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CC SR 20171205 02 - Code Amendment InitiationRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/05/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to initiate code amendment proceedings to Chapters 15.34 (Water Efficient Landscaping), 17.60 (Conditional Use Permits) and 17.76 (Miscellaneous Permits & Standards) of the City's Municipal Code in order to address Code inconsistencies and clarify regulations. RECOMMENDED COUNCIL ACTION: (1) Initiate code amendment proceedings to certain sections of Chapters 15.34 (Water Efficient Landscaping), 17.60 (Conditional Use Permits), and 17.76.070 (Grading Permit) of the City's Municipal Code in order to address Code inconsistencies and clarify regulations. FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Associate Planner - Irving Anaya, Associate Planner REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Willmore, City ManagerVr10- ATTACHED SUPPORTING DOCUMENTS: �"'� A. RPVMC Chapter 15.34 (page A-1) B. RPVMC Chapter 17.60 (page B-1) C. RPVMC Chapter 17.76 (page C-1) BACKGROUND AND DISCUSSION: The Planning Division strives to provide an efficient and timely review of proposed development projects. Ensuring that the City's Development Code provides clear and concise regulations is a key component to a streamlined process for residents, business owners and developers. Since the beginning of the year, the City Council initiated a number of code amendment proceedings that include clarifications to Sections 17.48 (Use & Development Standards) and 17.96 (Definitions) of the City's Development Code. At this time, Staff has identified additional Code sections which need to be amended to provide clear and concise regulations. 1 Staff recommends that Chapters 15.34 (Water Efficient Landscaping), 17.60 (Conditional Use Permits), and 17.76 (Miscellaneous Permits & Standards) be amended to be brought up-to-date and relevant to applications currently being processed. While the identified Code sections are distinct in terms of regulations, Staff has combined the Code Amendment Initiation Request into a single Staff report for efficiency. If the City Council initiates the code amendment proceedings, said Code language amendments will be processed separately based on the discussion provided below: Chapter 15.34 (Water Efficient Landscaping): In 2015, the State of California adopted its Model Water Efficient Landscape Ordinance (MWELO) to increase water efficiency standards for new and retrofitted landscapes from previous regulations. As of December 1, 2015, the City of Rancho Palos Verdes' Water Efficient Landscape Ordinance was replaced by the MWELO. The proposed code amendment would update the City's existing Code to comply with State requirements by incorporating MWELO language and updated regulations into the City's local ordinance. Chapter 17.60 (Conditional Use Permits): Section 17.60.050(D) Findings and Conditions authorizes the Planning Commission, when desirable, to add conditions requiring future reviews of Conditional Use Permits. When such conditions are added, City Staff is required to prepare and process annual reviews, which are presented to the Planning Commission at duly -noticed public hearings for consideration to ensure that the actual operations of a project are consistent with the project -approved entitlements and conditions of approval. The Code currently does not expressly state that the City Council may conduct annual reviews, even though they may based on the adopted conditions of approval, and does not assess a fee to recover City costs. As proposed, the code amendment would clarify the governing bodies able to conduct annual reviews and would require that a fee, established by the Council, be paid by the Applicant to prepare and process City -required annual reviews of Conditional Use Permits. Chapter 17.76 (Miscellaneous Permits & Standards): Section 17.76.040 Grading Permit allows grading to accommodate reasonable development of land, ensure maximum preservation of natural scenic character of the area, and comply with all goals and policies of the General Plan or any specific plan. Staff has encountered, among other things, legal insufficiencies, ambiguities, and lack of clarity related to existing grading criteria. The proposed code amendment would result in a comprehensive overhaul to the Grading Permit section that would address the existing issues Staff is encountering with the current code language by simplifying the language and development requirements, consolidating required findings, simplifying language, and including illustrations to be more user-friendly. If initiated pursuant to Section 17.68.040 of the Development Code, the proposed code amendments will be reviewed by the Planning Commission, who will then forward a 2 recommendation to the City Council for its consideration. Both reviews will occur at duly -noticed public hearings. At this time, the Planning Commission will consider all of the City Council -initiated proposed code amendment language in February and March 2018, with recommendations presented for the City Council's consideration in Spring 2018. ALTERNATIVES: In addition to the Staff recommendations, the following alternative actions are available for the City Council's consideration: Identify specific Code criteria within the Development Code including Chapters 15.34 (Water Efficient Landscaping), 17.60 (Conditional Use Permits), and 17.76 (Grading Permit) that should or should not be amended. 