HomeMy WebLinkAboutDraft Development Code
City of
San Bernardino
Development Code
PRELIMINARY DRAFT JANUARY 29, 1990
Title 19
City of San Bernardino
Municipal Code
JACOBSON Be WACK
Land Use Planninl Consultants
P.O. Box 2448 Santa Barbara. CA 93120
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SAN BER RDINO
url:x:ln 446 N. N.wpod Blvd.
de3IQn :'= Beach, Co. 92663
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PRIDE IN PROGRESS
TABLE OF CONTENTS
CITY OF SAN BERNARDINO DEVELOPMENT CODE
PRELIMINARY DRAFT
TABLE OF CONTENTS
January 29, 1990
TITLE 19 LAND USE/SUBDIVISION REGULATIONS
CHAPTER
Article I General Provisions
19.02 Basic Provisions
19.02.010 Title
19.02.020 Purpose
19.02.030 Authority and General Plan Consistency
19.02.040 Review Authority
19.02.050 Definitions
19.02.060 Establishment of Land Use Districts
19.02.070 General Requirements
19.02.080 Density and Intensity
19.02.090 Partial Invalidity
Article II Land Use Districts
19.04 Residential Districts
(Includes RE, RL, RS, RU, RM, RMH,
and RH)
19.06 Commercial Districts
(Includes CN, CO-1, CO-2, CG-1, CG-2,
CG-3, CG-4, CR-1, CR-2, CR-3,
CH, and OIP)
19.08 Industrial Districts
(Includes IL, IH, and IE)
19.10 Special Purpose Districts
(Includes OS, PF, and SP)
19.12 Overlay Districts
(Includes A, FC, FF, FP, HM, HP, and MS)
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TABLE OF CONTENTS
CHAPTER
PAGE
Article III General Regulations
19.14 Property Development Standards
19.16 Sign Standards
19.18 Off-Street Parking Standards
19.20 Off-Street Loading Standards
19.22 Landscaping Standards
19.24 Non-Conforming Structures and Uses
19.26 Subdivision Standards
111-1
111-24
III-55
111-70
111-73
111-87
111-91
Article IV Administration
19.28 Certificates of Occupancy
19.30 Home Occupation Permits
19.32 Temporary Use Permits
19.34 Minor Modifications
19.36 Minor Exceptions
19.38 Variances
19.40 Planned Development Permits
19.42 Conditional Use Permits
19.44 Tentative Parcel Maps
19.46 Tentative Tract Maps
19.48 Final Maps
19.50 Specific Plans
19.52 General Plan Amendments
19.54 Development Code Amendments
19.56 Development Agreements
19.58 Surface Mining and Land Reclamation
19.60 Applications and Fees
19.62 Hearings and Appeals
19.64 Design Review
19.66 Interpretation
19.68 Enforcement of Provisions
IV-4
IV-5
IV-8
IV-12
IV-13
IV-17
IV-21
IV-25
IV-28
IV-29
IV-30
IV-31
IV-33
IV-35
IV-36
IV-41
IV-45
IV-46
IV-50
IV-52
IV-53
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BASIC PROVISIONS -19.02
ARTICLE I GENERAL PROVISIONS
CHAPTER 19.02
BASIC PROVISIONS
19.02.010 TITLE
This Title shall be known as the "City of San Bernardino Development Code", hereafter
referred to as the "Code".
19.02.020 PURPOSE
The purpose of this Code is to promote the public health, safety, general welfare and
preserve and enhance the aesthetic quality of the City by providing regulations to en-
sure an appropriate mix of land uses in an orderly manner. In furtherance of this pur-
pose the City desires to achieve a pattern and distribution of land uses which generally:
1. Retain and enhance established residential neighborhoods, commercial and
industrial districts, regional-serving uses, recreation and amenities.
2. Allow for the infill and recycling of areas at their prevailing scale and
character.
3. Allow for the intensification of commercial and industrial uses and mixed-density
in select residential neighborhoods.
4. Accommodate expansion of development into vacant and low-use lands
within environmental and infrastructure constraints.
5. Maintain and enhance significant environmental resources.
6. Provide a diversity of areas characterized by differing land use activity, scale
and intensity.
7. Establish San Bernardino as a unique and distinctive place in the Inland Empire
with a high quality of life and aesthetic, secure environment for the City's residen-
ces and businesses.
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BASIC PROVISIONS -19.02
19.02.030 AUTHORITY AND GENERAL PLAN CONSISTENCY
This Code is the primary tool for implementing the goals, objectives, and policies of the
San Bernardino General Plan, pursuant to the mandated provisions of the State Plan-
ning and Zoning Law (Government Code Section 65000 et seq.), State Subdivision Map
Act (Government Code Section 66410 et seq.), California Environmental Quality Act
(Public Resources Code 21000 et seq.), and other applicable State and local require-
ments. All development within the unincorporated area of the City's Sphere of In-
fluence, should be consistent with the San Bernardino General Plan. All development
within the incorporated area of the City shall be consistent with the General Plan.
This Code is designed to treat in one unified text those areas of regulation more typical-
ly dealt with in separate zoning and subdivision ordinances, and related chapters of the
Municipal Code.
19.02.040 REVIEW AUTHORITIES
The development review process involves the participation of the following:
1. PLANNING COMMISSION
A. APPOINTMENT
The Planning Commission shall consist of 9 members appointed by the
Mayor and Common Council and serve pursuant to the provisions of
Chapter 2.17 of the Municipal Code.
B. DUTIES
The Commission shall perform the duties and functions prescribed in this
Code. The Commission shall prepare, recommend adoption, implement
and periodically review and recommend revisions to the General Plan
and this Code for the desired physical development of the City, and any
land within its Sphere of Influence.
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BASIC PROVISIONS - 19.02
C. POWERS
Final approval for variances, residential developments encompassing
16 or more units, commercial developments encompassing 30,000+
square feet, industrial developments encompassing 50,000+ square feet,
Conditional Use Permits, Tentative Parcel Maps, and Tentative Tract
Maps, subject to appeal to the Mayor and Common Council. Also, the
Commission recommends to the Mayor and Common Council for final
determination on the following entitlements: Specific Plans, General Plan
Amendments, Development Code Amendments, Development Agree-
ments, and Surface Mining and Land Reclamation Plans.
2. DIRECTOR OF PLANNING AND BUILDING SERVICES
A. APPOINTMENT
The Director of Planning and Building Services shall be appointed by the
Mayor and Common Council.
B. DUTIES
The Director shall perform the duties and functions provided in this
Code, in addition to the day-to-day and long range management of the
Planning Department.
C. POWERS
Final approval authority for: Certificates of Occupancy, Home Occupation
Permits, Temporary Use Permits, Minor Modifications, Minor Exceptions,
residential developments encompassing up to 3 units, and sign permits,
subject to appeal to the Planning Commission.
3. DEVELOPMENT REVIEW COMMITTEE CORCl
A. MEMBERSHIP
The DRC members shall consist of an urban design professional, and
representatives of the following departments: Director of Planning and
Building Services, or designee (Chairperson), Public Works, Fire, Police,
Parks and Recreation, Public Services, and the Redevelopment Agency.
The representatives shall be the Director of the Department or their desig-
nee.
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BASIC PROVISIONS. 19.02
B. DUTIES
.-I
The DRC shall perform the duties and unctions provided in this Code.
C. POWERS
Final approval authority for: residential developments encompassing 4
to 15 units, commercial developments encompassing up to 30,000 square
feet, industrial developments encompassing up to 50,000 square feet,
design review and adoption of Negative Declarations, subject to appeal to
the Planning Commission.
4. ENVIRONMENTAL HEARING OFFICER
A. APPOINTMENT
The Environmental Hearing Officer shall be the Director of Planning and
Building Services, or designee.
B. DUTIES
The Officer shall make determinations of a categorical exemption, nega-
tive declaration, or the need for preparing an EIR for discretionary applica-
tions. Decisions of the Officer shall be final unless appealed to the Plan-
ning Commission.
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BASIC PROVISIONS -19.02
19.02.050 DEFINITIONS
Abuttino (Adiacent). Two or more parcels sharing a common boundary, of at least 1
point.
Abandoned. To cease or suspend from developing or maintaining a building or use for
a stated period of time.
Abandoned Activitv. A business or activity with no reported sales or activity for a period
of at least 180 days. Exceptions are temporary closures for repairs, alterations, or other
similar situations.
Access. Safe, adequate, and usable ingress or egress to a property or use.
Accessory Buildino or Structure. A structure detached from a principal structure on the
same lot, incidental to the principal building, and not designed for human habitation.
Action. The decision made by the review authority on a land use application, including
appropriate findings, environmental determination and conditions of approval, where ap-
plicable.
Adult-oriented businesses. See Section
for specific definition of terms.
Aoriculture. The use of land for farming, dairying, pasteurizing and grazing, horticulture,
floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities,
including but not limited to storage, harvesting, feeding or maintenance of equipment ex-
cluding stockyards, slaughtering or commercial food processing.
Airport or HeliDort. Any area of land designated and set aside for the landing and
taking off of any aircraft regulated by Federal Aviation Administration.
~. A public or private way, at the rear or side of property, permanently reserved as
an ancillary means of vehicular or pedestrian access to abutting property.
Alteration. Any construction or physical change in the internal arrangement of rooms or
the supporting members of a building or structure, or change in the appearance of any
building or structure.
Ancillarv Use. A use incidental to and customarily associated with a specific principal
use, located on the same lot or parcel.
Animal hospital. A place where animals or pets are given medical or surgical treatment
and are cared for during the time of such treatment; the ancillary use of the premises as
a kennel or a place where animals or pets are boarded for remuneration.
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BASIC PROVISIONS. 19.02
Antenna. A device for transmitting or receiving radio, television, or any othertrans-
mitted signal.
Apartment. A portion of a structure designed and used for occupancy by 2 or more in-
dividual persons or families living independently of each other, including duplex, triplex,
fourplex, and other multi-unit configurations.
Aoplicant. Owner(s) or lessee(s) of property, or their agent(s), or person(s) who have
contracted to purchase property contingent upon their ability to acquire the necessary
permits under this Code, orthe agent(s) of such persons.
Attached. Any structure that has a wall or roof in common with another structure.
Automobile sales lot. An open area used for the display, sale and/or rental of new or
used automobiles.
Automobile Service Station. An area which provides for the servicing or fueling of
motor vehicles, including tube and tire repairs, battery charging, storage of merchandise
and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel
and lubricants, motor vehicle washing, grease racks, and motor vehicle repairs, exclud-
ing body and fender work, engine overhauling and replacement, transmission work and
other similar activities. .
