where the findings specified in section 17.52.030(A) of this chapter cannot be made, the required dedication shall be reduced in scale so that the extent of the dedication is reasonably necessary to meet the burdens created by the development. In situations where the findings specified in section 17.52.030(A) of this chapter can be made, the required dedication shall provide for a continuous right-of-way line at the location necessary for the full width right-of-way. The following right-of-way improvements and off-site improvements shall, unless existing in an acceptable condition as determined by the director of public works, be provided per city standards and specifications, as filed with the director of public works, or their provision is guaranteed by the applicant in accordance with section 17.52.020 of this chapter: A. Street or alley paving. Street or alley paving or repaving, not to exceed the area from the centerline to the curb for the length of the lot frontage. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following: 1. The impacts of construction vehicles coming to and from the site; 2. The anticipated traffic generated by the project once completed; and 3. The project's proportional traffic impact on area roadways. B. Sidewalks. Sidewalks, where required by the director of public works, based on the city's street standards study report, not to exceed the length of the lot frontage, or the total length of the front and street-side property lines for corner lots. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following: 1. The need to provide safe pedestrian access to and from the adjacent properties and the site; 2. The need, from the perspective of safety, to separate pedestrian traffic from vehicular traffic coming to and from the site; and 3. The increase in pedestrian traffic generated by the proposed development. C. Curbs and gutters. Curbs and gutters, where required by the director of public works, based on the city's street standards study report, not to exceed the length of the lot frontage, or the total length of the front and street-side property lines for corner lots. The city finds that this requirement is reasonably related both in type and ORDINANCE NO. 320 Page 152 of 312 extent to the impact of the proposed development based upon any one or more of the following: 1. The increase in impervious coverage on the property created by the development; 2. The need to protect down-stream properties from uncontrolled runoff from the site; and 3. The need to protect vehicles and pedestrians coming to and from the site from uncontrolled and unchanneled storm water runoff from the site. D. Street trees. Street trees, fifteen-gallon can minimum size (unless a smaller size is specified by the city) at the spacing standards established by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following: 1. The reduction in existing landscaping and/or open space and natural vegetation on the site; 2. The need to reduce the aesthetic impacts of the proposed development on the existing streetscape design; and 3. The need to screen the proposed development from the street. E. Ornamental streetlights. Ornamental street lights, in accordance with the type and spacing requirements designated for the particular street by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following: 1. The need created by the development to provide safe pedestrian and vehicular access to and from the site at night; 2. The need to reduce the risk of increased crime to and from persons coming onto the site at night or in early morning hours; and 3. The need to mitigate the aesthetic impacts of the project by providing for consistency and compatibility with surrounding developments and streetscape design. F. Sewer and drainage facilities. Sewer and drainage facilities, as required by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following: 1. The increase in sewage and/or storm water runoff generated by the development; and 2. The need created by the development to provide safe and proper disposal of sewage and storm water runoff from the site to protect the subject property and surrounding properties. 1 7.52.050 Relief from reguired dgdication . Any applicant for a project subject to the requirements of this chapter may request that the city make additional findings regarding the need for the dedication or improvements required by ORDINANCE NO. 320 Page 153 of 312 this chapter or request a reduction in, or the alteration or elimination of, the requirement in accordance with the provisions of this section. A. Time for request and fee. A request pursuant to this section shall be made prior to or at the hearing on the related land use approval. If no hearing is required for the land use approval, the request shall be made no later than ten (10) days after the city has informed the applicant of the imposition of the condition or planned imposition of a requirement under this chapter. The request shall be in writing, shall be filed with the director of public works, and shall be accompanied by a processing fee in an amount established by resolution of the city council. B. Hearing, notice and determination. 1. Reviewing body and notice. Where there is a related land use approval requiring a hearing, the request shall be considered by the applicable reviewing body at the time of that hearing. Where there is no related land use approval requiring a hearing, upon receipt of a properly completed request under this section, the director of public works shall set the matter for public hearing before him or herself and notice that hearing in accordance with the noticing requirements specified in section 17.80.090 (Hearing Notice and Appeal Procedures). 2. Criteria for determination. The reviewing body or the director of public works, whichever is applicable under section 17.52.050(B)(1) above, shall, based upon information provided by staff, determine whether the challenged dedication or improvement ("requirement") is reasonably related in nature (type) and extent(degree and amount) to the likely impacts of the proposed development project. If the reviewing body or the director of public works determines that the requirement is reasonably related in nature and extent to the likely impacts of the proposed development project, the reviewing body shall affirm the requirement. If the reviewing body or the director of public works determines the requirement is not related in nature (type) to the impacts of the proposed project, the requirement shall be eliminated with respect to that project. If the reviewing body or the director of public works determines that the extent (degree or amount) of the requirement is not reasonably related to the impact of the proposed project, the reviewing body or director of public works shall adjust the dedication or improvement requirement as necessary to ensure a reasonable relationship between the requirement and the project's impacts on the need for that requirement. C. Appeal to planning commission or city council. Any interested person may appeal a determination of the director of public works to the planning commission in accordance with the procedures specified in section 17.80.050 (Hearing Notice and Appeal Procedure). The planning commission's determination may be appealed to the city council in accordance with the procedures specified in section 17.80.070 (Hearing Notice and Appeal Procedure). Any appeal must state the reason for the appeal and be accompanied by an appeal processing fee in an amount established by resolution of the city council. A decision of the city council on such matter shall be final. ORDINANCE NO. 320 Page 154 of 312 Cha tteer_17.54 UNDERGROUND UTILITIES AND VISUAL SCREENING Secti 17.54.010 Purpose. 17.54.020 Underground utilities. 17.54.030 Trash receptacle enclosures. 17.54.040 Screening of mechanical equipment, storage areas and loading docks. 17,54.010 Purpose. This chapter assures that, in conjunction with new developments, all utility service lines are placed underground and that certain areas and types of equipment are screened from public view. The provisions of this chapter are deemed necessary for the protection of property values and the general welfare. 17.54.020 Underaround utilities. E. All utility lines installed to serve new construction shall be-placed underground from an existing power pole or other point of connection off-site. The planning commission and/or city council may waive the requirements of this section if the nature of the development makes such installations unreasonable or if there are existing overhead lines and the underground location is not consistent with a likely future utility "undergrounding" project. For any addition to an existing building which adds at least twenty-five percent (25%)to the building's gross floor area, the existing utility service lines to the building shall be placed underground prior to issuance of a certificate of occupancy for the addition. Additions to single-family residential buildings are exempted. F. Underground cable television shall be installed in all new, multiple-family, residential planned developments and single-family subdivisions. 17.54.030 „Trash receptagle engloraures.. A trash receptacle enclosure shall be provided for all developments except single-family residential developments. Existing developments shall provide such enclosures within one hundred eighty (180) days after notification by the director. Such enclosure shall be built to city specifications as filed with the director of public works, and shall be of a size capable of holding the number of trash receptacles required to adequately serve the development, as estimated by the director of public works. Any receptacle, dumpster, or container used for the collection and/or storage of recyclable materials such as paper, cardboard, glass, plastic or cans, shall be designed and maintained in accordance with the guidelines and specifications described in section 17.58.030 (Recycling). ORDINANCE NO. 320 Page 155 of 312 1 04Q 9creenina Qf niecbgnical eguopment. storaa argas jand loadina.docks. All mechanical equipment, such as air conditioners, heaters, and exposed ducting and plumbing, and all outside storage areas and loading docks shall be screened from view of public areas, public streets, and affected properties. The design of proposed screening devices shall be approved by the director. Such screening shall not significantly impair views as set forth in section 17.02.040 (Single Family Residential Districts). The minimum distance between the screening and the equipment shall be according to the manufacturer's specifications. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealable to city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. For any addition to an existing building which adds at least twenty-five percent (25%) to the building's gross floor area, all existing mechanical equipment and existing storage areas and loading docks shall be so screened. Additions to single-family residential buildings are exempted. Such screening shall be accomplished prior to issuance of a certificate of occupancy for any building or addition. In appropriate circumstances, the director may approve an alternative method of reducing the visual impact in lieu of providing screening. ORDINANCE NO. 320 Page 156 of 312 QhaQter 17_,55 ENVIRONMENTAL PROTECTION ,9ecti 17.56.010 Purpose. 17.56.020 Conduct of construction and landscaping activities. 17.56.030 Outdoor lighting for residential uses. 17.56.040 Outdoor lighting for non-residential uses. 17.56.050 Residential neighborhood protection. 17.56.060 Slope drain maintenance 17.56.010, Purpose. This chapter protects properties and persons from environmental nuisances and hazards and sets tolerance levels for adverse environmental effects created by any use or development of land. 17-56-020 Conduct of construction and landscapina activities. A. Dust Control. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. It is unlawful to cause or.allow airborne dust or particles to leave a property and settle on, or otherwise impact in any way, surrounding properties. Dry sand-blasting shall be prohibited. Only sand-blasting methods approved by the city's building official and which meet the standards of the southern california air quality management district(SCAQMD) shall be utilized. B. Hours of Operation. It is unlawful to carry on construction, grading, or landscaping activities or to operate heavy equipment except between the hours of seven (7) a.m. and seven (7) p.m, monday through saturday. No such activity shall be permitted on sunday or legal holidays, unless a special construction permit is obtained from the director. Said permit must be requested at least forty-eight (48) hours before such work is to begin. Emergency work and residential activities, such as lawn mowing, gardening (without the use of weed and debris blowers), and minor home repair/maintenance, shall be exempted from this restriction. The hours of operation for weed and debris blowers are specified in chapter 8.16 (Weed and Debris Blowers) of this code. C. Temporary Construction Fencing. Upon issuance of a building or grading permit, all construction projects which remain in operation or expect to remain in operation for over thirty (30) calendar days shall provide temporary construction fencing, as defined in chapter 17.96 (Definitions). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than fifteen (15) days ORDINANCE NO. 320 Page 157 of 312 prior to commencement of construction. Once erected, temporary construction fencing shall be subject to the following standards and conditions: 1. The temporary construction fencing shall surround all safety hazards as appropriate and prevent unauthorized entry to the subject parcel; 2. During construction, the subject temporary fencing shall be maintained in a condition that is consistent with the city's property maintenance standards described in chapter 8.24 (Property Maintenance) of the city's municipal code; and 3. Temporary construction fencing shall be removed, unless such removal would create a safety hazard as determined by the director, and the property maintained in a condition that is consistent with the city's property maintenance standards described in chapter 8.24 (Property Maintenance), within thirty (30) days of any of the following occurrences: a. The expiration or withdrawl of the building/grading permit for development of the fenced parcel; or b. Issuance of the final building/grading permit or certificate of occupancy for the development of the fenced parcel. 4. If the temporary construction fencing is determined by the director to be necessary to protect against a safety hazard or attractive nuisance, the temporary fencing may be erected for a period of one hundred eighty (180) days, after which the property owner shall either remove the temporary fencing or replace the temporary fencing with permanent fencing. D. Construction site maintenance. All construction sites shall be maintained in a secure, safe, neat and orderly manner. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Temporary portable bathrooms shall be provided on a construction site if required by the city's building official. Said portable bathrooms shall be subject to the approval of the city's building official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Trash dumpsters placed in the public right-of-way shall require prior approval from the city's department of public works. 17.5Q,03.0 Outdoor liabtina for residential uses.. No outdoor lighting shall hereafter be installed or used in the single-family residential (RS) or multi-family residential (RM) zones, except in accordance with the provisions of this section. A. Except as hereinafter provided, no outdoor lighting shall be permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. Individual, nonreflector, incandescent light bulbs, not exceeding one hundred fifty (150) watts each, or an aggregate of one thousand (1,000) watts for each lot or parcel shall be permitted. On lots exceeding fifteen thousand (15,000) square feet, an additional one hundred (100) watts in the aggregate shall be permitted for each one ORDINANCE NO. 320 Page 158 of 312 thousand five hundred (1,500) square feet of area or major fraction thereof, by which the lot or parcel exceeds fifteen thousand (15,000) square feet; provided, that in no event shall the aggregate exceed two thousand (2,000) wafts. As used herein, the term "watts" is irrespective of the voltage. If non-incandescent lighting is used, the wattage of each non-incandescent light shall be multiplied by the following conversion factors to ascertain a standard wattage that is comparable to the wattage associated with incandescent lighting: TXpe of LamoMultil2lier quartz/tungsten-halogen 1.23 mercury 2.4 fluorescent 3.7 sodium vapor HPSV 5.7 sodium vapor LPSV 9.0 metal halide 4.9 incandescent reflector 1.6 B. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten (10)feet above grade. C. Notwithstanding the requirements of this section, outdoor lighting may be installed and used in a manner not permitted by this section upon the issuance of a conditional use permit pursuant to chapter 17.60 (Conditional Use Permits). 17.56.040 Outdoor li9hlna for non-residential us_ No outdoor lighting shall hereafter be installed in any non-residential district, except in accordance with the provisions of this section. A. Prior to the issuance of the first certificate of occupancy, a lighting plan prepared by a lighting contractor, which shall include the location, height, number of lights, wattage, estimates of maximum illumination on site and spill/glare at property lines, and in conformance with the following standards and criteria, shall be submitted for approval by the director. 1. No one fixture shall exceed 1,200 watts and the light source shall not be directed toward or result in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. Wattage for non-incandescent lighting shall be calculated using the multiplier values described in section 17.56.030(A) of this chapter. 2. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light source or fixture is located on a building with no eaves, or if located on a standard or pole, the light source or fixture shall not be more than ten (10) feet above existing grade, adjacent to the building or pole. ORDINANCE NO. 320 Page 159 of 312 3. All estimates or testing shall be done with the entire facility illuminated. 4. Testing equipment shall be a calibrated gossen panalux electronic 2 or an equal approved by the director. B. The director may approve deviations which exceed the standards set forth in sections 17.56.040(A)(1) through 17.56.040(A)(3) of this chapter, when the director finds that such deviations are required for public safety. 17,56.050 Residential neiahborhood protection. A. No commercial vehicles weighing in excess of six thousand (6,000) pounds shall be parked or stored in any residential district, except during residential construction or in conjunction with residential deliveries within the hours stated in section 17.56.050(B) of this chapter. B. Deliveries involving commercial vehicles weighing in excess of six thousand (6,000) pounds shall be allowed in residential districts only between the hours of seven (7) a.m. and seven (7) p.m., monday through saturday. C. No building materials, machinery, or other materials or equipment shall be stored outdoors in any residential district, except during construction on the lot. D. All mechanical equipment, such as air conditioners, heaters, and exposed ducts or plumbing located in residential districts shall be screened from view of the public right-of-way and adjacent properties, to the satisfaction of the director. E. Except for mechanized skylights and/or solar panels allowed pursuant to section 17.48.050 (Lots, Setbacks, Open Space Area and Building Height), vents or ducts required by the uniform building code, and satellite dish antennas allowed pursuant to section 17.76.020(B) (antennas and satellite dishes), no mechanical equipment, such as air conditioning/heating units, shall be placed on the roof of a main building or accessory structure in residential districts. '17.56.060 Slope drain maintena,nc_e. It shall be unlawful for any person owning, leasing, occupying, or having possession of any property in the city on which a slope drain exists to interfere with, impede the flow of, or reduce the effectiveness in any manner, of said slope drain. The construction of any structure over a slope drain and the accumulation of trash, debris, overgrown vegetation, earth or any other materials within a slope drain is prohibited. ORDINANCE NO. 320 Page 160 of 312 ChaUter.17.5$ RECYCLING Secti n • 17.58.010 Purpose. 17.58.020 Recycling centers, recycling dropoff or collection facilities, and community service recycling programs. 17.58.030 Requirements and guidelines for collecting and loading of recyclable materials in development projects. 17.58.010 Purpose. The purpose of this chapter is to establish procedures and standards for the placement or construction of recycling centers and small collection facilities in the city in order to protect the health, safety and welfare of the community; and to establish requirements and guidelines for collecting and loading recyclable materials in development projects within all zoning districts in the city, in order to facilitate the diversion of solid waste and recyclable materials from landfills. 17.58,020 Recyclina centers, regycling dropoff or collection facilities, and community service recyglina g2roarams. A. Recycling centers. Recycling centers, as defined in chapter 17.96 (Definitions), are permitted in commercial, institutional, and open space-recreational zoning districts subject to the director's approval of a special use permit, pursuant to chapter 17.72 (Special Use Permits), to ensure compliance with the following standards: 1. Not more than fifty (50) square feet of outdoor area may be used for any machine, group of machines, and machine enclosure, unless a conditional use permit is obtained by the applicant. Enclosures shall not exceed twelve (12) feet in height. 2. Each machine shall be located within thirty (30) feet of the public entrance to the primary use on the site, shall comply with all required building setbacks, and shall not obstruct pedestrian or vehicular circulation, nor occupy any parking spaces designated for the primary use. 3. Each machine shall accept from customers all types of redeemable beverage containers except refillable beer and malt beverage containers. 4. Each machine shall be clearly and permanently marked to identify the material accepted, operating instructions, and the identity and telephone number of the operator. A maximum of three (3) square feet of signage for each machine is permitted in addition to operating instructions. The following operating instructions shall be clearly posted on each machine, in a conspicuous location which ORDINANCE NO. 320 Page 161 of 312 can easily be seen by the public: a. A legible sign indicating its hours of operation; b. A refund price sign or decal indicating the prices paid by weight or per container for each material type accepted by that machine. The refund price sign or decal shall be a minimum of fifteen (15) square inches, with lettering of at least 3/8 inch in height; and c. A sign which specifies the method for redeeming empty beverage containers which are odd-sized, made of materials other than aluminum, glass, and plastic, or otherwise not accepted by the machine. 5. Outdoor lighting of the machines is permitted provided that such lighting is shielded to prevent the direct or indirect illumination of adjacent residentially zoned or occupied property. 6. Each machine shall be in operation a minimum of thirty (30) hours per week, and at least five (5) hours per week shall be other than 9:00 a.m. to 5:00 p.m. on monday through friday. The machine may be serviced only during the hours of seven (7) a.m. to seven (7) p.m., monday through saturday. The area around the machines must be kept clean and litter free. At least one alternative disposal device must be properly screened and located adjacent to each machine or group of machines to control any accumulation of trash if the facility becomes overloaded or broken. 7.- The facility shall be located conveniently close to a water source and a maintenance schedule shall be submitted and approved by the director for proper maintenance to ensure a healthful environment. 8. Prior to operation of a single-feed reverse-vending machine and/or mobile recycling unit, the operator shall obtain certification of the recycling center from the california department of conservation, division of recycling. 9. Noise levels from operation of the machines shall not exceed 65 dBA, as measured from the closest property line. 10. In addition to the enforcement remedies prescribed by chapter 17.86 (Enforcement) of this title, the director may revoke approval for any machine and cause its removal as a public nuisance pursuant to chapter 8.12 (Hazards) of the city's municipal code for violation of any of the above standards. B. Recycling dropoff or collection facilities and community service recycling programs. The installation or development of recycling dropoff or collection facilities and any other community service recycling programs is permitted within commercial general (CG) and institutional zoning districts, subject to approval of a conditional use permit by the planning commission, pursuant to chapter 17.60 (Conditional Use Permits). Recycling dropoff or collection facilities and community service recycling programs shall be developed in conformance with the following standards. ,, 1. The facility shall comply with all building setback and lot coverage requirements that apply to the primary use on the site. The height of the facility or any enclosure shall not exceed twelve (12) feet. 2. Facility identification signage shall be permanent in character ORDINANCE NO. 320 Page 162 of 312 and be limited to ten percent(10%) of the areas of each side of the facility, not to exceed a maximum of fifty (50) square feet of signage per facility. Signage must be consistent with the character of the location and may be illuminated during the hours of operation upon the approval of the planning commission. 3. Mobile recycling units and/or reverse-vending machines within the facility shall comply with the operating and development standards described in section 17.58.020(A) of this chapter. 4. All recyclable materials deposited at the facility shall be contained entirely within the facility and shall not at any time be left outside of the facility in public view. Recyclable materials shall be picked up on an approved schedule to prevent accumulation of materials in public view. Retrieval and delivery of recycling containers shall only occur between the hours of 7:00 a.m. and 7:00 p.m., monday through saturday. An alternative disposal device for materials that cannot be accepted by the facility shall be placed adjacent to the facility to discourage dumping and to control any accumulation of trash if the facility becomes overloaded or broken. This device, and the entire facility, shall be monitored daily by the operator to maintain the cleanliness of the site. 5. Facilities providing for the twenty-four-hour donation of materials shall be at least one hundred (100)feet from any property zoned or occupied for residential use, unless a smaller setback is warranted by the topography of the site or the design of the facility. 6. The facility shall be located conveniently close to a water source and a maintenance schedule shall be submitted and approved by the director for proper maintenance to ensure a healthful environment. 7. Facilities shall be in operation a minimum of thirty (30) hours per week, and at least five (5) hours per week shall be other than 9:00 a.m. to 5:00 p.m. on monday through friday. Facilities located within one hundred (100)feet of a property zoned for or occupied by a residential use shall operate only between the hours of 9:00 a.m. and 7:00 p.m., monday through saturday. 8. A facility which is staffed shall have an employee present during its posted hours and shall display a sign having a minimum size of two (2)feet by two (2)feet informing the public that the location is open for business. The sign shall contain, at a minimum, the word "OPEN" in lettering at least ten (10) inches in height. One parking space shall be provided for the attendant. 9. If a facility consists of dropoff receptacles with redemption occurring at an alternate location on the property, the operator of the recycling center shall take the following actions: a. A sign shall be placed on or at the front of the receptacles with lettering of at least 3/8 inch in height which informs the customer of the exact location on the property where all types of empty beverage containers may be redeemed; b. A person shall be present at the exact location during the hours posted at the recycling center to inspect the empty beverage containers and pay customers the refund value; and ORDINANCE NO. 320 Page 163 of 312 c. A sign shall be posted at the exact location during the hours open for business where the public may redeem beverage containers, informing the public that the redemption location is open for business. The sign shall contain, at a minimum, the words "OPEN" and "RECYCLING CENTER." The word "OPEN" shall consist of lettering at least ten (10) inches in height. The words "RECYCLING CENTER" shall be on a separate line and consist of lettering at least three and one half(3 1/2) inches in height. 10. If there is no reasonable alternative location for the facility, it may be located in the parking area of the primary use. If the reduction in the number of parking spaces causes the number of available parking spaces to-be less than the minimum number required for the primary use, the planning commission may reduce parking requirements for the primary use by not more than five (5) spaces. This reduction shall only be granted under the following conditions: a. The facility is located in a convenience zone as designated by the california department of conservation, division of recycling; b. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling will be on the site; and c. At least twenty-five (25) parking spaces were designated for the primary use prior to installation of the facility. 11. Operation of the facility shall not increase the ambient noise level at the property line of the nearest property zoned for or occupied by a residential use to more than 65 dBA at any time. 12. Outdoor lighting for the facility is permitted only if such lighting is shielded to prevent the direct or indirect illumination of adjacent residentially zoned or occupied property. 13. The design and location of the facility shall be reviewed by the planning commission to ensure that the facility is screened, to the extent practical, from the view of adjacent residentially zoned or occupied property, while remaining clearly identifiable to patrons of the facility. Landscaping, fences, walls, structural enclosures, and coloring may be required to accomplish this purpose. 14. Prior to operation of a recycling dropoff or collection facility and/or any other community service.recycling program, the operator shall obtain certification of the recycling center from the california department of conservation, division of recycling. 15. The conditions of approval for the facility shall be enforced pursuant to section 17.76.080(F) (convenience stores). 16. Approval of a recycling dropoff or collection facility and/or any other community service recycling program shall be denied if the planning commission cannot make the findings for approval of a conditional use permit specified in section 17.60.060 (Conditional Use Permits) of this title, or if the planning commission finds the facility would be detrimental to the public health, safety or welfare. C. . Appeals. Any interested person may appeal any decision of the director or the planning commission under this section pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. ORDINANCE NO. 320 Page 164 of 312 17.58.030 Requirements and au=lines for collectina and loadina of recyclable materials in development aro ects. A. Applicability. The following development projects shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials, in accordance with the guidelines specified in subsection 17.58.030(C) of this chapter: 1. New commercial or institutional developments of ten thousand (10,000) square feet or more, marinas, and multi-family residential projects with five (5) or more units approved on or after September 1, 1994; 2. Existing commercial or institutional developments of ten thousand (10,000) square feet or more, marinas, and multi-family residential projects with five (5) or more units for which an application(s) is submitted on or after September 1, 1994 for the following: a. A single alteration which adds thirty percent (30%) or more to the existing floor area of the development project; or b. Multiple alterations which are conducted within a twelve (12) month period which collectively add thirty percent (30%) or more to the existing floor area of the development project; and 3. Any new public facility, including, but not limited to buildings, accessory structures, marinas, or any recreation area owned by a local agency, where solid waste is collected and loaded; and any improvement to a public facility used for the collecting and loading of solid waste, which adds to the value of the facility, prolongs its useful life, or adapts it to new uses. B. Exemptions. The following development projects are exempt from the requirements of this section: 1. Single family dwellings which: a. Are located in tracts or subdivisions which do not contain a specified area for the collection and loading of solid waste serving five (5) or more dwelling units; and b. Participate in the City's curbside recycling program; 2. Individual tenants of multi-family developments; and 3. New occupancies within existing developments of ten thousand (10,000) square feet or more. C. Recycling area design guidelines. Space allocated for collecting and loading recyclable materials shall have the ability to accommodate receptacles for recyclable materials. Such areas shall be accessible and convenient for those who deposit recyclable materials, as well as those who collect and load any recyclable materials placed therein. The following design guidelines shall apply to all development projects for the purpose of allocating and constructing a recycling area: 1. Recycling areas shall comply with all building setback, lot coverage and applicable height requirements that apply to the primary use on the site. 2. Recycling areas shall be designed to be architecturally compatible with abutting and or adjacent structures, and with the existing topography and ORDINANCE NO. 320 Page 165 of 312 vegetation. 3. The design and construction of recycling areas shall not jeopardize the security of any recyclable materials placed therein. 4. The design, construction, and location of recycling areas shall not be in conflict with any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety. 5. Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered according to any applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety. 6. Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable. 7. Travel aisles which access recycling areas shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, travel aisles should provide unobstructed access for collection vehicles and personnel. 8. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas. 9. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping. 10. Any and all recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect, and load the recyclable materials placed therein as the locations(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas. 11. Recycling areas located within single tenant development projects shall conform to the following additional guidelines: a. Areas designated for recycling shall be adequate in capacity, number, and distribution to serve the development project; b. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project; and c. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project shall be located within the recycling area. 12. Recycling areas located within multi-tenant development projects shall conform to the following additional guidelines: a. Recycling areas shall, at a minimum, be sufficient in capacity, number, pnd distribution to serve that portion of the development project leased by the tenant(s) wlio submitted an application or applications resulting in the need to provide recycling area(s) pursuant to this section; b. Dimensions of recycling areas shall accommodate ORDINANCE NO. 320 Page 166 of 312 receptacles sufficient to meet the recycling needs of that portion of the development project leased by the tenant who submitted an application or applications resulting in the need to provide recycling areas(s) pursuant to this section; and c. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by that portion of the development project leased by the tenant(s) who submitted an application or applications resulting in the need to provide recycling area pursuant to this section shall be located within the recycling area. ORDINANCE NO. 320 Page 167 of 312 ARTICLE VII. DEVELOPMENT APPLICATION AND REVIEW Cbggter 17.60 CONDITIQNAL USE PERMITS 5-ections: 17.60.010 Purpose. 17.60.020 Application. 17.60.030 Filing fee. 17.60.040 Public hearing. 17.60.050 Findings and conditions. 17.60.060 Appeal. 17.60.070 Time limit. 17.60.080 Failure to comply. 17.60.090 Amendments. 17.60.100 Revocation. 17.60.01 Q_ Purpose The conditional use permit procedure provides..for uses that are: A. Necessary or desirable for the development of the community or region but cannot readily be classified as permitted uses in individual zoning districts by reason of uniqueness of size, scope, or possible effect on public facilities or surrounding uses; or B. Appropriate as accessories to the development of neighborhoods or the city; or C. Appropriate uses in the zoning districts in which they are listed as permitted subject to a conditional use permit, but requiring specific consideration of the proposed use or development. 17.60.020 . ,Ap lication. A. The application for a conditional use permit shall be filed on forms provided by the city. A person may not file, and the director shall not accept, an application which is the same as, or substantially the same as, an application upon which final action has been taken by the director, by the planning commission, or by the city council within twelve (12) months prior to the date of said application, unless accepted by motion of the planning commission or city council, or the previous application is denied without prejudice by the planning commission or city council. B. , An application shall contain full and complete information pertaining to the request. C. The director or the planning commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with ORDINANCE NO. 320 Page 168 of 312 the intent and purposes of this title. D. In cases where the director considers the conditions set forth on the application not within the scope of the conditional use permit procedure, the applicant shall be so informed. Whereupon, if the application is filed, it shall be signed by the applicant to the effect that he or she was so informed. Filing of an application does not constitute an indication of approval. 17.60.03Q Filing fe_% The filing fee for a conditional use permit shall be as established by resolution of the city council. 17,60.040, Public hearing A. The public hearing notice shall be published in a newspaper of general circulation and given to owners of property located within five hundred (600)feet of the project, to all persons requesting notice, to any affected homeowner associations, and the applicant pursuant to section 17.80.090 of this title. B. Conditional use permit amendment applications shall require a public hearing and notice similar to an initial conditional use permit application. However, conditional use permit amendment applications for.master television antennas in multiple-family developments, including residential planned developments, do not require a public hearing. C. Not more than forty (40) days following said hearing, the planning commission shall announce its findings, as per section 17.60.060 of this chapter, by formal resolution. The resolution shall recite the findings of the planning commission and set forth the conditions deemed necessary to protect the health, safety and welfare of persons residing in the neighborhood and in the community as a whole. 17.60.Q50 Findinas and condition A. The planning commission, may grant a conditional use permit, only if it finds: 1. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood; 2. 'That the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use; 3. That, in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or-the permitted use thereof; 4. That the proposed use is not contrary to the general plan; 5. That, if the site of the proposed use is within any of the overlay control districts established by chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with all applicable requirements of that chapter; and 6. That conditions regarding any of the requirements listed in this paragraph, which the planning commission finds to be necessary to protect the health, safety and general welfare, have been imposed: a. Setbacks and buffers; b. Fences or walls; ORDINANCE NO. 320 Page 169 of 312 c. Lighting; d. Vehicular ingress and egress; e. Noise, vibration, odors, and similar emissions; f. Landscaping; g. Maintenance of structures, grounds, or signs; h. Service roads or alleys; and i. Such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. B. Conditional use permits may be granted for such period of time and upon such conditions and limitations as may be required to protect the health, safety and' general welfare. Such conditions shall take precedence over development standards otherwise required by the underlying zoning of the subject site. C. For multiple use developments under a conditional use permit, where the uses permitted in the development are specified in the conditional use permit resolution, the uses permitted in the zoning district shall not apply unless such uses are among those permitted by the conditional use permit. D. When deemed desirable, the planning commission may add conditions requiring future review or updating of maintenance, development plans and activities. E. Any change which substantially intensifies occupancy or land coverage on the site shall require an amendment to the conditional use permit pursuant to the amendment procedures set forth in chapter 17.78 (Miscellaneous) of this title. F. When required, the findings, recommendations and notices thereof shall be filed in conformity with the provisions set forth in section 17.60.050 of this chapter. 17.60.060 Aaaeal. Any interested person may appeal any decision of the planning commission or any condition imposed by the planning commission pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. 17,60.070_ Time limit. Before approving any conditional use permit, the planning commission shall establish a time limit within which the applicant shall commence upon the permitted use, as that phrase is defined in section 17.86.070 (Enforcement) of this title. The time limit shall be a reasonable time based on the size and nature of the proposed development. If no date is specified by the planning commission or city council, a conditional use permit shall be valid for one (1) year from the date of final action on the permit or approval. All such permits shall be null and void after that time unless the applicant has commenced upon the use, as that phrase is defined in section 17.86.070 (Enforcement) of this title. Upon a showing of substantial hardship, delays beyond the control of the applicant, or other good cause, the planning commission or city council may extend this period one time for up to one additional year. 17,60.080_ :. Failure to comply.Iv. If the time limit expires and no extension has been granted, or if any of the conditions to the use or development are not maintained, then the conditional use permit shall be null and void. Continued operation of a use requiring a conditional use permit after such conditional use permit expires or is found in ORDINANCE NO. 320 Page 170 of 312 noncompliance with any condition of a conditional use permit shall constitute a violation of this title. 17.6,0.090 Amendments. An amendment to an approved conditional use permit may be initiated by the city or by the property owner pursuant to section 17.78.040 (Miscellaneous) of this title. 17,60,100 Revocation. A conditional use permit granted pursuant to this section may be modified, revoked, or suspended pursuant to section 17.86.060 (Enforcement) of this Code. ORDINANCE NO. 320 Page 171 of 312 Chapter 17.62 S_PECIA_ L USE PERMITS Secti 17.62.010 Purpose. 17.62.020 Uses and developments permitted with special use permits. 17.62.030 Temporary vendor Permit 17.62.040 Application. 17.62.050 Notification. 17.62.060 Action by director. 17.62.070 Appeals. 17.62.010 . Purpose. This chapter provides for temporary special uses and developments which may, unless special consideration is given and conditions applied, result in an adverse effect on surrounding properties. Such special consideration and the application of conditions as provided in this chapter is deemed necessary for the protection of property values and the public welfare. 1 . The following uses and developments shall not be initiated or constructed unless a special use permit for said use or development has been issued by the director: A. Temporary uses of land involving the erection of temporary structures such as fences, booths, tents, or the parking of trailers, for such activities as carnivals, circuses, fairs, festivals, non-profit fund-raising events, charitable events, or religious meetings; B. Temporary outdoor displays for the sale of Christmas trees, Halloween pumpkins, art objects, or other items, other than special sales allowed with a temporary vendor permit pursuant to this chapter; C. Recycling centers, as defined in chapter 17.96 (Definitions) of this title, in zoning districts in which they are permitted by this title; and D. Any other similar activity conducted for a temporary period either outdoors, within temporary structures, or within single-family residential zoning districts which, as determined by the director, has the potential to result in an adverse effect on surrounding properties. 