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
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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.
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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
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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.
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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.
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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.
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"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.
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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.
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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
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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.
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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)
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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.
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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;
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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
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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;
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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;
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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.
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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.
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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)
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