Automobile wrecking. The wrecking or dismantling of used motor vehicles or trailers,
or the storage of, sale of or dumping of dismantled, partly dismantled, or wrecked motor
vehicles or their parts.
Awnin9. A roof-like cover that is attached to and projects from the wall of a building for
the purpose of shielding from the sun.
Basement A story partly or completely underground. A basement shall be counted as
a story for purposes of height measurement where any portion of a basement has more
than 1/2 of its height above grade.
Bed and Breakfast. A transient lodging establishment primarily engaged in providing
overnight or otherwise temporary lodging for the general public and may provide break-
fast to the extent otherwise permitted by law.
~. A mound or embankment of earth.
em. A parcel of land surrounded by public streets, highways, freeways, railroad
rights-of-way, flood control channels, creeks, washes, rivers or unsubdivided acreage or
any combination thereof.
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BASIC PROVISIONS. 19.02
Block Face. One complete side of a block, usually facing a public street.
-,
BoardinQ House. A structure where lodging and meals for between -5"and 15 boarders
is provided for compensation.
Buildina. Any structure having a roof supported by columns or walls.
BuildinQ Area. The net portion of the lot remaining after deducting all required setbacks
from the gross area of the lot.
Building CoveraQe. The percent of lot area which may be covered by all the footprints
of buildings or structures on a lot.
Buildina Heiaht. The building height is the vertical distance from the finished grade to
the highest point of the structure, excluding chimneys and vents. Please refer to Sec-
tion for specific provisions (e.g., building pad, foundation, etc.).
Buildina. Princioal. A building in which the principal use is conducted.
Buildina Site. The ground area of a building together with all open spaces required by
this Code.
Carport. A permanent roofed structure not completely enclosed to be used for vehicle
parking for the occupants of the premises.
/
Certificate of Occuoan<;v. A permit issued by the Building ancfSiiftlfy Department prior
to occupancy of a structure to assure that the structure is ready for occupancy with all
defects corrected and all construction debris removed and the site graded to final grade.
Additionally, all on-site amenities (I.e., paving, landscaping, etc.) shall be in place prior
to the issuance of the permit.
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BASIC PROVISIONS. 19.02
~. The City of San Bernardino.
Clirlk;. A place for outpatient medical services to human patients.
QlliQ. An association of persons (whether or not incorporated) organized for some com-
mon non-profit purpose, but not including a group organized primarily to render a ser-
vice customarily carried on as a business.
Combination Residence/Office Use. A structure used for a residence and an office
where no major external structural alterations or additions are made and no advertising
is permitted except for up to a 2 sqaure foot attached sign identifying the name of the
occupant or business.
Commercial Vehicle. A vehicle customarily used as part of a business for the transporta-
tion of goods or people.
Commission. The Planning Commission of San Bernardino.
Community Apartment. A development in which an undivided interest in the land is
coupled with the right of exclusive occupancy of an apartment located on the land.
Communitv Care Facility. Consistent with Health and Safety Code (Section 1267.8) the
intermediate care facility shall include provisions for developmentally disabled habilita-
tive - nursing or congregate living.
Conditional Use Permit. A discretionary entitlement which may be granted under the
provisions of this Code and which when granted authorizes a specific use to be made of
a specific property, subject to compliance with all terms and conditions imposed on the
entitlement.
Condominium. A development consisting of an undivided interest in common for a por-
tion of a parcel coupled with a separate interest in space in a residential or commercial
building on the parcel.
Construction Commencement. Satisfactory completion of the site preparation, grading,
forms and foundations, including reinforcing steel, and all electrical, plumbing and air
conditioning groundwork.
Council. The Mayor/Common Council of San Bernardino.
County. The County of San Bernardino, hereafter referred to as "County".
.Qmm. An open, unoccupied space, other than a yard, on the same lot with a building
and bounded on 2 or more sides by the walls of a building.
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BASIC PROVISIONS. 19.02
Dav Care Facilitv. Children. A facility which provides non- medical care to children
under 18 years of age in need of personal services, supervision, or assistance essen-
tial for sustaining the activities of daily living or for the protection of the individual on
less than a 24 hour basis. Consistent with Health and Safety Code (Section 1596.78),
family day care homes are further divided into the following 'categories: Small (up to 6
children), medium (7 to 12 children) and large (13 + children). Day Care facilities in-
clude family day care homes, infant centers, pre-schools, and extended day care
. facilities.
Qw. Shall always be consecutive calendar days unless otherwise stated.
Densitv. The number of dwelling units per gross acre, unless otherwise stated, for
residential uses.
Deoartment. The San Bernardino City Planning and Building Services Department,
hereafter referred to as the "Department".
DesiQn. Includes the planning and engineering of the following: street alignments,
grades and widths; drainage and sanitary facilities and utilities, including alignment and
grades thereof; location and size of all required easements and rights-of-ways; fire
roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedi-
cated for park or recreational purposes; building and other such specific physical re-
quirements.
Detached. Any building or structure that does not have a wall or roof in common with
any other building or structure.
Develooment. The placement or erection of any solid material or structure; discharge
or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grad-
ing, removing, dredging, mining or extraction of any soil or materials; change in the den-
sity or intensity of use of land, including, but not limited to, subdivision pursuant to the
Subdivision Map Act (commencing with Section 66410 of the Government Code), and
any other division of land, including lot splits, except where the land division is brought
about in connection with the purchase of such land by a public agency for public recrea-
tional use; change in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition, or alteration of the size of any structure including any facility
of any private, public or municipal utility; and the removal of any major vegetation. As
used in this Code, "structure" includes but is not limited to any building, road, pipe,
flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and
distribution line. A "project", as defined in Government Code Section 65931, is included
with this definition.
Development Code. A unified text incorporating those areas of regulation more typically
presented in separate zoning and subdivision ordinances and related chapters of the
Municipal Code, hereafter referred to as the "Code". .
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BASIC PROVISIONS. 19.02
Director. The Director of the San Bernardino Planning and Building Services Depart-
ment, hereafter referred to as "Director".
Dormitorv. A structure intended principally for sleeping accommodations, and where no
individual kitchen facilities are provided, where such structure is related to an education-
al or public institution or is maintained and operated by a recognized non-profit welfare
organization.
Dwellino. A structure or portion thereof designed for residential occupancy, not includ-
ing hotels or motels.
Dwellina. Multiple. A structure containing 2 or more dwelling units or a combination of 2
or more separate single family dwelling units.
DwellinQ Unit. One or more rooms including bathroom(s) and a kitchen, designed as a
unit for occupancy by 1 family for living and sleeping purposes.
Easement. A grant of 1 or more property rights by the property owner for the use by
the public, a corporation or another person or entity.
Educational Institution. A school, college or university, supported wholly or in part by
public funds or giving general academic instruction equivalent to the standards
prescribed by the State Board of Education.
Entertainment. Any act, play, revue, pantomime, scene, dance act, or song and dance
act, or any combination thereof, performed by 1 or more persons whether or not they
are compensated for the performance.
Family. An individual, or 2 or more persons related by blood, marriage or legal adop-
tion, or a group of not more than 6 persons who are not so related living together as a
single housekeeping unit.
Frontaae. The side of a lot abutting a street (the front lot line), except the side of a
comer lot.
STREET
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BASIC PRO'llS10NS - '9.02
Front wall. The nearest wall of a structure to the street upon which the structure faces,
but excluding cornices, canopies, eaves, or any other architectural embellishments.
GaraQe. An enclosed building, or a portion of an enclosed building used for the parking
of vehicles.
General Plan (Amendment). The City of San Bernardino General Plan as adopted by
the Mayor and Common Council, who may amend the Plan from time to time, hereafter
referred to as the "General Plan".
Grade. The lowest horizontal elevation of the finished surface of the ground, paving, or
sidewalk at a point where the height is to be measured. The degree of rise or descent
of a sloping surface.
8%
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80
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BASIC PROVISIONS - 19.02
"Granny" Flat. An additional dwelling unit not exceeding 640 square feet in area having
separate living and sanitation facilities attached or detached from an existing single
family dwelling on a lot designated for single family use as defined in Government Code
Section 65852.1.
Gross Acreaoe. The total area within the lot lines of a lot or parcel of land before public
streets, easements or other areas to be dedicated or reserved for public use are
deducted from such lot or parcel, and does not include adjacent lands already dedi-
cated for such purposes.
Utility Easement
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GROSS ACREAGE
Gross Floor Area. The area included within the surrounding exterior finish wall surface
of a building or portion thereof, exclusive of courtyards.
Guest House. Living quarters, having no kitchen facilities, located on the same
premises with a main building and occupied for the sole use of members of the family,
temporary guest, or persons permanently employed on the premises.
Half Storv. A story under a gable, hip or gambrel roof, plates of which are not more
than 2 feet above the floor of such story.
Home Occupation. An activity conducted in compliance with Chapter 19.30 carried out
by an occupant conducted as an accessory use within the primary dwelling unit.
Hospital. An institution, designed within an integrated campus setting for the diagnosis,
care, and treatment of human illness, including surgery and primary treatment.
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BASIC PROVISIONS -19.02
.!::!.Qlil.!. Guest rooms or suites occupied on a transient basis for compensation. All ' . .;-
rooms shall gain access from an interior hallway.
Junk and 8alvaQe Facility. Primary or accessory use of structures and/or land for
storage, dismantling and/or selling of cast-off, unused, scrap or salvage material of any
sort.
Kennel. Any lot where 4 or more dogs, cats, or other small animals over the age of 4
months are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting, in-
cluding places where said animals are boarded, kept for sale, or hire.
Kitchen. Any room, all or part of which is designed and/or used for storage, refrigera-
tion, cooking and the preparation of food.
LandscapinQ. An area devoted to or developed and maintained predominantly with na-
tive or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant
materials; and also including accessory decorative outdoor landscape elements such
as pools, fountains, paved or decorated surfaces (excluding driveways, parking, load-
ing, or storage areas), and sculptural elements.
Land Use District. A portion of the City within which certain uses of land and structures
are defined, and regulations are specified.
1Q1. A parcel, tract or area of land established by plat, subdivision, or as otherwise per-
mitted by law, to be used, developed or built upon. The classification of lots are:
Corner. A lot located at the intersection of 2 or more streets at an angle of not
more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be
considered an "interior lot".(8ee Figure -l.
EIag.. A lot having access or an easement to a public or private street by a nar-
row, private right-of-way.