17.62.030 Tempora[y vendor permit. Certain temporary sales activities may be allowed in conjunction with certain established uses without a special use permit, provided the property owner's permission, a business license if required, and a temporary vendor permit is obtained by the vendor and there is no evidence that the temporary sales will create an adverse impact on adjacent uses beyond the impact of the primary use of the site. The following such temporary sales may be conditionally approved by the director without hearing or notice through issuance of a temporary ORDINANCE NO. 320 Page 172 of 312 vendor permit: A. Temporary sales of goods and/or food items from a mobile non- motorized cart or temporary booth in commercial, institutional and open space recreational zoning districts, provided the sales occur in conjunction with legal or legal non-conforming commercial, institutional and recreational uses; the sales occur on the same property as the existing uses; and the sales activity occurs for a period of not more than thirty (30) days out of a twelve (12) month period; B. Special temporary outdoor sales by an existing retail business, provided the business is a legal or legal non-conforming use located in a commercial zoning district; the sales occur on the same property as the existing business; and the sales activity occurs for a period of not more than thirty (30) days out of a twelve (12) month period; and C. Temporary outdoor sales held by non-profit organizations, provided that the sales occur entirely on the property of the non-profit organization and for a period of not more than thirty (30) days out of a twelve (12) month period. _1.7.62.040 , Application. Application for a special use permit or temporary vendor permit shall be made on forms provided by the city and shall include such plans as may reasonably be required by the director for a complete understanding of the proposal, and a filing fee as established by resolution of the city council. 17.62.05Q Notification. Upon determination that an application for a special use permit is complete, the director shall notify the owners of all property and any affected Homeowners Association(s) located within a radius of five hundred (500) feet from the external boundaries of the property where the special use is proposed to occur, of the application by letter. 17.62.060 Action by direct. A. Not sooner than fifteen (15) days after the notices are mailed, nor later than thirty (30) days after the application for a special use permit is deemed complete, the director shall either grant, deny, or conditionally grant the special use permit, based on the following criteria: 1. That the site is adequate in size and shape to accommodate the proposed special use and/or development; 2. That the proposed special use and/or development would not adversely interfere with existing uses on the subject property; and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns; 3. That the proposed special use and/or development would not result in a significant adverse effect on adjacent property; and 4. That by requiring certain safeguards as conditions of approval, the proposed special use and/or development would not be detrimental to the public health, safety, and welfare. B. In granting a special use permit, or temporary vendor permit the director may impose conditions on the permit which are reasonable to ensure that the proposed use or development will comply with the applicable review criteria of this chapter and any other applicable provisions of this title. Noncompliance with any condition of a special use permit or temporary vendor permit shall constitute a violation of ORDINANCE NO. 320 Page 173 of 312 the zoning ordinance. Such conditions shall include, but not be limited to: 1. Special setbacks and buffers; 2. Regulation of outdoor lighting; 3. Regulation of points of vehicular ingress and egress; 4. Regulation of noise, vibration, odors, etc.; 5. Regulation of the number, height and size of temporary structures, equipment and/or signs; 6. Limitations on the hours and/or days of the proposed use; 7. If special sales are proposed, limitations on the location where sales may occur, the number of vendors, and the scope of-goods sold; 8. If necessary, the obtainment of a city business license; 9. if food sales are involved, obtainment of all the appropriate health department permits; and 10. if necessary, fire department review and approval. C. Upon approval by the director of a special use permit, notice of the decision shall be given to the applicant, any interested person, and any affected homeowner associations, pursuant to section 17.80.040 (Hearing Notice and Appeal Procedures) of this title. 17.62.070 61212eals. The applicant or any interested person may appeal the director's decision on an application for a special use permit to the planning commission and the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. Notwithstanding Section 17.80.050(b) (Hearing Notice and Appeal Procedures) of this title, an appeal of a decision on a special use permit application is not timely if not filed within five (5) days of the date of the notice of the director's or planning commission's decision. No special use permit shall be effective, and no use or development authorized by a special use permit shall be initiated until the appeal period has been exhausted. ORDINANCE NO. 320 Page 174 of 312 ChaDler 17.64 VARIANCES ,9 • n • 17.64.010 Purpose. 17.64.020 Application. 17.64.030 Filing fee. 17.64.040 Public hearing. 17.64.050 Findings. 17.64.060 Appeal. 17.64.070 Conditions. 17.64.080 Failure to comply. 1764.010.__Purpose. A. When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reason of the strict interpretation of any of its provisions, the planning commission, upon verified application of any interested persons shall initiate proceedings for consideration of a variance from the development provisions of this title. The planning commission in granting said variance may establish such conditions as it deems necessary to promote the intent and purpose of this title and to protect the public health, safety and welfare. B. A variance shall not be construed as an amendment to this title or a change to the maps which are part of this title. 17.64.020 Aaalication. A. Applications for variances shall be made to the planning commission on forms provided by the city. A person may not file, and the director shall not accept, an application which is the same as, or substantially the same as, an application upon which final action has been taken by the planning commission or city council within twelve (12) months prior to the application date, unless the application is accepted by motion by the body that last made a decision on the application, or the previous application was denied without prejudice by that body. B. The applicant shall set forth in detail, on forms provided by the city, the reasons for the requested variance and shall show how the requirements of this section are satisfied, and such other information as may be required by the director. C. The planning commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this titles 17_,04.030 Filing fee. The fling fee for a variance shall be as established by resolution of the city council. ORDINANCE NO. 320 Page 175 of 312 17.64.040 Public,.hearina. A. Notice shall be published in a newspaper of general circulation and given to owners of property within five hundred (500)feet of the project, to all persons requesting notice, to any affected homeowner associations, and the applicant, pursuant to section 17.80.090 (Hearing Notice and Appeal Procedures) of this title. B. Not more than forty(40) days following said hearing, the planning commission shall announce its findings by formal resolution. Said resolution shall recite the findings of the planning commission and set forth the conditions deemed necessary to serve the intent and purpose of this title. 17.64.050 Findings. A. The planning commission, before granting a variance, shall find as follows: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district; 2. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district; 3. That granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located; and 4. That granting the variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan. B. A variance may also be granted if the applicant demonstrates significant error in any order, requirement, permit, decision, or determination made in the administration or enforcement of this title or any ordinance adopted pursuant to it and the applicant has commenced construction in reliance upon the error. If a variance is granted under this paragraph (B), required fling fees may be waived pursuant to the fee waiver provisions described in section 17.78.010 (Enforcement) of this title. 17.64.060 Ameal. Any interested person may appeal the planning commission's decision to the city council pursuant to the appeal procedures described in chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. 17.64.070 Conditions. The planning commission, in granting a variance, may impose conditions reasonably required to serve the intent and purpose of this title. 17.Q4,QsQ.._la i l u re to comply. A. Noncompliance with any condition of an approved variance application shall constitute a violation of this title. B. Each variance granted under the provisions of this chapter shall become null and void unless the applicant commences the use, as that phrase is defined in section 17.86.070 (Enforcement) of this title, within one hundred eighty (180) days after the variance is granted, or within such other period as the planning commission or city council may have established. ORDINANCE NO. 320 Page 176 of 312 Chuter Z.66 MINOR EXCEPTION PERMITS Secti 17.66.010 Purpose. 17.66.020 Scope. 17.66.030 Application. 17.66.040 Notification. 17.66.050 Action by the director. 17.66.060 Appeals. 17.66.010 PurQ_grae. This chapter provides for minor exceptions to the development standards of this title in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships, or results that may be inconsistent with the general intent of this title. Any minor exception permit in the coastal specific plan district shall be in conformity with the policies and requirements of the coastal specific plan. 17.66.020 Scoge. The director may grant minor exception permits authorizing the following: A. Construction of fences, walls or hedges which require a minor exception permit pursuant to section 17.76.030 (fences, walls and hedges). B. A reduction of any setback and open space requirement contained in this title by twenty percent (20%) or less. However, a minor exception permit shall not be granted to reduce the setback and open space requirements for the following: 1. New direct access garages or the conversion of existing indirect access garages to direct access garages which encroach into the required front or street-side setback; 2. A structural addition or modification to an existing structure that has been approved through a discretionary permit by the planning commission or city council within two (2) years of the proposed addition and/or modification; and 3. 'An existing structure, the construction of which, has been initiated or carried out prior to obtaining a minor exception permit. C. An increase of no more than twenty percent(20%) of the fifty percent (50%) land coverage restriction which is applicable to driveways, parking areas and paved walkways within the required front or streetside setback areas in single-family residential (RS) districts, set forth in section 17.48.030(D) (Lots, Setbacks, Open Space Area and Building sleight) of this title. 17.66.030 Agplication. Application for a minor exception permit shall be made on forms provided by the city and shall include such plans as may reasonably be required by the director for a complete understanding of the request, and a filing fee as ORDINANCE NO. 320 Page 177 of 312 established by resolution of the city council. 17L5Q.04QNotification. Upon receipt of a complete application for a minor exception permit, the director shall notify the owners of all parcels located adjacent to the proposed use or development by letter, using the last known county assessor tax roll. Notification shall also include all parcels which are located directly across any public or private right-of-way from the subject property. if the application is for a modification of a structure or portion of any structure previously approved by the planning commission or city council, as described in section 17.66.020(C)(2) of this chapter, then the notification shall be pursuant to section 17.80.090 (Hearing Notice and Appeal Procedures) of this title. 17.66,050 Action by the director. A. The director may grant a minor exception permit only upon finding that: 1. The requested minor exception is warranted by practical difficulties; or, 2. The requested minor exception is warranted by an unnecessary hardship; or, 3. The requested minor exception is necessary to avoid inconsistencies with the general intent of this title. B. The director may impose conditions upon the approval of a minor exception permit to assure that the minor exception permit is within the intent of this chapter. Noncompliance with any conditions of a minor exception permit shah constitute a violation of this title. C. Upon approval of a minor exception permit by the director, notice of the decision shall be given pursuant to section 17.80.040 (Hearing Notice and Appeal Procedures) of this title. 17.66.060 Aaaeals. Any interested person may appeal a decision of the director to the planning commission and a decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. No minor exception permit shall be effective and no development permitted by a minor exception permit shall be initiated or construction started, until the appeal period has been exhausted. ORDINANCE NO. 320 Page 178 of 312 Chanter 17 68 ZONE CHANGES AND CGDE AMENDMENTS Secti n ' 17.68.010 Purpose. 17.68.020 Adoption procedure. 17.68.030 Initiation of zone change and/or code amendment. 17.68.040 Zone change and/or code amendment review procedure. 17.68.050 Modification. 17.68.060 Application. 17.68.070 Filing fee. 17.68.080 Notification. 17.68.090 Planning commission action. 17.68.100 Adverse planning commission recommendation. 17.68.110 Time limit for development. 17.68.120 Extension of decision deadlines. 17.68.010 Pu[posp. This chapter provides for changes of the zoning designation of properties where such change is in conformity with the general:,plan and where such zone change is warranted by considerations of access, surrounding develop- ment, and timing of development. It is also the intent of this chapter to provide for amendments to this title, as the city may deem necessary or desirable. 17.68.020_ Ado tp i_an prggedure. An amendment to any part of this title pertaining to the development or a change of zone of any property within the city shall be adopted pursuant to this chapter. All other amendments to this title may be adopted pursuant to the procedures that other ordinances are adopted. 1_Z&8.Q3Q _-Initiation f z . A change of the zoning designation of properties and/or an amendment to this title may only be initiated as follows: A. City council. An amendment to any part of this title and/or a change of zone of any property within the city may be initiated by the city council at any time it is deemed necessary or desirable. B. Director and/or planning commission. An amendment to any part of this title and/or a change of zone of any property within the city may be initiated by the director and/or planning commission, upon petition to the city council. The city council shall review the petition to determine if the requested amendment and/or change is necessary or desirable. C. Interested person. Any person having an interest in land may file an application with the city council for a change of zone and/or an amendment to this title upon submission to the director of an initiation application and payment of a filing fee, as established by the city council. A person may not file, and the director shall not accept a ORDINANCE NO. 320 Page 179 of 312 petition which is the same as, or substantially the same as, a petition upon which final action has been taken by either the planning commission or the city council within twelve (12) months prior to the date of the initiation application, unless the initiation application is accepted by motion of the city council, or the previous initiation application is denied without prejudice by the city council. The city council shall review an accepted initiation application to determine if the requested amendment and/or change is necessary or desirable. If the initiation application is approved by the city council by a majority of affirmative votes, the proposed zone change and/or code amendment shall be reviewed in accordance with section 17.68.040 of this chapter. U,68.040- . A zone change and/or code amendment initiated pursuant to section 17.68.030 of this chapter shall be considered as follows: A. The director shall set a time and place for a public hearing by the planning commission and shall order the public notice thereof. If the proposed zone change and/or code amendment is initiated as a result of an interested person's application, said hearing shall be held not later than forty (40) days after the director receives the completed zone change and/or code amendment application. B. The planning commission shall hold a public hearing to consider the proposed zone change and/or code amendment. The planning commission's recommendation and reasons thereof shall be fled with the city council within forty (40) days after the planning commission's decision. If the recommendation of the planning commission is negative, no further action need be taken. C. If a negative recommendation is made by the planning commission, the applicant or other interested person may appeal that decision pursuant to the appeal procedures described in section 17.80.070 (Nearing Notice and Appeal Procedure) of this title. Submission of the written recommendations of the planning commission to the city clerk shall constitute filing with the city council. D. If the recommendation is positive or an appeal is filed, the city council shall hold a public hearing after notice of the same. The decision of the city council shall be made public within sixty days (60) after the termination of the public hearing. 17,68.050. „Mgdi ica#ion. The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of the proposed ordinance or amendment by the city council shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification. 17 6$.Q.60. - aalic t� ion_. Application for a zone change and/or code amendment filed by an interested person shall be made on forms provided by the city. A. Zone change application. The application shall be full and complete and shall be signed by at least one person owning property within the area proposed for a zone change. Such petition shall include plans for the proposed development of all ORDINANCE NO. 320 Page 180 of 312 property within the zone change area, said plans to include, as a minimum, a general site plan showing approximate location and use of all buildings (including number of units for multiple-family developments), location of points of access, parking and loading areas (including number of parking and loading spaces proposed), walkways and planting areas. If the zone change application proposes to eliminate in whole, or in part, an open space hazard zoning district, or a coastal specific plan setback zone within the coastal specific plan district, or if the property which is the subject of the zone change application is located within one thousand (1,000) feet of a known landslide, geotechnical and/or soils reports which analyze the stability of the subject area, shall accompany the application. B. Code amendment application. The application shall be full and complete and shall be signed by the applicant. The application shall include a detailed explanation of the reasons why the code amendment is necessary or desirable by the applicant. 1,._7.68_:,Q70 Filina_-fee. A filing fee for a zone change and/or code amendment application shall be as established by resolution of the city council. 17;_C8.080 Notification. A proposed code amendment and zone change application shall be noticed pursuant to Section 17.80.090 (Hearing Notice and Appeal Procedure) of this title, except that a proposed code amendment application notice need not be given to the owners of property located within five hundred (500) feet of the applicant. 17.68.090 Planning_commissionaction. A recommendation on a code amendment and/or zone change shall be made by resolution of the planning commission. 1 Z.58.1 QQ Adve e glan[iina commissign mcommendation. In the event the report back of the planning commission on any proposed change, initiated in accordance with this chapter, is adverse to or opposed to the proposed change so referred, or in the event the council desires to effect any change in this title contrary to a recommendation of the planning commission submitted to the council, then any ordinance effecting such change shall not be adopted except by at least three affirmative votes of the council. 17.68,11 Time liMit for develo Ment. If the applicant does not commence development, as that phrase is defined in section 17.86.070 (Enforcement) of this title, in accordance with the approved plan within one (1) year of the effective date of the zone change ordinance, the planning commission or city council may initiate proceedings to return the property to its original zoning classification. One extension of up to one (1) year may be granted by the planning commission under the standards of section 17.86.070(B) (Enforcement) of this title. 1LOB,120 Exteens_ign of decision deadlines. where a zone change requires review under the California environmental quality act (CEQA), California public resources code section 21000, et seq., which in the view of the director will require more time for a decision than is otherwise permitted by this chapter, the time periods for decision set forth in this chapter shall not commence until the city approves a negative declaration, certifies an environmental impact report, or otherwise renders a final determination pursuant to CEQA for the zone change at issue. ORDINANCE NO. 320 Page 181 of 312 Qbapter_2,70 SITE PLAN REVIEW S_Qtion 17.70.010 Purpose. 17.70.020 Application. 17.70.030 Approval. 17-70,010 Euipose. The site plan review procedure enables the director and/or planning commission to check development proposals for conformity with the provisions of this title and for the manner in which they are applied, when no other application is re- quired under this title. lZ.ZO.Q2QIp ication. A. Unless otherwise specified in this title, a site plan review application shall be required for all new development, as defined in chapter 17.96 (Definitions) of this title which does not otherwise qualify for review under a review process or application procedure listed in this title. The applicant shall submit the site plan review application to the director and shall pay a fee as established by resolution of the city council. The number of site plan copies required shall be determined by the director. B. Unless otherwise specified in this title, the site plan shall be reviewed by the director for conformity with provisions of this title. C. No building permit shall be issued until all applicable site plans have been approved in accordance with this section and no building permit shall be finaled or certificate of occupancy issued unless the development complies with the approved site plan as conditioned. D. The site plan shall indicate the following information clearly and with full dimensions, unless the director waives the requirement of particular information: 1. Lot dimensions; 2. The location, size, height, proposed use, and location of doors on all buildings and structures; 3. Yards and space between buildings; 4. The location, height, and materials of walls, fences and landscaping; 5. The location, dimensions of parking area, number of spaces, arrangement of spaces, and internal circulation pattern of off-street parking; 6. Pedestrian, vehicular and service access, and definitions of all points of ingress and egress; 7. The location, size, height, and method of illumination of signs; 8. The location, dimensions, number of spaces, internal circulation and access from public streets of loading facilities; 9. The general nature, location and hooding devices of lighting; ORDINANCE No. 320 Page 182 of 312 10. Proposed street dedications and improvements; 11. Landscaping, if required by the provisions of this title; 12. The type, location and height of screening devices of outdoor storage and activities, if permitted in the zoning district; 13. Drainage and grading; 14. Waste disposal facilities; 15. Location of utility poles; 16. Location of any easements; and 17. Such other data as may be required by the director to assist in review of the plan. 17.7Q,Q30 .A,.1212.19yal. If the development proposal, with any changes noted by ' the city, is fully consistent with the provisions of this title, the director or a staff member, authorized by the director, shall sign the site plan to indicate site plan review approval and shall notify the applicant of such. Unless a site plan review application is issued for a discretionary decision, as otherwise specified in this title, the director's approval of the site plan review application is final when rendered and no appeal may be made to the planning commission or city council. ORDINANCE NO. 320 Page 183 of 312 Qbapter,17._ 72 QQjSSTAL PERMITS ,9egft • 17.72.010 Purpose. 17.72.020 Scope. 17.72.030 Determinations. 17.72.040 Uses and developments permitted. 17.72.050 Uses and developments excluded from the coastal permit procedure. 17.72.060 Filing fee. 17.72.070 Notice. 17.72.080 Public hearing. 17.72.090 Findings. 17.72.100 Appeals. 17.72.110 Final action. 17.72.120 Concurrent permits. 17.72,.010 Purpose. The coastal permit procedure provides for review of proposed development within specific plan district 1, to determine conformity with the city's coastal specific plan and state regulations. 17.72.020. Scope_ Specific plan district I is the coastal specific plan district. This district comprises all land seaward of Palos verdes drive south and palos verdes drive west and is separated into three areas (in addition to the base districts) as indicated on the city official zoning map: the coastal zone, the coastal structure setback zone, and the coastal setback zone. Within these zones are designated areas which development therein is non-appealable or appealable, from a city decision, to the coastal commission. As noted on the official map on file with the director, appealable areas are those areas which are located between the mean high tide line and the first public road; and non- appealable areas are those areas which are located landward of the first public road to palos verdes drive south and palos verdes drive west. 17,72.030 Determinations. The determination of whether a development is excluded from this chapter, appealable or non-appealable shall be made by the director at the time the application for development within the coastal specific pian district is submitted. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to the appeal procedures described in chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. This determination shall be made with reference to the coastal specific plan, including any maps, exclusions, land use designations and zoning ordinances which are adopted as part of the coastal specific plan. Where an applicant, an interested person, or the city has a question as to the appropriate designation for a development, the ORDINANCE NO. 320 Page 184 of 312 following procedures shall establish whether a development is excluded, appealable or non-appealable. A. The city shall make its determination as to what type of development is being proposed (i.e., excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. B. If the determination of the director is challenged by the applicant or an interested person, or if the city wishes to have a coastal commission determination as to the appropriate designation, the city shall request a written opinion from the executive director of the coastal commission. C. Where, after the executive director's investigation, the executive director's determination is not in accordance with the city determination, the coastal com- mission shall hold a hearing for purposes of determining the appropriate designation for the development. 212,040. .. Ljsera and dryelogmgnig gerMifled. The following uses and developments may be allowed with the approval of a coastal permit: A. Uses and developments permitted in the coastal zone. Uses and developments allowed shall be as specified in the base zoning districts. B. Uses and developments permitted in the coastal structure setback zone. Any new permanent structures in this zone are prohibited, including, but not limited to, pools, spas, vertical support members and chimneys. Minor structures and equipment, such as trash enclosures, storage sheds of less than one hundred twenty ('120) square feet, doghouses, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents and other minor structures and/or equipment may be allowed. In addition, decks, walkways or similar ground surfacing less than six (6) inches in height, as measured from adjacent existing grade, shall be allowed. C. Uses and developments permitted in the coastal setback zone. One minor addition may be allowed to each residence that is partially or totally, within this zone and was existing as of December 26, 1975, provided: 1. The addition is less than two hundred fifty (250) square feet; 2. There is no reasonable, alternative location outside the coastal setback zone for the addition; 3. Grading involving more than twenty (20) cubic yards or more than three (3) feet of cut or fill is not required; 4. No plumbing is involved, unless a sewer system connection is available or a holding tank is constructed to meet the capacity requirements determined by the city's building official; and 5. A geology report is submitted by the applicant with the coastal permit application and is approved by the city geologist. Residential density credit will be granted only for areas proven to the city's satisfaction to be stable. Golf courses, and accessory structures associated with golf courses, public passive recreational improvements, including but not limited to, trails, signage, or protective ORDINANCE NO. 320 Page 185 of 312 fencing may be permitted in the coastal setback zone, provided that a conditional use permit is approved pursuant to chapter 17.60 (conditional use permits) of this title, and a geology report is approved by the city's geologist. All other new uses and developments in.this zone are prohibited including, but not limited to, slabs, walkways, decks six (6) inches or more in height, walls or structures over forty-two (42) inches in height, fountains, irrigation systems, pools, spas, architectural features such as cornices, eaves, belt courses, vertical supports or members, and chimneys, and grading involving more than twenty (20) cubic yards of earth movement, or more than three (3) feet of cut or fill. permitI T72,050 Uses and develomentra-excluded,from-the coastal, The following uses and developments are not subject to the coastal permit requirements, provided that such uses and developments are not located in the coastal setback zone and do not create a coastal risk of adverse environmental effect, as defined in chapter 17.96 (Definitions) of this title; a significant alteration of land forms; expansion or construction of water wells or septic systems; additional square footage where a previous coastal permit required a permit for future additions; adverse effect on public access; or a change in use contrary to the coastal specific plan: A. Trails B. Fences and walls; C. Drainage structures; D. Landscaping and landscape furniture; E. Repairs or maintenance to existing structures; and F. The installation, testing, and placement in service or the-replacement of any necessary utility connection between an approved development and an existing service facility, that conforms to city ordinances. G. Minor public works projects such as the erection of public signs; the painting or removing of street lines; parking space designations, or the painting or removing of paint from curbs; the maintenance and repair of public streets; the installation and maintenance of landscaping; the maintenance of city utilities, the repair and improvement of structures maintained, used or owned by the City, and the repair, replacement, maintenance or development of public facilities under emergency circumstances. H. Replacement of any structure destroyed by a natural disaster, other than a major public works facility. 1. Any category of development determined by the coastal commission to have no potential for any significant local impact on coastal resource or public access. J. Within the appealable development areas, additions of ten percent (10%) or less of the existing square footage, which do not add a story or loft and do not require a variance application. K. Wthin the non-appealable development areas, any changes requiring only a site plan review application. 17.72.060 ,,,.Eilioa fee. The filing fee for a coastal permit shall be as established by resolution of the city council. 17.72.070 Notice, Notwithstanding the provisions of chapter 17.80 (Hearing Notice and Appeal Procedure) of this title, the provisions of this section shall constitute ORDINANCE NO. 320 Page 186 of 312 the minimum notice for the review of coastal development. Notices may be consolidated with other required notices. A. Coastal excluded developments. A permit issued by the city for a development which is excluded from the coastal permit requirements, as defined in chapter 17.96 (Definitions) of this title, shall be exempt from the notice and hearing requirements of this chapter. B. Coastal Appealable developments. 1. At least ten (10) calendar days prior to the first public hearing on an appealable development proposal, as defined in chapter 17.96 (Definitions) of this title, the city shall provide notice by first-class mail of the pending application. This notice shall be provided to: a. Each applicant; b. All persons who have supplied self-addressed, stamped envelopes for that development project or for coastal decisions within the city; c. All owners and residents of property located within one hundred (100) feet of the perimeter of the parcel on which the development is proposed, or, if the number of such properties is less than ten (10), to all owners and residents of the ten (10) properties nearest to such parcel; and d. The coastal commission. 2. The notice shall contain the following information: a. A statement that the development is within the coastal specific plan district; b. The date of filing of the application and the name of the applicant; c. The number assigned to the application; d. The location and description of the proposed development; e. The date, time and place at which and by whom the application will be heard; f. A brief description of the general procedure concerning the conduct of hearing and local actions; and g. The system for city and coastal commission appeals. 3. If a decision on an appealable coastal permit is continued by the city to a time which is neither (a) previously stated in the notice, nor (b) announced at the hearing as being continued to a time certain, the city shall provide notice of any further hearings and of any action taken on the proposed development, as provided in section 17.72.080(B) of this chapter. C. Coastal non-appealable developments with hearing. Notice of non- appealable developments, as defined in chapter 17.96 (Definitions) of this title, within the coastal specific plan district that require a public hearing under city ordinance shall be provided in accordance with existing city notice requirements, incorporating the following criteria: 1. At least ten (10) calendar days before a hearing, the city shall provide notice by first-class mail of the pending application. This notice shall be provided ORDINANCE NO. 320 Page 187 of 312 to: a. All persons who have supplied self-addressed, stamped envelopes for notice of that development project or for coastal decisions in the city; b. All owners and residents of property within one hundred (100) feet of the perimeter of the proposed development, or, if the number of such properties is less than ten (10), to all owners and residents of the ten (10) properties nearest to such parcel; and c. The coastal commission. 2. Notice of the proposed development shall be published in a newspaper of general circulation in the city. 3. The notice shall contain a statement that the proposed development is within the coastal specific plan district. D. Coastal non-appealable developments without hearing. Notice of non-appealable developments, as defined in chapter 17.96 (Definitions) of this title, within the coastal specific plan district which do not require a public hearing under city ordinance, shall be provided as follows: 1. At least seven (7) calendar days prior to the decision on the application, the city shall provide notice by first-class mail of the proposed development. This notice shall be provided to: a. All persons who have supplied self-addressed, stamped envelopes for that development project or for coastal decisions within the city; b. All owners and residents of property within one.hundred (100) feet of the perimeter of the parcel on which the development is proposed; and c. The coastal commission. 2. The notice shall contain the following information: a. A statement that the development is within the coastal specific plan district; b. The date of ding of the application and the name of the applicant; c. The number assigned to the application; d. The location and description of the proposed development; e. The date the application will be acted upon and by whom; f. The general procedure of the city concerning the submission of written and oral public comments prior to the decision; and g. A statement that a public comment period of sufficient time to allow for the submission of comments by mail, will be observed before the decision is made. E. Final city decision. This section does not apply to excluded developments. Within seven (7) calendar days of a final decision on an application for any coastal development, after all city appeal periods have been exhausted, the city shall provide notice of its final action by first-class mail to the coastal commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the city. Such notice shall include written findings ORDINANCE NO. 320 Page 188 of 312 and the procedures for appeal of the local decision to the coastal commission. F. Failure to act. When the city determines that the time limits established pursuant to government code sections 65950-65957.1 have expired, the city shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice that it has taken final action by operation of law pursuant to government code sections 65950-65957.1. The appeal period for projects approved by operation of law shall begin only upon the receipt of the city notice by the coastal commission. This section shall apply equally to the city determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law. 17,72.080., Public,hearina. A. At least one public hearing shall be held on each of the following applications: 1. For an appealable development; or 2. For a non-appealable development which requires a public hearing pursuant to section 17.72.070(C), thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. The public hearing shall be conducted by the hearings officer, the planning commission, or by the city council when the application satisfies the criteria of section 17.72.080(C) of this chapter. B. Applications for coastal permits for non-appealable developments which do not require a public hearing under the provisions of this chapter, but.,which do require a public hearing pursuant to another city ordinance, may be heard concurrently with the other development application. C. To expedite review of an application, the city council may conduct the public hearing thereon, without having the application heard first by the hearings officer or the planning commission, when the purpose of the application for a coastal permit is: 1. To conduct geotechnical or geological investigations including, but not limited to, associated site preparation or similar work, and construction of access or other improvements necessary to the investigations; 2. To perform landslide remediation work including, but not limited to, grading and installation of drainage improvements; or 3. To maintain access or essential public services. 1 Z.72.Q_9Q_.,,,Eindinas. In granting a coastal permit, the following findings must be made: A. That the proposed development is consistent with the coastal specific plan; and B. That the proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the coastal act. ORDINANCE NO. 320 Page 189 of 312 17.7.2.1Q,Q 8ppeala, A. Appeals to the planning commission. The petitioner or any other interested person may appeal any decision of the hearings officer by filing a written request with the secretary of the planning commission within fifteen (15) days after the decision is made. If such an appeal is made, a copy of the hearings officer's findings shall be transmitted to the planning commission and coastal commission together with the request for appeal, and the planning commission shall confirm or deny the appeal. The planning commission shall conduct public hearings subject to the procedures and notification. The planning commission may do one of the following: 1. Approve the application upon finding that all applicable findings have been correctly made and all of the provisions of title 16 and title 17 of this municipal code, and the california coastal act of 1976, have been complied with; 2. Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 and title 17 of this muncipal code and the california coastal.act of 1976; 3. Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of title 16 and title 17 of this code and the california coastal act of 1976 have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of titles 16 and 17 of this municipal code and the california coastal act of 1976; 4. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 and title 17 of this muncipal code and the california coastal act of 1976 have not been complied with; or 5. Refer the matter to the hearings officer with instructions. Notice of final action shall be given pursuant to section 17.72.080(E) of this chapter, after all city appeal periods have been exhausted. B. Appeals to the city council. The petitioner or any other interested person may appeal any decision of the planning commission by filing a written request with the city clerk within fifteen (15) calendar days after the planning commission decision is made. If such an appeal is made, a copy of the planning commission findings shall be transmitted to the city council and coastal commission together with the request for appeal, and the city council shall confirm or deny the appeal. The city council shall conduct public hearings subject to the procedures and notification required of the planning commission. The city council may do one of the following: 1. Approve the application upon finding that all applicable findings have been correctly made and all provisions of title 16 and title 17 of this municipal code and the california coastal act of 1976 are complied with; 2. Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 and title 17 of this municipal code and the california coastal act of 1976; 3. Deny the application without prejudice, upon a finding that all ORDINANCE NO. 320 Page 190 of 312 applicable findings have not been correctly made or all provisions of title 16 and title 17 of this municipal code and the california coastal act of 1976 have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of title 16 and title 17 of this municipal code and the california coastal act of 1976; 4. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 and title 17 of this municipal code and the california coastal act of 1976 have not been complied with; or 5. Refer the matter to the planning commission, with instructions. Notice of final action shall be given pursuant to section 17.72.080(E) of this chapter, after all city appeal periods have been exhausted C. Exhaustion of appeals. Exhaustion of all city appeals shall be required before an appeal is filed with the coastal commission, unless any of the following occur: 1. The city requires an appellant to appeal to more appellate bodies than have been certified as such, for permits in the coastal specific plan district; 2. An appellant was denied the right of the initial appeal by a city ordinance which restricts the class of persons who.may appeal a city decision; 3. An appellant was denied the right of city appeal because notices and hearing procedures for the development did not comply with required procedures; or 4. An appeal fee for the filing or processing of an appeal is not waived by the city. D. Appeals to the coastal commission. An appeal of the city's final decision may be filed by an applicant, any aggrieved person, or any two members of the coastal commission. Where at any decision stage a project is appealed by any two members of the coastal commission: notice shall be transmitted to the city council. The appeal to the coastal commission shall be suspended pending a decision on the merits by the city council. if the decision of the city council body modifies or reverses the previous decision, the coastal commission may appeal the city council's decision. E. Appeal fee waiver. All appeal fees related to the city's coastal permit appellate procedure pursuant to this section, shall be waived. 1712,110 Final action. A. City action. The city decision on an application for a coastal development shall be deemed final when (1) the decision on the application has been made and all required findings have been adopted, and (2)when all city rights of appeal have been exhausted. B. Effective date of city action. A final decision on an application for an appealable development shall become effective after ten (10)working days following the final action if no appeal has been filed to the coastal commission, or after twenty- one ORDINANCE NO. 320 Page 191 of 312 (21) calendar days following the final action unless any of the following occur: 1. An appeal is filed in accordance with section 17.72.110 of this chapter; 2. The notice of final city action does not meet the requirements of section 17.72.080(E) of this chapter; and 3. The notice of final city action is not received in the coastal commission office in time to allow for the ten (10)working day appeal period or the twenty-one (21) calendar day appeal period after the city's decision. Where any of the above circumstances occur, the coastal commission ` shall, within five (5) calendar days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city action has been suspended. 