2. Direct Staff to take no action at this time. 3 Chapter 15.34 -WATER EFFICIENT LANDSCAPINGM Sections: Footnotes: --- (9) --- Editor's note— Ord. No. 504, § 1, adopted January 5, 2010, amended Chapter 15.34 in its entirety to read as herein set out. Former Chapter 15.34, §§ 15.34.010-15.34.210, pertained to Water Conservation In Landscaping, and derived from Ord. No. 284, 1993. 15.34.010 - Purpose. Water is a precious commodity of limited supply. In accordance with the Water Conservation in Landscaping Act, the purpose and intent of the ordinance codified in this chapter is to: A. Promote the values and benefits of landscaping while recognizing the need to invest water and other resources as efficiently as possible; B. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new residential or commercial development projects and when landscape areas are altered by more than fifty percent in total area; C. Promote water management practices and water waste prevention for existing landscapes; and D. Use water efficiently by setting a maximum applied water allowance as an upper limit for water use and reducing water use to the lowest practical amount. Accordingly, the ordinance codified in this chapter is intended to be as effective in conserving water as is the Department of Water Resources' State Model Landscaping Ordinance set forth in Government Code Section 65595 and shall be known as the "Water Efficient Landscaping Ordinance." (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.020 - Applicability. A. Except as set forth in subsection B of this section, this chapter shall apply to all of the following landscape projects: 1. All new landscaped areas and altered landscaped areas for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred square feet. 2. All new landscaped areas and altered landscaped areas which are developer -installed in residential projects (including a single-family project) with a landscape area equal to or greater than two thousand five hundred square feet. 3. All new landscaped areas which are homeowner -provided and/or homeowner -hired in residential projects (including a single-family project) with a total project landscape area equal to or greater than five thousand square feet. 4. Particular sections in the landscape regulations apply to existing landscapes, including existing cemeteries, that were installed before January 1, 2010 and are over one acre in size. 5. Only Sections 15.34.090, 15.34.120 and 15.34.130 shall apply to new and rehabilitated cemeteries. A-1 B. This chapter shall not apply to: Landscaping that is part of a property listed on any applicable local, state or national register of historic places. Plant collections as part of botanical gardens and arboretums open to the public. Ecological restoration projects that do not require a permanent irrigation system. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.030 - Definitions. Unless the context otherwise requires, the following definitions and those set forth in the landscape regulations shall govern the construction of this chapter: "Altered landscaped area" means a landscaped area, including landscape areas of public property or facilities, that is equal to or greater than two thousand five hundred square feet and is altered by more than fifty percent of the total landscape area. "Certificate of completion" is the document required under Section 15.34.100. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by a recognized professional trade organization or other educational organization. "Developer installed landscaping" means landscaping installed by a builder in conjunction with the construction of a residential project. "Developer installed landscaping" shall not include landscaping installed by an owner/occupant building in conjunction with the construction of a single-family residence. "Director" means the director of planning, building and code enforcement, or his or her designee. "Estimated total water use" ("ETWU") means the total water used for the landscape subject to this chapter determined pursuant to the formula set forth in the landscape regulations. The ETWU is based upon such factors as the local evapo-transpiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. "Homeowner -provided landscaping" means any landscaped area either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner for purposes of this chapter is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner -occupied dwellings. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: Inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. "Landscape documentation package" means the documents required under Section 15.34.050 required to be submitted to the director for review and approval. "Landscape regulations" means rules and regulations adopted by the director for the implementation and enforcement of provisions of this chapter, and when duly promulgated, such rules and regulations shall be in full force and effect. "Landscaped area" means the entire lot, including water features such as pools, spas, ponds, and fountains. "Landscaped area" shall not include the building footprint, driveways, non -irrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. "Maximum applied water allowance" ("MAWA") means the upper limit of annual applied water for the established landscaped area or altered landscaped area determined pursuant to the formula set forth in the landscape regulations. The MAWA is based upon the local reference evapo-transpiration rate, the ETo adjustment factor, and the size of the landscaped area or altered landscaped area. A-2 "New construction" means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. "Permit" means an authorizing document issued by the city for new construction or rehabilitated landscapes, including a building or landscape permit, plan check or design review. "Project applicant" means the person or entity submitting a landscape documentation package. A project applicant may include the property owner and/or an agent of the owner. "Residential project" means the construction of one or more homes. "Water efficient landscape worksheet" means the document described in Section 15.34.090. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.040 - Review and approval requirements. A. Prior to issuance of a permit for any project that involves landscaped areas or altered landscaped areas subject to this chapter, the project applicant must submit a landscape documentation package for review and approval by the director. The landscape documentation package shall include the following: Project information as required by the landscape regulations; Landscape design plan as described in Section 15.34.050; Irrigation design plan as described in Section 15.34.060; 4. Water efficient landscape worksheet as described in Section 15.34.090; 5. A soil management report as described in Section 15.34.080; 6. Grading design plan as described in Section 15.34.070; and 7. Payment of the fee as prescribed by city council upon submittal of the landscape documentation package. B. The documents listed in subsection A of this section shall be prepared and signed by a landscape architect, landscape designer, or irrigation designer, as appropriate, except that the soil management report shall be prepared by a qualified soil and plant laboratory. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.050 - Landscape design plan. A. Landscaped areas or altered landscaped areas subject to this chapter shall be carefully designed and planned to ensure the efficient use of water. The project applicant shall submit to the director a landscape design plan that meets the criteria set forth in this section and the criteria set forth in the landscape regulations. B. The landscape design plan shall comply with or include the following: A description of the plant material. Any plant may be selected for the landscape provided that the estimated applied water use in the landscaped area or altered landscaped area does not exceed the maximum applied water allowance. Landscape design plans for projects in the city's high fire hazard severity zones areas, as identified in the landscape regulations, shall address fire safety and prevention. The project applicant shall ensure that the defensible space required by the municipal code is maintained and shall avoid fire -prone plant materials and mulches. A-3 3. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. 4. Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one -foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 + slope percent). C. Water features shall be designed as follows: 1. Recirculating water systems shall be used as a source for water features. 2. Where available, recycled water shall be used as a source for decorative water features. 3. The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. 4. Pool and spa covers are highly recommended. D. Mulch and amendments shall be included for use as follows: 1. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated. 2. Stabilizing mulching products shall be used on slopes. 3. The mulching portion of the seed/mulch slurry in hydro -seeded applications shall meet the mulching requirement. 4. Soil amendments shall be incorporated according to recommendations of the soil management report, if any, and what is appropriate for the plants selected. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.060 - Irrigation design plan. An irrigation system and its related components for landscaped areas and altered landscaped areas subject to this chapter shall be carefully designed and planned to allow for proper installation, management, and maintenance. The project applicant shall submit to the director an irrigation design plan that meets the criteria set forth in this section and the criteria set forth in the landscape regulations. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.070 - Grading design plan. A. Grading of a project site that contains a landscaped area or altered landscaped area subject to this chapter, shall be designed to minimize soil erosion, runoff and water waste. The project applicant shall submit to the director a grading design plan that meets the criteria set forth in this section and the criteria set forth in the landscape regulations. B. The landscape grading plan shall indicate finished configurations and elevations of the landscape area including: (i) height of graded slopes; (ii) drainage patterns; (iii) pad elevations; (iv) finish grade; and (v) storm water retention improvements, if applicable. C. To prevent excessive erosion and runoff, grading shall avoid disturbing natural drainage patterns and avoid soil compaction in landscaped areas or altered landscaped areas subject to this chapter. MA All irrigation and normal rainfall should remain within the property lines so as not to drain onto non - permeable hardscapes. D. A comprehensive grading plan prepared by a civil engineer for a project which includes landscaped areas or altered landscaped areas subject to this chapter can satisfy this requirement. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.080 - 5oil management report. The project applicant shall submit to the director a soil management report that meets the criteria set forth in the landscape regulations. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.090 - Water efficient landscape worksheet. A. The project applicant shall complete and submit to the director a water efficient landscape worksheet that meets the criteria set forth in this section and in the landscape regulations. B. The water efficient landscape worksheet shall contain two sections: (i) a hydrozone information table and (ii) a water budget calculation for the landscaped areas or altered landscaped areas subject to this chapter. The water budget calculation shall include the maximum applied water allowance and the estimated total water use. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.100 - Certification of completion. A. Upon completion of the installation of the landscaped areas or altered landscaped area subject to this chapter, the project applicant shall submit a certificate of completion, in the form provided by the city, for review and approval by the director. The certificate of completion shall be executed by either the licensed landscaped architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package. B. The certificate of completion shall certify and/or include the following: 1. The landscaped areas or altered landscaped areas subject to this chapter have been installed in conformance with the landscaped documentation package, the Water Efficient Landscaping Ordinance and the landscape regulations; 2. The automatic controller has been set according to the irrigation schedule described in Section 15.34.110; 3. Documentation that the soil management report recommendations, if any, have been implemented; 4. The irrigation audit report; and 5. The landscape and irrigation maintenance schedule. C. The director shall approve the certificate of completion if he or she determines the project conforms to the provisions of this section. If the director determines that the certificate of completion is incomplete or does not conform to the provisions of this section, the director shall: 1. Notify the project applicant in writing that the certificate of completion has been denied and include a statement of reasons; or CEJ 2. Notify the project applicant in writing that the certificate of completion is incomplete with an indication of additional information necessary. The project applicant may re -submit the certificate of completion for review by the director. D. The project applicant shall provide a copy of the approved certificate of completion to the property owner within seven days of its approval. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.110 - Irrigation schedule. The project applicant shall prepare an irrigation schedule in accordance with the landscape regulations that evaluates and manages the amount of water required to maintain plant health. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.120 - Landscape and irrigation maintenance. The project applicant shall prepare a landscape and irrigation maintenance plan in accordance with the landscape regulations to ensure the efficiency of water use. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.130 - Irrigation audit. A. For landscaped areas or altered landscaped areas subject to this chapter, the project applicant shall prepare an irrigation audit report as set forth in the landscape regulations. B. For all existing landscaped areas installed prior to January 1, 2010, irrigation audits shall be prepared as set forth in the landscape regulations. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.140. - Irrigation efficiency. A. New irrigation systems installed subject to this chapter shall be designed, maintained and managed to meet or exceed the average irrigation efficiency set forth in the landscape regulations. B New irrigation systems installed as stand-alone projects shall comply with Sections 15.34.060, 15.34.090, 15.34.100, 15.34.110, 15.34.120 and 15.34.130 of this chapter. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.150 - Alternative water -efficient use. Alternative methods of using water efficiently such as the use of potable water, rain water or other alternative water systems are encouraged. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.160 - Storm water management. M A. Landscape and grading design plans shall be developed in accordance with the applicable provisions of the storm water and urban runoff control provisions set forth in Chapter 13.10 of Title 13 of the Municipal Code. B. Rain gardens, cisterns, and other landscape features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are encouraged. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.170 - Water waste prevention. Water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, parking lots or structures is prohibited. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.180 - Public education. The city shall provide information to owners of new, single-family residential homes regarding the design, installation, management and maintenance of water -efficient landscapes, as set forth in the landscape regulations. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.190 - Authority to promulgate rules and regulations. The director shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of provisions of this chapter, and when duly promulgated, such rules and regulations shall be in full force and effect. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.200 - Administration and appeal process. The director shall have the duty and authority to administer and enforce this chapter. The project applicant or property owner may appeal any other decision made by the director pursuant to this chapter by filing with the director within fifteen days of the date of written notification of the action at issue. The appeal shall be held pursuant to the applicable provisions of Chapter 17.80 of Title 17 of the Municipal Code. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) 15.34.210 - Penalties. The enforcement sections are set forth in Title 1 of the Municipal Code. In addition, the city building official may deny any project subject to this chapter its final permit approval or equivalent until the certificate of completion has been submitted, reviewed and approved by the city. (Ord. No. 503U, § 1, 12-15-09; Ord. No. 504, § 1, 1-5-10) A-7 Chapter 17.60 - CONDITIONAL USE PERMITS Sections: 17.60.010 - 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. (Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975) 17.60.020 - Application. 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 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 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. E. In no event shall the acceptance of an application by the city be construed as support for, or the eventual approval of, the proposed use. F. For multi -family residential and nonresidential development applications, a temporary framework silhouette of the proposed project shall be required to be constructed as part of an application. Said application will not be deemed complete until the applicant has submitted a signed statement agreeing to construct said silhouette when directed to do so by the director some time prior to the public hearing on the application. The silhouette shall be constructed in accordance with the guidelines established by the city council for nonresidential construction projects. (Ord. 463 § 9, 2007: Ord. 340 § 8 (part), 1998: Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975) 17.60.030 - Filing fee. The filing fee for a conditional use permit shall be as established by resolution of the city council. (Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975) 17.60.040 - Public hearing. As A. The public hearing notice shall be published in a newspaper of general circulation and given to owners of property located within five hundred 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 days following said hearing, the planning commission shall announce its findings, as per Section 17.60.050 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. (Ord. 320 § 7 (part), 1997: Ord. 166 § 11, 1983; Ord. 90 § 6 (part), 1977; Ord. 78 (part), 1975) 17.60.050 - Findings and conditions. 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; 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. (Ord. 320 § 7 (part), 1997: Ord. 259 § 2, 1990: Ord. 78 (part), 1975) 17.60.060 - Appeal. 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 Procedures) of this title. (Ord. 320 § 7 (part), 1997: Ord. 90 § 6 (part), 1977: Ord. 78 (part), 1975) 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 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 permitted 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. (Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975) 17.60.080 - Failure to comply. 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 noncompliance with any condition of a conditional use permit shall constitute a violation of this title. (Ord. 320 § 7 (part), 1997: Ord. 78 (part), 1975) 17.60.090 - 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. (Ord. 320 § 7 (part), 1997) 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. (Ord. 320 § 7 (part), 1997) 17.76.040 - Grading permit. 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 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 20 cubic yards, but less than 50 cubic yards, in any two-year period, on a slope of less than 35 percent, or b. An excavation three feet or more, but less than five feet, below natural grade or a fill three feet or more, but less than five feet, above natural grade on a slope of less than 35 percent; 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 50 cubic yards in any two-year period, b. An excavation five feet or more below natural grade or a fill five 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 percent 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 20 cubic yards in any two-year period; 2. An excavation less than three feet below natural grade, or a fill less than three 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; C-1 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; An excavation less than ten feet below existing grade for the foundation or footings of a structure or a swimming pool located on a slope less than 35 percent and not involving a caisson foundation. Caisson foundations or any excavation for a footing or foundation ten 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. 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. 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 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 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. h. Applications which involve the construction of a new single-family residence shall include a geology report determining that the project is geologically feasible. The city geologist shall C-2 review and approve said report prior to the application for said project being deemed complete for processing. 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 or more cubic yards of earth or when a remedial grading application proposes earth movement involving five thousand 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 feet of the project, all persons requesting notice, to any affected homeowner associations and the applicant pursuant to Section 17.80.090 (Notice of Hearing) 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, as 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. Deposits. If excavated material in excess of twenty 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 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. 