Interior. A lot abutting only 1 street.
JSn. A lot with a side line that abuts the rear line of any 1 or more adjoining lots.
Reverse Corner. A corner lot, the rear of which abuts the side of another lot.
Throuah. A lat having frontage on 2 generally parallel streets, with only 1 primary
access.
Lot Area. The total horizontal area included within the lot lines of a lot.
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BASIC PROVISIONS -19.02
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tTA LOTB. LOTC .6,800, y
:7.200 S.F.: 6.480j 7.200 S.F'j S.F/ LOT E
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LOT A 7.200 S.F.
LOTB 6.480 S.F.
LOTC 7,200 S.F.
LOTD 6,800 S. F.
LOT E 7,920 S.F.
LOT F 7,600 S.F.
TOTAL 43,200 S.F.
43,200 S.F.+6 LOTS = 7,200 S.F. AVE.
FRONT LOT UHf
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BASIC PROVISIONS. 19.02
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"- FRONT SETBACK LINE
1'1- 1'111
BASIC PROVISIONS - 19.02
Lot Averaging. The design of individual adjoining lots within a residential subdivision in
which the average lot area equals the minimum prescribed area for the applicable land
use district. To maintain an average, some lots may be reduced to a maximum of 10 %
below the minimum lot size, while a corresponding number of lots shall each maintain a
lot area of at least 10% above the minimum lot size.
Lot Depth. The average distance between the front and rear lot lines or between the
front line and the intersection of the two side lines, if there is no rear line.
Lot Frontage. The portion of the lot contiguous to the street.
Lot Line. Any boundary of a lot. The classifications of lot lines are:
Front. On an interior lot, the line separating the parcel from the street. On a
comer lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are
equal in length, the front lot line shall be determined by the Director.) On a
through lot, the lot line abutting the street providing the primary access to the lot.
Interior. Any lot line not abutting a street.
~. A lot line, not intersecting a front lot line, which is most distant from and
most closely parallel to the front lot line. In the case of an irrigularly shaped lot or
a lot bounded by only three lot lines, a line within the lot having a length of 10
feet, parallel to and most distant from the front lot line shall be interpreted as the
rear lot line for the purpose of determining required yards, setbacks, and other
provisions of this Code.
~. Any lot line which is not a front or rear lot line.
Lot Width. The horizontal distance between the side lot lines, measured at right angles
to the lot depth at a midway point between the front and rear lot lines.
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BASIC PROVISIONS .19.02
Manufactured Home. A structure, transportable in 1 or more sections, and which is built
on a permanent chassis and designed to be used as a dwelling with or without a per-
manent foundation when connected to required utilities.
Median. A paved or planted area separating a street or highway into 2 or more lanes of
opposite direction of travel.
Mixed Use Develooment. The development of a parcel(s) or structure(s) with 2 or more
different land uses such as, but not limited to a combination of residential, office,
manufacturing, retail, public, or entertainment in a single or physically integrated group
of structures.
Mobile Home. Same as "Manufactured Home", but subject to the National Manufac-
tured Housing and Construction and Safety Act of 1974.
.MQ1e1. Guest rooms or suites occupied on a transient basis for compensation with all
rooms gaining access from an exterior walkway.
Net Acreage. The total area within the lot lines of a lot or parcel of land after public
street easements or other areas to be dedicated or reserved for public use are
deducted from such lot or parcel.
NonconforminQ Structure. A structure which conformed to applicable laws when con-
structed but does not conform to the provisions of this Code.
NonconforminQ. lIIeaal. A structure, lot, or use which did not conform to applicable
laws when constructed or initiated, and does not conform to the provisions of this Code.
Nonconformina Lot. A lot, the area, frontage or dimensions of which do not conform to
the provisions of this Code.
Nonconformina Use. A use complying with applicable laws when established but does
not conform to the provisions of this Code.
Parcel. A parcel of land under one ownership that has been legally subdivided or com-
bined and is shown as a single parcel on the latest equalized assessment roll.
Person. Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, company, joint stock association, corporation, estate, trust, or-
ganization, business, business trust, public agency, school district, State of California,
and its political subdivisions or instrumentalities, receiver, syndicate or any group or
combination thereof, acting as a unit, including any trustee, receiver or assignee.
Parkw~. The area of a public street that lies between the curb and the adjacent proper-
ty line or physical boundary definition such as fences or walls, which is used for
landscaping and/or passive recreational purposes.
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BASIC PROVISIONS - 19.02
Permitted Use. Any use allowed in a land use district and subject to the provisions ap-
plicable to that district.
Principal Use. The primary or predominant use of any lot, building or structure.
Public Right-of-W&y. A strip of land acquired by reservation, dedication, prescription or
condemnation and intended to be occupied by a road, trail, water line, sanitary sewer
and/or other public uses.
Quarry. A place where rock, ore, stone and similar materials are excavated, processed
for sale or for off-site use.
Queue Line. An area for temporary parking and lining of motor vehicles while awaiting
a service or other activity.
Recreational Vehicle. A vehicle towed or self-propelled on its own chassis or attached
to the chassis of another vehicle and designed or used for recreational or sporting pur-
poses. The term recreational vehicle includes, but is not limited to, travel trailers, pick-
up campers, camping trailers, motor coach homes, converted trucks or buses and
boats, and boat trailers.
Recycling. The process by which waste products are reduced to raw materials and
transformed into new products, including automobiles.
Residential Care Facility. A family home, group care facility, or similar facility for 24
hour non-medical care of persons in need of personal services, supervision or assis-
tance essential for sustaining the activities of daily living or for the protection of the in-
dividual.
Resort Hotel. A group of buildings containing guest rooms and providing outdoor recrea-
tional activities.
Rest Home. Premises used for the housing of and assisted caring for the aged and in-
firm. There shall be only incidental convalescent care not involving either a nurse or
physician residing on the premises. There shall be no surgery, physical therapy or
other similar activities.
Restaurant. A use providing preparation and retail sale of food and beverages, includ-
ing cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out (Le.,
pizza), and similar uses, and may include licensed "on-site" provision of alcoholic
beverage for consumption on the premises when accessory to such food service.
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BASIC PROVISIONS -19.02
Restaurant. Drive-Thru. A use providing preparation and retail sale of food and
beverages, as defined under "Restaurant" with the added provision of 1 or more drive-
thru lanes for the ordering and dispensing of food and beverages to patrons remaining
in their vehicles.
Review Authority. The person, committee, Commission or Council responsible for the
review and/or final action on a land use entitlement.
Roundina of Quantities. The consideration of distances, parking spaces, unit density,
density bonus calculations, or other aspects of development or the physical environ-
ment expressed in numerical quantities which are fractions of whole numbers; the num-
bers are to be rounded to the nearest highest whole number when the fraction is .5 or
more, and to the next lowest whole number when the fraction is less than .5, except as
otherwise provided in this Code.
Satellite Dish Antenna. An apparatus capable of receiving or transmitting communica-
tions from a satellite.
Schools Elemental}' Junior and High. Institutions of learning which offer instruction in
the several branches of study required to be taught in the public schools by the Educa-
tion Code of the State of California.
Second Dwelling Unit. An additional dwelling unit not exceeding 640 square feet,
having separate living and sanitation facilities attached or detached from an existing
single-family dwelling on a lot designated for single-family or multi-family use as defined
in Government Code Section 65852.2.
Senior HousinQ. A structure(s) providing residence for a group of senior citizens (60
years of age or more) with central kitchen, dining, recreational, etc. facilities with
separate bedrooms and/or living quarters. . '.~_' 0
/
Setback. The required distance that a building or structure must be located from a lot
line. On comer lots, the shortest street frontage shall be the front yard in residential
land use districts, while the longest street frontage shall be the front yard in commer-
cial/industrialland use districts. On flag lots, the rear yard location shall be determined
through project review.
\
Setback. Front Average. The average front yard setback of a group of 5 adjacent dwell-
ing units. The setback on any unit may vary up to 10 feet as long as the average set-
back of all 5 units equals a minimum req uired for the zoning district.
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BASIC PROVISIONS - 19.02
Building
setback
illllllllllllllllllllllllllllllllllllllrlllll .-
.....
w
w
'"
.....
lI>
'"
CO<
...."
Parking
setback
.
I~
l
I
.
.
~..
. :.~
Landscape
setback
J:;J}
o
..
STREET
Co
CO<
.....
M
.,
CO<
.
..--I-
UNIT A.....25'
UNIT 8.....37'
UNIT C.....28'
UNIT D.....23'
UNIT E.....37'
150'
150'--5 LOTS=30' AVERAGE
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BASIC PROVISIONS. 19.02
SidewalklParkinQ Lot Sale. A promotional sales event conducted by 1 or more busi-
nesses which is held outside the confines of the commercial or manufacturing struc-
ture(s) in which such business is normally conducted and which sale involves the out-
door display within a paved or concreted area on the same lot as the structure(s) of
merchandise which is normally displayed within the structure(s). Sale events shall be
conducted solely on private property and not encroach within public rights-of-way.
Sign. Any object, device, display or structure, situated outdoors or indoors, which is
used to advertise, identify, display, direct or attract attention. (See Chapter 19.16 for
sign standards and additional definitions).
~. The degree of deviation of a surface from the horizontal, usually expressed in
percent or degrees (See "Grade").
Solar Facilities. The airspace over a parcel that provides access for a solar energy sys-
tem to absorb energy from the sun.
Soecific Plan. A plan consisting of text, maps, and other documents and exhibits
regulating development within a defined area of the City, consistent with the General
Plan and the provisions of Government Code Section 65450 et. seq.
Stable. Commercial. A structure for the keeping of horses, mules or ponies which are
rented, used or boarded for compensation.
Stable. Private. An accessory structure for the keeping of horses or ponies for the use
of occupants of the premises so
long as the number of animals kept do not exceed those permitted by Section
19.06.030 (F).
Standard Industrial Classification ISIC) System. The classification of establishments by
type of activity which is determined by its principal product or group of products
produced or distributed, or services rendered. The purpose of the system is to facilitate
the collection, tabulation, presentation and analysis of data relating to the estab-
lishments.
Storace. A space or place where goods, materials and/or personal property is stored.
~. That portion of a building included between the surface of any floor and the sur-
face of the floor next above it, or if there is no floor above it, then the space between
such floor and the ceiling above it.
Street. Any public or private thoroughfare, which affords a primary means of access to
abutting property.
Structure. Anything constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground.