17.72, 120 Concurrent permits.. A. if other development permits are granted for a project along with a coastal permit which is appealed to the coastal commission, the date of approval by the city of the other permit(s), for purposes of determining the life of said permit(s), shall be coincidental with the life of the coastal commission's permit, unless the approval of the other permit(s) specifically provides to the contrary. This section shall apply retroactively to any applicable project which has been approved by the city but has not yet been developed. B. In order to eliminate any ambiguity concerning the application of this section to conditional use permit no. 136, which was approved by the city council in 1991, the city council expressly declares that this section is to apply to that conditional use permit. ORDINANCE NO. 320 Page 192 of 312 Qhapter1774 RESIDENTIAL.PLANNED DEVELOPMENT PERMIT Sedions: 17.74.010 Concept plan review. 17.74.020 Residential planned development permit application. 17.74.030 Revisions to plan. 17.74.040 Bond for all common area and off-site improvements. 17.74.050 Occupancy permit. 17.74.060 Time Limit. 17.74.070 Findings and conditions. 1„7 74._01 Q Qoncept lan.[Qyiew. Prior to the submission of an application for a residential planned development permit for a residential planned development, the applicant shall submit a concept plan for preliminary review by the director. No decision will be made by the director; however, the comments and suggestions of the director may assist the applicant in developing more precise plans. The concept plan should include, but is not limited to: A. A schematic plan showing, in general terms, the uses, proposed densities, types of housing units, open space, streets, extent of grading, and landscaping; and B. Calculations of the site area, number of dwelling units, and open space area. 17,74.02Q Beraidential plaoned demelopment-permit apl . An application for a residential planned development permit to allow a residential planned development shall be fled by the applicant and acted upon by the planning commission. A residential planned development permit is a permit for the development of a residential planned development pursuant to chapter 17.42 (Residential Planned Development) of this title, and shall be controlled by the provisions of chapters 17.42 (Residential Planned Development) and 17.74. (Residential Planned Development Permit) of this title. The application shall be accompanied by the following materials: A. Fifteen (15) copies of a general development proposal including the following: 1. An architectural and topographical survey map of the site and the area within one hundred (100) feet of the site, including all existing structures, improvements, trees, natural features, waterways, elevations, and contour lines. The contour interval shall not be more than five (5) feet, except where authorized by the director. An aerial,,photograph may, with approval of the director, be submitted in lieu of the map; ORDINANCE NO. 320 Page 193 of 312 2. A general development plan showing the general location of all proposed structures and uses, types of housing, location and widths of streets, parking areas, pedestrian and bicycle circulation, recreation facilities, dedicated and commonly owned open space areas, extent of landscaping and grading, (including two section drawings of the site, one generally north-south and one east-west, showing the existing contour and proposed graded contour of the site) geological and soil survey reports method of drainage an indication of the phasing of the development with each phase to be developed, and a time schedule for the completion of each phase; 3. Computations of gross site area, number and sizes of units of various housing types, common open space area and number of covered and uncovered parking spaces. Where the development is to be completed in phases, and these computations shall also be shown for each phase of the development. 4. Any of the above requirements may be modified or waived by the director, upon the finding that such requirement is unreasonable or unnecessary for a particular proposal. B. Three (3) copies of rough drafts of proposed legal agreements and documents, including homeowners' association agreements, deed restrictions, covenants, dedication of development rights, easements, and any proposed method of maintenance and perpetuation of open space areas; C. Full disclosure of governmental programs, if any, under which the housing will be developed; and D. Such other data or plans as may reasonably be required by the planning commission for a proper and complete consideration of the proposed development; E. Where subdivision of land is intended, tentative maps may be processed concurrently with the residential planned development permit application. Such tentative maps shall be drawn and submitted as per title 10. 17.74.030 Revisions to plan. If, at the request of the applicant, revisions to the general development pians are desired, the following guidelines will be used by the director: A. For minor revisions not involving a change in use, increase in density or extent or general location of buildings, or reduction in area of open space, the plans need not be returned to the planning commission; however, approval of the director is required. B. For revisions involving an increase in density or reduction of open space of no more than ten percent (10%); and which do not entail a major change in the locations of buildings and open space, the revised plans must be reviewed by the planning commission and the residential planned development permit must be amended as necessary. C. For major revisions involving a change in use or a decrease in the area of open space exceeding ten percent (10%); or any other change which is not addressed by subsections 17.74.030 (A) and (B) of this chapter, a new residential planned development permit application must be filed, a new filing fee paid, and public hearing scheduled. ORDINANCE NO. 320 Page 194 of 312 1Z.74.04Q Bond fg[all commgji areaand off-sit Prior to issuance of a building or grading permit,'and prior to approval of a final map where a subdivision is involved, a bond, or other acceptable security, shall be posted to ensure the completion of all common area and off-site improvements within any phase of the development, including landscaping, recreational facilities, and other site features as per approved plans. 1.7=7.4.Q50 ,,.,. ccuana,,sy,.,pe.[mit. A. No occupancy permit shall be granted for any structure, and no parcel, lot or portion of a residential planned development shall be separately sold or encumbered, without the approval of the director. The director may grant such approval upon finding that the common area and off-site improvements for the portion of the development in which such structure, parcel or lot is located are sufficiently complete, so that any dwelling units sold, or units to be constructed on lots sold, will be accessible and livable and that all dwelling units indicated upon approved plans are substantially completed to such an extent that all exterior walls are covered. A bond or other guarantee may be accepted by the director in lieu of substantial completion of common area improvements, off-site improvements, and dwelling units indicated upon approved plans. B. The planning commission may waive the requirement of substantial completion of all dwelling units upon a finding that substantial completion is not necessary to protect the interests of the city and the residents of the development. C. The planning commission may authorize the issuance of an occupancy permit for a portion of a residential planned development which is a functional whole, and which meets the density and open space requirements of this title. D. The planning commission may waive the requirements of substantial completion pursuant to section 17.74.050(6) of this chapter or authorize division of a residential planned development, pursuant to section 17.74.054(C) of this chapter, at any hearing on the development, noticed pursuant to the conditional use permit notice requirements described in chapter 17.60 (Conditional Use Permits) of this title. An appeal to the city council from any such decision of the planning commission may be made pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. ,1 7.74.060 Time limit. Notwithstanding the permit expiration regulations described in section 17.86.070 (Enforcement) of this title, if construction has not been completed to the point of foundation inspection.for a unit within one (1) year, or if a phase has not been completed within two (2) years from the date of approval of the final develo- pment proposal for the phase, the residential planned development permit shall expire and be of no further effect. A one (1) year extension may be granted by the planning commission for good cause, where conditions of the surrounding area have not changed to the extent that the general development proposal for the development or the final development proposal for any phase, no longer meets the residential planned development permit or plan review criteria. .17.74.07Q Eindina and Conditions. ORDINANCE NO. 320 Page 195 of 312 A. The design of the project shall include common recreation facilities not normally provided in a standard residential development, which would occur under the applicable base zoning district development standards of this title. The planning commission may grant a residential planned development permit only if it finds: 1. The proposed residential planned development conforms to the intent of the general plan and any specific plan adopted by the city; 2. The proposed residential planned development conforms to the uses and development standards contained in chapter 17.42 (Residential Planned Development) of this title. 3. The proposed residential planned development conforms to the intent of the provisions and requirements of title 17, including but not limited to the residential development standards of chapter 17.02 (Single Family Residential Districts) of this title. In particular, the plans indicate that adequate consideration has been given to the scale, architectural styles and materials of both the proposed and surrounding residences. 4. The site and grading plans indicate adequate consideration for the preservation of existing trees and native plant growth, watercourses and other natural features, and natural topography. Creation of individual "pads" for each home site, in hillside areas, shall be discouraged. Building design shall accommodate the site; 5. The plans for the proposed development show that adequate consideration has been given to privacy at the individual, family and neighborhood levels, including visual and acoustical privacy, in terms of the separation or orientation of dwelling units and private outdoor living areas; 6. The plans indicate that adequate consideration has been given to auto and pedestrian circulation, discouraging through-traffic on local streets, speed control, access, convenience, safety, and the recreational aspects of pedestrian and bicycle circulation; and an indication on the plans that the design of any proposed streets that vary from city standards will perform the function required and that the off-site improvements will not create maintenance costs to the city which greatly exceed the costs for standard off-site improvements; 7. The plans indicate that common open space areas will be suitable for recreational use, and valuable for views, conservation or separation of dwelling units; 8. The plans indicate that adequate consideration has been given to the provision of common recreation areas and facilities, in relation to the size of the private lots and reduced recreation opportunities in private yards; and 9. The plans indicate adequate consideration for adjacent existing and future developments, and the extension of the circulation, open space, drainage and utility systems from one development to another. 10. That, in approving the subject use at the specific location, there will be no sigpificant adverse effect on adjacent property or the permitted use thereof; 11. That if the site of the proposed use is within any of the overlay ORDINANCE NO. 320 Page 196 of 312 e control districts established by chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with all applicable requirements of that chapter; and 12. That the conditions regarding any of the requirements listed in the following paragraphs, which the planning commission finds to be necessary to protect the health, safety and general welfare, have been imposed: a. Special setbacks and buffers, b. Fences or walls, c. Lighting, d. Vehicular ingress and egress, e. Noise, vibration, odors, and similar emissions, f. Landscaping, g. Maintenance of structures, grounds, or signs, h. Service roads or alleys, and i. Such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. ORDINANCE NO. 320 Page 197 of 312 hap#Qr,17..76 MISCELLANEOUS PERMITS AND STANDARDS aections: 17.76.010 Parking lot permit 17.76.020 Antennas, satellite dishes, ham radio antennas and ham radio antenna permit 17.76.030 Fences, walls and hedges 17.76.040 Grading permit 17.76.050 Sign permit 17.76.060 Extreme slope permit 17.76.070 Large family day care home permit 17.76.080 Convenience stores 17.76.090 Automobile service stations 17.76.100 City tree review permit 17.76.110 Exotic animal permit 17.76.115 Large domestic animal permits 17.76.120 Arcades 17.76.130 Geologic investigation permit 17.76.140 Bed and breakfast inns 17.76.010 Parkina lot p-grMit. A. To insure compliance with the standards set out in chapter 17.50 (Non-Residential Parking and Loading Standards) and established traffic engineering practices, anyone constructing a parking lot containing six (6) stalls or more in any zoning district, whether separate or in conjunction with a structure, shall, obtain a parking lot permit from the director prior to any development. Parking lots approved by the planning commission or staff in conjunction with other permits are exempted from this parking lot permit requirement. The development standards for parking areas set forth in section 17.50.040 (Non-Residential Parking and Loading Standards) shall apply. A plot plan must be submitted with an application for a parking lot permit indicating the following: 1. Owner's name, current address and telephone number; 2. The scale of the plot plan, not smaller than one (1) inch equals twenty (20) feet; 3. North point at top of page; 4. All adjacent streets and alleys; 5. All adjacent sidewalks, curbs, gutters, driveways and street trees; 6. Dimensions and height of any buildings in number of stories or feet and total floor area; ORDINANCE NO. 320 Page 198 of 312 7. Completely dimensioned parking layouts, which indicate all handicap parking, compact parking and whether parking spaces are single or double striped; 8. All parking spaces, wheel bumpers and directional arrows clearly marked; 9. The type and thickness of the paving; 10. A grading and drainage plan; 11. Proposed lighting system, if applicable; 12. The botanical and common names of the plants and trees to be used, and the size, quantity and spacing of each tree, plant, or shrub to be planted; 13. A satisfactory method of irrigation for all planted areas. This may be a manual or automatic sprinkler system, with consideration in laying out the watering system given to water pressure, pipe sizes, types of irrigation sprinkler heads, hose bibs, and volume of water required for the area to be irrigated. Automatic sprinkler systems shall contain flow sensing devices to detect leaks in the irrigation lines. The flow sensing devices shall be inspected regularly and maintained in good working condition by the person(s) having control of such devices; and 14. For commercial and industrial uses, all loading spaces, loading docks, and loading doors on buildings. B. A fee is required, as established by resolution of the city council. A parking lot permit requires the written approval of the director after review by the director of public works. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures). C. Temporary Lots. Parking lot permits for temporary parking lots which do not meet the standards for permanent lots may be issued by the director and renewed on an annual basis for a period not to exceed three (3) years, provided that a plot plan, as required above, is submitted by the applicant. A temporary parking lot permit shall be approved only if the parking facility is surfaced and continuously maintained dirt, dust and weed free; existing plant materials are maintained; and a bond or other trust deposit in an amount to be determined by the director, is posted to ensure the development of the facility to the standards of this section or its removal at the end of the temporary permit period. 7.15.Q20 An n satellite diahes. ham Eadigantenam andham radig antenna pelf.. A. Commercial Antennas. The installation and/or operation of a commercial antenna shall require the submittal and approval of a conditional use permit by the planning commission pursuant to chapter 17.60 (Conditional Use Permits). This subsection shall apply to all commercial antennas, as defined in chapter 17.96 (Definitions) of this title. ORDINANCE N0. 320 Page 199 of 312 1. Purpose. The purposes of this subsection are as follows: a. To minimize visual impacts of antenna towers through careful design, siting and vegetation screening; b. To avoid damage to adjacent properties from tower failure through careful design and siting of tower structures; and c. To maximize use of an existing transmission or relay tower to minimize the need to construct new towers. 2. Site size and tower setbacks. a. The site shall be of a size and shape sufficient to provide an adequate setback from the base of the tower to any property line. Such setback shall be sufficient to: L Provide a visual buffer; and ii. Preserve the privacy of adjoining residential property. b. For unguyed towers-of up to one hundred (100) feet in height, a minimum setback of twenty-five (25) feet is required between the base of the tower and any property line. c. For unguyed towers above one hundred (100) feet in overall. height, a setback equal to twenty-five percent (25%) of the height of the tower above grade is required between the base of the tower and any property line. d. For a guyed tower, the tower setback must be sufficient to provide for the guy anchor setback as stated in subsection (A)(3) of this section. e. Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met for each tower. Structures may be located as close to each other as is technically feasible. f. Structures used in association with the towers shall meet the setbacks required in the applicable zoning district. 3. Guy setback. a. For a guyed structure, the site shall be of a size and shape sufficient to provide a setback of at least twenty-five (25) feet between a guy anchor and any property line, in addition to the sufficient site size required to comply with subsection (A)(2) of this section. Such setback shall be adequate to provide a vegetative, topographic or other buffer sufficient to obscure view of the anchor from any adjacent properties. 4. Required sharing of new towers. If multiple antennas are proposed for a new antenna structure, the new tower shall be designed to structurally accommodate the maximum number of additional users and shall be consistent with the requirements of subsection (A)(5) of this section. a. Such design requirements may be reduced if the required size of the tower significantly exceeds the size of existing towers in the area and would therefore create a visual impact that would dominate and alter the visual character of the area when compared to the impact of other existing towers. b. Once a new tower is approved, additional antennas and ORDINANCE NO. 320 Page 200 of 312 accessory uses may be added in accordance with an approved sharing plan, if the director finds that the standards of paragraphs A(5), A(6), A(7), A(9), A(10) and subparagraph A(11)(c) of this section are met. c. If a new tower is approved, the applicant shall be required, as conditions of approval, to: i. Respond in a timely and comprehensive manner to a request for information from a potential shared-use applicant; and ii. Negotiate in good faith for shared use by third parties. 5. Visual impact. The applicant shall demonstrate that the tower can be expected to have the least visual impact on the environment, taking into consideration technical, engineering, economic and other pertinent factors. Towers clustered on the same site shall be of similar height and design whenever possible. a. Towers will be painted and lighted in accordance with federal aviation administration regulations (part 77), if applicable. b. Towers shall be the minimum height necessary to provide parity with similar, existing tower-supported antennas, and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower. 6. Maintenance impacts. Equipment at a transmission or relay facility shall be automated to the greatest extent possible to reduce traffic to the site. The applicant shall describe anticipated maintenance needs, including frequency of service; personnel needs; equipment needs; and traffic, noise or safety impacts of such maintenance. 7. Parking. A minimum of two (2) parking spaces shall be provided on each site; an additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Storage of vehicles or equipment requires approval of the director or planning commission. Vehicle and equipment storage must conform to landscape and screening requirements. 8. Landscaping. The applicant shall provide a landscape plan to be approved by the director or planning commission. The plan shall note specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers, accessory uses and stored equipment. Native vegetation shall be preserved to the greatest extent practicable and incorporated into the landscape plan. 9. Accessory uses. a. Accessory uses shall include only such buildings and facilities necessary for transmission and reception and associated satellite ground stations, but shall not include broadcast studios, offices, or other uses which are unnecessary for reception and transmission. b. Accessory uses may include emergency generators, facilities for emergency broadcast purposes or for other limited purposes that would not create significant additional impacts as determined by the director. Emergency generators require sufficient soundproofing. It is unlawful to operate generators for maintenance runs except between the hours of seven a.m. and seven p.m. Monday through Saturday. No such activity shall be permitted on Sunday. ORDINANCE NO. 320 Page 201 of 312 10. Agency coordination. The applicant*"shall provide the following information in writing from the appropriate responsible official: a. A statement from the federal aviation administration that the application has not been found to be a hazard to air navigation under part 77, federal aviation regulations, or a statement that no compliance with part 77 is required. b. A statement from the federal communications commission that the application complies with their regulations or a statement that no such compliance is necessary. c. The statements in subsections 10(a) and 10(b) may be waived when the applicant demonstrates that a good faith, timely effort was made to obtain such responses as determined by the director. The applicant must convey any subsequent response to the director as soon as possible. 11. Requirements for an application. The installation and/or operation of a commercial antenna shall require the submittal of a conditional use permit application. The application package shall contain the following information: a. A completed conditional use permit application with: L Site plan(s)to scale, specifying the location of tower(s), guy anchors, equipment building and other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses. Such plan(s) shall also demonstrate com- pliance with subsections (A)(2) and A(3) of this section. ii. Scaled elevation plans of proposed tower(s), antenna arrays, equipment building and other accessory uses and related landscaping and screening. iii. A completed environmental assessment application. b. Scaled landscape plans indicating size, spacing and type of plantings as required in subsection (A)(8) of this section. c. A report from a professional engineer registered in the state documenting the following: L Tower height and design, including technical engineering, economic, and other pertinent factors governing selection of the proposed design. A cross-section of the tower structure shall be included. ii. Power output and operating frequency for the proposed antenna. iii. Total anticipated capacity of the structure, indicating the number and types of antennas and power and frequency ranges which can be accommodated. iv. Sufficient evidence of the structural integrity of the tower as required by the city building official. v. Demonstration that site and setbacks are of adequate size to contain debris in the event of tower failure. vi. Specific design reconstruction plans indicating the means by which the shared use provisions of this section will be met. d. Evidence of compliance with the agency coordination requirements of subsection (A)(10) of this section. ORDINANCE NO. 320 Page 202 of 312 e. A letter of intent to lease excess""space on the tower structure and to lease excess land on the tower site when the shared use potential of the tower is absorbed to the extent structurally and technically possible. f. The applicant shall quantify the anticipated tower capacity, including the approximate number of types of antennas. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass, height, or other characteristics. The applicant shall de- scribe the technical options available to overcome those limitations, and reasons why the technical options considered were not incorporated. The director shall approve those limitations if they cannot be overcome by reasonable means. g. Evidence of the need for the antenna structure due to insufficient space on all suitable existing towers and insufficient space on existing tower sites for the proposed structure. h. The anticipated maintenance needs, as described in subsection (A)(6) of this section. 12. Review Procedure. a. New towers, related structures and tower sites require approval of a conditional use permit by the planning commission upon finding: i. That no existing or planned tower approved after the effective date of the ordinance codified in this chapter can accommodate the applicant's proposed antenna or proposed service area; or ii. That the proposed tower cannot be located..on the site of an existing or planned tower approved after the effective date of the ordinance codified in this chapter. b. New antennas mounted on existing towers or structures that would not require substantial modifications may be approved by the director with the following required information: L An approved engineering study addressing structural, power, and frequency compatibility with the existing tower and antennas; and ii. A list of all proposed support equipment and anticipated maintenance needs. 13. Notice. Notice shall be published in a newspaper of general circulation and given to owners of property within five hundred (500) feet of the project, to all persons requesting notice, to any affected homeowner associations, and the applicant pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. 14. Appeal. The decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedure) of this title. R. Satellite Dish Antennas. 1. Purpose. The purposes of this subsection are as follows: a. To recognize that satellite dish antennas create different and more extensive visual impacts than other antennas because of their bulk, diameter surface area, opaqueness, mobility, and eye level installation. b. To provide standards that address the different and more ORDINANCE NO. 320 Page 203 of 312 extensive visual impacts created by satellite dish antennas in order to: L Conserve and preserve the unique views created by hillside topography and coastal development patterns, and develop regulations that encourage view preservation; ii. Preserve and protect the unique semi-rural and open character of the community and overall aesthetic and visual qualities of the city; iii. Conserve, protect and enhance the natural resources, beauty and open space of the community for the benefit and enjoyment of its residents and the residents of the entire region; and iv. Preserve and protect identified significant views from disruption or degradation as expressed*by the goals, objectives and general policies of the general plan. c. To ensure that satellite dish antennas are installed securely and in locations that do not impair the health, safety and welfare of the community. d. To ensure that the city regulations are consistent with federal regulations and allow reasonable reception of satellite-delivered signals by receive-only antennas in a manner that is consistent with the general plan. 2. - Antennas exempt. A satellite dish antenna which is thirty-nine (39) inches (1 meter) or less in diameter shall not require approval by the director or a building permit. This exemption shall not apply to: a. Dish antennas located on a mast which is greater than twelve (12) feet in height, as measured from adjacent existing grade; or b. Dish antennas located on the roof of a structure that exceeds twelve (12) feet in height, as measured from adjacent existing grade. Satellite dish antennas which are thirty-nine (39) inches (1 meter) or less in diameter and not exempt under this subsection shall require the review and approval by the director through a site plan review application and a building permit. The purpose of the site plan review and building permit is to ensure that the dish will be properly affixed to the structure and has been designed so as to address wind velocity and other factors affecting the safety and location of the dish. 3. Permit required. Except for antennas determined to be exempt pursuant to subsection (B)(2) of this section, approval from the director is required prior to the placement or installation of any satellite dish-antenna. Application for approval shall be made upon site plan review application forms provided by the city and shall be accompanied by the following: a. Two (2) copies of a scaled site plan showing the location of the satellite dish antenna and its relation to property lines, topography, and all structures on the property, and two (2) copies of an elevation drawing showing the proposed height, size, color and material of the satellite dish antenna. If a building permit is required Rursuant to section 301 of the uniform building code, three (3) copies of the above plans are necessary. b. A fee, as established by resolution of the city council. If, pursuant to this section, a report from a qualified technician is submitted to the city for ORDINANCE NO, 320 Page 204 of 312 review, the applicant shall submit a trust deposit, in an amount'"established by resolution of the city council, to pay for the cost of an independent review of the technical report. 4. Multiple-family developments. One (1) master satellite dish antenna shall be allowed in a multiple-family developments with two or more dwelling units, upon approval of a conditional use permit, pursuant to chapter 17.60 (Conditional Use Permits) of this title. 5. Staff review. The director shall approve or conditionally approve any application for the installation of a satellite dish antenna, if the director finds as follows: a. The placement of the satellite dish antenna is consistent with the intent and purpose of this chapter. b. The satellite dish antenna is not greater than twelve (12) feet in diameter. c. The satellite dish antenna is not greater than sixteen (16) feet in height, as measured from the point at which the antenna foundation meets grade to the highest point of the antenna, and is not located on the roof of a single family residence and/or accessory structure, unless: L the applicant submits a report from a qualified technician, describing signal reception capabilities of the proposed satellite dish antenna from alternative locations on the subject property, which demonstrates to the satisfaction of the Director that no reasonable alternative location is available that would provide reasonable signal reception on the subject property at a height of sixteen (16)feet or less or not on a roof; ii. the satellite dish antenna does not significantly impair a view from any adjacent property and is substantially screened from view from any adja- cent property, including any adjacent public or private street or sidewalk, provided that such screening does not preclude reasonable reception; iii. the overall height of the satellite dish antenna does not exceed the maximum ridge line of the roof of the primary structure on the property; and iv. the satellite dish antenna is painted to match the color of the roof it is located on. d. The satellite dish antenna is substantially screened from view from any adjacent properties and/or any adjacent public or private street or sidewalk. The method of screening may include landscaping, fences, or walls as permitted by section 17.76.030 (fences, walls and hedges) of this title. e. The satellite dish antenna is constructed using standard colors and in a manner that blends with its surroundings. f. The satellite dish antenna is not installed on an extreme slope (35% or more), unless: L the applicant submits a report from a qualified technician, describing signal reception capabilities of the proposed satellite dish antenna from alternative locations on the subject property, which demonstrates to the satisfaction of the director that no reasonable alternative location is available that would provide reasonable signal reception on the subject property on a slope of less than 35%; and ORDINANCE NO. 320 Page 205 of 312 ii. the satellite dish antenna satisfies the requirements of section 17.76.060(E) (extreme slope permit) of this title, and is substantially screened from view from any adjacent property, including any adjacent public or private street or sidewalk, provided that such screening does not preclude reasonable reception. g. No portion of the satellite dish antenna is located within any required setback. However, the satellite dish antenna may be located in a rear or side yard setback if the applicant submits a report from a qualified technician, describing signal reception capabilities of the proposed satellite dish antenna from alternative locations on the subject property, which demonstrates to the satisfaction of the director that no reasonable alternative location is available that would provide reasonable signal reception on the subject property. if placement in the rear or side yard is approved, a minimum setback of three (3) feet from the adjacent property line is required. In addition, the satellite dish antenna must be substantially screened from view from any adjacent properties and any adjacent public or private street or sidewalk. h. Unless otherwise determined by the director, only one satellite dish antenna is permitted per lot. L The satellite dish antenna is not used as a sign for any commercial establishment. j. Where practical, all wires from satellite dish antennas shall be underground. 6. Planning commission review. In the event that the director denies an application pursuant to subsection (13)(5) of this section or the applicant disagrees with conditions of approval established by the director, the applicant may appeal the director's decision to the planning commission pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure) of this title. a. The appeal must be accompanied by a typed mailing list of all property owners adjacent to the subject property, using the last equalized tax roll of the county assessor, and a vicinity map identifying all properties included on the mailing list. Notice of the appeal shall be given to the property owner, all owners of adjacent properties, any affected homeowners associations and any person specifically requesting such notice. b. Other materials, including, but not limited to, a report from a qualified technician describing signal reception capabilities of the proposed satellite dish antenna from alternative locations on the subject property, and additional copies of plans as may be required by the director. c. Notice of the planning commission decision shall be mailed to any interested party that has submitted a written request for such notice to the director 7. City council review. The decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedures of this title. However, notice of the city council hearing need only be given to. any interested party that has submitted a written request for such a notice to the director. 8. Planning commission/city council review criteria. ORDINANCE NO. 320 Page 206 of 312 a. The planning commission or city council may approve or conditionally approve an application notwithstanding the requirements of subsection (13)(5) of this section if the applicant, through the submittal of a report from a qualified technician, demonstrates to the satisfaction of the planning commission or the city council that practical difficulties exist which prevent placement or installation of the satellite dish antenna in a manner that is consistent with the requirements of section 17.76.020(6)(5) (staff review) and which provides for reasonable signal reception. Practical difficulties include, but are not limited to, the cost of compliance with the requirements of this chapter if such cost is excessive in relation to the purchase and installation cost of the antenna. b. The planning commission or the city council may approve ` an antenna subject to reasonable conditions necessary to serve the intent of this chapter. Conditions shall not be applied so as to preclude reasonable signal reception or to impose costs that are excessive in light of the purchase and installation cost of the satellite dish antenna. 9. Amortization. a. All satellite dish antennas shall conform to the requirements of this section. b. Satellite dish antennas for which prior approval was granted by the city or another agency with jurisdiction over permit issuance shall be made to conform to the provisions of this chapter within five (5) years from the date written notice is mailed to the property owner. c. Satellite dish antennas that have been installed without prior approval of the director shall be brought into conformance with the requirements of this chapter within ninety (90) days of the date written notice is mailed to the property owner. Penalty fees are waived for all applications submitted within this period. C. Ham Radio Antennas. 1. General regulations. The erection and/or replacement of ham radio antennas for non-commercial purposes shall be reviewed by the director through either a site plan review application or a ham radio antenna permit application and shall be subject to the following general regulations. a. Two (2) ham radio antenna support structures shall be allowed per lot. b. Antenna height shall be measured as follows: L The height of the antenna shall include the antenna support structure and shall be the maximum to which it is capable of being extended; ii. For an independent antenna support structure or one mounted on an accessory structure, the height shall be measured from the highest point of the existing grade covered by the foundation of the structure to the maximum height to which the antenna is capable of being extended; and iii. For an antenna support structure mounted on a main building, height shall be measured from existing grade to the maximum height to which the antenna is capable of being extended, pursuant to the residential building height measurement methods described in section 17.02.040 (Single Family Residential ORDINANCE NO. 320 Page 207 of 312 Districts) of this title. c. Existing antennas and antenna support structures two (2) inches thick (outer diameter) or smaller may be replaced with a similar structure without application to the city. 2. Site Plan Review Approval. The following ham radio antennas and antenna support structures are permitted upon determination by the director through a site plan review application that adequate provision is rude for safety and that all building code and development code requirements, such as setbacks, are met, and that the placement of the antenna minimizes the impact on the primary view of any affected property, as defined in section 17.02.040 (Single Family Residential Districts) of this title. a. Antennas, including the antenna support structure, which are thirty (30) feet or less in height; b. Antennas, including the antenna support structure, which nest at thirty (30) feet or less in height and extend to no more than forty (40) feet in height; and c. Antennas, including the antenna support structure, which do not exceed two (2) inches in outer diameter and which are forty (40) feet or less in height. d. Notice. Notice of the director's decision shall be provided to the applicant and any interested parties. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. D. Ham radio antenna permit. Ham radio antennas or antenna support structures over thirty (30) feet, in height, except as set forth in subsection C(2) of this section, shall require the approval of a ham radio antenna permit by the planning commission. 1. Application. Application for a ham radio antenna permit shall be made on forms provided by the city and shall include such plans and documents as may reasonably be required by the director for a complete understanding of the proposal and a filing fee in-an amount established by resolution of the city council. 2. Notice. Upon receipt of a complete application for a ham radio antenna permit, the director shall provide written notice of the application to all owners of a property shown on the last known county assessor tax roll and homeowner associations located within a radius of five hundred (500)feet of the external boundaries of the property where the ham radio antenna is proposed. 3. Action by planning commission. In granting a ham radio antenna permit, the planning commission shall consider: a. The extent to which the proposed antenna and antenna support structure interferes with a primary view as defined in the development code of a lot or lots within five hundred (500) feet of the subject lot; and b. The degree to which refusing the permit would interfere with the applicant's right of free speech. In evaluating this criterion the director may ORDINANCE NO. 320 Page 208 of 312 establish a maximum height for the antenna structure which appropriately balances the applicant's right of free speech with the goals of the city's general plan and development code. c. Appropriate conditions to minimize significant view impairment and to promote the goals of the general plan and development code, such as: i. Location restrictions, ii. Nesting restrictions, iii. Array size restrictions, iv. Mass of tower restrictions, v. Height restrictions, and vi. Elimination of guy wires. 4. If the application is granted or conditionally granted, notice of the planning commission's decision shall be given to the applicant and to all interested persons. Notice of denial shall be given only to the applicant. The applicant or any interested person may appeal the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. 5. The ham radio antenna permit shall be valid only so long as all conditions imposed are fully complied with, the antenna structure is maintained in good repair, and the applicant resides on the property described in the application. E. Television Antennas. Roof-mounted television non-dish-rantennas may be installed and/or replaced without the approval of the director provided the following standards are met: 1. A maximum of one (1) television non-dish antenna shall be allowed per lot; 2. The maximum height of the antenna, as measured from the point of attachment to the structure to the highest point of the antenna shall not exceed ten (10) feet; 3. In multiple family developments of three (3) or more units, only one master television antenna shall be allowed. Television antennas which do not conform to the above standards may be permitted through a site plan review application upon determination by the director that adequate provision is made for safety and that all building code and development code requirements, such as setbacks, are met, and that the placement of the antenna minimizes the impact on the primary view of any affected property, as defined in section 17.02.040 (Single Family Residential Districts) of this title. Notice of the director's decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given only to the applicant. Any interested person may appeal the director's decision to the planning commission and the planning commission's decision to the city council pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure) of this title. ORDINANCE NO. 320 Page 209 of 312 17.76,03Q-.,Feages, wafts and hedaes,. A. Purpose. These standards provide for the construction of fences walls, and hedges as required for privacy and for protection against hazardous conditions, dangerous visual obstruction at street intersections, and unnecessary impairment of views. B. Fence, Wall & Hedge Permit Required. 1. Permit Required. A fence, wall and hedge permit shall be required for any fence, wall or hedge placed within the rear yard setback adjacent to a rear property line or for any wall or hedge placed within the side yard setback adjacent to an interior side property line of any contiguous or abutting parcel (as determined by the director), except as specified below: a. Fences, walls, or hedges located where the grade differential between the building pads of adjacent lots, measured .perpendicular to the boundary between the two properties contiguous to or abutting the fence, wall, or hedge, exceeds two (2) feet in elevation; or b. Fences, walls, or hedges where the subject lot is located upslope of any property contiguous to or abutting the location of the fence, wall or hedge; or c. Fences, walls, or hedges when the top of the fence, wail, or hedge is at a lower elevation than that of the pad of the upslope lot; or 2. Findings. A fence, wall & hedge permit may be approved only if the director finds as follows: a. That the fence, wall or hedge would not significantly impair a view from the viewing area, as defined in chapter 17.02 (Single Family Residential Districts), of another property or a view from public property which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing area. Views shall be taken from a standing position, unless the primary viewing area is more suitable to viewing in a seated position. b. That all foliage on the applicant's lot which exceeds sixteen (16) feet or the ridgeline of the primary structure, whichever is lower, and impairs a view from the viewing area of another parcel, as defined in chapter 17.02 (Single Family Residential Districts) or a view from public property which has been identified in the city's general pian or coastal specific plan, as a city-designated viewing area, shall be removed prior to permit approval. This requirement shall not apply where removal of the foliage would constitute an unreasonable invasion of the privacy of the occupants of the property on which the foliage exists and there is no method by which the property owner ORDINANCE NO. 320 Page 210 of 312 can create such privacy through some other means permitted by this title that does not impair a view from viewing area of another property. c. That placement or construction of the fence, wall or hedge shall comply with all applicable standards and requirements of the rancho palos verdes municipal code and general plan. d. Notwithstanding finding 2(a) above, the applicant's request shall be approved if the director determines that findings 2(b) and 2(c) listed above can be made and either: i. Denial would constitute an unreasonable invasion of the privacy of the occupants of the applicant's property and there is no method by which the property owner can create such privacy through some other means permitted by this title that would not significantly impair a view from a viewing area of another property; or, ii. Denial would prevent compliance with the swimming pool fencing requirements contained in subsection E of this section and there is no reasonable method to comply with subsection E that would not significantly impair a view from a viewing area of another property. 