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; C-3 The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. In cases where grading is proposed for a new residence or an addition to an existing residence, this finding shall be satisfied when the proposed grading results in a lower finished grade under the building footprint such that the height of the proposed structure, as measured pursuant to Section 17.02.040(6) of this title, is lower than a structure that could have been built in the same location on the lot if measured from preconstruction (existing) grade; 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. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17.02 (Single-family Residential Districts); 6. 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; 7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside; 8. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation; 9. The grading conforms to the following standards: a. Grading on slopes equal to or exceeding thirty-five percent 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 shall be created, except at the point of vehicular access adjacent to driveways, as per subsection (E)(9)(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 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 gradient, unless the grading is on a sixty-seven percent slope, allowed pursuant to subsection (E)(9)(f) of this section. e. Retaining Walls. i. Unless located within the required front or street side setback, one upslope retaining wall not to exceed eight feet in height may be used. Retaining walls located in the required front or streetside setback shall not exceed three and one-half feet in height; ii. One downslope retaining wall not to exceed three and one-half feet in height may be used; iii. On lots sloping with the street and other configurations not discussed above, one retaining wall not to exceed three and one-half feet may be used on each side of the lot; C-4 iv. Retaining walls may be allowed up to five 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 feet, within the building footprint; f. Driveways. i. Driveways which exceed twenty percent slope shall not be permitted except that one length, not at the point of access, of not more than ten linear feet may have a slope of up to twenty-two percent; Slopes not greater than sixty-seven percent may be permitted adjacent to driveways; 10. The director may grant a grading permit for development in excess of that permissible under subsection (E)(9) of this section upon finding that: a. The criteria of subsections (E)(1) through (E)(8) of this section are satisfied; b. The approval is consistent with the purposes set forth in subsection A of this section; Departure from the standards in subsection (E)(9) of this section will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity; and d. Departure from the standards of subsection (E)(9) 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 to 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 Procedures) of this title. 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 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. 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 cubic yards, are not in yard areas visible from any right- of-way and are not stockpiled for more than six months. 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. C-5 The nature of the grading shall minimize disturbance to the natural contours and finished contours should remain reasonably natural. 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 manufactured 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. 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; Landscaping, in addition to the minimum required by Chapter 70 of the Uniform Building Code; The submittal of a performance bond or trust deposit to ensure that grading, landscaping or other conditions imposed under this section are performed; and For any remedial grading permit, the recordation of a covenant against the property subject to any significant remedial grading, which is defined as excavation, fill or any combination thereof, which involves the redistribution of earth materials for the purpose of reestablishing the stability and continuity of such area, and which involves: (1) excavation, fill or any combination thereof in excess of one thousand cubic yards within any two-year period, or (2) excavation ten feet or more below preconstruction grade or fill ten feet or more above preconstruction grade. The covenant shall document the nature and scope of the significant remedial grading completed to enhance soil stability and reduce geotechnical hazards due to land movement or the presence of natural hazards. 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 Procedures) of this title. C-6 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 over 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 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 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. (Ord. 416 § 6, 2005; Ord. 405 § 10, 2004; Ord. 400U § 10, 2004; Ord. 340 § 8 (part), 1998; amended during 11-97 supplement; Ord. 320 § 7 (part), 1997: Ord. 194 § 12 (part), 1985; Ord. 150 §§ 35, 1982; Ord. 89 § 1 (part), 1977; Ord. 87 § 1, 1977; Ord. 86 § 1, 1977; Ord. 78 (part), 1975) (Ord. No. 529, § 8, 11-15-11) C-7