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BASIC PROVISIONS. 19.02
Swao Meets. (Indoor/Outdoor) Retail sale or exchange of new, handcrafted, and/or
secondhand merchandise during daylight hours on weekends and holidays by in-
dividuallicensed vendors.
Temporary Use. A use established for a specified period of time, with the intent to dis-
continue the use at the end of the designated time period.
Transient Basis. A continuous period of 2 weeks or less.
.usa. The purpose (type and extent) for which land or a building is arranged, designed,
or intended, or for which either land or a structure is occupied or maintained.
Use Initiation. The implementation of a use on a parcel or occupancy of a structure, or
construction of substantial site improvements after a building permit has been issued,
subject to determination by the Director.
Variance. A descretionary entitlement which permits the departure from the strict ap-
plication of the development standards contained in this Code.
Yam. An open space on a parcel of land, other than a court, unobstructed and unoc-
cupied from the ground upward, except for projections permitted by this Code.
Yard. Front. An area extending across the full width of the lot between the front lot line
or the existing or future street right-of-way and a structural setback line parallel thereto.
Yard Interior Side. An area extending from the required front yard or, where there is no
required front yard, from the front lot line to the required rear yard or, where there is no
required rear yard, to the rear lot line and from the interior side lot line to a setback line
parallel thereto.
Yard. Rear. An area extending across the full width of the lot between the rear lot line
and a setback line parallel thereto.
Yard rear. side street. An area extending from the required front yard or, where there is
no required front yard, from the front lot line to the rear lot line, and from the side street
lot line, or the existing or future side street right-of-way (which ever is greater) to a struc-
tural setback line parallel thereto.
Zero Lot Line. The location of a structure on a lot in such a manner that 1 or more of
the structure's sides rest directly on a lot line.
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BASIC PROVISIONS -19.02
19.02.060 ESTABLISHMENT OF LAND USE DISTRICTS
1. ESTABLISHMENT OF DISTRICTS
San Bernardino shall be divided into land use districts which consistently imple-
ment the General Plan. The following districts are established:
RE (Residential Estate) District
RL (Residential Low) District
RS (Residential Suburban) District
RU-1 (Residential Urban-7200 Sq. Ft.) District
RU-2 (Residential Urban-6200 Sq. Ft.) District
RM (Residential Medium) District
RMH (Residential Medium-High) District
RH (Residential High) District
CN (Neighborhood Commercial) District
CO-1 (Commercial Office) District
CO-2 (Commercial Office-Conversion) District
CG-1 (Commercial General) District
CG-2 (Commercial General-Base Line/Mt. Vernon) District
CG-3 (Commercial General-University Village) District
CGc4 (Commercial General- Theme Center[sJ) District
CR-1 (Commercial Regional-Malls) District
CR-2 (Commercial Regional-Downtown) District
CR-3 (Commercial Regional-Tri-City/Club) District
CH (Commercial Heavy) District
OIP (Office Industrial Park) District
IL (Industrial Light) District
IH (Industrial Heavy) District
IE (Industrial Extractive) District
OS (Open Space) District
PF (Public Facilities) District
SP (Specific Plan) District
A (Airport Overlay) District
FC (Freeway Corridor Overlay) District
FF (Foothill Fire Zones Overlay) District
FP (Flood Plain Overlay) District
HM (Hillside Management Overlay) District
HP (Historic Preservation Overlay) District
MS (Main Street Overlay) District
2. ADOPTION OF LAND USE DISTRICT MAP
The boundaries of the land use districts established by this Section shall be
shown upon the map designated as the .City of San Bernardino Official Land
Use District Map., on file with the City Clerk, and available at the Department.
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BASIC PROVISIONS. 19.02
3. RULES APPLYING TO UNCERTAIN BOUNDARIES ON LAND USE
DISTRICT MAP
The following shall apply in determining uncertain boundaries of a district as
shown on the Official Land Use District Map:
A. Where a boundary follows a public street or alley the centerline of the
street shall be the boundary. Where a boundary follows a lot line, the lot
line shall be the boundary.
B. Where a district boundary divides a lot or parcel, the location of the
boundary, unless indicated by dimension, shall be determined by referenc-
ing the adopted Land Use District Map and/or legal description of the ap-
proved general plan amendment case for exact dimensions.
C. Where any public street is officially vacated or abandoned, the land
use district regulations applied to abutting property shall thereafter extend
to the centerline of such vacated or abandoned right- of-way.
D. In case any uncertainty exists, the Director shall detenmine the location
of the district boundary.
19.02.070 GENERAL REQUIREMENTS
1. APPLICATION
All land or buildings shall be used and constructed in accordance with this Code.
2. CONFLICTING PERMITS AND LICENSES TO BE VOIDED
All penmits or licenses shall be issued in conformance with the provisions of this
Code. Any penmit or license issued in conflict with this Code shall be null and
void.
3. SIMILAR USES PERMITTED
When a use is not specifically listed in this Code, it shall be understood that the
use may be permitted if it is detenmined by the Director, pursuant to Section
19.04.030 that the use is similar to other uses listed.
4. MINIMUM REQUIREMENTS
When interpreting and applying the regulations of this COde,the provisions shall
be the minimum requirements, unless otherwise stated.
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BASIC PROVISIONS -19.02
5. CONFLICT WITH OTHER REGULATIONS
Where conflicts occur between the provisions of this Code and the Building Code
or other regulations of the City, the more restrictive shall apply.
It is not intended that this Code shall interfere with, repeal, abrogate or annul any
easement, covenant, or other agreement in effect at the time of adoption. Where
this Code imposes a greater restriction upon the use of structures or land, the
provisions of this Code shall apply.
Nothing contained in this Code shall be deemed to repeal or amend any regula-
tion of the City requiring a permit or license or both. Nor shall anything in this
Code be deemed to repeal or amend the Building Code of the City.
19.02.080 DENSITY AND INTENSITY
The density and intensity limitations established in the Land Use Element of the
General Plan shall apply to each lot.
19.02.090 SEVERABILITY
If any chapter, section, subsection, sentence, clause, or phrase of this Code is for any
reason, held to be invalid or unconstitutional, such decision shall not effect the validity
of the remaining portions of this Code. The Council hereby declares that it would have
adopted this Code and each chapter, section, subsection, sentence, clause, or phrase
thereof irrespective of the fact that any 1 or more portions of this Code might be
declared invalid.
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RESIDENTIAL DISTRICTS - 19.04
ARTICLE II - LAND USE DISTRICTS
CHAPTER 19.04
RESIDENTIAL DISTRICTS
19.04.010 PURPOSE
1. The purpose of this Chapter is to achieve the following:
A. Reserve neighborhood areas for residential living with a broad range
of dwelling unit densities (Le., low-density estate, single-family detached
and attached, multi-family, and housing for special needs) consistent with
the General Plan and appropriate standards of public health, safety, wel-
fare, and aesthetics.
B. Ensure adequate light, air, privacy, and open space for each dwelling.
C. Minimize traffic congestion and avoid the overloading of public services
and utilities.
D. Protect residential neighborhoods from excessive noise, illumination,
unsightliness, odor, smoke, and other objectionable influences.
E. Facilitate the provision of public improvements commensurate with
anticipated increase in population, dwelling unit densities, and service re-
quirements.
F. Provide lands to accommodate housing units which meet the diverse
economic and social needs of the residents; locating development to
achieve the following:
I. Retain the scale and character of existing residential
neighborhoods;
2. Facilitate the upgrade of declining and mixed-density residential
neighborhoods; and
3. Allow expansion into vacant and low-intensity use lands within
infrastructure and environmental constraints.
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COMMERCIAL ZONES -19.06
2. The purpose of the individual -residential land use districts is as follows:
A. RE (RESIDENTIAL ESTATE) DISTRICT
This district is intended for low density residential units located on large
lots and conveying an "estate" character with a minimum average lot size
of 1 gross acre per unit. Verdemont Area Plan Standards shall apply.
n '..i" '
B. Rl (RESIDENTIAL lOW) DISTRICT
This district is intended to promote the development of low-density, large
lot, single-family detached residential units with a minimum average lot
size of 10,800 square feet. The Rl district allows 3.1 units per gross acre;
recorded Tract numbers 12756 and 13172 permit a maximum density of
3.5 units per gross acre. Verdemont Area Plan Standards shall apply.
C. RS (RESIDENTIAL SUBURBAN) DISTRICT
This district is intended to promote the development of single-family
detached units in a suburban setting with a minimum lot size of 7,200
square feet, and a maximum density of 4.5 units per gross acre.
D. RU (RESIDENTIAL URBAN) DISTRICT
These districts are intended to promote the development of detached and
attached units, duplex, mobile home parks, and small lot subdivisions as
part of a residential planned development where the intent is to con-
solidate lots to achieve maximum open space. The RU-1 district requires
a minimum lot size of 7,200 square feet and the RU-2 6,200 square foot
lots for 2 single-family units or duplexes on existing lots of record,
recorded prior to June 2, 1989. The RU district allows a density of 1 to 7
units per gross acre, and permits the development of senior citizen and
senior congregate care housing at a maximum density of 12 units per
gross acre with a marketing feasibility study and a conversion plan.
E. RESIDENTIAL MULTI-FAMilY DISTRICTS
These districts are intended to promote the development of multi-family
townhomes, condominiums, and apartments..
1. RM (Residential Medium) District
This district requires a minimum lot size of 14,400 square feet with
a density of 1 to 12 units per gross acre.
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RESIDENTIAL DISTRICTS. 19.04
2. RMH (Residential Medium Hiahl District
This district requires a minimum lot size of 20,000 square feet with
a density of 1 to 21 units per gross acre.
3. RH (Residential Hiahl District
This district requires a minimum lot size of 20,000 square feet with
a maximum density of 32 units per gross acre.
All subdistricts listed above permit the development of senior
citizen and senior congegate care housing at a density of 50%
greater than that allowed in the subdistrict with a marketing
feasibility study and a conversion plan.
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11-'1
RESIDENTIAL DISTRICTS. 19.04
RE RL RS RU RM RMH RH
4. Recreational Uses
A. Clubhouses C C C C C. C C
B. Golf Course C C C C C C C
C. Golf Course Related C C C C C C C
Facilities
D. Swimming Pool /. P P P P D D D
E. Tennis Court, Private D D D D D D D
F. Trails, Equestrian P P P P X X X
5. Accessorv Uses
A. Antennae, Vertical C C C C C C C I
B. Garage D Dr D D D D D
C. Guest Houses C C C.C X X X
D. Patio D1 Dc'D'D D D D
E. Satellite Dish Antennae C C C C C C C
F. Storage -B- O-D.- D D D D
6. Q1Mr
A. Churches C C C C C C C
B. PubliC/Private D D D D D D D
Utility Facilities
C. Other such uses that the Director may find to be
similar with those uses previously listed, pursuant to
Se~tion 19.04.030.