3. Notice of Decision. The notice of decision of a fence, wall, ` and hedge permit shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given only to the applicant. Any interested person may appeal the director's decision to the planning commission pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure) of this title. 4. The decision of the planning commission may be appealed to the city council pursuant to Section 17.80.070 (Hearing Notice and Appeal Procedure) of this title. 5. The director, the planning commission and city council may impose such conditions on the approval of a permit as are necessary to protect the public health, safety, and welfare and to carry out the purpose and intent of this section. 6. In the case of conflict between the provisions of this section and other provisions of the development code or the building code, the most restrictive provisions apply. C. Fences, walls and hedges allowed without a permit. Unless restricted by conditions imposed through a fence, wall and hedge permit pursuant to subsection B of this section, fences, walls and hedges which meet the following requirements shall be allowed without a permit: 1 Residential zoning districts. a. Fences, walls, and hedges located between the front property line and the exterior facade of the existing single family residence closest to the front property line or between the street side property line and the existing single family residence closest to the street side property line shall meet the following standards: i. Up to forty-two (42) inches in height shall be permitted, except as restricted by the intersection visibility requirements of section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title. ii. When combined with a retaining wall, the total height ORDINANCE NO. 320 Page 211 of 312 may not exceed forty-two(42) inches, except as restricted by the' intersection visibility requirements of section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title; and iii. When located within the front yard of a flag lot and the front property line of the flag lot abuts the rear or interior side property line of an adjacent lot, up to six (6) feet in height shall be permitted. b. Fences, walls and hedges not subject to subsection C(1) of this section shall meet the following standards: i. Fences and walls up to six (6) feet in height shall be permitted on any part of a lot behind the front or street-side setback areas, except as restricted by section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title; and ii. Hedges up to sixteen (16) feet in height shall be permitted on any part of a lot behind the front or street-side setback areas, except as restricted by the view preservation and restoration provisions which apply to foliage, as described in chapter 17.02 (Single-family Residential Districts). iii. When combined with a fence, freestanding wall, or retaining wall, the total height may not exceed eight (8) feet, as measured from grade on the lower side, and may not exceed six (6) feet, as measured from grade on the higher side. iv. When combined with a fence, freestanding wall, retaining wall or hedge, the total height may not exceed sixteen (16) feet, as measured from grade on the lower side, and may not exceed eighteen (18) feet, as measured from grade on the higher side, provided the height of each individual fence, freestanding wall and/or retaining wall does not exceed the height limitations prescribed by this title. c. Temporary construction fences, as defined in chapter 17.96 (Definitions), up to six (6) feet in height may be located within front or street side setback areas, pursuant to the temporary construction fencing provisions of section 17.66.020(C) (Environmental Protection) of this title. 2. Non-residential zoning districts. a. Fences, walls, and hedges located between the front property line and-the exterior facade of the existing single within front and street-side setbacks shall meet the following standards: i. Up to forty-two (42) inches in height shall be permitted within the front or street-side setback areas, except as restricted by the intersection visibility requirements of section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title. ii. When combined with a retaining wall, the total height may not exceed forty-two (42) inches in the front or street-side setback areas, except as restricted except as restricted by the intersection visibility requirements of section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title. b. Fences, walls and hedges located behind front and street-side setbacks shall meet the following standards: i. Up to six (6) feet in height shall be permitted on any ORDINANCE NO. 320 Page 212 of 312 part of a lot behind the front or street-side setback areas, except as restricted by the intersection visibility requirements of section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title. ii. When combined with a retaining wall, the total height may not exceed eight (8) feet as measured from grade on the lower side and may not exceed six (6) feet as measured from grade on the higher side. c. Temporary construction fences, as defined in chapter 17.96 (Definitions), up to six (6) feet in height may be located within front or street side setback areas, pursuant to the temporary construction fencing provisions of section 17.56.020(C) (Environmental Protection) of this title. D. Fences, walls, hedges and windscreens --Permitted with a minor exception permit. 1. The following fences, walls, hedges, and windscreens shall be permitted subject to the approval of a minor exception permit pursuant to chapter 17.66 (Minor Exception Permits): a. Fences higher than.forty-two (42) inches and up to six (6) feet in height located in the front and street-side setback areas, provided the area between the street and any such fence is landscaped, per a plan approved by the director of planning. b. A fence, wall or hedge, or any combination thereof, located outside of a front or street-side setback area which does not exceed eleven and one-half(11 1/2) feet in height as measured from grade on the lower side and six (6)feet in height as measured from grade on the higher side. c. Fences higher than six (6)feet and up to ten (10) feet in height and not within the required setback areas or a combination of a three and one-half (3 1/2) foot retaining wall and recreational fencing of ten (10) feet in height for downslope and side yard fencing for tennis courts or similar recreational facilities. The fence above the six--foot height shall be constructed of wire mesh, or similar material, capable of admitting at least eighty percent (80%) light as measured on a reputable light meter. 2. In addition to the review criteria listed in chapter 17.66 (Minor Exception Permits), the director of planning shall use but not be limited to the following criteria in assessing such an application: a. The height of the fence, wail, hedge, or windscreen will not be detrimental to the public safety and welfare; b. The line of sight over or through the fence or windscreen is adequate for safety and preserves a significant portion of the primary view as defined in section 17.02.040 (Single Family Residential Districts) of this title; c. On corner lots, intersection visibility as identified in section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title is not obstructed; and d. The height of the retaining wail portion does not exceed the grading limits set forth in section 17.76.040 (Grading Permit) of this title. E. General Regulations ORDINANCE NO. 320 Page 213 of 312 1. Fences, walls, hedges, and windscreens shall be measured as a single unit if built or planted within three (3) feet of each other, as measured from their closest points, unless at least one of the fences, walls, hedges or windscreens is located on an adjoining lot held under separate ownership. Perpendicular returns connecting two or more parallel walls or fences shall not be considered portions of the wall or fence for purposes of determining whether or not the fences or walls are a single unit. 2. Retaining walls may exceed the height limits of this section provided a grading permit is approved pursuant to section 17.76.040 (Grading Permit) of this title. 3. Fences or walls -- Required. All pools, spas, and standing bodies of water twenty-four(24) inches or more in depth shall be enclosed by a structure and/or a fence or wall not less than five (5) feet in height measured from the outside ground level at a point twelve (12) inches horizontal from the base of the fence or wall. Any gate or door to the outside shall be equipped with a self-closing device and a self-latching device located not less than four(4) feet above the ground. Such fences, walls and gates shall meet city specifications and shall be constructed to the satisfaction of the city's building official. 4. The use of barbed wire is prohibited unless required by any law or regulation of the state or federal government or any agency thereof. Electrified fencing may only be allowed for the keeping of animals pursuant to chapter 17.46 (Large Domestic Animal Overlay District) of this title. All electrified fences shall contain a warning sign, posted in a visible location, warning that an electrified fence is in use. 5. Chain link, chicken wire and fiberglass fences are prohibited in front yards between the front property line and the exterior facade of the existing single family residence closest to the front property line; in side yards between the street side property line and the exterior facade of the existing single family residence closest to the street side property line; and within a rear yard setback which abuts the following arterial streets identified in the city's general plan: a. Crenshaw Boulevard; b. Crest Road; c. Hawthorne Boulevard; d. Highridge Road; e. Miraleste Drive; . f. Palos Verdes Drive East; g. Palos Verdes Drive North; h. Palos Verdes Drive South; and i. Silver Spur Road. 17_.76.040 Grad i naper-m-.it. A. Purpose. The city finds and declares that it is necessary to adopt this section to promote the public health, safety, and general welfare. Where this section is in conflict with other city ordinances, the stricter shall apply. Specifically, this section ORDINANCE NO. 320 Page 214 of 312 M provides for: 1. Permitting reasonable development of land and minimizing fire hazards, ensuring the maximum retention of groundcover to aid in protection against flooding, erosion, earth movement, siltation, and other similar hazards; 2. Ensuring the maximum preservation of the natural scenic character of the area consistent with reasonable economic use of such property; 3. Ensuring that the development of each parcel of land, as well as watercourses, streets, and other public lands and places, occurs in a manner harmonious with adjacent lands so as to minimize problems of flooding, drainage, erosion, earth movement and similar hazards, and to maintain the visual continuity of hill and valley without unsightly continuous benching of buildable sites; and 4. Ensuring that each project complies with all goals and policies of the general plan, any specific plan, and any amendments. B. Grading allowed. The following grading may be allowed with a minor grading permit, a major grading permit, or a remedial grading permit. Each parcel of land involved requires separate approval: 1. A minor grading permit shall be used for those projects which meet all of the following criteria: a. An excavation, fill, or combination thereof, in excess of twenty (20) cubic yards, but less than fifty (50) cubic yards, in any two-year period, on a slope of less than thirty-five percent (35%); and b. An excavation three (3) feet or more, but less than five (5) feet, below natural grade or a fill three (3) feet or more, but less than five (5) feet, above natural grade on a slope of less than thirty-five percent (35%); 2. A major grading permit shall be used for those projects which result in any of the following: a. An excavation, fill, or combination thereof, in excess of My (50) cubic yards or more in any two (2) year period; b. An excavation five (5) feet or more below natural grade or a fill five (5) feet or more above natural grade; c. Notwithstanding exemptions C(1) and C(2) of this section, any excavation or fill which encroaches on or alters a natural drainage channel or watercourse; and d. Unless otherwise exempted by subsection C of this section, an excavation or fill on an extreme slope (35% or more). 3. A remedial grading permit shall be used for excavations, fill, or any redistribution of earth materials for the purpose of enhancing soil stability and reducing geotechnical hazards due to natural land movement or the presence of natural hazards. C. Grading exempt. The following grading shall be exempt from this section: 1. An excavation, fill, or combination thereof, less than twenty (20) cubic yards in any two (2) year period; 2. An excavation less than three (3) feet below natural grade, or ORDINANCE NO. 320 Page 215 of 312 a fill less than three (3) feet above natural grade; 3. Grading pursuant to a permit for excavation in public streets; 4. Grading in connection with a public improvement or other public works project for which inspection is provided by the city or another public agency, as approved by the city engineer; 5. Grading in private easements by a public utility, cable franchisee, or a mutual water company; 6. An excavation or fill on private property made by an individual to repair or replace a sewer line, water line or other underground utility line; 7. An excavation less than ten (10) feet below existing grade for the foundation or footings of a structure or a swimming pool located on a slope less than thirty-five percent (35%) and not involving a caisson foundation. Caisson foundations or any excavation for a footing or foundation ten (10) feet or more below existing grade shall require the approval of a minor grading permit. This exemption shall not affect the applicability of this section to, nor the requirement of a grading approval for, any fill made with the material from such excavation; and 8. Tilling of the soil for agricultural and horticultural purposes; and discing the soil for fire hazard abatement purposes. For purposes of this section, grading shall be calculated in cubic yards and shall represent the total earth movement on a lot or parcel. The total earth movement shall be the total amount of excavation plus the total amount of fill, regardless of whether there is a net balance of cut and fill quantities on a site. D. Application. 1. To obtain the approval required by this section, an applicant shall file a completed minor grading, major grading, or remedial grading application on a form furnished by the city. The application shall be signed by the owner of the property where the work is to be performed, or by his duly authorized agent. An agent's authority must be shown in writing. The director may require additional information as necessary to carry out the purposes of this section. 2. Unless waived by the director, the application shall be accompanied by scaled plans or drawings, prepared and signed, as appropriate, by a registered civil engineer, architect, or landscape architect which show the following: a. A plot plan identifying property lines, easements, existing and proposed structures, accurate contours of existing topographic conditions, and finished contours of all proposed grading. One-foot contour intervals are required. Five- foot contour intervals may be accepted if deemed appropriate by the director; b. The location of any existing structure within fifteen (15) feet of the proposed grading, whether or not that structure is located on the lot to be graded; c. Typical and highest/greatest point cross-sections of retaining walls, cut slopes and fill slopes; d. Any additional plans, drawings, or calculations deemed necessary by the director to demonstrate that the proposed grading complies with the ORDINANCE NO. 320 Page 216 of 312 provisions of the development code; e. The plot plan shall establish the elevation of some permanent benchmark or other reference point on or adjacent to the subject property. The reference point shall not be altered in elevation or location. Any grading depths and heights of future structures on this property shall be referenced to this point; f. The plans shall label the areas of cut and fill with different markings for each, and each area labeled shall designate the amount of cut or fill in cubic yards. g. Applications involving vacant property shall indicate the average percent slope of each parcel and shall demonstrate the method used in calculating the average percent slope. Applications involving developed property, shall indicate slope averaging calculations, using the formulas and methods described in the diagrams contained in Exhibit 76-A" of this section titled: "Slope Calculation" and "Average Cross Slope Calculation," at various locations on the subject building site, as determined by the director. 3. Applications for a remedial grading permit shall be accompanied by geological and/or soils reports which justify the need for the remedial grading and indicate that the grading will not aggravate the existing soils and/or geologic conditions. Unless waived by the director, applications for a minor grading or grading permit shall be accompanied by geological and/or soils reports which indicate that the grading will not aggravate the existing soils and/or geologic condition. 4. Applications referred to planning commission. When a major grading application proposes earth movement involving one thousand (1,000) or more cubic yards of earth or when a remedial grading application proposes earth movement involving five thousand (5,000) or more cubic yards of earth, the application shall be referred to the planning commission for consideration under the criteria set forth in this section. However, grading for construction of a basement, cellar or other structure located below grade and not visible from any surrounding public right-of-way, shall not be referred to the planning commission regardless of the total cubic yards of earth movement, provided that no exportation of fill off of the grading site results from the grading. An application referred to the planning commission shall be noticed to a newspaper of general circulation and given to owners of property within five hundred (500) feet of the project, all persons requesting notice, to any affected homeowner associations and the applicant pursuant to section 17.80.090 (Hearing Notice and Appeal Procedure) of this title. 5. Fees. a. Each application shall be accompanied by a fee, as established by resolution of the city council. b. Any revision to an approved application must be approved by the review body of the city which gave final approval to the original application and a fee shall be paid, qs established by resolution of the city council. c. in addition to the application fees, the applicant shall pay building permit and plan check fees as specified by Chapter 3 of the uniform building code. ORDINANCE NO. 320 Page 217 of 312 6. Deposits. If excavated material in excess of twenty (20) cubic yards is to be deposited off the grading site, the applicant shall deposit with the city a deposit fee established by resolution of the city council in the form of cash, check or money order as security for the proper removal of the excavated material before being granted a minor grading, grading, or remedial grading permit allowing such excavation, by the city's building official. Such excavated material shall be disposed of in the manner set forth and at the location indicated on the city's "Notice to Contractors and Property Owners--Requirements for Removal of Excavated Materials." Upon submission to the building official of dump receipts which substantiate the proper removal of all excavated material from the building site as shown on the notice, the deposit shall be returned. Failure to present valid receipts to the city within one hundred eighty (180) days of final approval, cancellation, or expiration of the minor grading, grading, or remedial grading permit shall result in forfeiture of the security deposit. Forfeited deposits shall be placed in the general fund of the city and used to cover the cost of removing illegally dumped material. 7. Final approval. Upon approval of the application by the director or planning commission, the applicant must still conform to all conditions imposed by Chapter 70 of the uniform building code, including all required fees, and approval by the director is not final until approval has been granted by the city engineer. E. Criteria for evaluation of minor grading and major grading applications. A minor grading or major grading application shall be assessed in light of the following criteria: 1. The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in chapter 17.96 (Definitions) of this title. 2. The grading and/or related construction does do not signifi- cantly adversely affect the visual relationships with, nor the views from, neighboring properties. 3. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. 4. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. 5. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. 6. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. 7. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. 8. The grading conforms to the following standards: a. Grading on slopes equal to or exceeding thirty-five percent ORDINANCE NO. 320 Page 218 of 312 (35%) shall be allowed on recorded and legally subdivided lots existing as of November 25, 1975 or if within eastview, existing as of January 5, 1983, which are not currently zoned open space/hazard, if the director or planning commission finds that such grading, as conditioned, will not threaten the public health, safety and welfare. b. No finished slopes greater than thirty-five percent (35%) shall be created, except at the point of vehicular access adjacent to driveways, as per subparagraph E (8) (f) of this section. c. Except for the excavation of a basement or cellar, a fill or cut shall not exceed a depth of five (5) feet at any point except where the director or the planning commission determines that unusual topography, soil conditions, previous grading, or other circumstances make such grading reasonable and necessary. d. No fill or cut shall be permitted on a slope exceeding fifty percent (50%) gradient, unless the grading is on a 67% slope, allowed pursuant to subparagraph E (8) (f) of this section. e. Retaining Wails. L Unless located within the required front or street side setback, one (1) upslope retaining wall not to exceed eight (8) feet in height may be used. Retaining walls located in the required front or streetside setback shall not exceed three and one-half(3 112) feet in height. ii. One (1) downslope retaining wall not to exceed three and one-half(3 1/2) feet in height may be used. iii. On lots sloping with the street, and other configurations not discussed above, one (1) retaining wall not to exceed three and one-half(3 112) feet may be used on each side of the lot. iv. Retaining walls may be allowed up to five (5) feet in height, adjacent to driveways, only if required for access or slope stabilization. There shall be no more than one upslope or one downslope retaining wall adjacent to driveways. v. Retaining walls which are an integral part of a structure may exceed eight (8) feet, within the building footprint. f. Driveways. L Driveways which exceed twenty percent (20%) slope shall not be permitted except that one length, not at the point of access, of not more than ten (10) linear feet may have a slope of up to twenty-two percent (22%). ii. Slopes not greater than sixty-seven percent (67%) may be permitted adjacent to driveways. 9. The director may grant a grading permit for development in excess of that permissible under subsection E (8) of this section upon finding that: a. The criteria of subsections E (1) through E (7) of this section are satisfied; b. The approval is consistent with the purposes set forth in subsection A of this section; c. Departure from the standards in subsection E (8) of this section will not constitute a grant of special privileges inconsistent with the limitations ORDINANCE NO. 320 Page 219 of 312 upon other properties in the vicinity; and d. Depai ture from the standards of subsection E (8) of this section will not be detrimental to the public safety nor to other property. e. Notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given only the applicant. Any interested person may appeal the director's decision to the planning commission and the planning commission decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. F. Criteria for evaluation of remedial grading applications. A remedial grading application shall be assessed in light of the following criteria: 1. The maximum vertical height of cut or fill should not exceed that which is necessary to enhance soil stability and reduce geotechnical hazards due to natural land movement or the presence of natural hazards, except that fissures of any depth may be filled to the level of the adjacent ground surface. Such grading should be designed to reduce the local topographic relief and in no case should fill be placed on a slope steeper than thirty five percent (35%) such that it might cause a soil slip or mud- flow. 2. Where remedial grading on a residential lot involves importation of fill material from a source outside of the lot, no more than that which is necessary to enhance soil stability and reduce geotechnical hazards due to natural land movement or the presence of natural hazards should be permitted. 3. Remedial grading along private roads should be restricted to maintaining the roads in a safe and usable condition and to improving surface drainage so that runoff water does not flow into closed depressions or fissures. In areas adjacent to scarps, the crests of the scarps should be periodically lowered so as to reduce the volume of imported fill needed to maintain the proper road grade on the down-thrown sides of the scarps. in no event shall remedial grading bring the road surface higher than the original grade. Such remedial grading should be the responsibility of the appropriate homeowners association or the adjacent property owners. 4. Stockpiling will be allowed for road repair and remedial grading providing the stockpiles in any given area do not exceed two hundred (200) cubic yards, are not in yard areas visible from any right-of-way, and are not stockpiled for more than six (6) months. 5. Remedial grading shall be designed to improve surface drainage and in no case cause ponding or surface runoff so as to increase the likelihood of surface water infiltration. 6. The nature of the grading shall minimize disturbance to the natural contours and finished contours should remain reasonably natural. 7. The grading shall take into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manpfactured slope into the natural topography. 8. The grading shall avoid or minimize disturbance to coastal sage scrub habitat. If disturbances or impacts to coastal sage scrub are unavoidable, all impacts shall be mitigated to the satisfaction of the city. ORDINANCE NO. 320 Page 220 of 312 9. Where appropriate, the grading shall include provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. 10. Where appropriate, the grading should utilize street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. 11. The grading should not cause excessive and unnecessary scarring of the natural landscape through removal of vegetation. G. Conditions Upon Issuance. In granting any approval under this chapter, the director or the planning commission may impose such conditions as may be reasonably necessary to prevent danger to public or private property, to prevent conduct likely to create a nuisance, or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions imposed by the director or planning commission. Such conditions may include, but shall not be limited to: 1. Limitations on the days and hours of operation in which work may be performed; 2. Designation of routes and means of access to the site; 3. Designation of the place and manner of disposal of excavated materials and of the acquisition of fill; 4. Requirements as to the mitigation of dust and dirt, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience and reasonable desires and needs of neighbors; 5. Designation of maximum or minimum slopes; 6. Regulations as to the use of public streets and places; 7. Landscaping, in addition to the minimum required by chapter 70 of the uniform building code; and 8. The submittal of a performance bond or trust deposit to ensure that grading, landscaping or other conditions imposed under this section are performed. H. Appeal. Any interested person may appeal any decision of the director to the planning commission and any decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. 1. Prohibited deposits of earth, rock or excavated material. No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material or debris so as to cause the same to be deposited upon or to roll, blow, flow, or wash upon or over any public place or right-of-way or upon or over the premises of another, without the express written consent of the owner of such premises so affected. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material or debris aver any public street, alley or other public place, allow such material to blow or spill over and upon such street, alley, or place, or adjacent private property. If there is a violation of this subsection whereby any earth, sand, gravel rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon ORDINANCE NO. 320 Page 221 of 312 any public place or private property, the person responsible shall cause the same to be removed from such public place or private property within thirty six (36) hours, or immediately after notification by the city, if a hazardous condition is caused. In the event it is not so removed, the director of public works shall cause such removal and the cost of such removal shall be paid to the city by the person who failed to so remove the material. 17.76.Q50 Sian Permit. A. Purpose. 1. Signs should serve primarily to identify the general nature of an establishment or to direct attention to a product, activity, place, person, organization, or enterprise. As identification devices, signs must not subject the citizens of the city to excessive competition for their visual attention. As appropriate identification devices, signs must be harmonious with the building, the neighborhood, and other signs in the area. 2. The city encourages signs that improve the appearance of buildings and neighborhoods. The city invites artistry and innovation. It intends to enhance the economic effectiveness of any one identification device by preventing needless distraction and clutter from other signs in the area. 3. This section contains criteria which the director will employ to prohibit devices that fail to conform to the above intentions of suitability and safety. In all cases, each sign shall be considered on its own merit, considering its function as well as its environment. B. Sign Permits. 1. Permit Required. Unless exempted by subsection D of this section, a person shall obtain a permit from the director prior to placing or erecting any sign. In many cases, a building permit or electrical permit will also be required. 2. Application for Sign Permits. Applications for sign permits shall be made upon forms provided by the city and shall include: a. Two (2) copies of a plan showing: i. The position of each sign and its relation to adjacent buildings or structures; ii. The proposed design, size, colors and location of signs or sign structures; b. The sizes and dimensions of all signs existing on the premises at the time of application; c. A fee, as established by resolution of the city council; and d. Such other information as the director may require to show compliance with this section and all other ordinances of the city. 3. Review of Sign Applications. The director may approve, conditionally approve or deny any application for a sign permit pursuant to the standards set forth in this section. In reviewing a sign application, the director shall apply the following criteria: a. The sign is necessary for the applicant's enjoyment of ORDINANCE NO. 320 Page 222 of 312 substantial trade and property rights, and the sign does not constitute needless repetition, redundancy, or proliferation of signage; b. The sign is consistent with the intent and purposes of this section, as set forth in paragraph A; c. The sign does not constitute a detriment to public health, safety and welfare; d. The size, shape, color and placement of a sign shall be considered in order to determine if the sign is compatible with, and bears a harmonious relationship to, the building and site which it identifies; e. The location of the proposed sign and the design of its visual elements, including its lettering, colors, decorative motifs, spacing, and proportions, shall be considered in order to determine whether the sign is legible under normal viewing conditions prevailing where the sign is to be installed; f. The location and design of the proposed sign shall be considered in order to determine that the sign will not obscure from view or unduly detract from existing adjacent signs; g. The location and design of the proposed sign, its size, shape and color shall be considered in light of the visual characteristics of the surrounding area to determine that the sign will not detract from or cause depreciation of the value of adjacent developed properties; and h. The location and design of a proposed sign in commercial districts in close proximity to any residential district shall be considered in order to determine that the sign will have no adverse effect on the value and character of the adjacent residential district. 4. Appeal. Any interested person may appeal a decision of the director to the planning commission and a decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. C. General regulations. 1. Signs Affecting Traffic Safety. Signs or devices which, by color, wording, design or location resemble or conflict with any traffic control sign or device are prohibited. 2. Sign Illumination. The approval of any illuminated sign shall not be final until thirty (30) days after installation, during which period the director may order the dimming of any illumination found to be excessively brilliant, and no sign permit shall be valid until such order has been carried out to an extent satisfactory to the director. Illumination shall be considered excessive when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign. 3. Flashing and Moving Signs. Unless otherwise specified in this section, searchlights, blinkers, lasers, flashing, unusual lighting, or other means of animation or moving signs are prohibited. 4. Suspended or Airborne Signs. Unless otherwise specified in this section suspended or airborne signs, such as tethered advertising balloons, p g 9 inflatable signs and/or kites are prohibited. 5. Location. All signs shall be erected upon the premises ORDINANCE No. 320 Page 223 of 312 occupied by the person or business identified by such signs. 6. Right-of-way signs. With the exception of city signs advertising city activities or city sponsored events; real estate lead-in signs pursuant to subsection D(3) of this section; and special event signs for non-commercial organizations pursuant to subsection D(4) of this section; no signs shall be erected in the public right-of-way unless authorized by the city council. 7. Sign Maintenance. All signs, supports, braces, guys, and anchors, shall be kept in good repair, including replacement of defective parts, repainting, cleaning, and otherwise maintained in a presentable condition. Any sign which is not kept in good repair and presentable condition shall be abated pursuant to subparagraph H(3) of this section. 8. No Sign Permit required. Signs that are allowed without permits are described in subsection D of this section. 9. Sign Permit required. Signs that are allowed with permits are described in subsections E through G of this section and are subject to the following criteria, unless otherwise specified in those subsections: a. Not more than one such sign shall be displayed per street frontage. b. Each sign shall not exceed twenty (20) square feet in area. c. Each sign shall not exceed eight (8) feet in height. d. Each sign shall be placed a minimum of five (5) feet inside the property line. e. Temporary signs shall be removed upon the completion or culmination of the advertised activities. D. Signs allowed without a permit. 1. The following non-illuminated signs are allowed in all zoning districts without a permit: a. Temporary religious, charitable, educational, cultural, political or other types of non-commercial posters not exceeding four (4) square feet in area, not exceeding four(4) feet in overall height, placed a minimum of five (5) feet inside the property line; and displayed less than ninety (90) days; b. Governmental or other legally required posters, notices or signs, including any city required window signs for businesses; c. Governmental flags or emblems; d. Real estate signs on private property proclaiming "For Rent", "For Lease", "Open House" or"For Sale," provided that the freestanding signs shall not exceed four (4) feet in overall height, shall not exceed four(4) square feet in area, and shall be placed a minimum of five (5) feet inside the property line. e. Signs not exceeding one (1) square foot in total area and displaying the name of the property owner or occupant, the address, or other identification of uses clearly an ancillary part of the legal use in the district; f. One contractor's sign not exceeding four (4) square feet or one directory sign for all contractors including banks, realtors, subcontractors, etc. Such ORDINANCE NO. 320 Page 224 of 312 signs shall not be displayed prior to the issuance of a building permit or after final inspection or for more than one year, whichever is less. Directory signs shall comply with subsection D(2) of this section, unless legally required by governmental contract to be larger. 2. The following non-illuminated signs are allowed in residential zoning districts without a permit: a. Temporary garage sale signs not exceeding four (4) square feet in area, not exceeding four (4) feet in overall height, and placed a minimum of five (5) feet inside the property line. Such temporary signs shall not be erected prior to forty-eight (48) hours of the advertised sale and shall be removed within twenty-four(24) hours after the conclusion of the sale. 3. Lead-in or directional signs, such as "Open House", "For Sale", "For Rent" or"For Lease" signs and signs providing direction to special commercial activities may be placed in the public right-of-way, pursuant to the following restrictions: a. Lead-in or directional signs may only be placed in the right-of-way between the hours of 1:00 p.m. and 6:00 p.m. on Saturdays and Sundays. b. Lead-in or directional signs placed at intersections shall be located within the public right-of-way. Only one lead-in sign may be placed per traffic direction at an intersection. The maximum number of lead-in signs at any intersection is not to exceed a total of three (3). c. One (1) lead-in or directional sign may be placed within the public right-of-way adjacent to the property to which it refers between the hours of 1:00 p.m. and 6:00 p.m. on Saturdays and Sundays. d. All lead-in or directional signs are to be no larger than three (3) square feet and are to be the color combination of brown and gold. e. No lead-in or directional signs shall be placed within any traffic median. 4. Temporary special event or other signs for non-commercial organizations may be placed in the public right-of-way, pursuant to the following guidelines: a. For purposes of this section, special event signs shall be limited to signs which advertise a specific activity ocurring on a particular date; b. For special event signs, written request on forms provided by the City shall be made to the director no sooner than ninety (90) days prior to the special event; c. Signs shall only be placed at locations in the right-of-way identified and designated by the director; d. Signs shall be erected in a manner prescribed by the director so as not to pose a traffic hazard and/or impede pedestrian or vehicular access within the public right-of-way; e. For special event signs, each non-commercial organization shall be limited to the placement of two (2)temporary signs within the city's ORDINANCE NO. 320 Page 225 of 312 public right-of-way per special event; f. For signs other than special event signs, each non- commercial organization shall be limited to the placement of two (2) such signs within the city's right-of-way per year. g. Each sign shall not exceed thirty-two (32) square feet in area; h. Each sign shall be displayed for a maximum of thirty (30) days; L Special event signs shall be removed within forty-eight (48) hours of the event's conclusion; and j. Applicants shall submit to the director a deposit fee established by the city council in the form of cash, check or money order as security for the placement of signs in accordance to these guidelines. Failure to erect and/or maintain the signs in accordance with guidelines (b) through (h) of this subsection shall result in the forfeiture of the security deposit. 5. Temporary signs allowed by this subsection shall be removed upon the completion of the campaign, the culmination of any of the above activities, or the expiration of any other time frame specified by this section. E. Residential uses. 1. Subdivision and real estate signs advertising real property which has been divided into five (5) or more lots, parcels or units which are to be offered for rent, sale or lease may include the following signs provided that such signs are located on the property which is being advertised and such signs are removed upon the sale or rental of all lots or units, if this occurs prior to the expiration of the permit. Permits for such signs shall be issued by the director for no longer than a one-year period, on a renewable basis: a. One, non-illuminated, on-premise sign provided that it shall be placed a minimum of fifty (50) feet from any residence to which the sign does not refer. b. Subdivision identification signs at the entrance to developments provided that no more than one (1) such sign shall be displayed per major street access and each sign shall not exceed six (6) feet in height and thirty two (32) square feet in area. c. Non-illuminated, model home signs provided that there shall be no more than one (1) such sign per model home and such sign shall be displayed on the same lot as the model home and each sign shall not exceed six (6) square feet. d. "For Sale" signs on undeveloped property of five (5) acres or more. 2. The following signs may be allowed for multiple-family residential uses prAvided the signs are located on the property identified by such signs: a. Signs designating "Manager" or"Office," provided that each sign does not exceed one (1) square foot in area. b. -initial promotional signing provided that it shall not be ORDINANCE NO. 320 Page 226 of 312 displayed for more than six (6) months after final building inspection and a sign shall not exceed thirty two (32) square feet in area. c. Temporary signs, banners, flags, or pennants to promote or advertise special rentals, may be allowed subject to the permit and display requirements of subparagraphs F (8) (a), (b), and (d) of this section. d. Permanent apartment identification signing provided that, if freestanding, a sign shall not exceed six (6) feet in height and thirty two (32) square feet in area. F. Commercial Uses. Permanent identification signing may be allowed subject to the following: 1. One major identification sign shall be permitted on each building frontage in which a public entry is located, except that a sign may be permitted upon any street side of the building. Such signs shall not exceed an area of one square foot for each lineal foot of building frontage, up to a maximum of seventy-five (75) square feet, or up to a maximum of one hundred (100) square feet in the commercial general (CG) district. 2. All faces of said signs shall be parallel to the face of the building upon which said sign is located, except that: a. The director may approve other placement if special conditions exist due to poor visibility. b. One additional under-canopy or other pedestrian-oriented sign, not to exceed an area of three (3) square feet, may be permitted. Under-canopy signs shall be located at least eight (8) feet above adjacent grade. 3. Signs shall not extend or be placed above the eave line or parapet of the building. 4. A permanent freestanding sign may be approved by the director if it is the major identification sign and if it does not exceed six (6) feet in height. Such freestanding signs may be double-faced. In no event, shall a sign face exceed thirty-two (32) square feet in area. The director may approve such a sign up to sixteen (16) feet in height if it is the only feasible method of identification for the following developments: a. A shopping center containing four (4) or more individual establishments having a frontage of two hundred (200)feet or more and a front setback of fifty (50) feet or more in which case the following standards apply: L The sign may identify the center or complex, ii. A listing and description of the signs for all the individual establishments that will utilize the freestanding sign must be presented for review and approval by the director. b. An individual development having a frontage of two hundred (200) feet or more and a front setback of fifty (50) feet or more. � 5. Minor, pedestrian-oriented, permanent window signs, including illuminated signs, provided that the total area of all such signs does not exceed five percent (5%) of the total area of the windows in the face of the building upon which such signs are mounted. Governmental or other legally required permanent posters, ORDINANCE NO. 320 Page 227 of 312 notices or signs, including any city required business identification signs or logos shall not count toward the maximum window coverage. Illuminated signs are subject to the regulations of subsections C(2) and F(10) of this section. 