7. Home Occupations P P P P P P P
(Subject to Home Occupation Permit)
8. Temporary Uses P P P P P P P
(Subject to Temporary Use Permit)
NOTE: Uses not specifically listed above are prohibited in accordance with Section
19.02.070.
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RESIDENTIAL DISTRICTS - 19.04
19.04.030 SIMILAR USE DETERMINATION
It is recognized that every conceivable use can not be identified in this Code, and an-
ticipating that new uses will evolve over time, this Section establishes the Director's
authority to compare a proposed use and measure it against those listed in this Code
and the Standard Industries Classification Manual for determining similarity.
In determining "similarity" the Director shall make all of the following findings:
1. The proposed use shall meet the intent of, and consistent with the goals,
objectives and policies of the General Plan;
2. The proposed use shall meet the stated purpose and general intent of the
district in which the use is proposed to be located;
3. The proposed use shall not adversely impact the public health, safety and
general welfare of the City's residents; and
4. The proposed use shall share characteristics common with, and not be of
greater intensity, density or generate more environmental impact, than those
uses listed in the land use district in which it is to be located.
19.04.040 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
The standards contained in Table 04.01 (Residential Zoning District Develop-
ment Standards) relating to density, lot area and configuration, building setbacks,
building lot coverage and height, accessory building and structure height, dis-
tance between buildings, and private outdoor living space, apply to all residential
districts, and shall be determined to be minimum requirements, unless stated as
maximum by this Code.
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''--'
RESIDENTIAL DISTRICTS. 19.04
TABLE 04.01
RESIDENTIAL ~1NC1~RICJ DEVELOPMENT STANDARDS
SblNtard RF= Rl R~ RIJ.1 RU.' R:U RUJ.I R~ C61'~ ce.k
MaximLm 3.1.,K ~ l.J..w/J..lt 4-1
Uni~ 4.5 8 8 12 21
'1'6"" 12 Senior 12 Senior 18 Senior 31 Senior 47 Senior j!~ /llE 1>0
Sbll~ 'b
LOlArea(I) 14.1lOO tAu
(s.l.) 1.... 10.800 uV. 7,200 7,200 7.200 20,000 20,000 I "','
~. 7Jo ~/.,. '/ .J4/tJNJ.
Lol Width ~o
(feel) 150 80 60 60 60 60 60 60 ~o
Lol Doplh
(feel) 100 100 100 100 100 100 100 100 lOP /(10
Front
Selbacl< 30... 25av. 20 20 25av. 20av. 2Oav. 10 ,
(feel) 35 20 min. 18 min. 20 min. 15 min. 15 min.
Rear Se_ ri
(feel) 20 2Oav. 2Oav. 10 10 10 10 10 ID
l"'....;tt. i? ....;"'.
Side
Selbacl<
Each side 1 slOly: 5' pl.. l'far... 15'olwaJl (<~ _ f5
(Ieel) 5 5 5 5 5 2 SIDry: 10' pi.. I' far... 15' olwaJl1hjl
Side Setbacl< .
SInleI Side
(feel) /5 15 15 15 15 , 5 15 15 10 f
Bui6ding
Lol Coverage
(Maximum %) 35 35 35 40 40 50 50 50 So loe
DislanCe
Be_n Bldgs.
(Ieel) 10 10 10 20 20 20 20 20 dO .N
Private
Outdoor
Uving Space ..JII..r"Oef ,I les5
(s.l.) ) NA NA NA 100 s.f. or 25% of unit sizet
'~~....o:o, O.i-J~r Sf.;; C~{' N'",," "4- JJI1 30 -1,; .{ <\1::'+ $"; tt' AreA.
Imum
Structure Ht in 3 2.5 2.5 2.5 2.5 3 3 4 J.. 1 DC
SIDries (Ieel) (45) (35) (35) (35) (35) (42) (42) (56) (30)
1\1.".;",,,,,,..,,, N~. ~ Ir Ir S g i)- IJ- Id- Id- Nfl
6 . J' of D-,eil,;"~ UAih/
0.1 "av. = Average w'~ vJ e :.-1- ..( :I:;l.l? R = i:.es;de.....+;... i'
min. = minimum E = f"a.rt ,f r~I'S M'J= i'J.~()"",
(1) For lots of record prior to June 2, 1989 the minimum lot area is 6,200 s,f. and
existing lot widths and depths are permitted.
1<: :5ee 5,"'C+,o' G
') fOf" alt,...>tlo!c 501 Ben.>s l-\-':"j~-r.
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RESIDENTIAL DISTRICTS. 19.04
TABLE 04.01
RESIDENTIAL ZONING DISTRICT DEVELOPMENT STANDARDS
Stand;ud RF RI RS RU-1 RLJ_2 RM RMH RH
Maximum
Units/Acre 3.1.3.5 4.5 8 8 12 21 32
12 Senior 12 Senior 18 Senior 31 Senior 47 Senior
Lot Area(l)
(5.1.) 1 acre 10,800 7,200 7,200 7,200 14,000 20,000 20,000
Lot Width
(feet) 150 80 60 60 60 60 60 60
Lot Depth
(feet) 100 100 100 100 100 100 100 100
Front
Setback 30av. 25av. 20 20 25 avo 20av. 20 avo
(feet) 35 20 min. 18min. 20 min. 15 min. 15min.
Rear Setback
(feet) 20 20av. 2Oav. 10 10 10 10 10
Side
Setback
Each side 1 story: 5' plus l' for ea. 15' of wall
(feet) 5 5 5 5 5 2 story: 10'plus 1'forea.15'ofwall
Side Setback
Street Side
(teet) 5 5 5 5 5 5 5 5
Building
Lot Coverage
(Maximum 'Yo) 35 35 35 40 40 50 50 50
Distance
Between Bldgs.
(feet) 10 10 10 20 20 20 20 20
Private
Outdoor
Uving Space
(5.1.) NA NA NA 300 s.f. or 25% of unit size
Maximum
Structure Ht. in 3 2.5 2.5 2.5 2.5 3 3 4
Stories (teet) (45) (35) (35) (35) (35) (42) (42) (56)
avo = Average
min. = minimum
(1 ) For lots at record prior to June 2, 1989 the minimum lot area is 6,200 s.t. and
existing lot widths and depths are permitted.
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RESIDENTIAL DISTRICTS. 19.04
SITE DEVELOPMENT STANDARDS
RE (RESIDENTIAL ESTATE) ZONE
MIN. LOT AREk I ACRE
MAX LOT COVERAGE: 35%
SITE DEVELOPMENT STANDARDS
Rl (RESIDENTIAL lOW) ZONE
MIN. LOT AREA: /O,BOO SQUARE FEET
MAX LOT COVERAGE: 35%
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RESIDENTIAL DISTRICTS - 19.04
SITE DEVELOPMENT STANDARDS
RS (RESIDENTIAL SUBURBAN) ZONE
MIN. LOT AREA: 7.200 SQUARE FEET
MAX. LOT COVERAG~ 35%
SITE DEVELOPMENT STANDARDS
RU-l (RESIDENTIAL URBAN) ZONE
MIN. LOT AREA: 7.200 SQUARE FEET
MAX. LOT COVERA~ 40%
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SITE DEVELOPMENT STANDARDS
RU-2 (RESIDENnAL URBAN) ZONE
MIN. LOT AREA: 7,200 SQUARE FEET
MAX LOT COVERAGE: 40%
SITE DEVELOPMENT STANDARDS
RM (RESIDENnAL MEDIUM) ZONE
MIN. LOT AREA: 14,400 SQUARE FEET
MAX LOT COVERAGE: 50%
./ STORY: 5' M/N. SlDE YARD SETBACK nus /' FOR EVERY IS' OF WALL HEIGHT
2 STORY: 10' MIN SIDE YARD SETBACK PLUS " FOR EVERY IS' OF WAll HEIGHT
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SITE DEVELOPMENT STANDARDS
RMH (RESIDENTIAL MEDIUM HIGH) ZONE
MIN. LOT AREA: 20,000 SQUARE FEET
MAX. LOT COVERAGE: SO%
., STORY: S'MIN. SIDE YARD SETBACK Pf.US I'FOREVERY IS'OFWALL HEiGHT
2 STORY: JO' MIN SIDE YARD SETBACK PLUS "FOR EVERY '5' OF WALL HEIGHT
SITE DEVELOPMENT STANDARDS
RH (RESIDENTIAL HIGH) ZONE
MIN. LOT AREA: 20,000 SQUARE I'm"
MAX. LOT COVERAGE: 50')1;
· I STORY: 5' MIN. SIDE YARD SETBACK PlUS I' FOR EVERY IS' OF WALL HEIGHT
2 STORY: 10' MIN SIDE YARD SETBACK Pf.US I' FOR EVERY IS' OF WALL HEIGHT
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2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.14
(Property Development Standards), the following standards shall apply to
specific residential districts:
RESIDENTIAL DISTRICTS
SPECIFIC STANDARDS
Soecific Standards RE RL RS RU RM RMH RH
1 . Accessory + + + + + + +
Structures
2. Day Care Facility
3. Density Bonus + + +
4. Front/Rear Yard
Averaging
5. Golf Courses & + + + +
Related Facilities
6. Guest House + + + +
7. Minimum Dwelling + + + + + + +
Room Size
8. Minimum Dwelling + + + + + + +
Size
9. Mobile Home & + + + + + + +
Manufactured
Housing
10. Mobile Home Park + + + +
Subdivision
11. Private Tennis + + + + + + +
Court
12. Recreational + + + + + + +
Vehicle Storage
13. Second Dwelling + + +
Unitl"Granny"Housing
14. Senior Group + + + + +
Housing
Key: "+" applies in the land use district.
3. ACCESSORVSTRUCTURES
Accessory structures in residential land use districts are subject to Planned
Development review and shall be compatible with the materials and architecture
of the main dwelling of the property. Accessory structures may ~ be con-
structed on a lot containing a main dwelling unit.
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2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.14
(Property Development Standards), the following standards shall apply to
specific residential districts:
Soecific Standards
RESIDENTIAL DISTRICTS
SPECIFIC STANDARDS
RE RL RS RU RM RMH RH CG,-J- eK-~
+
t-
+-
+
+
+
+
+
+
+
+
+
+
+
-+-
+
+
+
oj.