6. Sign Programs. A shopping center containing four(4) or more individual establishments may submit an application to the city for approval of a sign program for the entire center. The sign program application shall be reviewed by the planning commission using the criteria of subparagraphs B (3) (a) through (B) (h) of this section. Notice of the planning commission hearing on the sign program shall be issued in accordance with section 17.80.090 (Hearing Notice and Appeal Procedures) of this title. Any interested person may appeal the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. Upon approval of a sign program by the planning commission, the director may thereafter issue permits for individual signs which conform to the approved sign program. Unless otherwise stated in an approved sign program, the standards and conditions of an approved sign program shall take precedence over the standards and conditions of this section. 7. "For Sale" signs on undeveloped property of one acre or more. Such signs in the commercial general (CG) district shall not exceed twelve (12)feet in height. 8. Temporary signs, such as banners, flags, balloons, searchlights or pennants, to promote special sales may be allowed with permit, provided that: a. All signs, banners, flags, balloons, and pennants shall be mounted only on a building, on a substantial extension of a building, or inside a window and shall not extend higher than the ridgeline or parapet of the building on which they are mounted. b. Each temporary sign or banner shall not exceed thirty-two (32) square feet in size and no more than two (2) such signs or banners shall be displayed at any one time. c. If searchlights are used, the light shall not result in the direct illumination of a parcel or parcels other than that upon which the light source is physically located. d. Permits shall not be issued for longer than a thirty (30) day, renewable period nor for more than a total of one hundred twenty (120) days in any one calendar year. e. Upon application for a sign permit to display temporary banners, balloons, flags, searchlights or pennants, the applicant shall submit to the director a deposit fee established by the city council in the form of cash, check or money order as security for the placement of signs in accordance to these regulations. Failure to erect and/or maintain the signs in accordance with the regulations of subsection F (8) of this section shall result in the forfeiture of the security deposit. f. The director may approve, on an annual basis, location supports, letter style and other significant elements of sign programs similar to those commonly utilized by supermarkets, the copy of which are replaced at intervals of fourteen (14) days or less. ORDINANCE NO. 320 Page 228 of 312 g. The director shall approve the location and design of semipermanent price signs for service stations. h. Temporary window signs shall be allowed without permit provided that the total area of such signs does not exceed ten percent (10%) of the total area of the windows in the face of the building upon which such signs are mounted and the signs are not displayed for more than thirty (30) days. Such signs exceeding ten percent (10%) of the window area or displayed longer than thirty (30) days are subject to the provisions of subsection F (5) of this section. L One temporary identification sign may be displayed for sixty (60) days pending approval of a permanent sign application. I Z.76..060 Extreme slle,permit. A. Purpose. This chapter provides standards and procedures for permitting within residential districts the minor encroachments of accessory structures onto extreme slopes (35% or more), which are not zoned open space hazard and, where such slopes constitute the only reasonable area for development. B. Scope. The director may grant extreme slope permits for the following uses only: 1. Decks, which extend or cantilever a maximum of six (6)feet into the extreme slope area, as measured on a horizontal plane from the top or toe of the slope; 2. Solar panels or tanks which extend a maximum of twelve (12) feet into the extreme slope area, as measured on a horizontal plane from the top or toe of the slope; and 3. Flag poles up to sixteen (16) feet in height, as measured from the grade adjacent to the flag pole base to the top of the flag pole, upon a finding by the director that no significant impact on views from surrounding properties would result. C. Application. 1. The application for an extreme slope permit shall be filed on forms provided by the city. A person may not file, and the director shall not accept, an application which is the same as, or substantially the same as, an application upon which final action has been taken by the director or the planning commission within twelve (12)' months prior to the date of said application, unless the planning commission or city council approves the acceptance of such an application, or the previous application is denied without prejudice by the planning commission or city council. 2. The application shall provide full and complete information pertaining to the request. D. Filing fee. The filing fee for an extreme slope permit shall be established by resolution of the city council. E. Notice. Upon receipt of a complete application for an extreme slope permit, the directorishall notify the owners of all parcels located adjacent to the proposed use or development by letter, using the last known county assessor tax roil. Notification shall also include all parcels which are located directly across any public or private right- of--way from the subject property. ORDINANCE NO. 320 Page 229 of 312 F. Findings and conditions. 1. The director may grant an extreme slope permit only upon finding: a. That the site cannot reasonably accommodate the structure except on an extreme slope; b. That the permit will result in no significant adverse effect on neighboring properties. Factors to be considered in making this finding shall include: view impairment, visual impact, slope instability, increased runoff, and other adverse impacts found to be significant; c. That the structure will not result in an unreasonable infringement of the privacy of the occupants of abutting residences; d. That any disturbance of the slope will be insignificant; and e. That the permit is consistent with the general plan, coastal specific plan, or any other applicable plan. 2. If necessary to protect the health, safety and general welfare, the director shall condition the approval of the permit with regard to one or more of the following: a. Landscaping and maintenance thereof; b. The color of the structure; c. Complete geology and hydrology reports which address the proposed structure; and d. Such other conditions as will promote orderly and efficient development in conformity with the intent and purposes of this title. G. Notice of Decision. The director shall provide written notice of the approval of an extreme slope permit to the applicant and to all interested persons. Notice of denial shall be given only to the applicant. H. Appeal. Any interested person may appeal any decision by the director to the planning commission and any decision by the planning commission to the city council pursuant to chapter 17.80. (Hearing Notice and Appeal Procedure) of this title. I. Failure to comply. 1. Noncompliance with any condition on an extreme slope permit shall constitute a violation of this title. 2. A permit becomes null and void upon its expiration. 17.76.070 Larae family-day care home p.Q[Mit. A. Purpose. This section provides procedures and standards for the granting of large family day care home permits in zoning districts other than single-family residential districts.,for homes which meet the standards of paragraph B of this section. B. Scope. The director may grant large family day care home permits authorizing the care within a single-family residence of nine (9) to fourteen (14) children, including children under the age of ten (10) years, who reside at the home; providing that: 1. All necessary permits from the state department of social services have been obtained; ORDINANCE NO. 320 Page 230 of 312 2. Proof that a city business license has been applied for; 3. Proof of compliance with state fire marshal standards is provided; 4. The home is not located within one thousand (1,000) feet of any other large family day care home; 5. One on-site parking space is provided for each permanent employee; and 6. An on-site loading and drop-off area is provided. C. Application. Application for a large family day care home permit shall be made on forms provided by the city and shall include such plans and documents as may reasonably be required by the director for a complete understanding of the proposal' and a filing fee in an amount established by resolution of the city council. D. Notice. Upon receipt of a complete application for a large family day care home permit, the director shall provide written notice of the application to all owners of property shown on the last known county assessor tax roll and homeowner associations located within a radius of five hundred (500) feet of the external boundaries of the property where the large family day care home is proposed. E. Action by director--Authority. Not sooner than fifteen (15) days after the notices are mailed, the director shall either grant, conditionally grant or deny the ap- plication in accordance with the standards listed in paragraph B of this section. If the application is granted or conditionally granted, notice of the director's decision shall be given to the applicant and to all interested persons. Notice of denial shall be given only to the applicant. The applicant or any interested person may appeal the director's decision to the planning commission and the planning commission's decision to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. F. Permit nontransferable. No large family day care home permit may be transferred from one person to another or from one location to another. Such transfer shall make the permit null and void. 17.75.080 Convenience. stores. A. Purpose. This section provides criteria for the development, operation, and regulation of convenience stores. These criteria ensure that convenience stores are developed and operated on adequate sites, at proper and desirable locations with re- spect to traffic patterns, adjacent land uses, and the goals and objectives of the general plan and any applicable specific plans. These criteria further ensure that safety, privacy, design, proliferation, and the joint sale of alcoholic beverages and motor fuels are considered in reviewing applications for convenience stores. B. Applicability. 1. Conditional Use Permit Required. Any new convenience store, and any existing convenience store that has been closed for business for more than one hundred eighty (1 W) consecutive calendar days shall not be developed or opened for business unless a Conditional use permit is issued by the planning commission pursuant to the requirements of this chapter and chapter 17.60 (Conditional Use Permits) of this title. ORDINANCE NO. 320 Page 231 of 312 2. Nonconforming Uses. Notwithstanding chapter 17.84 (Nonconformities), any existing convenience store shall comply with subparagraphs C(1)(d) and D(1) and D(2) of this section within one (1) year of the adoption of the ordinance codified in-this chapter unless deviation from these standards is authorized by a conditional use permit. Any intensification of use at any existing convenience store, including but not limited to, the addition of automated teller machines, video rentals, drive-up windows, or sit-down dining, requires approval of a conditional use permit pursuant to this chapter. 3. Findings. In order to approve a conditional use permit for a convenience store, the planning commission must make the findings listed below and the findings listed in Chapter 17.60 (Conditional Use Permits) of this title. a. That the proposed convenience store will not contribute to the undesirable proliferation of such uses. b. That the design of the proposed convenience store respects the visual character of the site and enhances the surrounding area. c. That the operation of this use, and in particular, any sale of alcoholic beverages will not adversely affect adjacent or nearby places of worship, schools, parks, recreation centers, playgrounds or residences. d. That a proposed convenience store located within three hundred (300) feet of a residential or institutional use or zoning district boundary will be limited in hours of operation, or otherwise designed and operated to avoid disturbing neighbors, between eleven p.m. and six a.m. C. Development standards. 1. Residential and Institutional Interface. The following standards are imposed to reduce the impact of a convenience store use on adjacent residential and institutional zones or uses: a. Setbacks. A minimum twenty (20) foot landscaped set- back is required between the convenience store building and any accessory structures and the property lines of any adjoining residential or institutional use or zone. The setback shall be continuously maintained in an attractive manner and shall not be used as a storage area or for parking. b. Spacing. The convenience store building must be at least one hundred (100) feet away from any residential or institutional building other than residential or institutional accessory buildings such as storage sheds or detached garages. c. Public Entrances and Loading Areas. Public entrances and loading areas shall be designed to avoid facing an adjoining residential or institutional use or zone. d. Deliveries. Deliveries are not permitted between nine p.m. and six a.m. e. Mechanical Equipment. Mechanical equipment must be screened or covered so that it is not visible from adjacent residential or institutional use or zone. Mechanical equipment shall be located as far as possible from adjacent residential or institutional uses. Noise levels from such mechanical equipment shall not ORDINANCE NO. 320 Page 232 of 312 exceed 65 decibels, as measured from the closest property line. f. Sensory. Noise and odors emanating from the building shall be minimized by the use of appropriate sound insulation techniques and filters. g. Trash Enclosures. Trash enclosures, of a design approved by the director, shall be integrated into the site landscaping and design and shall not be located in any setback adjacent to a street, residential use or zone, or institutional use or zone. A fifty-five (55) gallon outdoor trash container, enclosed in a decorative stone receptacle and placed adjacent to each pedestrian entrance, is also required. h. Screening. Six (6) foot high solid, decorative, masonry walls or dense landscaping may be required along property lines if the planning commission determines that the site should be screened from adjacent properties and land uses. i. Height. Unless otherwise prohibited by this code, roof-mounted structures, equipment, and antennas shall be limited to the lowest practical height as determined by the planning commission to minimize view obstruction. j. Utilities. All utilities shall be placed underground from the building to the point of connection to public utility poles or transmission lines. k. Lighting. The lighting provisions of section 17.56.040 (Environmental Protection) shall apply and all exterior lighting shall be arranged and shielded to prevent off-site illumination. Only ground-oriented, shielded or diffused lighting shall be allowed in any area directly facing a residential or institutional,use or zone. I. Roofing. Roofing material shall be consistent with the design of the building and shall be of a color, material, and style that enhances the appearance of the building as viewed from adjacent residential and institutional uses or zones. m. Intensification of Use. Any accessory activities or services that change or intensify the use of a store previously granted a conditional use permit by the planning commission, including, but not limited to the addition of automated teller ma- chines, video rentals, drive-up windows and sit-down dining shall require prior review and approval by the director. The director has the discretion to refer the requested activity to the planning commission for review, except that: i. Video and arcade games shall not be allowed; and ii. The sale of prepared food items for immediate consumption shall only be allowed if seventy-five (75) square feet of fixed, interior seating area, designated solely for patron use while consuming food products on-premises, is provided. n. Signage. Signage shall conform to the requirements of section 17.76.050 (sign permit). o. Maintenance. The site and store shall be maintained in a neat and orderly manner and operated as specified by the conditional use permit. 2. Design. a. Standardized architectural styles, forms, and roof types, ORDINANCE NO. 320 Page 233 of 312 established through contractual agreements with franchisers and used repetitively throughout southern california, state-wide, and nationally, shall be denied if they are not compatible with the architectural styles, forms and roof types of other structures in the immediate vicinity. b. Designs based on the unique character of the site, including topography, climate, aspect, location, history, and prevailing architectural style are encouraged. c. Visually interesting designs incorporating variations in horizontal and vertical planes, setbacks, bulk, materials, and colors are encouraged. d. Landscaping and irrigation plans must be approved by the director before a certificate of occupancy is issued. Landscaping shall be coordinated with the building design and site layout to provide open space, accents, relief, screening, and buffering. 3. Parking. a. One parking space per two hundred (200) square feet of net leasable retail area is required except that parking for food service areas shall equal one parking space per fifty (50) square feet of food service area or five (5) parking spaces whichever is greater. b. Parking areas adjacent to a street must be screened with a thirty-six (36) inch high freestanding wall or landscaped berm except within an intersection visibility triangle as defined in section 17.48.070 (Lots, Setbacks, Open Space Area and Building Height) of this title. D. Operation guidelines. The guidelines that follow shall be considered by the planning commission and may be incorporated into conditions of approval for any conditional use permit for a convenience store. The planning commission may determine that some or all of these guidelines should not be applicable to a particular project pro- vided that the planning commission makes written findings to support its determination. 1. Security Program. Store management may be required to prepare and agree to ar security program that requires: a. Attendance by all management personnel at a sheriffs crime prevention class to acquaint them with personal safety, security, and crime prevention techniques, and other law enforcement concerns. Proof of attendance must be provided annually prior to business license renewal. b. Staffing of the premises with at least two (2) employees during all hours that the store is open to the public. c. Adequate interior and exterior security lighting. d. The counter area to be readily visible from the street at all times. e. A policy concerning the amount of cash available at the register. f. A limited access money depository on the premises. 2. Hours of Operation. Hours of operation shall be limited to six a.m. to eleven p.m. for any convenience store located within three hundred (300) feet of a residential or institutional use or zone boundary. ORDINANCE NO. 320 Page 234 of 312 E. Alcoholic beverage sales. 1. A conditional use permit is required pursuant to Chapter 17.60 (Conditional Use Permits). In addition, the planning commission shall grant a conditional use permit for alcoholic beverage sales in conjunction with the sale of motor fuel at convenience stores or service stations only if it finds: a. That the proposed concurrent sale of alcohol and motor fuel at the subject property will not be significantly detrimental to the health, safety and welfare of the community. b. That a public hearing notice has been published in a newspaper of general circulation and given to owners of property-within five hundred (500) feet of the project, to all persons requesting notice, to any affected homeowner associations, and the applicant pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure). c. That the proposed concurrent sale of alcohol and motor fuels conforms to the regulations of this section, section 17.76.090 (Automobile Services Stations), and Article II (Commercial Districts, chapters 17.12 through 17.22) of this title. 2. Standards. The following standards shall be imposed: a. No beer or wine shall be displayed within five (5) feet of the cash register or the front door. b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. c. No alcoholic beverages shall be sold from a drive-through window. d. Beer or wine shall not be sold from, or displayed in, an ice tub. e. No self-illuminated advertising for beer and wine shall be located on buildings or windows. f. Employees on duty between the hours of ten p.m. and two a.m. who sell beer and wine shall be at least twenty-one (21) years of age. 3. Appeals. The decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedure) of this title. F. Enforcement. In the event that written complaints are received regarding the operation of a convenience store, the director shall investigate and may refer the complaints to the planning commission. The planning commission will hold a public hearing to review the complaints, the conditional use permit or other approvals, pursuant to chapter 17.60 (Conditional Use Permits) of this title. 1. Public Hearing. If a public hearing is held to review the conditional use permit, the planning commission may add, delete, or modify conditions of approval, or revoke the conditional use permit pursuant to section 17.86.060 (Enforcement) of this title. 2. Appeal. Any decision by the planning commission to add, modify, or delete conditions of approval, or to revoke the conditional use permit may be appealed ORDINANCE NO. 320 Page 235 of 312 to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedure) of this title. 17.76.090 Automobile..rorvice stations. A. Purpose. The standards of this section permit service stations only on adequate sites at proper and desirable locations with respect to traffic patterns and adjacent land uses. B. Applicability. 1. No new service station shall be constructed, and no existing station which has ceased operations for more than one hundred eighty (180) days shall be reopened unless a conditional use permit is issued by the planning commission pursuant to chapter 17.60 (Conditional Use Permits) of this title; and . 2. Unless otherwise regulated by the development standards of the automotive service station overlay control district pursuant to chapter 17.40 (Overlay Control Districts), the minimum development standards set forth in this chapter shall be required of all automobile service stations hereafter approved by the planning commission with a conditional use permit. Subsection D of this section shall apply to existing service stations as well as new stations. C. Development standards. 1. Lot Area. The minimum area of a site for an automobile service station with no more than two (2) islands and two (2) service bays shall be twenty-two thousand five hundred (22,500) square feet, with a Minimum frontage of one hundred twenty (120) linear feet on each street. There shall be two thousand (2,000) additional square feet of lot area for each additional pump island or service bay. 2. Setbacks. Any part of the structure, canopies or building shall be setback at least ten (10) feet from any property line. Pump islands shall be set back twenty-five (25) feet from any property line. 3. Building Size. Buildings which include service bays shall not be less than one thousand two hundred (1,200) square feet in area, exclusive of canopies. 4. Curb Cuts and Driveways. There shall be no more than two (2) driveways on any one street. No curb cut shall be closer than five (5) feet from the beginning of the curb return at the corner of the intersection. No driveway shall exceed a width of thirty-five (35) feet. Curb cuts shall be a minimum of twenty-five (25) feet apart. Entrances to an abutting commercial development or combined driveways will be encouraged to facilitate good circulation. 5. Parking. Parking of vehicles on-site is prohibited except for such vehicles as are in the process of being serviced, those belonging to employees, service and tow trucks owned by the establishment, and rental vehicles. Parking is prohibited where it will impede the view of traffic in the public streets. 6. Perimeter Walls. Walls may be required on the property lines and along the street planted areas, if the planning commission determines that the site should be buffered;from abutting properties. 7. Refuse Area. An enclosed refuse area shall be provided to meet the specifications of the city's public works department and shall be integrated with the design of the station. ORDINANCE NO. 320 Page 236 of 312 8. Restrooms. All restroom entrances shall be screened from view from adjacent properties or public rights-of-way by solid decorative screening. 9. Utilities. All utilities shall be underground. 10. Lighting. The outdoor lighting provisions of section 17.56.040 (Environmental Protection) of this title shall apply and all exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting property and to prevent distraction of drivers of vehicles on public rights-of-way. Luminaries shall be of a low-level, indirect, and diffused type. All lighting under canopies or on the building shall be covered with diffusing lenses and shielded. Planning commission approval of all outdoor lighting is required. 11. Landscaping. Landscaping plans shall be approved by the planning commission unless the planning commission refers this task to the director or the director's designee. There shall be the following minimum landscaping: a. The ten (10) foot setback along the street frontages, except where there are driveways, shall be landscaped and planting shall not exceed three (3) feet in height, except trees; and b. Eight percent (8%) of the total site shall be landscaped in addition to landscaped street frontage setbacks. All landscaped areas shall have permanent automatic irrigation systems and shall be well maintained. All planting areas shall be surrounded by six (6)-inch high cement curbs, unless they have higher planter walls. 12. Off-site Improvements. Off-site improvements, including curb, gutter, sidewalk, pavement, street lights, and street trees are required to be installed by the developer. These improvements must meet city specifications and shall conform to chapter 17.52 (Dedications, Right-of-Way Improvements, and Off-Site Improvements) of this title. Where future installation is approved by the city, performance bonds are required. 13. Drainage. All drainage to the street shall be by underground drainage structures to avoid drainage across the surface of city walks or drive aprons. All drainage shall comply with this title, any other title of the municipal code and any other applicable laws. 14. Paving. All areas not planted or used for building must be paved with a minimum of three (3) inch thick concrete and paving shall meet city specifications. D. Operations. 1. Operation of an automobile service station shall be limited to the sale of such automotive items and services generally required in the operation and maintenance of motor vehicles, and to the sale of such non-automotive items as are required by the motorist. The display of automotive merchandise shall be permitted only within the building, or in enclosed cases on the pump islands, or adjacent to the building outside. Non-automotive items, such as cigarettes and soft drinks, may only be dis- played in vending machines in specially designed areas approved by the planning commission. Sale'or display of non-automotive items, other than items in vending machines and temporary promotional gifts, is prohibited unless a conditional use permit or a revision to an existing conditional use permit, to allow a convenience store, is ORDINANCE NO. 320 Page 237 of 312 obtained pursuant to section 17.76.080 (convenience stores) of this title. 2. Outdoor operations shall be limited to: a. The retail sale of petroleum products; b. The supply of air and water; c. Auto washing by hand, where an area of not more than five hundred (500) square feet is used; d. Waxing and polishing automobiles; e. Tire changing; f. Battery servicing, charging and changing; and g. Installation of minor accessories, e.g., windshield blades and arms, gas caps, lamps, lamp globes, and performance of minor repairs. 3. Other operations related to the servicing of motor vehicles may be conducted within the building. A mechanical car wash may be permitted by conditional use permit or a revision to an existing conditional use permit provided that it is clearly auxiliary to the service station use, and in a roofed structure enclosed on at least two (2) sides. There shall be no body and fender work, painting, repair and rebuilding of electro-chemical batteries, or other work of a similar nature. 4. The rental of cars or trailers may be permitted as an adjunct to the service station business, provided that: a. A conditional use permit, or a revision to an existing conditional use permit, pursuant to chapter 17.60 (Conditional Use Permits) of this title, is obtained. b. Site area sufficient for the parking of rental vehicles must be provided in addition to the minimum area required for the station, and no more than ten percent (10%) of the total lot area may be occupied by rental vehicles. c. Rental vehicles may not be parked in required parking spaces, nor in the area between the building setback lines and street right-of-way lines. d. The rental of trucks, tractors, trailers, or similar large vehicles or implements is prohibited. E. Abandonment. 1. A conditional use permit for a new service station at any location within the corporate limits of the city shall not be approved and granted to any company or to an affiliate of a company that owns, leases, rents, or in any manner controls property within the city that is occupied by an abandoned or vacant service station. Abandoned or vacant, as used in this section, shall mean that the service station has not been in operation for a period of sixty (60) days or more prior to the date the planning commission adopts its resolution of decision on the application for a new service station. This provision shall not apply to a service station that is not in operation because it is in the process of being reconstructed or remodeled; having its underground storage tanks replaced; or as a result of an involuntary or voluntary act taken against the buildings and/or land, which its not the fault of the property owner or lessee. 2. It shall become the responsibility of the property owner to remove any and all structures and equipment both above and below the ground from the lot if the service station has been abandoned, as here defined, for one hundred eighty (180) days. ORDINANCE NO. 320 Page 238 of 312 Once this time has elapsed, the property owner will have ninety (90) days to complete the removal of all structures and equipment and the restoration of the site. 17,75.1 00 City tree remiew 12e[ it; A. Purpose. This chapter provides a procedure for the pruning and/or removal of trees and/or foliage which are located on city property, a city easement, or within the public right-of-way in order to protect the public health, safety, and welfare by preventing the needless impairment of views from vista points and view lots. B. Approval required. A city tree review permit is required prior to the pruning and/or removal of any tree and/or foliage, located on city property, a city easement, or within the public right-of-way, for the purposes of view restoration. C. Exemption. Trees and/or foliage located within the boundaries of the miraleste recreation & park district shall not be subject to the provisions of this section. D. City tree review permit application. Any person owning or having an interest in land in the city may file an application for a city tree review permit. An application for a city tree review permit shall be made to the director on forms provided by the city, and shall include the following items: 1. A completed application form signed by the property owner of the property where the view is impaired; and 2. A plan or map, drawn to the satisfaction of the director, which clearly shows the location of each tree and/or foliage located on city property, a city easement, or within the public right-of-way that is impairing the view of the applicant. E. Review criteria. Within thirty (30) days of the applicant's submittal of the complete city tree review permit application, the director or the director's designee shall either grant, deny, or conditionally grant the city tree review permit, based on the following review criteria: 1. After conducting an investigation of the applicant's property, it is determined that trees and/or foliage located on city property, a city easement, or in the public right-of-way are significantly impairing a view from a viewing area of the applicant's lot, as defined in chapter 17.02 (Single Family Residential Districts) of this title; 2. The trees and/or foliage, which are significantly impairing a view from a viewing area of the applicant's lot, are located less than one thousand (1,000) feet from any part of the applicant's lot; and 3. The trees and/or foliage, which are significantly impairing a view from a viewing area of the applicant's lot, did not exist as view impairing vegetation when the applicant's lot was created. F. Conditions of permit issuance. In granting any approval under this section, the director may impose such conditions thereto as may be reasonably necessary to prevent danger to public or private property; to prevent the tree removal or pruning from being conducted in a manner likely to create a nuisance; or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions so imposed by the dir(actor. Such conditions may include, but shall not be limited to, the following: 1. For a parkway tree and/or foliage that is part of a city-identified uniform street tree program or landscaping plan: ORDINANCE NO. 320 Page 239 of 312 a. The city shall determine whether the tree and/or foliage shall be pruned or removed in order to restore the applicant's view. If the city determines that the tree and/or foliage is to be removed and the owner of the property directly abutting or underlying the public right-of-way where the tree and/or foliage is located requests that a replacement tree and/or foliage be planted, the city shall make the final determination as to the type and number of replacement trees and/or foliage. b. The city shall pay for all costs of tree and/or foliage pruning, removal, and/or replacement. Whenever work is to be performed, it may be performed by the city or by a licensed contractor hired by the applicant and approved by the city. c. If the city determines that the tree and/or foliage may be pruned to restore the applicant's view, the city and applicant shall enter into an agreement, drafted by the city attorney, binding the city to maintain the trees and/or foliage which have been pruned so as to prevent future view impairment by such trees and/or foliage. The agreement shall require the city to undertake such-maintenance on at least an annual basis. 2. For parkway trees and/or foliage that are not part of a city- identified uniform street tree program or landscaping plan: a. The trees and/or foliage shall be removed, and not replaced. The applicant shall pay for all costs of tree and/or foliage removal. Whenever work is to be performed, it may be performed by the city or by a licensed contractor hired by the applicant and approved by the city. If the work is performed by the city; the applicant shall establish a trust deposit account with the city in an amount determined by the director of public works prior to the commencement of any work. If a person who has received notification of the director's decision files a written request, the trees and/or foliage may be pruned instead of removed, subject to the following requirements: L The director determines that the pruning of the subject trees and/or foliage will adequately restore the applicant's view. ii. The director of public works determines that the trees and/or foliage have not, and will not, cause damage to the improvements in the public right-of-way (street, curb, sidewalk, etc.). iii. The city and the owner of the property directly abutting or underlying the public right-of-way parkway where the trees and/or foliage are located enter into an agreement, drafted by the city attorney, binding the property owner to maintain the trees and/or foliage that have been pruned so as to prevent future view impairment by such trees and/or foliage. The agreement between the city and the property owner shall specify the maximum time interval, as determined to be appropriate by the director, within which the property owner shall undertake such maintenance. iv. if pruning, rather than removal, would increase the cost of restoring the view, the owner of the property directly abutting or underlying the public right-of-way parkway where the trees and/or foliage are located shall pay the difference in cost. The property owner shall establish a trust deposit account with the city in an amount determined by the director of public works prior to the commencement of any work. ORDINANCE NO. 320 Page 240 of 312 3. For trees and/or foliage located within a roadway median, a city park, or within any other city property or city easement, not including parkways: a. If the city determines that the tree and/or foliage needs to be removed in order to restore the applicant's view, the city shall determine whether the tree and/or foliage shall be replaced, and shall make the final determination as to the type and number of replacement trees and/or foliage. b. If the city determines that the tree and/or foliage can be pruned to restore the applicant's view, the city and applicant shall enter into an agreement, drafted by the city attorney, binding the city to maintain the trees and/or foliage which have been pruned so as to prevent future view impairment by such trees and/or foliage. The agreement shall require the city to undertake such maintenance on at least an annual basis. c. The city shall pay for all costs of tree and/or foliage pruning, removal, and/or replacement. Whenever work is to be performed, it may be performed by the city or by a licensed contractor hired by the applicant and approved by the city. G. Notification. Upon the granting of a city tree review permit by the director, written notice of the decision shall be given. The notice shall be sent to the applicant, the owners of directly abutting or underlying the public right-of-way where the tree and/or foliage are located which are subject to pruning or removal and the adjacent property owners. Adjacent property shall include all lots which directly abut, or which are located across the street from the property directly abutting or underlying the public right-of-way where the tree and/or foliage are located. Notice of denial shall be given only to the applicant. H. Appeals. Any interested person receiving notice of the director's decision may appeal the decision of the director to the view restoration commission, in writing , within fifteen calendar days of the director's decision. Pursuant to section 17.02.040(C)(2)(g) of the municipal code, the decision of the view restoration commission on such an appeal may be appealed to the city council. No city tree review permit shall be effective until all applicable appeal periods have been exhausted. 177,.6.110 Exotic animal permit. A. Purpose. The exotic animal permit is established to permit the keeping of wild animals, as defined in section 6.04.230 (Animals) of this municipal code, or other domestic animals not specifically authorized elsewhere. B. Procedure. 1. Written applications shall be filed with the director, except that no application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous twelve (12) months, unless the previous application is denied without prejudice by the director, or on appeal by the ORDINANCE NO. 320 Page 241 of 312 planning commission or city council. An application for an exotic animal permit shall contain the following information: a. The name and address of the applicant and of all persons owning any or all of the property proposed to be used. If applicant does not own the subject property, written permission from the owner or owners to make such application must be included with the application; b. The address and legal description of the subject property; c. The reason for the request; d. A sketch or plan indicating the area and dimensions of the building or enclosure in which the animal or animals are to be kept and the location and the dimensions of all other structures on the subject and adjacent properties; however, no sketch or plan shall be required if the subject of the application involves only the height of fences; e. The names and addresses of all persons who are shown on the latest available assessment roll of the county as owning property within five hundred (500) feet from the exterior boundaries of the subject lot or parcel; f. A fee, as established by resolution of the city council; and g. Other appropriate information as the director may require. 2. The director shall mail a notice to all property owners shown on the application. The notice shall state the location of the subject property, the intent of the application, and the recipient's right to oppose the permit. All opposition to the permit must be submitted in writing to the director within ten (10) working days after the mailing of such notice. 3. The director shall approve an application for an exotic animal permit where the information presented by the applicant substantiates the following findings: a. That the permit, if issued, will not be detrimental to the public health, safety, or general welfare; and b. That the proposed site is adequate in size and shape to accommodate the proposed use without material detriment to the use, enjoyment, or valuation of properties in the vicinity of the site, and that the requested use is an appropriate use of the site. 4. The director may impose such conditions on permits as are deemed necessary to insure that animals will be maintained in accordance with the provisions of this chapter. 5. The director shall deny the application where the information presented by the applicant fails to substantiate the required findings to the satisfaction of the director. 6. The notice of decision of an exotic animal permit shall be given by the director to the applicant and any interested person, pursuant to section 17.80.040 (Hearing Notice and Appeal Procedure) of this title. Any interested party may appeal the director's decision io the planning commission pursuant to section 17.80.050 (Hearing Notice and Appeal Procedure) of this title. The decision of the planning commission may be appealed to the city council pursuant to section 17.80.070 (Hearing Notice and ORDINANCE NO. 320 Page 242 of 312 Appeal Procedure) of this title. 7. Each permit shall be permitted to continue until the lot(s) or parcel(s) is/are sold or transferred, unless a different time period is specified by the city. For purposes of this paragraph, change of ownership shall not include inter-spousal transfers in cases of divorce, or inheritance by a spouse or child. 8. The permit may be terminated upon the occurrence of the following: a. The subject lot or parcel is subdivided, reduced in size, or is combined with one or more other lots or parcels; or b. A violation of any of the conditions upon which the permit was granted. 3. The director shall cause each exotic animal permit that is issued to be recorded with the county recorder in order to provide notice of the terms of the permit. 7.76.1_1.5 Larae domeratig--animal permits. A. Large domestic animal permit. 1. Purpose. A large domestic animal permit may be issued by the director to allow the following large domestic animal keeping in an equestrian overlay (Q) district, provided the review criteria described in section 17.76.115(A)(3) can be made: a. The keeping of five (5) to six (6) large domestic animals on a developed lot or parcel; b. The keeping of one (1)to six (6) large domestic animals on a vacant lot or parcel which is contiguous to a developed lot that is under the same ownership or control as the vacant lot, not to exceed a total of six (6) large domestic animals per lot. 2. Application. a. Written application shall be filed with the director. The applicant shall be the owner of the land on which the animals will be kept. No application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous twelve (12) months, unless the previous application is denied without prejudice by the director, or on appeal by the equestrian committee or city council. An application,to the director for a large domestic animal permit shall be executed under penalty of perjury and shall contain the following information: i. The name and address of the applicant and of all persons owning or leasing any or all of the property proposed to be used; ii. The address, legal description, and ownership of the subject property; iii. The total number of animals presently being kept, and proposed to be kept on the subject property; iv. A statement identifying the owner of each animal kept and/or proposed to be kept on the subject property; v. The reason for the request; ORDINANCE NO. 320 Page 243 of 312 vi. A sketch or plan indicating the area and dimensions of the building(s) or enclosure(s) in which the animal or animals are to be kept and the location and the dimensions of all other structures on the subject and adjacent properties; however, no sketch or plan shall be required if the subject of the application involves only the height of fences; vii. The names and addresses of all persons who are shown on the latest available assessment roll of the county as owning property adjacent to the proposed animal keeping use, including parcels which are located directly across any public or private right-of-way from the subject property; viii. A fee, as established by resolution of the city council; and ix. Other appropriate information as the director may require. b. The director shall mail a notice to all property owners and lessees shown on the application. The notice shall state the location of the subject property; the intent of the application; and the recipient's right to oppose the permit before the director. All opposition to the permit must be submitted in writing to the director within ten (10) working days after the mailing of such notice. 3. Review criteria. The director shall approve an application for a large domestic animal permit, where the information presented by the applicant substantiates the following findings: a. The lot or parcel on which the animals will be kept meets the minimum lot area animal keeping requirements described in section 17.46.020 (Equestrian Overlay District) of this title; and b. No more than four (4) large domestic animals will be boarded on any developed lot, or on any combination of contiguous developed or vacant parcels which are under the same ownership or control as the developed lot. For purposes of this finding, boarding shall mean the keeping or maintaining of large domestic animals that are not owned by the owners or lessees of the lot or parcel upon which the animals are being kept or maintained. 4. Director action. a. The director may impose such conditions on permits as are deemed necessary to insure that animals will be maintained in accordance with the provisions of chapter 17.46 (Equestrian Overlay District) of this title. b. The director shall deny the application where the information presented by the applicant fails to substantiate the required findings to the satisfaction of the director. 5. Notice of Decision. The notice of decision of a large domestic animal permit shall be given by the director to the applicant and any interested person, pursuant to section 17.80.040 (Hearing Notice and Appeal Procedure) of this title. Any interested person may appeal the director's decision to the equestrian committee, and the equestrian committee's decision to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedure) of this title. 6. Permit life. ORDINANCE NO. 320 Page. 244 of 312 a. Each large domestic animal permit shall continue in perpetuity unless a different time period is specified by the director, or on appeal by the equestrian committee or city council. The permit may be terminated upon the occurrence of the following: L The subject lot or parcel is subdivided, reduced in size, or is combined with one or more other lots or parcels; or ii. A violation of any of the conditions upon which the permit was granted. b. The director shall cause each large domestic animal permit issued to be recorded with the county recorder in order to provide notice of the terms of the permit. B. Conditional large domestic animal permit. 1. Purpose. A conditional large domestic animal permit may be issued by the equestrian committee described in section 17.46.070 (Equestrian Overlay District) of this title to allow: a. The following animal keeping in an equestrian overlay (Q) district, provided the equestrian committee determines that the findings described in section 17.76.115(B)(3) can be made: L The keeping of one (1) to six (6) large domestic animals on a vacant lot or parcel that is not contiguous to a developed lot or parcel that is under the same ownership or control as the vacant lot or parcel; ii. The keeping or maintaining of more than six (6) large domestic animals on any developed or vacant lot or parcel; iii. The keeping of one (1) or more cows on a vacant or developed lot or parcel; iv. Variations from the terms and requirements of chapter 17.46 (Equestrian Overlay District) of this title by the keeper of the animals, including, but not limited to: (a). The minimum lot or parcel size required to maintain large domestic animals; (b). The dimensions or locations of fences, enclosures, corrals, barns, and other structures, except that the thirty-five (35) foot minimum setback to habitable structures set forth in section 17.46.060(A)(1) of this chapter, cannot be reduced; (c). The screening requirements; and (d). The animal waste control requirements. b. The keeping of one or more large domestic animals on lots or parcels not located within a large domestic animal overlay district. 2. Application. a. Written applications shall be filed with the director. The applicant shall be the owner of the land on which the animals will be kept. No application shall be accepted if final action has been taken on an application requesting the same or substantially the same permit within the previous twelve (12) months, unless the previous application is denied without prejudice by the equestrian committee, or on appeal by the ORDINANCE NO. 320 Page 245 of 312 city council. An application to the equestrian committee for a large domestic animal permit shall be executed under penalty of perjury and shall contain the following information: L The name and address of the applicant and of all persons owning or leasing any or all of the property proposed to be used; ii. The address, legal description and ownership of the subject property; iii. The total number of animals presently being kept, and proposed to be kept on the subject property; iv. A statement identifying the owner of each animal kept and/or proposed to be kept on the subject property; v. The reason for the request; vi. A sketch or plan indicating the area and dimensions of the building(s) or enclosure(s) in which the animal or animals are to be kept and the location and the dimensions of all other structures on the subject and adjacent properties; however, no sketch or plan shall be required if the subject of the application involves only the height of fences; vii. The names and addresses of all persons who are shown on the latest available assessment roll of the county as owning property within five hundred (500) feet of the proposed animal keeping use; viii. A fee, as established by resolution of the city council; and ix. Other appropriate information as the director may require. b. The director shall mail a notice to all property owners shown on the application. The notice shall state the location of the subject property; the intent of the application; the date, time and place of the hearing before the equestrian committee; and the recipient's right to oppose the permit before the equestrian committee. All opposition to the permit must be submitted in writing to the director within ten (10) working days after the mailing of such notice. 3. Findings. The equestrian committee shall approve an application for a large domestic animal permit, where the information presented by the applicant substantiates the following findings: a. That no more than four(4) large domestic animals will be boarded on any vacant or developed lot, or on any combination of contiguous parcels which are owned or under the control of the same individual(s). For purposes of this finding, boarding shall mean the keeping or maintaining of large domestic animals that are not owned by the owners or lessees of the lot or parcel on which the animals are being kept or maintained; b. That the permit, if issued, will not be detrimental to the public health, safely, or general welfare; c. That the proposed site is adequate in size and shape to accommodate the proposed use without material detriment to the use, enjoyment, or valuation of properties in the vicinity of the site; and ORDINANCE NO. 320 Page 246 of 312 d. That the requested use is an appropriate use of the site. 4. Equestrian committee action. a. The equestrian committee may impose such conditions on permits as are deemed necessary to ensure that animals will be maintained in accordance with the provisions of this chapter. Such conditions shall include, but are not limited to, an increase in the setbacks between animal keeping areas and adjacent residential structures, additional parking requirements, additional screening requirements, and additional waste control requirements. b. The equestrian committee shall deny the application where the information presented by the applicant fails to substantiate the required findings set forth in paragraph 3 of this section to the satisfaction of the committee. 5. Notice of decision. The notice of decision of a conditional large domestic animal permit shall be given by the director to the applicant and any interested person, pursuant to section 17.80.040 (Hearing Notice and Appeal Procedure) of this title. Any interested person may appeal the equestrian committee's decision to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedure) of this title. 6. Permit life. a. Each conditional large domestic animal permit shall continue in perpetuity, unless a different time period is specified by the equestrian committee, or on appeal by the city council, or unless the permit allows the keeping or maintaining of large domestic animals, in which case the permit shall terminate when the lot(s) or parcel(s) is/are sold or transferred. For purposes of this paragraph 6, change of ownership shall not include inter-spousal transfers in cases of divorce, or inheritance by a spouse or child. b. The permit may be terminated upon the occurrence of the following: L The subject lot or parcel is subdivided, reduced in size, or is combined with one or more other lots or parcels; or ii. A violation of any of the conditions upon which the permit was granted. c. The director shall cause each special animal permit issued to be recorded with the county recorder in order to provide notice of the terms of the permit. 1,7,76.,120.Ar_ ales. A. Purpose. This section provides procedures and standards for operating video game arcades, as defined in chapter 17.96 (Definitions) of this title. B. Applicability. Any new video game arcade, and any existing video game arcade that has been closed for business for more than one hundred eighty (180) consecutive calendar days, shall not be developed or opened for business unless a conditional use permit is issued by the planning commission pursuant to the requirements of this section and chapter 17.60 (Conditional Use Permits) of this title. C. Nonconforming uses. Any existing video game arcade shall comply with the standards of this section within one (1) year of the adoption of this section ORDINANCE NO. 320 Page 247 of 312 unless deviation from these standards is authorized by a conditional use permit. Any intensification of a use at any existing video game arcade, such as an increase in the number of arcade games or the addition of other arcade uses, requires approval of a conditional use permit pursuant to this section and chapter 17.60 (Conditional Use Permits) of this title. D. Development standards. The standards of the commercial zoning district in which the video game arcade is located shall apply. The planning commission may require additional standards that the planning commission deems necessary to protect the public health, safety, and welfare, as well as to ensure that the video game arcade will be compatible with the surrounding uses. Such additional standards may include, but shall not be limited to: 1. Security Program. The establishment of a security program similar to that described in section 17.76.080(D)(1) (convenience stores) of this title, that requires: a. Attendance by all management personnel at a sheriffs crime prevention class to acquaint them with personal safety, security, and crime prevention techniques, and other law enforcement concerns. Proof of attendance must be provided annually prior to business license renewal; b. Staffing of the premises with at least two (2) employees during all hours that the store is open to the public; c. Adequate interior and exterior security lighting; d. The counter area to be readily visible from the street at all times; e. A policy concerning the amount of cash available at the register; and f. A limited access money depository on the premises. 2. Operation. Restrictions on the days and hours of operation, and on the location of the video game machines on the property; 3. Location. If a video game arcade constitutes the primary use on a lot or panel, said video game arcade shall be located a minimum of one hundred (100) feet from any residential or institutional building, other than residential or institutional accessory buildings such as storage sheds or detached garages. 4. Use. If a video game arcade constitutes an ancillary use on a lot or parcel, only actual patrons of the primary use shall play the arcade games. 5. Parking. If a video game arcade constitutes the primary use on a lot or parcel, one (1) parking space for each video game machine plus one (1) parking space for each full-time employee shall be required. 6. Hours of Operation. Hours of operation shall be limited to six a.m. to eleven p.m. for any video game arcade located within three hundred (300) feet of a residential or institutional use or zone. 17,76.1,30..1Q. eoloaig joyestiaation 12ermit. A. Purpose. The City finds and declares that it is necessary to adopt this section to promote the public health, safety, and general welfare by providing for field ORDINANCE NO. 320 Page 248 of 312 research for geologic reports. Where this section is in conflict'with other city ordinances, the stricter shall apply. B. Approval required. A geologic investigation permit is required for all investigative trenching, boring or grading, performed mechanically or by hand. Such trenching, boring or grading shall pertain only to the accumulation of necessary data. if the geologic investigation requires a permanent alternation of the property, resulting in grading which exceeds twenty (20) cubic yards or more of earth movement, approval of a grading permit shall also be obtained pursuant to section 17.76.040 (grading permits). C. Application. Prior to issuance of a geologic investigation permit, the following shall be submitted to the director: 1. A completed geologic investigation permit application on a form furnished by the city. The application shall be signed by the owner of the property where the work is to be performed, or by his or her duly authorized agent. An agent's authority must be shown in writing. The director may require additional information as necessary to carry out the purposes of this section; 2. Unless waived by the director, the application shall be accompanied by scaled plans or drawings which show the following: a. A plot plan of the subject property, at a reasonable scale, identifying all property lines, easements, existing and proposed structures, accurate contours of existing topographic conditions, ingress and egress routes to be used, all grading for access routes and trenching, and the location of all trenching and boring sites; b. The location of any existing structure on an adjacent property if within fifteen (15)feet of the proposed investigation, whether or not that struc- ture is located on the lot where the investigation is to occur; 3. A list of all equipment to be used; 4. Any additional plans, drawings, or calculations deemed necessary by the director, to demonstrate that the proposed investigation complies with the provisions of this title; 5. An application fee, as established by resolution of the city council; 6. A deposit fee for any off-site placement of material. if excavated material, in excess of twenty (20) cubic yards, is to be deposited off the site, the applicant shall deposit with the city a deposit fee, established by resolution of the city council, in the form of cash, check or money order as security for the proper removal of the excavated material, before being granted a geologic investigation permit allowing such excavation. Such excavated material shall be disposed of in the manner set forth and at the location indicated on the city's "Notice to Contractors and Property Owners--Requirements for Removal of Excavated Materials." Upon submission to the city of dump receipts which substantiate the proper removal of all excavated material from the investigation site, as shown on the notice, the deposit shall be returned. Failure top resent valid receipts to the city within one hundred eighty (180) days of final approval, cancellation, or expiration of the geologic investigation permit shall result in forfeiture of the security deposit. Forfeited deposits shall be placed in the general fund of the city and ORDINANCE NO. 320 Page 249 of 312 used to cover the cost of removing illegally dumped material; aid 7. A deposit fee for any restoration of the site required by the city. Such deposit shall be refunded upon completion of the site restoration to city standards. If the site is not restored within thirty (30) days of the completion of the investigation, the city may restore the site and utilize the deposit for that purpose. If the restoration by the city exceeds the amount of the deposit, the city shall assess the property owner(s) for the outstanding cost of the restoration as per city procedures. D. Criteria for evaluation of a geological investigation permit. The director shall assess an application for a geologic investigation in light of the following criteria: 1. The trenching, boring or grading for temporary access does not exceed that necessary for the gathering of necessary data. 2. The trenching, boring or grading does not significantly adversely affect the visual relationships with, or the views from, neighboring sites. 3. The trenching, boring or grading minimizes disturbance to the natural contours. 4. The trenching, boring or grading takes into account the preservation of natural topographic features and appearances. 5. The trenching, boring or grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. 6. The trenching, boring, or grading avoids, where possible, or minimizes disturbance to archaeological or paleontological resources. E. Conditions upon issuance. In granting any approval under this chapter, the director may impose such conditions thereto as may be reasonably necessary to prevent danger to public or private property, to prevent the operation from being conducted in a manner likely to create a nuisance, or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions so imposed by the director. Such conditions may include, but shall not be limited to: 1. Limitations on the hours of operation in which work may be performed; 2. Designation of routes upon which materials may be transported and means of access to the site; 3. Designation of the place and manner of disposal of excavated materials and of the acquisition of fill materials-, 4. Requirements as to the mitigation of dust and dirt, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience and reasonable desires and needs of said neighbors; 5. Designation of maximum or minimum slopes to be used; 6. Regulations as to the use of public streets and places in the course of the work and 7. Requirements that the site be reasonably restored to its previous condition, including but not limited to, replacement of any earth that was disturbed and re-seeding and/or re-planting of any vegetation that was removed. ORDINANCE NO. 320 Page 250 of 312 F. Appeal. Any interested person may appeal any decision or any condition of the director to the planning commission and of the planning commission to the city council pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. 17.76.140 Bed and Breakfast Inns. A. Purpose. This section provides criteria for the development, operation, and regulation of bed and breakfast inns in the city. These criteria ensure that bed and breakfast inns are developed and operated on adequate sites, at proper and desirable locations with respect to surrounding land uses, and the goals and objectives of the general plan and any applicable specific plans. These criteria further ensure that if located in residential districts, bed and breakfast inns are compatible with a residential environment. B. Applicability. 1. Conditional Use Permit Required. In zoning districts where such conditional uses are allowed by this title, the development of a bed and breakfast inn or the conversion of any portion of an existing use or structure into a bed and breakfast inn shall require the approval of a conditional use permit by the planning commission pursuant to the requirements of this chapter and chapter 17.60 (Conditional Use Permit) of this title. 2. Findings. In order to approve a conditional use permit for a bed and breakfast inn, the planning commission must make the findings listed below and the findings listed in Chapter 17.60 (Conditional Use Permits) of this title: a. That the proposed bed and breakfast inn will not contribute to the undesirable proliferation of such uses; b. That the operation of the proposed bed and breakfast inn - will not adversely affect adjacent or nearby residences; c. If located in a residential zoning district, that the operation of the proposed bed and breakfast inn will not alter the residential character of the neighborhood or create vehicular or pedestrian traffic which changes the residential character of the neighborhood and dwelling unit where the bed and breakfast inn is being operated. C. Development standards. 1. Residential Interface. If the proposed bed and breakfast use is located within or adjacent to a residential zoning district, the following standards shall be imposed to reduce the impact of the bed and breakfast inn on adjacent residential uses: a. Public Entrances. Public entrances and loading areas shall be designed or screened so as to avoid facing an adjoining residence. b. Guest Arrivals. Guests are not permitted to check in or check out between,the hours of ten p.m. and seven a.m. c. Use. The establishment and conduct of a bed and breakfast inn in a residential zoning district shall not change the principal residential character of the use of the dwelling unit, nor shall there be any exterior evidence of the ORDINANCE NO. 320 Page 251 of 312 bed and breakfast use being conducted. The bed and breakfast inn use shall be clearly incidental to the residential use. .2. Lighting. The lighting provisions of section 17.56.040 (Environmental Protection) shall apply and all exterior lighting shall be arranged and shielded to prevent of-site illumination. In residential zoning districts, only ground-oriented, shielded or diffused lighting shall be allowed. 3. Signage. Signage related to the bed and breakfast inn use shall only be allowed in non-residential zoning districts and shall conform to the requirements of section 17.76.050 (Sign Permit). 4. Parking. One paved (1) off-street parking space for every bedroom available for lodging shall be provided on the property on which the bed and breakfast use is located. 5. Employees. With the exception of one outside employee, there shall be no employment of help in connection with the operation of the bed and breakfast inn other than the individuals residing at the residence. 6. Appearance. All structures must comply with general appearance, setbacks, and landscaping standards and regulations applicable to the principal zoning district in which the bed and breakfast inn is located. 7. Noise. There shall be no noise or other disturbance created by the bed and breakfast inn use. 8. Location. A bed and breakfast inn shall not be located within one thousand (1,000) feet of any other bed and breakfast inn. 9. Operation. The operators of a bed and breakfast inn must reside on the property on which it is located and the site shall be maintained in a neat and orderly manner and operated as specified by the conditional use permit. 10. Intensification of Use. Any accessory activities or improvements that change or intensify the use of a bed and breakfast inn previously approved through a conditional use permit by the planning commission, including, but not limited to the addition of bedrooms or exterior improvements, shall require prior review and approval by the director. The director has the discretion to refer the requested activity to the planning commission for review. D. Enforcement. In the event that written complaints are received regarding the operation of a bed and breakfast inn, the director shall investigate and may refer the complaints to the planning commission. The planning commission will hold a public hearing to review the complaints, the conditional use permit or other approvals, pursuant to chapter 17.60 (Conditional Use Permits). 1. Public Hearing. If a public hearing is held to review the conditional use permit, the planning commission may add, delete, or modify conditions of approval, or revoke the conditional use permit pursuant to section 17.86.060 (Enforcement) of this title. 2. Appeal. Any decision by the planning commission to add, modify, or delete conditions of approval, or to revoke the conditional use permit may be appealed to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedure) of this title. ORDINANCE NO. 320 Page 252 of 312 Qbimter 1 Z.7.$. MISCELLANEOUS aecti 17.78.010 Fee waivers. 17.78.020 Acceptance of conditions. 17.78.030 Consideration of multiple applications. 17.78.040 Amendments to approved applications. 17.78.050 Interpretation procedure for approved applications. 117.78.010 Fee Waiye.m. A. Except for the application fee exemption described in section 17.78.010(D) of this chapter, no appeal, application for a permit, or approval under title 16 or title 17 of this municipal code may be accepted unless the applicant pays all necessary application, appeal and/or penalty fees as established by the city council. The director may accept requests for waiver of application, appeal and/or penalty fees for presentation to the city council. If a fee waiver request is submitted concurrently with an application or appeal, the application, appeal and/or penalty fee shall be paid..by the applicant and the paid fee shall be held by the city until a determination is made on the accompanying fee waiver request. B. The city council may, in its discretion, grant such a waiver if it finds: 1. The applicant or the beneficiary of the use or activity proposed by the applicant is a non-profit corporation registered with the state of california; or 2. The use or activity proposed or the activities of the beneficiary of the use or activity proposed are charitable, educational, or otherwise provide a substantial benefit to the public. 3. The applicant has demonstrated a financial hardship, as determined by the city council, on a case by case basis. C. The city council may, in its discretion, grant a fee waiver without making the findings specified in section 17.78.010(B) of this chapter, if the applicant has been granted a variance due to administrative error pursuant to subsection 17.64.020(0) (Variances) of this;title. D. Non-profit corporations that are registered with the secretary of state and which are located or conduct business in the city of rancho palos verdes, or provide ORDINANCE NO. 320 Page 253 of 312 services available to city residents, shall, upon submittal of reasonable proof as to non- profit status, be exempt from the requirement for payment of application fees associated with processing certain planning applications. This exemption shall apply only to the following types of applications: 1. Temporary sign permits; 2. Special use permits; 3. Sign permits; and 4. Site plan review applications (only where no new expansion of building space or lot coverage is proposed). This fee exemption shall not be construed as waiving the requirements for submittal and review of the required applications and associated information. This fee exemption shall not apply to appeal fees, penalty fees or fees for building permits or plan check services. Fee waivers for appeal fees, penalty fees and/or building permtis or plan check services shall be processed in accordance with the procedures described in section 17.78.010 of this chapter. 1.7.78.Q2QAccei2#ance Qf conditions. Any discretionary permit or approval which has been approved by the director, planning commission or city council pursuant to stated conditions shall be null and void on the ninety-first (91st) day after it is granted or upon issuance of a building permit, whichever occurs first, if the applicant has not prior to that date informed the director in writing of his or her acceptance of the conditions of approval. While this written acceptance may form the basis of an estoppel against the applicant, it shall not create any contractual relationship between the city and the applicant. 17 mIjIliple. . f A. When more than one permit, variance, or other approval under titles 16 and 17 of this code is necessary for a single development project or use, the applicant shall submit all the applications simultaneously and the applications shall be processed concurrently. Further, all the applications may be considered by a single officer or agency of the city pursuant to this section. B. If any of the applications would be presented to the planning commission for initial consideration if filed singly, all the applications shall be presented to the planning commission as a package. The planning commission shall then have the authority to act on each application as if the planning commission were the officer, or agency of the city, authorized to act on such an application by title 16 or title 17 of this code. C. If none of the applications would be presented to the planning commission for initial consideration if filed singly, then all the applications shall be acted upon by the director as a package. The director shall then have the authority to act on ORDINANCE NO. 320 Page 254 of 312 each application. D. A decision of the director on a group of applications pursuant to this section may be appealed to the planning commission pursuant to section 17.80.050 (Hearing Notice and Appeal Procedures) of this title. A decision of the planning commission on a group of applications, pursuant to section 17.78.030 of this chapter, may be appealed to the city council pursuant to section 17.80.070 (Hearing Notice and Appeal Procedures) of this title. An appeal of an application that is part of a package shall serve as an appeal of the entire application package. E. Unless an appeal is referred to the director pursuant to section 17.80.060(E) (Hearing Notice and Appeal Procedures) of this title, or to the planning commission pursuant to section 17.80.080(A)(5) (Hearing Notice and Appeal Procedures) of this title, the appellate body may, in its discretion, consider any issue, any permit or approval approved in the appealed package, whether or not raised or identified in the notice of appeal. Unless an appeal is authorized by this paragraph, all decisions rendered pursuant to this section shall be final when rendered. F. If any of the applications presented to the planning commission require final approval by the city council, if filed singly, then all the applications shall be forwarded to the city council for final action. JLZ�.040 Am.endmenta-Ig agl2rgved apl2liQati A. An amendment, which proposes a substantive revision to the plans or project approved by an application that has been granted in accordance with this title, may be initiated by the property owner, at any time it is deemed necessary or desirable, upon petition to the director and submittal of a fee, as established by resolution by the city council. The determination of what constitutes a substantive revision shall be made by the director. Amendments to the project shall include, but are not limited to, the deletion or modification of existing conditions of approval, or the inclusion of new conditions of approval. B. The amendment to the project shall be considered by the same body which took the final action in granting the original application, utilizing the same hearing and noticing procedures, review criteria, and appeal procedures as required by this title, for consideration of the original application. 1 L78.050 I nle[pretplign progedure for-a. 12roved apglications. A. Incases of uncertainty or ambiguity as to the meaning or intent of any decision granted in:accordance with this title, or to further define or enumerate the conditions of approval of an approved application, an interpretation procedure shall be followed whereby the body which took the final action in granting the original application ORDINANCE NO. 320 Page 255 of 312 shall conduct an interpretation review of the decision in question. Said interpretation review may be initiated by the director, planning commission, city council, or upon the written request of the property owner or any interested person. Said interpretation review shall utilize the same notice, hearing process and review criteria required by this title for consideration of the original application. The interpretation review procedure shall be applied, but not be limited to the following situations: 1. Discrepancies between approved plans and subsequently revised plans; 2. Interpretations of conditions of approval; 3. New issues stemming from construction of the approved project which were not addressed or considered as part of the original project approval; 4. New minor project modifications that are similar in scope to the project considered under the original application; and 5. Minor modifications to the approved project as a result of and in conjunction with city decisions on subsequent discretionary applications. B. In cases involving the interpretation of a decision of the planning commission and/or city council, the director shall prepare a written interpretation and transmit it to the appropriate review body. The director's written interpretation shall include a determination on whether said interpretation decision constitutes a minor, non- substantial revision to the approved application. Upon review of the director's interpretation, the appropriate body shall either: 1. Concur with the director's interpretation; and if the interpretation results in a minor revision to the approved application, approve the revision by minute order; or 2. Make a determination that the subject interpretation may result in a substantive revision to the originally approved application and thus require a formal review hearing; utilizing the same hearing, noticing requirements, review criteria, and appeal procedures, required by this Title, for consideration of the original application. C. In cases where the interpretation review is initiated by the director, planning commission or city council no fee shall be required. In cases where the interpretation review is initiated by an applicant/property owner or interested party, a fee, as established by resolution of the city council, shall be required. Cases in which an interpretation review shall be considered as initiated by an applicant/property owner or interested party include but are not limited to: ORDINANCE NO. 320 Page 256 of 312 1. Situations in which there is a differehce of opinion between the director and an applicant or interested person as to whether a subsequently revised plan is consistent of the originally approved plan; and the applicant or interested person seeks the opinion of the review body which took the final action on the approved application; and 2. Situations in which there is a difference of opinion between the director and an applicant or interested person on the interpretation of a condition of approval, and the applicant or interested person seeks the opinion of the review body which took the final action on the approved application. ORDINANCE No. 320 Page 257 of 312 Chapter 17.80 HEARING_NOTICE AND APPEAL PRCQCEDU_RES Secti �. 17.80.010 Title and purpose. 17.80.020 Effect of filing. 17.80.030 Appellate authority. 17.80.040 Notice of decision by director. 17.80.050 Appeal to planning commission. 17.80.060 Action by planning commission. 17.80.070 Appeal to city council. 17.80.080 Action by city council. 17.80.090 Notice of hearing. 17.80.100 Hearing transcript. 17.80.110 Denial without prejudice. 17.80.120 Appeal fee refund. 17.80.130 Appeals by city council. 2,8100 _Idle_and-12url2ose. The purpose of this chapter is to establish a procedure for appeals of decisions made pursuant to titles 16 and 17 of this code. 17,80.020 Effect of Filing. The filing of a notice of appeal pursuant to this chapter stays all activity on the project until a final decision on the appeal. 17.80.034 Appellate authority. A. Unless otherwise expressly provided in title 16 or title 17 of this code, any decision made by the director pursuant to title 16 or title 17 of this code may be appealed to the planning commission and any decision made by the planning commission or view restoration commission pursuant to title 16 or title 17 of this code may be appealed to the city council. B. The director is hereby designated as a zoning administrator pursuant to section 65900 of the California Government Code with respect to these decisions which may be rendered by that officer or his or her designees pursuant to this title 17. when acting as a zoning administrator pursuant to this paragraph C, the director shall exercise the authority conferred by this title and authorized by section 65901 of the California Government Code, 17.80.040 Notice of,decisior-i by director. When notice of a decision of the director is required to be given in accordance with the provisions of this section, the ORDINANCE NO. 320 Page 258 of 312 written notice shall: A. Provide a general explanation of the director's decision; B. Provide a general description of the property involved; C. Inform recipients of the notice of the right of any interested person to appeal the director's decision to the planning commission and explain how that right may be exercised; and D. Be given by first class mail to: 1. The project applicant and property owner; 2. Any person who submitted written comments concerning the applicant's request; 3. Any person who has filed a written request with the City to receive such notice; 4. Any homeowner association on file with the City that has jurisdiction over the subject property. 1,7.80.050 An al to plannina_commission. A. Power to hear and decide. The planning commission shall have the power to hear and decide appeals of decisions of the director. B. Filing of appeal. Unless otherwise specified in this code, any interested person may file an appeal of a director's decision with the planning commission, provided the appeal is filed in writing within fifteen (15) calendar days after the notice of the director's decision is issued and the appropriate fee, as established by resolution of the city council, is paid. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. The director's decision is final-if not appealed to the planning commission within fifteen (15) calendar days. C. Hearing and notice. The director shall set a hearing on the appeal, which shall be conducted as provided in section 17.80.060 of this chapter. Notice of the hearing shall be given as specified in section 17.80.090 of this chapter. 17.80.060 actin by piannina co misrgjon. In conducting an appeal hearing, the planning commission may: ORDINANCE NO. 320 Page 259 of 312 A. Approve an application upon finding that all applicable findings have been correctly made and all of provisions of title 16 and title 17 of this code have been complied with; or B. Approve an application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 and title 17 of this code; or C. Deny the application without prejudice upon a finding that all applicable findings have not been correctly made or all provisions of title 16 and title 17 of this code have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of titles 16 and 17 of this code; or D. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 and title 17 of this code have not been complied with; or E. Refer the matter to the director with instructions. 1-7.80,0Z0 Apell to city council. A. Appeal of a planning commission decision. Any interested person may file an appeal of a planning commission's decision to the city council provided the appeal is filed in writing within fifteen (15) calendar days after final action by the planning commission and the appropriate fee, as established by resolution of the city council, is paid. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. The planning commission's decision is final if no appeal is filed within fifteen (15) calendar days. B. Notice of appeal. A notice of appeal shall be filed in writing with the city clerk or the director and shall set forth the grounds for the appeal and any specific action, being requested by the appellant. C. Hearing date. The city manager or city clerk shall fix the time for hearing the appeal. D. Notice. The city clerk or director shall notice the hearing as required by section 17.80.090 of this chapter. E. Record on appeal. All materials on file with the director shall be part of the city council appeal hearing record. In addition, any person may offer supplemental evidence during the appeal hearing. ORDINANCE NO. 320 Page 260 of 312 F. De novo review. The city council appeal hearing is not limited to con- sideration of the materials presented to the planning commission. Any matter or evidence relating to the action on the application, regardless of the specific issue appealed, may be reviewed by the city council at the appeal hearing. 12.80.,080.Action by ty GgUnQil. A. In conducting an appeal hearing, the city council may: 1. Approve the application upon finding that all applicable findings have been correctly made and all provisions of title 16 and title 17 of this code are complied with; or 2. Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 and title 17 of this code; or 3. Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of title 16 and title 17 of this code have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of title 16 and title 17 of this code; or 4. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 and title 17 of this code have not been complied with; or 5. Refer the matter to the planning commission with instructions. B. Vote required. A simple majority of the city council members voting shall be required to overrule or modify a decision by the director and/or planning commission which is appealed, or to grant an appealed application where the director and/or commission has failed to act within the time permitted by law. C. Effective date. A decision of the council sustaining, overruling or modifying any decision, determination or requirement of the planning commission shall be final and conclusive when rendered unless otherwise provided by the council in rules of procedure or elsewhere. In cases where the city council adopts a resolution memorializing the council's decision, final action shall be the adoption of the resolution. 17,.0:09_ Notice of hearina. Unless another provision of this code defines the notice required for a public hearing on an application or appeal, notice shall be provided as set forth in this section. ORDINANCE No. 320 Page 261 of 312 A. Time. Notice of public hearing shall be given pit least fifteen (15) calendar days before the hearing date. B. Content. A notice of hearing shall include: 1. The date, time and place of hearing; 2. The identity of the hearing body or officer; 3. A general explanation of the matter to be considered; and 4. The address or general location of the project site. C. Publication. Notice shall be published in a newspaper of general circulation in the City of Rancho Palos Verdes. If no such newspaper exists when notice is required to be given, such notice shall be posted in at least three (3) public places in the city designated by the city council. D. Notice to owners of property within five hundred (500) feet. 1. Written notice shall be given to all owners of property within five hundred (500) feet of the external boundaries of the subject property. Such written notice shall be made by first class mail or personal delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within five hundred (500) feet of the external boundaries of the subject property. 2. In the event that the number of owners to whom notice would be sent pursuant to section 17.80.090(D)(1) of this chapter is greater than 1,000, as an alternative to such notice, notice may be given by placing a display advertisement of at least 118 page in a newspaper of general circulation within the city. E. Notice to persons requesting notice. In all cases, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request with the city to receive notices of public hearings. Such a request may be submitted at any time and shall apply for the balance of the calendar year. A reasonable fee may be imposed on persons requesting such notice to recover the cost of such mailing. F. Notice to affected homeowner associations. In all cases, in addition to all other notices, nQtice shall be given by first class mail to any homeowner association(s) on file with the city that have jurisdiction over the subject property and any property located within five hundred (500) feet of the subject property. ORDINANCE NO. 320 Page 262 of 312 G. Property owner. In all cases, in addition to other notices, notice shall be given by first class mail to the owner of the subject property and the applicant, if different from the owner. .1731100 Hearing transc Nothing in this title 17 shall require the keeping of a verbatim hearing transcript where such a transcript is not otherwise required by law. 17.80.1.10 Denial without g iudise. Notwithstanding the application fling restrictions for a conditional use permit application [section 17.60.020(A)]; variance application [section 17.64.020(A)]; extreme slope permit application [section 17.76.060(C)(1); special animal permit application [section 17.76.110(B)(1); and a zone change/code amendment petition [section 17.68.030(C)], a land use application that has been denied without prejudice on appeal may be refiled at any time. The refiled application must be accompanied by the standard filing fee, unless the fee is waived by the city council, pursuant to section 17.78.010 (Miscellaneous) of this title. 17,EQ.120_8pppal f-Qg LQfund. All appeal fees shall be refunded to a successful appellant. An appellant is considered successful if a final decision is rendered granting his/her appeal. if an appeal results in a modification to the project, other than changes specifically requested in the appeal, than one half of the appeal fee shall be refunded to the successful appellant. 17,80.130 8gUegi,5 by city ,cil. The city council may determine by a majority vote, that an application which has been reviewed by the planning commission, but has not been appealed to the city council, should be reviewed by the city council. The city council's decision to review an application shall be made within the appeal period of the subject application. ORDINANCE NO. 320 Page 263 of 312 ARTICLE VIII. ADMINISTRATION Qbaoter 17.84 NONCONFQRMIIIES Seclions: 17.84.010 Purpose. 17.84.020 Applicability. 17.84.030 Continuance of nonconformities. 17.84.040 Nonconforming lots. 17.84.050 Nonconforming uses. 17.84.060 Nonconforming buildings and other structures. 17.84.Q1_0 Purgose. This chapter provides for lots, uses and structures which are or become nonconforming with the standards of this title; specifies the conditions under which nonconformities may continue, and prohibits the expansion of nonconformities. 17.84.0.20..Applicability. The provisions of this chapter shall apply to all lots, uses and structures which do not meet the standards of this title as a result of noncompliance upon adoption of this title, or amendments thereto, or upon annexation of territory to the city. This chapter does not apply to illegal lots, uses or structures. 17.84.030 Continuance of noncofQrmities. Nonconforming lots, uses, and structures may be continued subject to the provisions of this chapter. 