+
+
....
1. Accessory
Structures
2. Day Care Facility
3. Density Bonu~~j/~ + +
4. Front/Rear Yard .",.}~
Averaging
5. Golf Courses &
Related Facilities
6. Guest House
7. Minimum Dwelling
Room Size
8. Minimum Dwelling
Size
9. Mobile Home &
Manufactured
Housing
10. Mobile Home Parkor t-
Subdivision
11. Private Tennis
Court
12. Recreational
Vehicle Storage
13. Second Dwelling
UnitrGranny"Housing
i'.-. 1j; Seni~rGFQI.Ip c:.t:u./ ! . 4i + + + +
r--~....-t1OUslng
I '5. Moult, .F.M', Iy lIovs,'",,> ... -I- + + + -I- +
Key: "+" applies in the land use district.
11.0. $'.....1\ ~of SubJivis.o'
3. ACCESSORY SiRUC'TURES
/1. Pi...eJ f!e>;tle.-/,.( t + I- t t- +- T
Acce~toW"'StruCtures in residential land use districts are subject to Planned
Development review and shall be compatible with the materials and architecture
of the main dwelling of the property. Accessory structures may Q be con-
structed on a lot containing a main dwelling unit.
+
-I- -+
+
+
+
+
+
+ +
+
+
+
+
+
+
+
+
+
+
+-
+
+
+
+
+
+ +
+
+
+
+
+ +
i
+
+
+
+
+ ~
+
+
+
-+
+
+
+
+ +
+
f
~
+
+
+ +
+
+
+
+
+ +
+
+
+
+ +
+
+
+
+
+
+
+-
-+
;-
+
+
+
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4. DAY CARE FACILITY DESIGN STANDARDS
Day Care Facilities are permitted for 6 or less children, and are subject to
Planned Development Permit or Conditional Use Permit review for 7 or more
children, pursuant to Section 19.04.020. The facilities shall be constructed in the
following manner:
A. The facility shall conform to all property development standards of
the land use district in which it is located.
Medium fa~dl' large facilities shall 'lot be located within ~~o feet '1 cJ: t.tt 0" ~4t..)
another aCllty. t'o u ,e M.::tu '- J) lVC . &L ) t1"3 .
C. An outdoor play area of no less than 75 square feet per child, but in no
case less than 450 square feet in area shall be provided. The outdoor
play area shall be located in the rear yard. Stationary play equipment
shall not be located in required side yards.
B.
D. A 6 foot high solid decorative fence or wall shall be constructed on all
property lines, except in the front yard. In the front yard, the fence or wall
shall not exceed 42 inches in height. Materials, textures, colors, and
design of the fence or wall shall be compatible with on-site develop and
adjacent properties. All fences or walls shall provide for safety with con-
trolled points of entry.
E. On-site landscaping shall be consistent with that prevailing in the
neighborhood and shall be installed and maintained, pursuant to Chapter
19.22 (Landscaping Standards). Landscaping shall be provided to reduce
noise impacts on surrounding properties.
F. All on-site parking shall comply with the provisions of Chapter 19.18
(Off-Street Parking). In addition, 1 on-street passenger loading area
shall be provided and maintained for use during the hours of operation of
a small facility, and shall be located immediately adjacent to the entrance
of the center, subject to the approval of the City Engineer. Medium and
large facilities shall provide on-site vehicle turnaround or separate
entrance and exit points, and passenger loading sp. aces provided at 1 ;2
space for each 4 children. Vc. / ef!(J-ftiL i"/lD' .
-G. All on-site lighting shall be stationary, directed away from adjacent
properties and public rights-of- ways, and of an intensity compatible with
the residential neighborhood.
H. All on-site signage shall comply with the provisions of Chapter 19.16
(Sign Standards).
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I.
The facility shall contain a fire extinguisher and smoke detector
devices and meet all standards established by the City Fire Marshall.
J.
A facility within a residential land use district may operate up to 14 hours
per day, 6 days per week, between the hours df 6:00 A.M. and 8:00 P.M.
K.
Outdoor activities may only be conducted between the hours of 8:30 A.M.
to 6:00.P.M. II .. . "JL
OJ.Q \,(.d 't J\ t Il ,'Mi'.
A facility shall be state licensed and shall be operated according all
applicable state and local health and safety regulations.
L.
5. DENSITY BONUS
This section contains 2 density bonus provisions. The first entitlement is based
upon the provision of affordable housing pursuant to State Government Code
Section 65915. The second provision is intended to provide density bonus in-
centives for the incorporation of on-site amenities.
A. AFFORDABLE HOUSING
State Government Code Section 65915 provides for the granting of a den-
sity bonus or other incentives of equivalent financial value when a
developer of housing agrees to construct at least 1 of the following:
1. Twenty-five percent of the total units of a housing development
for persons and families of low or moderate income, as defined in
Section 50093 of the Health and Safety Code.
2. Ten percent of the total units of a housing development for
lower-income households, as defined in Section 50079.5 of the
Health and Safety Code.
3. Fifty percent of the total dwelling units of a housing develop-
ment for qualifying residents, as defined in Section 51.2 of the Civil
Code.
A request for a density bonus shall require Planned Development review
and be subject to the following provisions:
1. For the purpose of this Section, "density bonus" shall mean a
density increase of 25% over the otherwise maximum allowable
residential density under this Code and the General Plan. When
determining the number of housing units which are to be affor-
dable, the density bonus shall not be included.
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2. The density bonus shall only apply to housing developments
consisting of 5 or more dwelling units.
3. The density bonus provision shall not apply to senior group housing.
4. Prior to the issuance of a building permit for any dwelling unit in a
development for which "density bonus units" have been awarded or
incentives have been received, the developer shall submit
documentation which identifies the restricted units and shall enter
into a written agreement with the City to guarantee for 20 years
their continued use and availability to low and moderate-income
households. The agreement shall extend for 30 years if federal,
state, county, or city funds are utilized. The terms and conditions of
the agreement shall run with the land which is to be developed,
shall be binding upon the successor in interest of the developer,
and shall be recorded in the Office of the San Bernardino County
Recorder.
The agreement shall include the following provisions:
a. The developer shall give the City the continuing right-of-first-
refusal to purchase or lease any or all of the designated
units at the fair market value;
b. The deeds to the designated units shall contain a covenant
stating that the developer or his/her successor in interest
shall not sell, rent, lease, sublet, assign, or otherwise trans-
fer any interests for same without the written approval of the
City confirming that the sales price of the units is consistent
with the limits established for low- and moderate-income
households, which shall be related to the Consumer Price
Index;
c. The City shall have the authority to enter into other agree
ments with the developer or purchasers of the dwelling
units, as may be necessary to assure that the required dwell-
ing units are continuously occupied by eligible households.
5. "Density bonus units" shall be generally dispersed throughout a
development project and shall not differ in appearance from other
units in the development.
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B. AMENITIES BONUS PROVISION.
This provision allows an increase in the maximum permitted density of
15% in the RU, RM, RMH, and RH land use districts. Increases of up to
15% may be granted by the Commission based upon the finding(s) that
any proper combination of the following amenities are provided in excess
of those required by the applicable land use district:
1. Architectural features that promote upscale multi-family development;
- 2. Additional mature landscaping;
3. Additional open Space;
4. Attached garages;
5. Additional recreational facilities (Le., clubhouse, play area,
pool/jacuzzi, tennis court, etc.); and
6. Day care facilities.
6.
VARIABLE FRONT YAROtpROVISIONS
"
f
Front setbacks required by the base district in Table 04.01 shall be averaged on
the interior lots within a single family detached or duplex subdivision.
The front yard setback of a group of 5 adjacent dwelling units shall vary up to 10
feet from that required. The average setback of all 5 units must equal the mini-
mum required for the zoning district.
7. GOLF COURSES AND RELATED FACILITIES STANDARDS
Golf course developments are subject to Conditional Use Permit review and shall
be constructed in the following manner:
A. State-of-the-art water conservation techniques shall be incorporated into
the design and irrigation of the golf course.
B. Treated effluent shall be used for irrigation where available.
C. Golf courses incorporated into residential developments shall be
located to serve as a buffer between adjacent public rights-of-way and the
primary development.
D. Perimeter walls or fences shall provide a viewshed window design
along all public rights-of-way, incorporating a mix of plasters and wrought
iron fencing or equivalent treatment.
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E. All accessory facilities, including but not limited to, club houses,
maintenance buildings, and half-way houses shall be designed and lo-
cated to ensure compatibility and harmony with the golf course setting.
8. GUEST HOUSE DESIGN STANDARDS
Guest houses are subject to Conditional Use Permit review and shall be con-
structed in the following manner:
A. All guest houses shall conform to all development standards of the
underlying land use district.
B. There shall be no more than 1 guest house on any lot.
C. The floor area of the guest house shall not exceed 500 square feet.
D. The guest house shall not exceed the height of the main dwelling.
E. There shall be no kitchen or cooking facilities within a guest house.
F. The guest house" shall conform to all of the setback regulations outlined
in the applicable land use district.
G. A guest house shall be used only by the occupants of the main dwelling,
their non paying guests, or domestic employees. The guest house shall
not be rented.
9. MINIMUM DWELLING ROOM SIZE STANDARDS
Minimum room size standards are as follows:
Room
Minimum Area
in Square Feet
Garage
Bedroom
Full bath (Tub, toilet and lavatory)
Three-quarter bath (Stall shower,
toilet and lavatory)
Half bath (toilet and lavatory)
400
t46 /:A ()
50
40
30
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10. MINIMUM DWELLING SIZE STANDARDS
The following minimum dwelling areas are computed by calculating the living
area as measured from the outside of walls and excludes garages, carports and
exterior courtyards. .
A. The minimum area requirements for single family land use districts as
follows:
1. Single-family Detached Dwellings.
Livable Area
in Sauare Feet
Bedrooms
Maximum Number
Baths
Minimum Number
2
3 or 2 bedrooms
and den
1,9001'\
/(P!:1)--"
Condominiums) and Multi-family Developments.
1 400 ILifO
, )
1,70OR
i ,L/O U-)
1 1/2
1 3/4
4
2
2.