17,84.04Q Nonconforming,lots. All lots which do not meet the minimum lot area, dimension standards and minimum building pad area requirement of the district in which they are located are deemed nonconforming lots, and the following provisions shall apply: A. Undeveloped, nonconforming lots may be used and have a structure erected upon them provided that geologic and/or soils reports are submitted and approved by the city and all applicable building code requirements can be satisfied. However, if such a lot is contiguous to another lot of the same ownership on the effective date of this title, such lots shall be considered to be an undivided parcel for the purposes of this title, and the separate lots shall be combined and recorded as one lot prior to the use of, and prior to the issuance of a building permit for any construction on the lot, or contiguous commonly..owned lot where this condition exists. B. No nonconforming lot shall be reduced in area or dimensions if such reduction would result in a greater degree of nonconformity. ORDINANCE NO. 320 Page 264 of 312 ,17.84.0 Q Nonconformirna uses. All uses which are not''listed as permitted uses in the district in which such use is being conducted, and all uses which, if presently initiated, would require a conditional use permit by this title and which do not have an approved conditional use permit, are deemed nonconforming uses, and the following provisions shall apply: A. No nonconforming use shall be expanded or moved in whole or in part to any portion of the lot or parcel or other structure other than that occupied by such use at the effective date of the provisions of this chapter, except as provided in sections 17.12.040 (Commercial Districts) and 17.26.050 (institutional District) of this title. B. No nonconforming use may be changed to a different nonconforming use. C. If a nonconforming use is discontinued for a period of one hundred eighty (180) calendar days or more, it shall not be reestablished. The destruction of buildings and/or land occupied by a nonconforming use, as a result of an involuntary act or a voluntary act taken against the buildings and/or land, which is not the fault of the property owner or lessee, shall not constitute a discontinued use. 1-7,84.QQQNgoconforMina buil i . All structures, including main buildings, accessory buildings, walls, fences, and any other structures, which do not meet the height or setback standards, or which result in open space less than required, or for which the number of parking spaces provided is less than required, are deemed to be nonconforming structures. No physical change, enlargement, extension, or reduction which increases the degree or extent of a nonconforming structure or building shall be made. The following provisions shall apply: A. Residential buildings. 1. Residential buildings located in any zoning district which are damaged or destroyed by a geologic hazard may be replaced, repaired or restored to original condition provided that such construction shall be limited to the same square footage, maximum height, and general location on the property; and said construction shall not aggravate any hazardous geologic condition, if a hazardous geologic condition remains. Prior to approval for such construction, the applicant shall submit to the city geologist any geological and/or geotechnical studies reasonably required by the city geotechnical staff and the applicant shall comply with any abatement measures as a condition of permit issuance. Upon application to the director, buildings may be expanded to conform to the setbacks listed below: ORDINANCE NO. 320 Page 265 of 312 Minimum Setback Standards Front Interior side Street side Rear 20 5 10 15 2. Residential buildings located in any zoning district which are damaged or destroyed due to an involuntary act, or due to a voluntary act against the structure(s)which is not the fault of the property owner or lessee may be replaced, repaired or restored to original condition provided that such construction is limited to the same maximum height, square footage and general location on the property. Upon application to the director, structures may be expanded to conform to the setbacks listed in section 17.84.060(A)(1) of this chapter. 3. Residential buildings that are proposed to be remodeled or renovated such that fifty percent (50%) or greater of any existing interior and exterior walls or existing square footage is demolished or removed within a two (2) year period, shall then conform to all current development standards for that district and the most recently adopted version of the uniform building code. B. Commercial buildings. Through December 31, 2009, any nonconforming commercial building in any commercial district may be restored to its original condition consistent with the uniform building code, in the event of destruction due to an involuntary act, or due to a voluntary act against the property which is not the fault of the property owner or lessee. Such construction shall not extend the amortization period for any structure. C. Other structures. 1. Any nonconforming structure which requires a building permit and which has deteriorated or is damaged, may be restored to original condition, in accordance with the most recently adopted version of the uniform building code, provided that the cost of such restoration does not exceed fifty percent (50%) of the replacement value of the structure, as determined by the director. If the restoration is necessary due to damage, the restoration shall commence, as that phrase is defined in section 17.86.070 (Enforcement) of this title, one (1) year from the date when the damage occurred. Otherwise, the restoration of said structure shall conform to all current development standards for that district. 2. Any nonconforming structure which does not require a building permit and which has deteriorated or is damaged, may be restored to original condition, provided that such restoration does not pose a significant safety hazard, as determined by the director. If the restoration is necessary due to damage, the applicant shall commence upon the restoration, as that phrase is defined in section 17.86.070 (Enforcement) of this title, within one (1) year from the date the restoration is approved ORDINANCE.No. 320 Page 266 of 312 by the director. D. The director shall be notified in writing prior to the restoration or replacement of any nonconforming structure. With the exception of nonconforming walls, fences, and the minor structures and mechanical equipment listed in section 17.48.030(E)(3) (Lots, Setbacks, Open Space and Building Height) of this title, the replacement and/or restoration of nonconforming structures shall be approved by the director through a site plan review application, provided the proposed replacement and/or restoration conforms to the provisions of this chapter. E. Where a structural alteration is proposed to be made to any legal nonconforming building or structure, including accessory structures and garages, no building permit for a new structure or an addition to an existing structure which adds fifty percent (50%) or more to the existing floor area shall be issued, unless plans to bring any nonconforming building or structure into compliance with the standards of this title, or as near to compliance as is practically feasible, are approved by the director. No certificate of occupancy or final building permit shall be issued until such improvements are completed per the approved plans. This requirement shall not apply to nonconforming buildings or structures which are deemed legal nonconforming because they do not meet the setback standards of this title. ORDINANCE NO. 320 Page 267 of 312 Cha tomer„ 17._86 ENFQR EMENT s5ections: 17.86.010 Purpose. 17.86.020 Evidence or procedure. 17.86.030 Prohibited uses. 17.86.040 Enforcement. 17.86.050 Disqualification for violation. 17.86.060 Suspension or revocation of permits. 17.86.070 Expiration of permit upon non-use. 17.86.080 Penalty fees. 17.86.090 Penalty for violation. 17.86.100 Statute of limitations. 17.86.01,0 E!Urpos!e. This chapter assures compliance with the provisions of title 16 and title 17 of this code. 17,86,020 ,Emidence or i2rogedure. Formal rules of evidence or procedure which are followed in court shall not be applied to hearings before the city council or planning commission. No action, inaction or recommendation regarding any planning or zoning matter by either the city council or planning commission or any staff member shall be held void or invalid or be set aside by any court on the ground of the improper consideration or rejection of evidence or by reason of any error or otherwise in any of the administrative or legislative procedures, so long as such error was not prejudicial and the omission of such error would not have afforded a different decision by the city council, planning commission or staff. 17.86.030 P rgh ibited uses. Within each district, any use not specifically listed as permitted shall be prohibited unless the planning commission finds such use to be similar to and no more intensive than permitted uses in that district. 17.86.040 Enfo,rca_ . It shall be the duty of the director or an authorized agent of the director to enforce the provisions of this title. This duty shall include taking such legal action as may be necessary to assure compliance. 1L.8.6,050, flip2 ualification for violation. A. The city shall not accept an application for review, or if an application has already been submitted, shall not grant an application, to allow any improvement or development on a lot or parcel on which the director has verified that a violation of this municipal code exists. An application may be accepted or granted by the city if the ORDINANCE NO. 320 Page 268 of 312 subject lot or parcel is brought into compliance with this municipal code, either by removing the violation or by submitting an application to legalize the violation, or a permit or approval is granted pursuant to section 17.86.050(B) of this chapter. B. Notwithstanding an existing violation of this code, the planning commission may authorize a permit or approval under this code if it finds: 1. The permit or approval must be granted by virtue of applicable law or in order to permit the applicant a reasonable economic use of the property, in which case the permit or approval shall be conditioned upon elimination of the existing code violations; or 2. The use or activity for which the permit or approval is sought will substantially contribute to the reduction or elimination of the existing code violations and immediate, total elimination of those violations is infeasible, or would constitute an unreasonable burden upon the applicant. C. A permit or approval granted pursuant to section 17.86.050(B) of this chapter may be appealed by any interested person pursuant to chapter 17.80 (Hearing Notice and Appeal Procedure) of this title. 17.5Q,060 !9,,uspension or.rev_gc tion ofpermits. The officer or body tacking final action granting any permit pursuant to the provision of this title may, after following the same procedures utilized for approving such a permit, revoke or suspend the permit if: A. The permit was issued erroneously; or B. The permit was issued on the basis of incorrect or fraudulent information supplied by the applicant; or C. The permit was issued contrary to the provisions of the municipal code; or D. The permit is being, or recently has been, exercised contrary to the terms or conditions of such permit. No permit shall be revoked prior to providing a ten (10) calendar day written notice to the holder of the permit and an opportunity to be heard before the officer or body considering revocation or suspension of the permit. Any decision to revoke or not to revoke a permit, other than a decision by the city council, may be appealed by any interested party pursuant to chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. A ,I Z.B6.OZO Ex ii tiQnof_permit u_pgn non--use. A. Any permit or approval granted under this title 17, shall become null ORDINANCE NO. 320 Page 269 of 312 and void unless the applicant commences upon the permitted.use within the time permitted by section 17.86.070(B) of this chapter, unless another provision of this title or a provision of the approval or permit itself, provides a different period for the permit or approval in issue. For purposes of this section, an applicant has commenced upon a use if. 1. The applicant has submitted an application for a building permit, if such a permit is required for the permitted use; or 2. The applicant has begun development and no building permit is required for the permitted use; or 3. The applicant has occupied a property and commenced the permitted use, if no development is required for the permitted use; or 4. The applicant has complied with all conditions applicable to the permit or approval, if subparagraphs (1), (2), and (3) of this section 17.86.070(A) do not apply to the permit or approval at issue. B. Any development permit application initially approved by the director or his or her designee pursuant to title 17 of this code, or any permit or approval granted by the planning commission or city council on appeal, shall be valid for one hundred eighty (180) calendar days from the date of final action on the permit or approval. All such permits and approvals shall be null and void after that time, unless the applicant has commenced upon the use, as the phrase is defined in section 17.86.070(A) of this chapter. In addition, such permits and approvals shall be null and void if after submitting an application for a building permit, as described in section 17.86.070(A)(1) of this chapter, said permit is allowed to expire or is withdrawn by the applicant. Upon a showing of substantial hardship, delays beyond the control of the applicant, or other good cause, the final approving body of the original permit or approval may extend this period one time for up to an additional one hundred eighty ('180) calendar days. C. With the exception of permits or approvals approved in conjunction with a parcel map or tract map, any development permit application initially approved by the planning commission or city council pursuant to title 17 of this code, including approvals granted by the city council on appeal, shall be valid for one (1) year from the date of final action on the permit or approval. All such permits shall be null and void after that time unless the applicant has commenced upon the use, as that phrase is defined in section 17.86.0700►) of this chapter. Upon a showing of substantial hardship, delays beyond the control'of the applicant, or other good cause, the planning commission or city council may extend this period one (1) time for up to (1) one additional year. The expiration of permits approved in conjunction with a parcel map or tract map pursuant to ORDINANCE NO. 320 Page 270 of 312 title 16 of this code shall be coincidental with the expiration of the parcel map or tract map. D. Any development permit application deemed null and void by this section may be re-issued by the director provided the following occurs. 1. No changes have been made or will be made to the originally approved plans; 2. The development permit application has not been null and void for more than one (1) year, and 3. A fee of one half the original application fee is paid by the applicant. _17.86.080 Penalty fees. The fees and charges made pursuant to title 16 and title 17 of this code and other policies of the city shall be doubled, when work requiring a permit has been started or carried on prior to obtaining said permit or if said permit is allowed to expire or is withdrawn by the applicant. A nonrefundable penalty fee, as established pursuant to city council resolution, shall be charged for applications for which the fees are based on deposits against charges. 17,.,86.09.0 Penalty for violation. Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates or causes the violation of any of the provisions of this title or title 16 shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand (1,000) dollars, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment. Each person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title or title 16 is committed or continued by such a person, firm or corporation. 17.86.100;,„Statute of,limitations. A. Any court action or proceeding to attack, review, set aside, void or annul any decision regarding the general pian or any matter mentioned in this title (other than a matter governed by Government Code Section 65907) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within thirty (30) days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreason ablenesspf_such decision or of such proceedings, acts or determinations. B. Any court action brought pursuant to Code of Civil Procedure Section 1094.5 to attack, review, set aside, void or annul any decision denying an ORDINANCE NO. 320 Page 271 of 312 application for a permit or revoking a previously granted permit, shall not be maintained by any person unless such action is commenced within ninety (90) days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure Section 1094.6. ORDINANCE NO. 320 Page 272 of 312 Cbaat:_17-8a ZONING SAP Sedona: 17.88.010 Purpose. 17.88.020 Zoning map. 17.88.030 District boundaries. 17,88.01 Q Purpose. This chapter establishes an official zoning map and procedures for its administration. 17.88.020. Zoni ,a ,�. A. The zoning districts created by this title and the boundaries of such districts are shown upon a map which is hereby incorporated and made a part of this title by reference, being designated as the official zoning map of the city, and said map and all the notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by said map were all duly described in this title. B. The official zoning map shall be identified by the signature of the city clerk and bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map of the City of Rancho Palos Verdes, California,"together with the date of the adoption of the ordinance codified in this title. C. The original zoning map shall be kept on file with the director and shall constitute the original record. A copy of said map shall also be filed with the city clerk. D. If, in accordance with the provisions of this Chapter and the laws of the state, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after an ordinance making the amendment has been adopted by the city council, with an entry on the official zoning map as follows: "On (date) by Ordinance No. _____of the city council the following (change/changes) (was/were) made on the Official Zoning Map: (brief description of nature of change)," and shall be signed by the city clerk. E. Anew amended official zoning map shall be prepared by the director at the end of each fiscal year upon which is shown all changes and amendments enacted during the previous period of time. Said zoning map shall thereafter be filed with the city clerk, building official, and director. ORDINANCE NO. 320 Page 273 of 312 F. No change of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of any kind, by any person or persons shall be considered a violation of this chapter and punishable as provided by law. .17.88.030 District boundaries. A. Where indicated district boundaries are approximately street, alley or lot lines, said lines are determined to be the boundaries of the district. Otherwise, the boundaries shall be determined by the dimensions shown on the official zoning map. In the absence of a dimension, the boundary shall be determined by use of the scale shown on said map. B. A street, alley, railroad or railway right-of-way, watercourse, drainage channel or body of water included on the zoning map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof; and where such street, alley, right-of-way, watercourse, drainage channel or body of water serves as boundary between two or more different zoning districts, the centerline of such right-of-way, watercourse, channel or body of water shall be considered the boundary between zoning districts. C. In the event that a vacated street, alley, right-of-way, or easement was the boundary between two districts, the new zoning district boundaries shall be at the new property line or at a line established at, or within, fifty (50) feet of the centerline of the street or alley that has been vacated. D. Where uncertainties exist, the location of the district boundary may be determined pursuant to the interpretation procedures described in chapter 17.90 (Interpretation Procedure) of this title. ORDINANCE NO. 320 Page 274 of 312 Chanter 17.90 IINIEIJPRETATI._ N PRUCEQ.!_RE 17.90.010 Purpose and scope. 17.90.020 Initiation. 17.90.030 Basis of interpretation. 17.90.040 Preparation, notice and transmittal. 17.90.050 Planning commission hearing and.action. 17.90.060 Book of interpretations. 1 2.90.010 Purp e and r2cop-e. In case of uncertainty or ambiguity as to the meaning or intent of any provision of title 16 or title 17 of this code, or to further define or enumerate the uses permitted in the various zones, and upon proper initiation as provided in section 17.90.020 of this chapter, the following procedure shall be followed if a code amendment is not initiated. Adjustment of a zoning or special district boundary, except for a coastal specific plan setback zone boundary, of up to thirty (30) feet from the scaled location on the zoning map also may be accomplished under this procedure if a code amendment is not initiated, and if such adjustment is necessary to resolve uncertainty as to the precise location of such zoning or special district boundary. Coastal specific plan setback zone boundary lines may only be adjusted up to five (5) feet under the interpretation procedure described in this chapter. Except in the case of a zoning or special district boundary adjustment, interpretations shall be generally applicable to all future situations of the same type and shall not be limited or directed to specific parcels or circumstances thereon. 17.90.020. I ifiglion.. The preparation of an interpretation may be initiated by the city council, planning commission, view restoration commission or director, or upon the written request and payment of fee, as established pursuant to city council resolution, by any person. 1.Z.9�030 Basis of interpretation. A. An interpretation shall be based on an examination of the intent of this Code, considering all the relevant provisions thereof, and shall be consistent with such intent. Consideration shall be given to the relationship among the regulations of the various zoning classifications and the uses and development standards therein. B. In the case of an interpretation involving further definition or enumeration of uses permitted in a particular zone, consideration shall be given to the ORDINANCE NO. 320 Page 275 of 312 similarities and differences between the characteristics of each use subject to interpretation and the characteristics of those uses expressly permitted in the zone. C. In the case of an interpretation involving the location of an open space hazard zoning district or coastal specific plan setback zone boundary line, consideration shall be based on geotechnical and/or soils reports. j1.90-.04Q ngtice and transmittal. A. Within thirty (30) days after the initiation of an interpretation, the director shall prepare a written interpretation and transmit it to the planning commission and the city council and shall give public notice that such interpretation has been prepared. Such notice shall be published and given to the property owner, any interested parties, and any affected homeowner associations, as required for a code amendment, pursuant to chapter 17.68 (Zone Changes and Code Amendments) of this title. B. Within fifteen (15) calendar days after the date of the notice, the planning commission, city council or any interested person may make a written request to the director for a hearing. If no such request for a hearing is received, the interpretation shall become effective and final fifteen (15) calendar days after the date of the notice. 17.90.05Q Planning gom,mission he_ arias a�#ion. A. If a request for an interpretation hearing is received, a hearing shall be held by the planning commission within thirty (30) calendar days of the date of such request. B. After the hearing, the planning commission may, by resolution, adopt the proposed interpretation, adopt a modified or different interpretation, or refer the matter to the director for further study. f=ailure of the planning commission to act within sixty (60) calendar days after the close of the hearing shall be deemed an approval of the director's interpretation. C. If the planning commission refers the matter to the director for further study, the director shall prepare and submit another interpretation in accordance with the provisions of section 17.90.040 of this chapter. D. Unless the planning commission refers the interpretation to the director for further study, the director shall give written notice of the decision of the planning commission to the applicant, any interested person, and any affected homeowner association pursuant to section 17.80.040(D) (Hearing Notice and Appeal Procedures) of this title. The decision of the planning commission shall become effective and final fifteen (15) calendar days after the date of notice of its action, unless an appeal to the city council is filed in accordance with section 17.80.070 (Hearing Notice and Appeal Procedures) of this title. 17.90.060 Book of latergretation When an interpretation is given final approval by the director, planning commission, or city council, the director shall enter the ORDINANCE NO. 320 Page 276 of 312 interpretation in a book of interpretations which shall be preserved and made accessible to any interested person. ORDINANCE NO. 320 Page 277 of 312 Qhapter 17.92 BEVERABILID� Sectiona, 17.92.010 Severability. 17.92.010_Seyerabi,lity. If any section, sentence, clause or phrase of this title or title 16 is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title. The city council declares that it would have adopted this title and Title 16 and each section, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. ORDINANCE No. 320 Page 278 of 312 Qhapter 17.96 DEFINITIONS Sed 17.96.010 Purpose and applicability. 17.96.020 Access. 17.96.030 Advisory agency. 17.96.040 Alley. 17.96.050 Amusement park. 17.96.060 Amusement ride. 17.96.070 Animal clinic. 17.96.080 Animals, large domestic. 17.96.090 Antenna, commercial. 17.96.100 Antenna, ham radio. 17.96.110 Antenna, satellite dish. 17.96.120 Antenna support structure. 17.96.130 Antenna, television. 17.96.140 Apartment. 17.96.150 Apartments, community. 17.96.160 Arcade, video game. 17.96.170 Area, buildable. 17.96.180 Area, gross floor. 17.96.190 Area, gross lot. 17.96.200 Area, net lot. 17.96.210 Automobile service and repair. 17.96.220 Automobile service station. 17.96.230 Basement. 17.96.240 Bed and Breakfast Inn. 17.96.250 Bedroom. 17.96.260 Bee hive. 17.96.270 Building. 17.96.280 Building frontage. 17.96.290 Building height. 17.96.300 Building, maintenance. 17.96.310 Building, official 17.96.320 Building pad. 17.96.330 Caisson foundation. 17.96.340 Canopy. 17.96.350 Carport. 17.96.360 Cellar. ORDINANCE NO. 320 Page 279 of 312 17.96.370 City. 17.96.380 City Council. 17.96.390 City Engineer. 17.96.400 Cleared areas. 17.96.410 Coastal appealable development. 17.96.420 Coastal excluded development. 17.96.430 Coastal non-appealable development. 17.96.440 Coastal risk of adverse environmental effect. 17.96.450 Commercial vehicle. 17.96.460 Condominium. 17.96.470 Convenience store. 17.96.480 Conversion. 17.96.490 Cut. 17.96.500 Day care, large family. 17.96.510 Day care, small family. 17.96.520 Day nursery or day care center. 17.96.530 Dedicated land. 17.96.540 Density. 17.96.550 Density bonus. 17.96.560 Development. 17.96.570 Development, cluster. 17.96.580 Development site. 17.96.590 Director. 17.96.600 Driveway. 17.96.610 Dwelling unit. 17.96.620 Educational institution. 17.96.630 Emergency work. 17.96.640 Employee, home occupation. 17.96.650 Excavation. 17.96.660 Export. 17.96.670 Extreme slope. 17.96.680 Family. 17.96.690 Feasible. 17.96.700 Fence. 17.96.710 Fence, temporary construction. 17.96.720 Fill. 17.96.730 Flags and pennants. 17.96.740 Foliage. 17.96.750 Frontage. 17.96.760 Garage, private or public. 17.96.770 General plan. 17.96.780 Geologist, engineering. 17.96.790 Grade, finished. 17.96.800 Grade, natural. ORDINANCE NO. 320 Page 280 of 312 17.96.810 Grade,"preconstruction. 17.96.820 Grading. 17.96.830 Grading, balanced. 17.96.840 Grading contractor. 17.96.850 Grading plan. 17.96.860 Grading, remedial. 17.96.870 Grading, supervised. 17.96.880 Guest house. 17.96.890 Hearings officer. 17.96.900 Hedge. 17.96.910 Helistop. 17.96.920 Holiday, legal. 17.96.930 Hotel. 17.96.940 Household. 17.96.950 Income, household. 17.96.960 Income, low. 17.96.970 Income, moderate. 17.96.980 Income, very low. 17.96.990 Interested person. 17.96.1000 Kitchen. 17.96.1010 Land coverage. 17.96.1020 Landscaping. 17.96.1030 Loading space. 17.96.1040 Lot. 17.96.1050 Lot area or size. 17.96.1060 Lot, corner. 17.96.1070 Lot coverage. 17.96.1080 Lot depth. 17.96.1090 Lot, downslope. 17.96.1100 Lot, flag. 17.96.1110 Lot, interior. 17.96.1120 Lot, pad. 17.96.1130 Lot, through. 17.96.1140 Lot, upslope. 17.96.1150 Lot width. 17.96.1160 Main building. 17.96.1170 Map, final. 17.96.1180 Map, parcel. 17.96.1190 Map, tentative. 17.96.1200 Market rate. 17.96.1210 ,Mechanical equipment. 17.96.1220 'Microwave. 17.96.1230 Mobile home. 17.96.1240 Mobile home park. ORDINANCE NO. 320 Page 281 of 312 17.96.1250 Motel. 17.96.1260 Neighborhood character. 17.96.1270 Neighborhood compatibility. 17.96.1280 Nonconforming. 17.96.1290 Nursery school. 17.96.1300 Off-sale. 17.96.1310 Off-site improvements. 17.96.1320 Open space. 17.96.1330 Owner. 17.96.1340 Parcel. 17.96.1350 Parcel, existing. 17.96.1360 Parcel of record. 17.96.1370 Parcels, abutting. 17.96.1380 Parcels, adjacent. 17.96.1390 Parcels, contiguous. 17.96.1400 Parking area, private or public. 17.96.1410 Parking space. 17.96.1420 Person. 17.96.1430 Pervious surface. 17.96.1440 Placed or displayed. 17.96.1450 Planning Commission. 17.96.1460 Pool, swimming or ornamental. 17.96.1470 Privacy. 17.96.1480 Promontory. 17.96.1490 Public right-of-way. 17.96.1500 Public works projects. 17.96.1510 Recreation, active. 17.96.1520 Recreation, passive. 17.96.1530 Recycling center. 17.96.1540 Recycling dropoff or collection facility. 17.96.1550 Recycling program, community service. 17.96.1560 Recycling single-feed reverse vending machine. 17.96.1570 Recycling unit, mobile. 17.96.1580 Relay tower. 17.96.1590 Residence. 17.96.1600 Retail store. 17.96.1610 Ridge. 17.96.1620 Ridgeline, structure. 17.96.1630 Room. 17.96.1640 Row house. 17.96.1650 ,,Scale. 17.96.1660 'Senior resident, qualifying. 17.96.1670 Service station. 17.96.1680 Setback. ORDINANCE NO. 320 Page 282 of 312 17.96.1690 Shopping center. 17.96.1700 Shopping district. 17.96.1710 Sign. 17.96.1720 Sign, announcement. 17.96.1730 Sign area. 17.96.1740 Sign, billboard and outdoor advertising. 17.96.1750 Sign, contractor. 17.96.1760 Sign, directional. 17.96.1770 Sign, flashing. 17.96.1780 Sign, freestanding. 17.96.1790 Sign height. 17.96.1800 Sign, illuminated. 17.96.1810 Sign, moving or rotating. 17.96.1820 Sign, off-premises. 17.96.1830 Sign, on-premises. 17.96.1840 Sign, permanent identification. 17.96.1850 Sign, product advertising. 17.96.1860 Sign structure. 17.96.1870 Sign, temporary. 17.96.1880 Sign, temporary banner. 17.96.1890 Sign, temporary promotional. 17.96.1900 Sign, under-canopy. 17.96.1910 Sign, window. 17.96.1920 Site. 17.96.1930 Site plan. 17.96.1940 Slope drain. 17.96.1950 Slope, man-made. 17.96.1960 Soils engineer. 17.96.1970 Stock cooperative. 17.96.1980 Stockpile. 17.96.1990 Story. 17.96.2000 Street. 17.96.2010 Street side. 17.96.2020 Street, private. 17.96.2030 Structural alteration. 17.96.2040 Structure. 17.96.2050 Structure, accessory. 17.96.2060 Structure, advertising. 17.96.2070 Style. 17.96.2080 Subdivision. 17.96.2090 ;Subdivision design. 17.96.2100 Temporary. 17.96.2110 Trailer. 17.96.2120 Unit, affordable. ORDINANCE NO. 320 Page 283 of 312 17.96.2130 Unit, dwelling. 17.96.2140 Unit, low income. 17.96.2150 Unit, primary dwelling. 17.96.2160 Unit, second. 17.96.2170 Unit, very low income. 17.96.2180 Use. 17.96.2190 Use, Ancillary. 17.96.2200 Use development or alteration. 17.96.2210 Use, primary. 17-96.2220 Vegetation. 17.96.2230 Veterinary clinic. 17.96.2240 Video Game. 17.96.2250 View. 17.96.2260 Viewing area. 17.96.2270 View restoration commission. 17.96.2280 Visitor-serving use. 17.96.2290 Wall. 17.96.2300 Wall, common. 17.96.2310 Wall, downslope retaining. 17.96.2320 Wail, garden. 17.96.2330 Wall, retaining. 17.96.2340 Wall, side yard retaining. 17.96.2350 Wall, upslope retaining. 17.96.2360 Window, bay. 17.96.2370 Window, garden. 17.96.2380 Windscreen. 17.96.2390 Yard. 17.96.2400 Yard, front. 17.96.2410 Yard, rear. 17.96.2420 Yard, side. 17.96.2430 Zoning district, base. 17.96,010applicability. This chapter provides precise meaning or significance to a word, phrase or expression. This chapter applies to title 15, title 16 and title 17 of the Rancho Palos Verdes municipal code. 17.96.020 Acceia. "Access" means the place or way by which pedestrians and vehicles have safe, adequate, and suitable ingress and egress to a property or use as req u i red by this title. 17.96,030 A,dyisg[y aaaency. "Advisory agency" means both the planning -r-nr commission and the director having, authority to approve, conditionally approve, or disapprove tentative and parcel maps, and tentative tract maps, as delegated by this title. ORDINANCE NO. 320 Page 284 of 312 17.96.04.0 "Alley" means a public or private''way, at the rear or side of property, permanently reserved as a means of secondary access to abutting property. 17.9Q3 50 8musement iaark. "Amusement park" means a commercial entertainment land use consisting of one or more amusement rides, with or without other commercial entertainment land uses, primarily in an outdoor setting. 17.96.060 Amusement ride. "Amusement ride" means a mechanical device which is not coin-operated, which provides or promotes motion, and which is not a primary means of transportation within a site, or from one site to another. "Amusement ride" includes, but is not limited to, carousals, ferris wheels, roller coasters, water slides and similar devices. 17.96.Q7Q Animal clinic. "Animal clinic" means the same as "veterinary clinic." 17. $Q 8nimals,-larae-domestic. "Large domestic animals" means the following (any female with her offspring of under one (1) year of age, shall be considered as one animal until weaned): A. Horses, which term includes all equines; B. Goats, which term includes all caprines, except uncastrated reales, which are specifically prohibited after weaned; and C. Sheep, which term includes all ovines. .17:95, 90, Antenna, commercial. "Commercial antenna" means all antennas, parabolic dishes, relay towers, and antenna support structures used for the transmission or reception of radio, television and communication signals for commercial purposes. "Commercial antennas" shall not include antennas owned or operated by governmental agencies; and macrocell cellular antennas, owned and operated by state licensed cellular telephone utility companies, located on existing utility poles within the public right-of-way. 17.96.100 Antenna ham radio. "Ham radio antenna" means an antenna and antenna support structure used for non-commercial "ham radio" operations by the occupant of the property where the antenna and/or antenna support structure is located. 17.96.110 Antenna, satellite dish. "Satellite dish antenna" means a parabolic reflector or similar antenna with a parabolic surface, regardless of mounting method, designed solely to receive satellite-delivered signals. 17.96.120 A, a[].a5ug grt,structure. "Antenna support structure" means a pole, tower or other structure used to support one or more antennas. An antenna ORDINANCE No. 320 Page 285 of 312 support structure may be a guyed or an unguyed independent structure, or a structure mounted to an accessory or main building. 17.96.1 In Antenna. television. "Television antenna" means an antenna designed solely to receive television signals by the occupant of the property where the antenna is located. 17-96, 40 Agartment. "Apartment" means a room or suite of two or more rooms in a multiple unit dwelling, occupied or suitable for occupancy, as a residence for one family. 17.96`1,50 Apartments. community. "Community apartments" mean a residential complex in which an undivided interest in the land either in fee simple or a term of years, is coupled with the right of exclusive occupancy in an apartment located therein. 17.96.160 Arcade, video aame. "Video game arcade" means any premises which maintains four or more games of skill or amusement whereby machines, contests, devices, games, tables, boards or amusements, the operation of which is permitted, controlled, obtained, conducted, allowed, authorized or made possible by the depositing of any coin, plate, disc, slug, or key into any slot, crevice or other opening or receptacle, or by the payment of any fee or fees, and where said machine, contest, device, game, table, board or amusement tests, or provides a means for testing, the skill of the operator thereof with reference to its operation or the result thereof. 17.963170 Area,..buildable. "Buildable area" means that portion of a lot that is suitable for the development of structures excluding all required setback areas, easements, areas of extreme slope (35% or more), and all other areas where structures are otherwise prohibited. 17.96.1 BO Area, aross..floor. "Gross floor area" means the sum of the gross area of each floor of a building. 1.7.96,190 Brea,,grgss lot. "Gross lot area" means the total area of a parcel or lot, including any proposed public highways, streets, or alleys, other public sites; and existing private streets, alleys or easements, and other areas where development is restricted. 1? 96,200 Area, net lot. "Net lot area" means the area of a parcel or lot, excluding any proposed public highways, streets or alleys, or other public sites; and any private streets, alleys, easements, and other areas where development is restricted. 17.96.211 Q Automobile service and r�o�a�r. "Automobile service and repair" ORDINANCE NO. 320 Page 286 of 312 means the repairing, the"replacing of, or the adding of parts to'motor vehicles. 17.96,22Q Automobile service station. "Automobile service station" means an area which provides for the servicing of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing (not including mechanical car wash), and grease racks, but excluding body and fender work, painting, repair and rebuilding of electrochemical batteries, or other work of a similar nature. 17.9630 Basement. "Basement" means a space partly underground with windows to the outside, with no doors or other access, except for crawl doors, which open to the outside adjacent grade, and having more than one-half of its height, measured from its floor to its ceiling, below the average adjoining finished grade; if the finished floor level, directly above a basement, is more than six (6) feet above the finished grade at any point, such basements shall be considered a story. A "basement" shall not mean a "cellar". • IZ-96.240 Bed and Breakfast Innii. Bed and Breakfast Innit means any building or portion thereof containing one or more guest rooms, which is designed, intended, or used primarily for the accommodation of transient travelers for overnight stays, which do not occupy the premises for more than twenty one (21) days out of any twelve (12) month period, and which meals are provided to the transient travelers as part of the overnight stay. 17.96.250 . "Bedroom" means any room which contains a closet or which could be used for sleeping purposes. 12.96-2 0 Bee hive. "Bee hive" means an enclosure used for the keeping of one active bee hive containing one queen bee. 17.96.22,0 BuiLdina. "Building" means any fixed structure consisting of walls and a roof built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. "Building" shall not mean a "mobile home" or"trailer." .17.96.280 Buildina kgntaae. "Building frontage" means those building elevations which face upon a public street or parking area between the building and the street. 17.96,290 Buildina heiaht. "Building height" means the maximum vertical dimension of a structure determined under the standards of section 17.02.040 of this title, unless a different definition is provided by this code for application in a particular context. 17.96.304 BUildina, Mainte[Iance. "Maintenance building" means a non- ORDINANCE No. 320 Page 287 of 312 habitable structure used exclusively to store equipment or materials, or to perform work, associated with the maintenance of the property on which the building is located. 17..96.s3.10 Buildina official. "Building official" means the officer or other designated authority charged with the administration and enforcement of the uniform building code, or the building official's duly authorized representative. 17,90,3,20 Ejuildina pa_d. "Building pad" means any portion of a lot with a slope of five percent (5%) or less that exists naturally or has been graded to form a contiguous level area to accommodate a main building. 11-20-330 Caisson founda#ign. "Caisson foundation" means a foundation system for a building or structure in which holes are excavated into the earth then filled with reinforced concrete for the purpose of achieving a stable attachment between the building and the earth. A"caisson foundation" shall include pier and piling foundations. 17.96.340 Canopy. "Canopy" means a structural, ornamental, roof-like appendage, freestanding or attached to a building, which extends over public or private walkways, driveways, etc. .1,7.96.350 Qa1mr-t- "Carport" means a permanent roofed structure with not more than three (3) enclosed sides used or intended to be used for automobile shelter and storage. 17.9„5„=300 Cellar. "Cellar" means that portion of a building which between floor and ceiling, is wholly below the finished grade with no windows or access to the outside. A"cellar" shall not mean a "basement". 17,95..370 . See chapter 17.02 for definition. 171$6.380 City Council. See chapter 17.02 for definition. 1.7,96.390 City Engineer. "City Engineer" means a person who is duly registered as a professional engineer with the state of California and who is designated by the city's director of public works to review and approve development plans, tentative tract and parcel maps, street improvement plans, and any other application or plan so designated for his/her review by this title. 17.96.400 Cleamd.areas. "Cleared areas" means land areas where vegetation has been removed to the extent that the surface of the soil is disturbed. 17s�5=4�.0 Coastal amealable development. "Coastal appealable development" means an action taken by the city on a coastal permit application for any of the following that may be appealed to the coastal commission: ORDINANCE NO. 320 Page 288 of 312 A. Developments approved by the city betweenbe sea and the first public road paralleling the sea, or within three hundred (300) feet of the inland extent of any beach or of the mean high-tide line of the sea where there is no beach within the coastal specific plan district, whichever is the greatest distance. The grounds for appeal are limited to the following: 1. The.development fails to provide adequate physical access for public or private commercial use or interferes with such uses, 2. The development fails to protect public views from any public road or from a recreational area to, and along, the coast, 3. The development is not compatible with the established physical scale of the area, 4. The development may significantly alter existing natural landforms, 5. The development does not comply with shoreline erosion and geologic setback requirements; B. Developments approved by the city located on tidelands, submerged lands, public trust lands, within one hundred (100) feet of any wetland, estuary, stream or within three hundred (300) feet of the top of the seaward face of any coastal bluff; C. Any development which constitutes a major public works project or a major energy facility, with an estimated cost of more than fifty thousand dollars ($50,000). 17.96.420 Coastal excluded devel pment. "Coastal excluded development" means: A. Improvements, including replacement of any structure destroyed by a natural disaster(other than a major public works facility), repairs, or maintenance of existing structures in the coastal specific plan district unless any of the following could result: 1. A risk of adverse environmental effect, 2. An adverse effect to public access, 3. A change in use contrary to the coastal specific plan; B. Any category of development determined by the coastal commission to ORDINANCE NO. 320 Page 289 of 312 have no potential for any significant local impact on coastal resources or public access; C. The installation, testing, and placement in service or the replacement of any necessary utility connection between approved development and an existing service facility that conforms to city ordinances; D. Public works projects which include the erection of public signs, the painting or removing paint from curbs, the maintenance and repair of public streets, the installation and maintenance of landscaping, the maintenance of city utilities, repair and improvement to structures maintained, used or owned by the city,. and the repair, replacement, maintenance or development of public facilities under emergency circumstances. 17,96.430 Qgastal-.[]gn-appealable-devploi2mpat. "Coastal non-appealable development" means any proposed development within the coastal specific plan district that is not appealable and is not excluded. 17.96.440 Coastal-risk of.adverse gnviron _ental effect. „Coastal risk of adverse environmental impact" includes, but is not limited to the following: A. Any significant alteration of landforms, including removal or placement of vegetation on a beach or within fifty (50) feet of the edge of a coastal bluff,--or in areas of natural vegetation designated as significant natural habitat; B. The expansion or construction of water wells or septic systems; C. Any addition to a single-family residence where any coastal permit issued for the original structure indicated that any future additions would require a coastal permit. 17.96.450 Commercial,-vehicle. "Commercial vehicle" means a vehicle of a type required to be registered under the california vehicle code as a commercial vehicle; or which is used and maintained for the transportation of persons for hire, compensation, or profit; or which is designed, used, or maintained primarily for the transportation of commercial goods or property. I Z.90,46Q Qond "Condominium" means 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 called a unit, in a complex devoted to residential purposes located on such real property. 