Livable Area
in Square Feet
Bedrooms
Maximum Number
Baths
Minimum Number
850
1,250
1,650
1
2
3
1
1 3/4
2
B. The minimum area requirements for apartments in the multi-family land
use districts are as follows:
Livable Area
in Square Feet
Bedrooms
Maximum Number
Baths
Minimum Number
600
800
1,000
1,200
1
2
3
3+
1
1 1/2
1 3/4
2
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11. MOBILE HOME AND MANUFACTURED HOUSING DESIGN STANDARDS
Manufactured or mobile homes are subject to Planned Development Permit
review and shall be installed in the following manner:
A. Mobile or manufactured homes may be used as single-family dwellings
if the home is certified under the National Mobile Home Construction and
Safety Standards Act of 1974.
B. Mobile or manufactured homes which are used as single-family
residences shall be installed on an approved permanent foundation sys-
tem in compliance with this Code.
C. Prior to the installation of any mobile or manufactured home, the Director shall
determine that the subject lot together with the proposed mobile or
manufactured home is compatible with surrounding development. This
determination shall include an assessment of on-site design and develop-
ment standards and materials, architectural aesthetics, setbacks, building
height, accessory buildings, access, off-street parking and minimum
square footage requirements, and any other criteria determined ap-
propriate by the Director.
D. The following Specific Design Standards shall govern the installation
and construction of manufactured and mobile homes.
1. All homes shall have a minimum eave dimension of 1 foot.
2. All siding shall be non-reflective and shall be installed from the
ground up to the roof.
3. All roofs shall have a minimum pitch of 1 :4.
4. All homes shall have a minimum width (across the narrowest
portion) of 20 feet.
12. MOBILE HOME PARK SUBDIVISION DESIGN STANDARDS
Mobile home parks and/or subdivisions are subject to Planned Development Per-
mit review and shall be constructed in the following manner:
A. Individual mobile home space minimum setbacks shall be measured
from the edge of internal streets and space lines as follows:
1. Front -10 feet
2. . Side - 5 feet
3. Rear - 10 feet
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B. Maximum mobile home space coverage (mobile home and its accessory
structure) shall be 75%.
C. Each mobile home shall be equipped with skirting, or provided with a
support pad which is recessed to give the appearance of the mobile home
being located on-grade.
D. All on-site utilities shall be installed underground.
E. The mobile home park shall be provided with parkingas required by
Chapter 19.18 (Off-street Parking Standards).
F. A common recreation area which may contain a recreation building
shall be provided in the park for use by all tenants and their invited guests.
The area shall be provided in 1 common location with a minimum ag-
gregate area of 400 square feet of recreational space for each mobile
home space.
G. All exterior boundaries of the mobile home park shall appear similarto
conventional residential developments and shall be screened by a decora-
tive wall, fence or other comparable device 6 feet in height, with a mini-
mum 6 foot wide landscaped area provided along the inside of the
perimeter screen.
H. Common open space shall be landscaped in accordance with a land-
scape plan approved by the review authority and in a manner consistent
with Chapter 19.22 (Landscaping Standards).
13. PRIVATE TENNIS COURT DESIGN STANDARDS
Private tennis courts are subject to Planned Development Permit review and
shall be constructed in the following manner:
A. Tennis courts shall not encroach into the front and side setback or within
10 feet of rear property line.
B. There shall be no more than 1 tennis court for each residential parcel of
land. The review authority may approve additional tennis courts in multi-
family developments in the RM, RMH, and RH land use districts.
C. Private tennis courts shall not be used for commercial purposes,
and shall be used only by the residents and their invited guests.
D. All tennis court fencing shall not exceed 10 feet in height as measured
from the court surface, and shall be completely screened from public view.
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E. All tennis courts shall be recessed 4 feet and shall be further screened
with a combination of walls, berms and landscaping.
F. A plan for overhead court lighting shall be subject to Planned Develop-
ment Permit review.
G. Ught standards shall not exceed the following heights as measured
from the court surface:
1. Eighteen feet with 4 poles on each side.
2. Twenty feet with 3 poles on each side.
H. All illumination fixtures shall be energy efficient and directed downward
and away from adjoining properties and public rights-of-way.
I. Hours of lighting operation shall be determined during permit review;
in no instance shall lighting be used after 10:00 P.M.
14. RECREATIONAL VEHICLE STORAGE FACILITIES
Developments within the multi-family land use districts shall provide recreational
vehicle storage facilities; the storage facilities shall be reviewed as part of the
Planned Development Permit and shall be constructed in the following manner:
A. Centralized storage areas shall be provided for recreational vehicles,
boats, etc., at a minimum of 1 space for each 8 dwelling units. Any frac-
tional space requirement shall be construed as requiring 1 full storage
space pursuant to Chapter 19.18 (Off- Street Parking Standards).
B. Individual storage spaces shall measure not less than 12 feet by 30 feet,
and shall have direct access to a driveway with a minimum paved width of
25 feet.
C. Storage areas shall be paved and drained.
D. Storage areas shall be completely screened from exterior view by a
combination of landscaping, masonry walls, fences or other comparable
screening devices 8 feet in height and subject to the approval of the Direc-
tor.
15. SECOND DWELLING UNITr'GRANNY" HOUSING DESIGN STANDARDS
Second dwelling units require a Planned Development Permit and shall be con-
structed in the following manner:
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D.
F.
\ H.)
A.
No more than 1 second dwelling unit shall be permitted on any
parcel or lot.
B.
A second dwelling unit may only be permitted on a residential lot on
which there is already built 1 owner occupied single-family detached dwell-
ing unit (main unit), and such second unit shall be constructed or attached
to the existing main dwelling unit living area.
C.
A second dwelling unit may not be permitted on residential lots
already having 2 or more dwelling units.
The parcel upon which the second dwelling unit is to be established shall
conform to all standards of the land use district in which it is located.
E.
Any increase in the floor area of an attached second unit shall not exceed
15% of the existing living area of the main dwelling.
The total area of floor space for a detached second unit shall not exceed
640 square feet.
G.
The second dwelling unit shall be architecturally compatible with the
main dwelling.
The second dwelling unit shall be provided with parking in addition to
that required for the main dwelling, pursuant to Chapter 19.18 (Off-Street
Parking Standards). No variance or minor exception may be filed for al-
lowing parking within the required front or sideyard setbacks.
I.
The second dwelling unit shall not be metered separately from the main
dwelling for gas, electricity, and water/sewer services.
J.
Priorto issuance of a building permit for the second dwelling unit, a
covenant of restriction to run with the land, shall be recorded which
specifies that the use of the second unit as an independent dwelling may
continue only as long as the property is owner- occupied.
K.
The applicant for the Planned Development Permit shall be the owner
of the subject property.
L.
This section shall not validate any existing illegal second dwelling unit.
An application for a permit may be made pursuant to the provisions of
Chapter 19.40 (Planned Development Permits) to convert an illegal
second unit to a conforming legal second unit, and the standards and re-
quirements for said conversion shall be the same as for newly proposed
second dwelling units.
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M. The following findings shall be made (in addition to those outlined in
Chapter 19.40 [Planned Development Permits]) in order to approve a per-
mit for a second dwelling unit:
1.
The second dwelling unit is compatibfe with the design of the
main dwelling unit and the surrounding neighborhood in terms of
landscaping, scale, height, length, width, bulk, lot coverage, and ex-
terior treatment, and will not cause excessive noise, traffic, or other
disturbances to the existing neighborhood or result in significantly
adverse impacts on public services and resources.
-
\2. )
~
The second dwelling unit shall not cause a high concentration of
such units sufficient to change the character of the surrounding
residential neighborhood.
16. SENIOR CITIZEN OR SENIOR CONGREGATE CARE DESIGN STANDARDS
Senior group housing developments are subject to Planned Development Permit
review and shall be constructed in the following manner:
A. A bus turnout and shelter on the on-site arterial frontage shall be
dedicated.
B. Private dial-a-ride transportation shuttles shall be provided; number to
be determined during project review.
C. The parcel upon which the senior group housing facility is to be
established shall conform to all standards of the underlying land use district.
D. The senior group housing shall conform with all local, state, and
federal requirements.
E. The number of dwelling units shall be based on the underlying land
use district.
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F. The minimum floor area for each residential unit shall be as follows:
Studio: 410 square feet
One-bedroom: 510 square feet if kitchen-dining
living areas are combined.
570 square feet if kitchen-dining
living areas are separate.
Two-bedroom: 610 square feet if kitchen-dining
living areas are combined.
670 square feet if kitchen-dining
living areas are separate.
G. The main entrance to the facility, common areas, all living units and
within the entire facility shall be provided with handicapped access pur-
suant to Section 19.18.050.
H. Indoor common areas and living units shall be provided with all
necessary safety equipment (e.g., safety bars, etc.), as well as emergency
signal/intercom systems.
I. Adequate internal and external lighting including walkways shall be
provided for security purposes. The lighting shall be energy efficient, sta-
tionary, deflected away from adjacent properties and public rights-of-way,
and of an intensity compatible with the residential neighborhood.
J. Common recreational and entertainment activities of a size and scale
consistent with the number of living units shall be provided. The minimum
size shall equal 1 00 square feet for each living unit.
K. Common laundry facilities of sufficient number and accessibility,
consistent with the number of living units and the Uniform Building Code
shall be provided.
L. The development may provide one or more of the following specific
internal common facilities for the exclusive use of the residents:
1. Central cooking and dining room(s).
2. Beauty and barber shop.
3. Small scale drug store not exceeding 500 square feet.
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M. Off-street parking shall be provided in the following manner:
1. One covered parking space for each dwelling unit for the
exclusive use of the senior citizen residents.
2. One uncovered parking space for every 2 dwelling units for
employee and guest use.
3. All off-street parking shall be located within 150 feet of the front
door of the main entrance.
4. Adequate and suitably striped paved areas for shuttle parking.
Shaded waiting areas shall be provided adjacent to the shuttle
stops.
5. Design standards relating to handicapped parking, access,
surfacing, striping, lighting, landscaping, shading, dimensional re-
quirements, etc. shall be consistent with the standards outlined in
Chapter 19.18 (Off-Street Parking Standards).
N. The project shall be designed to provide maximum security for
residents, guests, and employees.
O. Trash receptacle(s) shall be provided on the premises. Trash
receptacle(s) shall comply with Public Works Standard No. 508 and be of
sufficient size to accommodate the trash generated. The receptacle(s)
shall be screened from public view on at least 3 sides by a solid wall 6
feet in height and on the fourth side by a solid gate not less than 5 feet in
height. The gate shall be maintained in good working order and shall
remain closed except when in use. The wall and gate shall be architec-
turally compatible with the surrounding buildings and structures. The
receptacle(s) shall be located within close proximity to the residential units
which they are intended to serve.
P. Residential occupancy shall be limited to single persons over 60 years
of age or married couples of which one spouse is over 60 years of age.