17,96.470 Qonvi ' encs, tore. "Convenience store" means a retail grocery, generally open to the public before eight (8) a.m. or after nine (9) p.m. that is intended to conveniently provide a wide variety of products and services such as packaged food ORDINANCE NO. 320 Page 290 of 312 items, sundry household products, heated, cooked, or otherwise prepared snacks, self- serve beverage and dairy product vending machines, soup or salad bars, alcoholic beverages, and/or various personal and entertainment services such as ATMs, and videotape rentals, and not characterized by the predominant sale of a single type of product such as alcoholic beverages or fast food. The director shall determine whether a single type of product or service is predominant. A convenience store may be considered either a primary use on a lot or an ancillary use on a lot. 17...96,480 eve r i n. "Conversion" means the alteration of the use of a dwelling unit to a non-residential use and/or alteration of the use of a residential rental unit to condominium, stock cooperative, or similar form of use. 1 2..96..490 "Cut" means an excavation of the earth. 17,95=500 Day care lard family. "Large family day care" means the care at a single-family residence of nine (9) to fourteen (14) children inclusive, including children under the age of ten (10) years who reside at the home, as defined by the California department of social services regulations. U-20,51D [day ca[e, small family. "Small family day care" means the care at a single-family residence of eight (8) or fewer children, including children who reside at the home, as defined by the california department of social services regulations. 1.7-96.520 Day nurs_e_[y oi,_day_cle center. "Day nursery or day care center" means any group of buildings, building, or portion thereof used primarily for the daytime care of children. 17.96.530 Dedicated land. "Dedicated land" means land deeded to the city and legally accepted as such for public use. 17.96.54.0 Del3sity. "Density" means the number of dwelling units that may be constructed per acre or per square foot of lot area. 17.96.550 Density 6o us. "Density bonus" means a density increase of at least twenty-five percent (25%) over the maximum residential density which would otherwise be allowed under the applicable zoning and general plan designations. 17:95.55Q D,eyglgpment. "Development" means, on land in or under water, the placement or erecting of any solid material or structure; the discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; the grading, removing, dredging, mining, or extraction of any materials; the change in the density or intensity of use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought ORDINANCE NO. 320 Page 291 of 312 about in connection with the purchase of such land by a public"agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility, and the removal or harvesting of major vegetation other than for agricultural purposes. As used in this definition, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power transmission and distribution line. 1. 96.570 Development, cluster. "Cluster development" means the planning and development of land so that dwelling units are grouped or clustered together, leaving the remaining land undivided for common ownership or dedication to the City or other entity. 17.9 .589 Development site. "Development site" means the total area where a project exists or is proposed. A development site may encompass more than one lot. 17.96.590 Director. See chapter 17.02 for definition. 17.96s.6.Q0 Driveway. "Driveway" means a paved access to an off-street parking facility on a lot or parcel and any paved circular or semi-circular return to a public or private street servicing the property. Any pervious or semi-pervious surface which is part of or within the paved access area shall be considered "driveway." 17.96,6,10 Dwelling unit. See "Unit, dwelling". 17.96.620 ,Edu,galboal institution. "Educational institution" means a public or private preschool, elementary, or secondary school or institution, or a public or private institution of vocational, professional, or post secondary education. 17.96.630 Emergency work. "Emergency work" means work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service. 17.96 64Q Emolgyge, home occupation, "Home occupation employee" means an individual or contractor who is employed to work for a business that is being operated under an approved Home Occupation Permit and who does not live at the subject residence. 17.96. Excavation. "Excavation" means any act which earth, sand, gravel, rock, or other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom. ORDINANCE NO. 320 Page 292 of 312 17.96.660 Export. "Export" means excess earth material that is removed from a grading project and deposited off-site or the process of removing earth material and depositing it off-site. ,17.96.67fl Extreme sl "Extreme slope" means a manufactured or natural grade of thirty-five percent (35%) or greater. 17.96.6$Q Family.. "Family" means an individual or two or more persons, living together as a single housekeeping unit in a dwelling unit. 17,96,090 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technical factors. 17 9,6.ZO_Q Feng& "Fence" means any structural device forming a physical barrier which is so constructed that not less than eighty percent (80%) of the vertical surface is open to permit the transmission of light, air or vision through said surface in a horizontal plane. This includes wire mesh, steel mesh, chain link, louvered glass, transparent glass, stake, and other similar materials. For solid barriers, see "Wall". 17,95-Z1 0 Fenge. Jemggra[y . "Temporary construction fence" means a fence not exceeding six (6)feet in height, as measured from the adjacent existing grade, which is erected around a portion of a lot or parcel, or around the perimeter of a lot or parcel, to secure said lot or parcel during construction activity. 17.96.7, 0 B11. "Fill" means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pulled or transported by man, and shall include the conditions resulting therefrom. 17.96.730 Flaas andpennants., , "Flags and pennants" mean devices which are temporary in nature, generally made of flexible materials, usually cloth, paper, or plastic, and displayed on strings. They may or may not contain any copy and are primarily intended to draw attention. 17,96,740 Fgliag2. See chapter 17.02 for definition. 17.96.750 Frontaae. "Frontage" means that portion of a parcel of property which abuts a public or private street or highway. 17.96=76Q Garage, private or public. A. "Private garage" means a completely enclosed, detached accessory building, or portion of a main building on the same lot as a dwelling for the housing of ORDINANCE NO. 320 Page 293 of 312 vehicles of the occupants of the dwelling. B. "Public garage" means any garage other than a private garage. 17496,77Q Genera.„ Ilan. "General plan" means the adopted general plan of the city, including elements, amendments and additions. M96.78Q Geol4aist. eriaineer_ ina. "Engineering geologist" means a person who is trained in-the application of geological data and principals of engineering problems dealing with naturally occurring rock and soil, for the purposes of assuring that geologic factors are adequately considered in engineering practice. 1-7-496,790 Gra, e. finir2hed. "Finished grade" means the ground surface after alteration by artificial means. 17. 6 Grade., nates. "Natural grade" means the ground surface unaltered by artificial means. 17� 1 Gude, r�constr coon. "Preconstruction grade" means the ground surface as it exists prior to any proposed alteration. IL*96,820 Qradiaa. "Grading" means excavation or fill, or any combination thereof, and includes the conditions resulting from any excavation or fill. IL96.830 Grading, balanced. "Balanced grading" means cutting and filling of a site which does not require the export or import of earth material. 17.96.840 Grad ina..,ontracta. "Grading contractor" means a person licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work. 17.96.8 50, • r i "Grading plan" means a plot plan of a subject property, at a reasonable scale, identifying all property lines, easements, accurate contours (at a minimum of five foot intervals) of existing topographic conditions, and finished contours (at a minimum of five foot intervals) of all proposed grading. The plan shall also identify the location of all existing and proposed structures located within fifteen (15) feet of the proposed grading, whether or not the structure is located on the lot to be graded; typical and highest/greatest point cross-sections of any proposed retaining walls, cut slopes and fill slopes; and clearly labeled areas of proposed cut and fill. 1Z.96,86Q Gradi .g, rem dial. "Remedial grading" means excavation, fill, or any combination thereof, which involves the redistribution of earth materials for the purpose of reestablishing the stability and continuity of said area. ORDINANCE NO. 320 Page 294 of 312 17.96.870 Grading,_sugervised_. "Supervised grading" means grading done under the supervision of a soils engineer. 17.96.8$0 Guest hose.. "Guest house" means living quarters located within an accessory building, which does not have a kitchen, located on the same premises as the main building. A "guest house" is not a "second unit". 17,95,M90 Heminas officer. "Hearings officer" means the director or authorized staff member, who is to conduct certain public hearings. 17 Q.Q Hodge. "Hedge" means shrubbery or trees planted and maintained in such a manner as to create a physical barrier. 17.96. 10 Heliatop. "Helistop" means a minimally developed helicopter pad used exclusively for the boarding and discharging of passengers and cargo, on an as- needed basis with no regular service, and involving no appurtenant buildings. 17,96.220 Hglidav 1_ea9i. "Legal Holiday" means any one of the following federally observed holidays: New Years Day, Martin Luther King Day, Presidents's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. 17.96.939 . "Hotel" means any building or portion thereof containing six (6) or more guest rooms or suites of rooms or a combination of six (6) or more guest rooms or suites of rooms, and not more than two (2) dwelling units, but not including any institutions in which human beings are housed or detained under legal restraint. 17.96.940 Household. See "Family". 17.969.50 Inco e, household. "Household income" means the total income accruing to any and all members of a household from any and all sources. 177.95 9. ,Q Income, I w. "Low income" means income greater than fifty percent (50%), but not more than eighty percent (80%) of an area's median income, adjusted for household size. 17.96.970 corne, moderate. "Moderate income" means income greater than eighty percent (80%), but not more than one hundred twenty percent (120%) of an area's median income, adjusted for household size. 17 90=9$0 Income, very low. "Very low income" means income equal to fifty percent (50%) of an area's median income or less, adjusted for household size. ORDINANCE No. 320 Page 295 of 312 17.96,.$90 Interested aerson. "Interested person" means any person who testified personally or through a representative at any hearing in connection with the decision or action, who submitted a written letter of concern,in connection with a pending application, or who informed the director, in writing, of an interest in the subject of a hearing or application. 17.96.1000 Kitchgn. „Kitchen" means an area used for cooking or the preparation of foods. 17 96.1.Q10 Lan cmv_er,�ae. "Land coverage" means a man-made structure, improvement or covering that prevents seventy-five percent (75%) of the normal precipitation from directly reaching the surface of the land underlying the structure, improvements or covering. Such structures, improvements or coverings include roofs and surfaces paved with asphalt, stone or the like, such as roads, streets, basketball courts, and patios. 17.96.1020 Lands-oplr,, g. "Landscaping" means the planting and continued maintenance of ornamental plant material; the installation, use, and continued maintenance of a permanent irrigation system; and/or the continued maintenance of ornamental rock gardens or rockscape, not including natural soil or earth. 17.96.1 030 Loadina. gace. "Loading space" means an off-street space, berth on the same lot with a main building, or space contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress. 17.96,1040 . "Lot" means: A. A parcel of real property with a separate and distinct number, or other designation, shown on a plat recorded in the office of the county recorder; and/or B. A parcel of real property delineated on an approved record of survey, lot split, or subparceling map as filed in the officer of the county recorder or the director, and abutting at least one public street; and/or C. A parcel of real property containing not less area than required by the district in which it is located, abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of this title or Title 16. 17.96,I Q50 Lot area x size. "Lot area or size" means the total area of a lot, measured as a horizontal plane, within the lot lines of a lot. 1.7196.1 QOQ Lat, orner. "Corner lot" means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred twenty ORDINANCE NO. 320 Page 296 of 312 degrees (120°). If the angle is greater than one hundred twenty degrees (120°), the lot shall be considered an interior lot. 1 Z.961070 Lot coverage. See chapter 17.02 for definition. 17.96.1 080 Lot d "Lot depth" means the horizontal distance between the front and rear lot lines. 17.96.1 Q20, LQL_dgmin_glope. "Downslope lot" means a lot that slopes downward from the main street of access with a slope in excess of five percent (5%) and which does not have a "building pad". 17.g6.1 IQQhag, "Flag lot" means a lot in the approximate configuration of a flag pole or sign post, with the post or pole functioning primarily as an access way to the main body of the lot. 17.96.1110 Lot, interior. "Interior lot" means a lot other than a corner lot. 17.96.112Q L2, ggd. "Pad lot" means a lot which contains a building pad. 17.96.1130 ,h.. "Through lot" means a lot having a frontage on two (2) dedicated streets, not including a corner lot. The director shall determine which frontage or frontages shall be considered for the lot, for purposes of compliance with yard-and setback provisions of this title or title 16. 1 Z.96r114Q Lot, upsiopee. "Upslope lot" means a lot that slopes upward from the main street of access with a slope in excess of five percent (5%) and which does not have a "building pad". 17.96.11.50 Lot,yvidth. "Lot width" means the distance between the side lot lines, when measured between the front and rear lot lines parallel to the front property line, or to a tangent at the midpoint of a curved front property line. 17,96.11 QQ Main building. "Main building" means a building within which is conducted the principal use permitted on the lot, as provided by this title. .17.96.117 . "Final map" means a map prepared in accordance with the provisions of title 16 and designed to be placed on record in the office of the county recorder. 17.96.1180 Mag,parcel. "Parcel map" means a map prepared and submitted for any subdivision'creating four (4) parcels or less and for those subdivisions containing five (5) or more parcels under those conditions contained in title 16. ORDINANCE NO. 320 Page 297 of 312 17:96,1 90 Mag, tentatiYe. "Tentative map" means a map made for the purpose of showing the design of a proposed subdivision and need not be based on an accurate or detailed final survey of the property. 17.96.1,20Q, Market.,rate. "Market rate" means the rent or sales price which would be obtained on the open market with no limits or controls on rent or sale price, except market forces. 17.9 Mechanical eguigment. "Mechanical equipment" means any heating, cooling, venting, or similar equipment or appurtenance serving a structure. 17196.1220 Miggwaye- "Microwave" means any electromagnetic signals of any frequency three hundred (300) megahertz or higher. 7.96.1,23Q Mgbile home. "Mobile home" means a prefabricated structure designed for longterm human habitation relocated on a site and placed on a permanent foundation. A "mobile home" shall not mean a trailer or recreational vehicle that has been altered or modified so that it can no longer be drawn by a motor vehicle. 1.7.96.124Q Mgbile bome park. "Mobile home park" means any area or tract of land where space is rented or sold to owners or users of mobile homes, auto trailers or trailer coaches. 1,7,,90,125.4, "Motel" means a group of dwellings used for commercial purposes, such as a building or group of two (2) or more detached, semi-detached or attached buildings containing guest rooms or dwelling units with automobile storage space, provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts, motels, and similar designations. 17.96.1.260 NeighbQrbQQd character. See chapter 17.02 for definition. 17.96.1270 Neighborhood compatibility, See "neighborhood character". 17 96 128Q, Nononf rming. "Nonconforming" means lots, uses, or structures which were legal under previously adopted codes, but do not currently meet the standards of this title or title 16. 17,,9,9„1 90 Nursery,school. "Nursery school".means public or private educational facilities for more than twelve (12) preschool and/or kindergarten age children in any zoning district. 17,90t13QQ Qff&ale. "Off-sale" means the purchase of a retail product for use or consumption off the premises. ORDINANCE NO. 320 Page 298 of 312 1? 96.1310 _Off site,mprovements. "Off-site improvements" mean the installation or construction of facilities outside the boundaries of a private parcel or lot, such as street paving, curbs and gutters, sidewalks, street trees, street lights, street signs, sewers, utilities, and drainage structures. 1_L26,1„320 Quen, s aca. "Open space" means any space or area that is open and unobstructed from the ground upward, except for permitted encroachments such as building eaves and other architectural features, and is not used for private streets, driveways, parking, or loading. x,7.96.1 330 Own . "Owner" means the individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in a portion of land, and while used in this title or title 17 in the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and plural number whenever required. 17.96.1340 Pa 1. "Parcel" means an area of contiguous land owned by a persons). 17.96.1350 Parcel. e.xistina. "Existing parcel" means any parcel as it existed and was defined by boundaries at the effective date of this title and title 17. 17,96,1360 Parcel of record. "Parcel of record" means an area of land shown on a separately bounded area on a recorded subdivision plat or deed, or a number of contiguous areas of land owned by a person, all of which are shown as separately bounded areas on a recorded subdivision plat or deed. I Z,2 96.1 70 Parcels. abuttina. "Abutting parcels" means two or more lots or parcels of land sharing a common boundary line. 1,.7,96,1.280 P rcels.dacent. "Adjacent parcels" means parcels that are abutting or separated by a street or alley. 17,26.1390, Parcels, contiauous. See "Parcels, abutting". 17,.96.1400 Parking are,,arivate or oublic. A. "Private parking area" means a paved or unpaved open area, other than a street, used for the parking of automotive vehicles capable of moving under their own power, and restricted from general public use. B. "Public parking area" means an area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either free or for remuneration. ORDINANCE NO. 320 Page 299 of 312 17.96.1410 Parking ing mace. "Parking space" means a space exclusive of driveways, ramps, columns, loading areas, or work areas, within a structure or open parking area for the parking of one automobile. 17.96,14 20 Pgrs.M. "Person" means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature, other than the city. 17.96.1430 Pervious surface. "Pervious surface" means any structure, improvement, or surface which allows at least seventy-five percent (75%) of the normal precipitation to reach the ground surface underlying it. 17.96,1440 Placed or displayed. "Placed" or"displayed" means erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, fixed, or made visible in any manner whatsoever. This includes changing the copy or color on existing signs, but shall not include maintenance and repainting of existing copy in the same color. 17. 6.,1_450_ Planning Commission. See chapter 17.02 for definition. 17.20L14f2Q P_o_ol,_ swim nioa or orna mental. "Swimming or ornamental pool" means any body of water measuring more than twenty-four (24) inches deep at its deepest point, whether above or below the surface of the ground. 1.7. 96.1470 Privacy. See chapter 17.02 for definition. 1,7.20.1480 emmontgly. "Promontory" means a prominent mass of land, large enough to support development, which overlooks, or projects onto a lowland or body of water on at least two sides. 17.96.1490 Eublic right-of-way. "Public right-of-way" means any public highway, public street or alley, public place in the city of rancho palos verdes, either owned by the city or dedicated to the public for the purposes of travel. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for travel purposes. 17.96.1500 Public works a�roiects. "Public works projects" mean any action undertaken by the city or under contract to the city or by any other governmental entity to construct or alter any public structure, utility or right-of-way, including improvement of public streets and development of public utilities. 17.96.151 Q ' Recrea,tign,,active. "Active recreation" means outdoor recreation activities that are structured in nature and/or organized such as team sports, golf, tennis, etc. ORDINANCE NO. 320 Page 300 of 312 17 96,x.10 Recreation. 12assime. "Passive recreation" means outdoor recreation activities that are non-structured in nature such as picnicking, sightseeing, nature study areas, etc. 17.96.1530 ReQyclina center . "Recycling center" means a center, occupying an area not exceeding five hundred (500) square feet, for the acceptance, donation, redemption or purchase of recyclable materials from the public. Such facilities include bulk feed reverse vending machines, one or more single feed reverse vending machines occupying an area greater than fifty (50) square feet, attended or unattended drop-off collection areas and structures, kiosk or igloo type collection units, mobile recycling units and any structural enclosures for these facilities. Power-driven processing equipment is not permitted except as contained within reverse vending machines. 17 951 40 Regyclina�drogoff or collection facil.fty. "Recycling dropoff or collection facility" means a recycling or processing facility that is built, installed, or established to serve as a collection or acceptance-point for empty beverage containers in order to separate recyclables from mixed municipal waste. The operation of the facility does not include paying refund value for recyclable material or accepting recyclable materials which have already been separated from mixed municipal waste. 17.963155 0 Regycli.n,g„proaram. community gervigg. "community service recycling program” means a recycling program which is certified by the california department of conservation's division of recycling, which does not pay refund value for recyclable material and accepts or collects empty beverage containers at a specific location or locations. The program may be operated by a charitable group or organization; or by a city, county, or other public agency. 17.96.1560 jjpMling sinale-feadreyerse . "Recycling single-feed reverse vending machine" means an automated, mechanized device which accepts one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass, and plastic bottles, one at an time, for sorting and mechanical processing entirely within the machine. 17.96.1570 Recycli,na_ui,., obile. ."1Vlobile recycling unit" means an automobile, truck, trailer, or van licensed by the california department of motor vehicles which is used for the collection of recyclable material such as aluminum, glass, plastic and paper. The term also means the bins, boxes, or containers used for the collection of the recyclable material, which is transported by the licensed vehicles. 17.96.1580 Rgllay tower. "Relay tower" means any parabolic reflector or similar antenna arrpy regardless of mounting methods and all appurtenant equipment necessary for the receiving and/or transmitting of microwave signals from and/or to any earth-based transmitting and/or receiving facility of any type. ORDINANCE NO. 320 Page 301 of 312 17.96.1590 Residence. "Residence" means a building or portion thereof designed or used for human habitation. 17,96.1QQQ Retail store. "Retail store" means a business of selling goods, wares, or merchandise directly to the ultimate consumer. 17.96.1610 Ri�da„e_. "Ridge" means the elongated crest or a linear series of crests of hills, bluffs, or highlands. 7.96,1 R dgeline, structure. "Structure ridgeline" means the top edge or crest of a structure's sloped roof or the top of a parapet, whichever constitutes the apex of the structure. 17.96.1630 RogUl. "Room" means an unsubdivided portion of the interior of a dwelling unit, including bathrooms, closets, hallways, and service porches. 17.96.1640 Row house. "Row house" means a residence which shares a common side wall or walls with another residence. 1 7:_96.1650 Scale. See chapter 17.02 for definition. 17,,x .1660 Senior resident, ul,i.f ying. "Qualifying senior resident" means a resident meeting the definition of section 51.2 of the california state civil code, specifically, an individual at least sixty-two (62) years of age, or an individual at least fifty- five (55) years of age residing in a senior citizen housing development of at least one hundred fifty (150) dwelling units. 17.96.x.670 Serlge_rata#ion. "Service station" means the same as "automobile service station." 1.7,96,E Setback,. See chapter 17.02 for definition. 17.96.1690 Shoppina center. "Shopping center' means a group of commercial establishments, planned, developed, owned, and managed as a unit, with parking provided on the property. 17.96.1700 Shopa.� ina.... istrict. "Shopping district" means a collection of individual stores standing on separate lotiparcels along street frontage or clustered in a contiguous area, with or without off-street parking. 1 Z.,.Q„6t1Z1Q "Sign" means any physical form of visual communication which is intended to be viewed from public areas. Any structures or building appurtenances which are or were at one time used for visual communication and which do not have any other legitimate function are also defined as signs. In addition, the ORDINANCE NO. 320 Page 302 of 312 definition of a sign includes all parts, portions, units, and materials composing same, together with illumination, frame, background, structure and support and anchorage therefor. This definition shall not apply to the interior display of merchandise, but does apply to interior window signs large enough to be read by those in vehicles passing at the permissive speed in the nearest travel lane of public street or highway right-of-way. 17.96.1720 5ian, announcement. "Announcement sign" means a sign intended to direct attention to the nature of pending or on-going construction on the premises. 17.96.173Q Sian area. "Sign area" means the surface space within a single contiguous perimeter containing words, letters, figures, or symbols, together with any frame, material or color forming an integral part of the display but excluding support structures, face of building, and incidental parts not drawing attention to the subject matter. 17.96.1740 Sian; billboa[d._and o_.utd_Q.gr advertisina. "Billboard" and "outdoor 16 advertising sign" means a sign usually designed for use with changing advertising copy and which normally is used for the advertisement of goods produced or services rendered at locations other than the premises on which the signs are located. 17.96.175Q Sian. contractor. "Contractor sign" means a sign stating the names of those individuals or firms directly connected with the construction project on a particular parcel. Said sign may include the name of the city in which the individuals or firms are located and emergency telephone numbers. 1:x:9.6.1.7 0 5ion,-dire_ 1. "Directional sign" means a sign erected for the purpose of informing the viewer of the approximate route and direction of a given location or event, and not including advertising. 17 96.1770 5ign.,_flasbing. "Flashing sign" means a sign which contains or is illuminated by lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner. 1 L96.:178q aian, fLeQstandJnq. "Freestanding sign" means a sign standing on the ground, not attached to a building. Signs mounted flat on walls, or maintained on architectural extensions such as wing walls, pergolas, etc., shall not be considered freestanding. 1,7.96.1790 Sian heiaht. "Sign height" means the distance of the average surface grade immediately surrounding the base of the sign to the top of its highest element, including any structural element. ORDINANCE No. 320 Page 303 of 312 17_9,6.1. 800 Sian, illuminated. "Illuminated sign" means a sign in which a source of light is used in order to make the message readable. This definition includes internally and externally lighted signs and reflectorized, glowing, or radiating signs. 17.9,611 a 1 Q Sign. movina or rotating_,. "Moving or rotating sign" means a sign or device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation, special lighting, or wind-actuated devices. 17.96.,1$20 Sion,. gff-prre..m.�'�� . "Off-premises sign" means a sign identifying a business or product at some location other than the property where the sign is displayed. 1,7.QQ.183Q flan_, on-premises. "On-premises sign" means a sign located on the same parcel with the business or product being identified or advertised. 17.96.1840 s9lan,_12ermanent idel3tification. "Permanent identification sign" means a sign which directs attention to a principal business, profession, industry, or building located on the premises upon which the sign is displayed. 17.96.1850 Siad., pr durt advertising. "Product advertising sign" means a sign or portion of a sign which directs attention to accessory or secondary products or services sold on the premises by specific name, brand name, trademark or logo. 17.96.1860 ai-an--r2toture. "Sign structure" means a structure which supports or is capable of supporting any sign. A sign structure may be a single pole and may or may not be an integral part of a building. 17.96.1870 Sian, teM,porary.. "Temporary sign" means a sign constructed of paper, cloth, canvas, or other similar lightweight material, with or without frames, and including painted windows, intended to be displayed for a period not to exceed sixty (60) days. 17.96,1880 Sig.n.,_e=Qrary banner. "Temporary banner sign" means a sign generally made of flexible material, usually cloth, paper, or plastic intended to be displayed for a period not to exceed sixty (60) days. 17.96,,E„890 9ian. temporary promotional. "Temporary Promotional sign” means a sign intended to direct attention to a special event or product; and which is intended to be displayed for a period not to exceed sixty (60) days. 17.9Q.1900: ;. Sign, under-=,opy. "Under--canopy sign" means a lighted or unlighted sign attached to the underside of a canopy projecting over a public or private sidewalk or right-of-way. ORDINANCE NO. 320 Page 304 of 312 I 2196,1910 Sign, window. "Window sign" means a sign painted, attached, glued, or otherwise affixed to or near a window and designed to be viewed from adjoining streets or public areas. 17.96.1920 "Site" means a lot or parcel of land or a series of lots or parcels of land which comprise a single development or use. 17.963.0 aite Wan. "Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the structures, improvements, and uses proposed for a specific site. 17:96.1940 Slogg drain. "Slope drain" means an impermeable drainage device used for erosion control on a slope or hillside. I7=96=1950 Slope, man-made. "Man-made slope" means a slope altered or created by grading activities. 17.96.1960 5.Qils.enaineer. "Soils engineer" means a civil engineer licensed by the state and experienced in soil mechanics and slope stabilities, whose qualifications shall be acceptable to the city engineer. ,1 z 96,.1_970 Stock cowerative. "Stock cooperative" means a corporation formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy to a portion of the real property, title to which is held by the corporation, and the transfer of which is made by shares of stock in the corporation. 17,96.j 950 StockDile. "Stockpile" means imported earth temporarily placed and stored for future fill on or off-site. 17.96.19.90 So�rv. "Story" means a space in a building between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling or roof above. 17.96.2000 S . "Street" means a public thoroughfare or right-of-way dedicated, deeded, or condemned for the use as such, other than an alley or driveway, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except as excluded in this code. ,17L26.2019 Street a lie. "Street side" means the property line of a lot or parcel, other than the front or rear property line, which abuts a public or private right-of- way. ORDINANCE NO. 320 Page 305 of 312 17..962D20 Street,private. "Private street" means any lot not dedicated as a public street over which a private easement for road purposes has been recorded and used or intended to be used for ingress to or egress from a lot or lots which may or may not have frontage on a public street. A private street does\not mean a "driveway". 17.96.2030 atruglural alteration. "Structural alteration" means any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components. 1. 7.96.2Q40 Stru "Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which is located on or on top of the ground. For"structures" mentioned in section 17.02.040 of this title, please see chapter 17.02 for definition. 17=96,2050 51ruclum, acre,s-sort . "Accessory structure" means a structure or part of a structure not exceeding twelve (12) feet in height, which is physically detached from the main building on the lot and the use of which is incidental to that of the main building or use on the same lot. Where an accessory structure is a part of, or joined to, the main building by means other than a trellis, breezeway, or overhang, the accessory structure shall be considered as part of the main building. 17.96.2060 5jcu� ure, adverti$ina. "Advertising structure" means the same as sign." 17.96.2070 See chapter 17.02 for definition. 17.96.2080 Subdivision. "Subdivision" means the division 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, lease, or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as continuous units, even if it is separated by roads, streets utility easement, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 of the civil code, a community apartment project, as defined in subdivision (d) of Section 1351 of the civil code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of section 1351 of the civil code. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. The conveyance of land to a governmental agency, public entity, or public utility could not be considered a division of land for purposes of computing the number of parcels. 17.96.2090 Subdivision desion. "Subdivision design" means: ORDINANCE NO. 320 Page 306 of 312 A. Street alignment, grades and widths; B. Drainage and sanitary facilities, including alignments and grades thereof; C. Location and size of all required easements and rights-of-way; D. Fire roads and breakways; E. Lot size and configuration; F. Traffic access; G. Grading; H. Land to be dedicated for park or recreational purposes; and I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or specific plan implementation of the general plan. 17.96.2.' 00 Iemgomy- "Temporary" means a use of land or structures not intended to be of permanent duration and having a specific time period. 17.96.2110 Trailer. "Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for recreational purposes or for carrying persons and property for non-habitable purposes, including trailer coach, travel trailer, and recreational vehicle. A "Trailer" shall not mean a "mobile home". 17:96.21201�ni , affordable. "Affordable unit" means a rental unit which does not exceed thirty percent (30%) of the renter's household income or a sale unit in which the sales price of the unit does not exceed four(4) times the purchaser's annual household income. 12,._0.$.2130 U ,.dwelling. "Dwelling unit" means one or more habitable rooms which are intended or designed to be occupied by a family with facilities for living and the cooking and/or preparation of food. ,17.96.214Q .Unit. low income. "Low income unit" means a dwelling unit which rents for no more than thirty percent (30%) of sixty percent (60%) of the median income for Los Angeles county. 17.96.2150 UniL..grlmary dw11ilina. "Primary dwelling unit" means the principal ORDINANCE NO. 320 Page 307 of 312 dwelling on a residential lot, which existed prior to the establishment of a secondary or "second unit". 17.96.2164 Unit, second. "Second unit" means a second dwelling unit either within, or added on to, an existing single-family dwelling unit, or in a separate accessory structure on the same lot as the primary dwelling unit, for use as a complete, independent living facility for one or more persons, with provision within the accessory unit for living, cooking, eating, sanitation, and sleeping. Such a unit is an accessory use to the primary dwelling unit. 17.96,2170 Unit. very.low income. "Very low income unit" means a dwelling unit which rents for no more than thirty percent (30%) of fifty percent (50%) of the median income for Los Angeles county. 17,90.2180 . "Use" means the purpose for which land or buildings are or may be arranged, designed, intended, occupied, or maintained. 17,96.21 QQ Use, ancillary. "Ancillary use" means a use that is appropriate, incidental and customarily or necessarily related to the primary use of the land, building or structure, and is located on the same lot as the primary use and is dependent upon the primary use for the majority of its utilization or activity. 17:9,12200 lyse deveJgpmeoJ..or a..11eration. "Use development or alteration" means any human activity involving the changing of topography of the land, erection of buildings or structures, the creation of land coverage, subdivision of land, the construction of drainageways or conduits, removal or destruction of rare or endangered species of vegetation or wildlife, the transmission of storm or waste water and any other similar activity; or the maintenance of any activity upon land. 1,7.96.22,10 Urae, primary. "Primary use" means the most important purpose for which a particular zoning district was established. Thus, for example, in a residential district it would be dwellings; in a commercial district it would be the retail sale of goods, the provision of services to the public, and office functions; in institutional districts it would be major, public/quasi public institutional and auxiliary uses; in cemetery districts it would be permanent interment. 17.96,2220Yggetation. "Vegetation" means any living plant organism, such as grasses, chaparral, brush, shrubs, trees. 17.96.2230 Veterinary clinic. "Veterinary clinic" means a facility in which animals no larger than the largest breed of dog receive medical or surgical treatment, clipping, bathing, or similar services. No overnight boarding of animals is permitted, other than those requiring emergency treatment or those recovering from surgery or anesthetic. ORDINANCE NO. 320 Page 308 of 312 17-96x2240 Video Game., See "Arcade, video game". 17196-250 . See chapter 17.02 for definition. 1,Z.96,2260 Viewing area. See chapter 17.02 for definition. 17,96j2270 View restorationcomMiNion. See chapter 17.02 for definition. I Z.9-6,228Q Visitor-servina use. "Visitor-serving use" means a commercial or non-commercial use intended primarily to serve visitors to an area, such as hotels, motels, conference centers, restaurants, retail shops, etc. 17.96.2,29Q . "Wall" means any structure or device, which is not part of a building, forming a physical barrier, which is so constructed that twenty percent (20%) or more of the vertical surface is closed and prevents the passage of light, air, or vision through said surface in a horizontal plane. This includes concrete, concrete block, wood, or other materials that are solid and are so assembled as to form a solid barrier. 17,95,2300 Wall, co mon.. "Common wall" means any structure or device forming a physical barrier between two or more dwelling units or between a dwelling unit and a public or quasi-public space (laundry rooms, recreation rooms, garages, etc.). Construction of a common wall shall be one of the following types: A. Cavity Wall. Two (2) standard construction, parallel walls separated by a two (2) inch air space, as per the current uniform building code; B. Staggered Stud. A wall in which studs are staggered, so that each stud makes contact with only one wall surface, as per the current uniform building code. 17.90,2310 Miall, downslope retaining. "Downslope retaining wall" means a retaining waif which is located downslope from the primary structure. .1 Z. WAIL garden. "Garden wall" means a wall which retains less than three (3) feet of earth. 17.96.2330 Walls retaining. "Retaining wall" means a wall which retains three (3) feet or more of earth and which must be constructed to the city's uniform building code standards. 1 Z.96,2340 Wall, side yard retaining. "Side yard retaining wall" means a retaining wall which is located in or along those lot lines which are at right angles to the front property line. 17.96.2350 V1All, uaslo_pe„retainina. "Upslope retaining wall" means a ORDINANCE NO. 320 Page 309 of 312 retaining wall which is located upslope from the primary structure. 17.96.2360 window. bay. "Bay window" means a window with a foundation that projects beyond the exterior wall of a building, thereby constituting a structural extension of the building. 12.96.2370 WindQ_mt, garden. "Garden window" means a window that projects a minimum of six (6) inches beyond the exterior wall of a building and has no foundation. 17.96.2.3.80 indscmen. "Windscreen" means any fence, wall, structure, device or landscaping material used to shield an area from the wind. 17.96.2320 "Yard" means any open space on the same lot with a building or group of buildings, and which is unoccupied and unobstructed from the ground upward to the sky, except for the projections and/or accessory buildings or structures permitted by this title or title 16. 1,7.20,2400 Yard, f "Front yard" means a yard between the front yard setback line and the front lot line, street easement, or highway setback line, and extending the full width of the lot. 17.96.2410 Yard, rear. "Rear yard" means a yard between the rear yard setback line and the rear lot line, extending the full width of the lot. 17.96.2420 Yard. side. "Side yard" means a yard extending between a side lot line and the side yard setback line. The side yard shall not include any required front yard or rear yard. "Interior side yard" means a side yard not abutting a street. "Street side yard" means a side yard abutting a street. 17.96.2430 Zonina..district, b_. "Base zoning district" means the primary zoning designation established by this title, including any combined districts established by this title. ORDINANCE NO. 320 Page 310 of 312 BgIction : The rights given by any approval granted under the terms of Title 16 and 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall not be affected by the amendments to Titles 16 and 17 by this ordinance and shall continue in effect until they are modified, revoked, expire or are otherwise terminated according to the terms of the approval or the terms of Title 16 and 17 as they existed on the day before the effective date of this ordinance. e i : The rights granted under the terms of Title 16 and 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall apply to all development applications submitted prior to the effective date of this ordinance. Bpgfign.l0: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 15th day of April, 1997. t Y• .1 MAYO ATTEST: C CLERK STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS CITY OF RANCHO PALOS VERDES) Ordinance No. 320 Page 311 0f 312 I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No.320, was reintroduced on April 1, 1997, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on April 15, 1997, and that the same was passed and adopted by the following roll call vote: AYES: Bryd, Hollingsworth, Lyon, and Mayor McTaggart NOES: Ferraro ABSENT: None ABSTAIN: None 1 t CITY CLERK Ordinance No. 320 Page 312 of 312 �a 01 8 3 iL r }�+' -7"p J.- je n � •° • r k. ..r x iays � •"). "� [.y: i..::."'•'.,..ti•'�4��.+'.'�J0 • . 'v �.x to ' • R.\ • .. .. .. J'. a Y.. •. '•'! 9' ..J ..a ; ... '•� 4i* ' .014 e '{414 rr f:; h S" 47 �.�. Ma 47 Iwow W.- i Ordinance No. 320, Exhibit 50-A Page 147-A t AL AL �': .. !}+r7f� x. �\.. .•• .s'f .� �4• ¢�,xµ•��+'..a�k� fi.. '.s. ' Y`T•.3�•'o - .. .. + Y �, - • dka c. o•r glad v.r v.,+ .. 'r w •S - •`tL .. .. , .. ,s w�r '« i .., •9 nt �^4 - r r .}n. - .. ,��-. 1.•�;• ^r_ � led*ff t mw V AMD ", < ,n. �' . .. of ••`'d':b ��' •. o ti} 674 42*1 ' n ... •.• yT,S ...r .. � N - - - S.• ,rn fin. INK ■' s VIV v r 40 n t Ordinance No. 320, Exhibit 50-A(cont.)and 50-B Page 147-B ORDINANCE/RESOLUTION NO. 320 FILE: 1203 x 1801 SUBJECT: ADOPTING AMENDMENTS TO TITLES. OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE INTRODIICED. 4/1/ 7 = ADOPTED: 4/15/97 POSTED/PUBLISHED 5/2/97 ORDINANCE AND RESOLUTION DISTRIBUTION: i� CITY ATTORNEY 4 - I� !moi wI coCor c fpc6/4)1' _ PUBLIC WORKS DEPARTMENT RI CHARDS, WATSON, & GERSHON :12/PLAN. BLDG. & CODE ENFORCEMENT 333 SOUTH HOPE ST. , 38TH FLOOR _ RECREATION & PARKS DEPT, OS ANGELES, CA 90071 _ CITY MANAGER DEPT. _ FINANCE DEPT, BOOK PUBLISHING COMPANY 00 �` _ HOMEOWNERS ASSOCIATION 201 WESTLAKE AVENUE N. _ APPLICANT SEATTLE, WA 981095,e SCHOOL REGISTAR _ SOUTH BAY MUNICIPAL COURT 12400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE. NORWALK, CA 9065 :-1024 TORRANCE, CA 90503 ATTN: MARGARET MILLER, ATTN: EXECUTIVE OFFICES ELECTIONS ADM. LEAGUE OF CALIFORNIA CITIES (STREET VACATIONS/EASEMENTS/ 702 HILTON CENTER ABANDONMENTS/ NAME CHANGES/ LOS ANGELES , CA 90017 DEDICATIONS/TRAILS L.A. COUNTY REGISTRAR-RECORDER _ LA COUNTY DEPT, OF PUBLIC WORKS/ 12400 E. IMPERIAL HIGHWAY PUBLIC ROADS NORWALK, CA 90651-1024 ATT: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBRA, CA 91802-1460 500 WEST TEMPLE STREET LOS ANGELES, CA 90012 _ SPCA (OWNERSHIP, EXEMPTION & MAPPING DIV. ) 5026 WEST JEFFERSON BLVD. - SO. CALIFORNIA GAS COMPANY LOS ANGELES, CA 90717 P.O. BOX 2944 TORRANCE, CA 90509 STATION COMMANDER 26123 NARBONNE AVENUE SO. CALIFORNIA EDISON COMPANY LOMITA, CA 90717 P.O. BOX 2944 TORRANCE, CA 90509 _ COX CABLE 43 PENINSULA - CALIFORNIA WATER SERVICE COMPANY ROLLING HILLS EST. , CA 90274 5837 CREST ROAD WEST RANCHO PALOS VERDESCA 90275 - ZI�STITUTE OF GOVERNMENTAL STUDIES GENERAL TELEPHONE COMPANY LIBRARY, 109 MOSES HALLUNIVERSITY OF CALIFORNIA 22715 HAWTHORNE BLVD. BERKELEY, CA 94720 TORRANCE, CA 90505 POSTED AT THE FOLLOWING LOCATIONS: 5/2/97 — HESSE PARK, LADERA LINDA _ PACIFIC TELEPHONE COMPANY 19310 GATEWAY DRIVE, ROOM 208 PARK, RYAN PARK, U.S. POST OFFICE, TORRANCE, CA 90502 L.A. COUNTY FIRE STATION, MIRALESTE STATION forms/CTR.SH