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G19.04.050 RESIDENTIAL DEVELOPMENT DESIGN GUIDELINES
1. PURPOSE
The following design guidelines are intended as a reference to assist the designer
in understanding the City's goals and objectives for high quality residential
development. The guidelines compliment the mandatory site development
regulations contained in this chapter by providing good examples of potential
design solutions and by providing design interpretations of the various man-
datory regulations.
The design guidelines are general and may be interpreted with some flexibility
in their application to specific projects. The guidelines will be utilized during the
City's design review process to encourage the highest level of design quality
while at the same time providing the flexibility necessary to encourage creativity
on the part of project designers.
The design guidelines are formatted into two general catagories; 1) single family
residential and 2) multiple family residential. Each category is further divided
into architectural guidelines and site planning guidelines.
2. APPLICABILITY
The provisions of this section shall apply to all residential development within
the City except for the Central Business District where large scale, mid to high
rise residential structures may be located.. Any addition, remodeling, relocation
or construction requiring a building permit subject to review by the Develop-
ment Review Committee shall adhere to these guidelines where applicable.
3. SINGLE FAMILY SITE PLANNING
An important goal of the single family site planning guidelines is to create func-
tional and visual variety along local streets. It is the intent of the guidelines to
discourage subdivisions where identical homes march down long, uninterrupted
straight streets, with no variation in building placement or the street scene.
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A. VARIED FRONT SETBACKS
Placement of homes and garages close to or back from the street creates
different patterns of visible open space. The buildings themselves, when
close to the street, also add diversity to the view.
B. INTERRUPTION OF STRAIGHT STREETS'
On straight roads, knuckles or cul de sacs can be introduced to limit the
length of straight stretches.
C. VARIED SIDE YARD SETBACKS
Varying the distance between adjoining homes, or between homes and
fences, results in different types of yards and private patio areas.
Varied Front Setbacks
Interruption o( Straight Streets
litD
Staggering o( setbacks to each entry
creates variety and identity.
Varied Side Yard Setbacks
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D. AlTACHED HOUSING
Attached homes can look like two or more separate dwellings, or can look
like one large home, depending on how they are treated. Attached hous-
ing can yield larger open areas between buildings.
E. LOT ORIENTATION
On curves or at comers, lots can often be oriented in a different direction
than those at mid-block. In these cases some lots can be non-rectangular
and angled on the street.
Projects should be oriented so that a majority of primary living spaces
receive direct sunlight for the daylight hours. In new projects buildings
should be positioned to minimize the impact of shadows on adjacent
properties and within the project.
F. VARIED LOT WIDTHS
Making some lots wider, and some narrower, than the average can
provide different amounts of open area between buildings. It also allows
placement of different shapes and sizes of homes. On narrow lots, a varia-
tion of only three or four feet can make a perceptible difference.
Lot Orientalion
Varied Lot Widths
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G. VARIED GARAGE PLACEMENT AND ORIENTATION
When lot size permits, garages can be on the front side of the house and
can be entered from the front or side. They can also vary in size. Garages
can be detached and connected to the home by breezeways.
H. ZERO LOT LINE HOMES
Zero lot line homes (flush to the side lot line) lend themselves well to crea-
tion of courts and patios that a traditional center plot may prevent. The
two yield different street scenes.
I. CUL DE SAC TREATMENTS
Closed cul de sacs are preferable in general. However, for longer cui-de-
sacs, openings should be provided at the ends for pedestrians.
J. STRAIGHT AND CURVED STREETS
While straight streets are the most efficient, occasional curves can provide
changing street scenes. Curves that seem very slight in a bird's-eye view
are readily perceived by the driver and interrupt the line of sight.
Varied Garage Placement and Orientation
Zero Lot Une
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K. WALLS
Walls and fences are an integral part of the streetscape. All fencing and
walls are to be provided by each project builder at the time of develop-
ment.
Fencing or walls are required:
1. Between individual residential units and residential projects adjacent
to parks, open spaces, and major roadways.
2. Walls should be of plaster or smooth stucco finish or other approved masonry.
They should be designed in a style, materials and color to comple-
ment the dwelling units to which they are attached.
3. Other materials may include wrought iron, tile insets or grillwork.
The recommended choice for wrought iron is 1" pickets, at a maxi-
mum of 6" on center.
4. Wall planes should be articulated per the following standards:
a. Length: No wall should make a continuous unarticulated
plane of more than 50'. The wall should make a jog which
measures a minimum of 18" deep by 8' long every 50'.
b. Pilasters: Pilasters should be placed a minimum of every 25'
and on every change in wall direction or 5' elevation change.
c. Height: Wall height should not exceed 6'.
.~.:
-f
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70'
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t-
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".. ...
Elevation of Staggered Wall
Elevation of Planters/Wall
~~-'-~ ..~.~.....
Elevation of Wall with Breaks
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1. GARAGES
1. Garage door setbacks should allow driveway parking that keeps
the sidewalk clear of vehicles. Garage door setbacks from the back
of sidewalk should be avoided between five and eighteen feet.
2. Garages should have a single story mass at the front of the building
to provide an architectural transition in two story massing.
3. Angled garages are encouraged to break up the monotony of all
garage doors being parallel to the street.
'~~m%HaW
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5-20 If. Driveway
Cars wfll park in tao short of
a driveway creating Q traffic
hazard - pedestrian traffic
is forced out info road.
0-5 If. Driveway
Cars are discouraged from
parking in too short of a
driveway - pedestrian traffic
unobstructed.
25 If. Driveway
Adequate space for 0((-
street parking - pedestrian
Jane nof severely obstructed.
Garage has single story mass.
Upper portion of building is set back.
Stepped setbacks to match
adjacent buildings.
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M. INFILL IN EXISTING NEIGHBORHOODS
To the extent possible, new single family development in existing neigh-
borhoods should be integrated with the housing units in the adjacent area.
1. Site setbacks of residential projects should be either:
a. Equal to the average setback of all residences and buildings
on both sides of public streets within 100 feet of the property
lines of the new project, or;
b. Equal to the average of the two immediately adjacent buildings.
In cases where averaging between two adjacent existing buildings
is chosen, the new building may be averaged in a stepping pattern
between the setbacks of adjacent buildings, or the new building's
entire frontage may be built on the average setback line.
_"_n_.._
0"-
~A:! 0
Stepped setbacks to match
adjacent buildings.
o 0
DOli 0
Average of setbacks on both
sides of street.
Average of setbacks of
adjacent buildings.
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2. New development in existing neighborhoods should incorporate
distinctive architectural characteristics of surrounding develop-
ment, for example: window and door detailing, decoration,
materials, roof style and pitch, finished-floor height, porches, bay
windows, and the like.
3. New development should continue the'functional, on-site relation-
ships of the surrounding neighborhood, For example, in many
older neighborhoods common patterns that should be continued
are entries facing the street, front porches, and parking at the rear.
Roof Vent
Brackett
Gable End
Porch
Roof Vent
Gabl9 End
Typical Brackels
Porch
Roof Vent
Rafter Tails
Porch
N. GRADING
Development should relate to the natural surroundings and minimize
grading by following the natural contours as much as possible. Graded
slopes should be rounded and contoured to blend with the existing ter-
rain. Significant natural vegetation should be retained and incorporated
into the project whenever possible. Contact the City's Parks, Recreation
and Community Services Department regarding requirements for cer-
tified arborist report concerning existing vegetation.
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4. SINGLE FAMILY ARCHITECTURE
There is no particular architectural "style" required for residential structures but
the focus should be on the development of a high quality residential environ-
ment. In general, the architecture should consider compatibility with surround-
ing character, including harmonious building style, form, size, color, material,
and roof line. Individual dwelling units should be distinguishable from one
another.
A. FACADE AND ROOF ARTICULATION
The articulation of building facades and the massing of buildings give
them richness and scale. Long uninterrupted exterior walls should be
avoided on all structures. All structured walls must have "relief" to create
an interesting blend with landscaping, buildings, and the casting of
shadows. The integration of varied texture, relief, and design accents on
building walls can soften the architecture.
For sloped roofs, both vertical and horizontal articulation is encouraged.
Roof lines should be representative of the design and scale of the units
under them. Roof articulation may be achieved by changes in plane of no
less than 2 feet 6 inches and/ or the use of traditional roof forms such as
gables, hips, and dormers. Flat roofs and A-frame type roofs are
prohibited.
Undesirable Architectural
Treatment Vedical Adiculation Added
Mulfi Planed
R.oo(s and Awnings
Add Desirable Adiculation
Horizontal Adiculation Added
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B. VARIED BUILDING DESIGN
Building designs should be varied in tract developments to create variety
and interest. A significant difference in the massing and composition (not
just finish materials) of each adjacent house must be accomplished. One
design should not be repeated more frequently than each fourth house.
C. ATIACHED UNITS
1. Single family attached products should be architecturally articulated
to project an image of customized homes. Preferred configurations
include architectural treatment either as apparently large single-
family units or as traditionally classic rowhouses.
2. Walls or other features should be used to lengthen the horizontal
elements of elevations and reduce the visual impact of garage
doors.
3. Driveways should be grouped with a separating planting strip to
provide maximum effective turf areas.
4. Garages should have single-story mass at the front of the building
to allow a stepped-back architectural transition into two story mass-
ing. Garages shall be set back from the street sufficiently to allow
driveway parking without overhanging the sidewalk.
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D. SCALE
Structural form and scale should relate to the use of the building as a
single family residence. Also, the scale of buildings should be within a
human scale so as not to overwhelm or dominate its surroundings.
E. MATERIALS
The choice and mix of materials on the facades of buildings and garage
doors is important in providing an attractive living environment.
Materials should be consistently applied and should be chosen to work
harmoniously with adjacent materials. Piecemeal embellishment and fre-
quent changes in materials should be avoided.
Materials tend to appear substantial and integral when material changes
occur at changes in plane. Material or color changes at the outside
comers of buildings give an impression of thinness and artificiality which
should be avoided. Material changes not accompanied by changes in
plane also frequently give material an insubstantial or applied quality.
Materials to be avoided include; metal or aluminum siding and roofs,
reflective materials and finishes, and unfinished concrete block.
F. VENTS AND DOWNSPOUTS
Roof flashing, rain gutters, and downspouts, vents, and other roof
protrusions are to be finished to match the adjacent materials and/ or
colors.
Change in plane with
change in material
Recammended
Material or color change
at outside comer
Not recommended
Co-planer materials
Not recommended
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G. EQUIPMENT SCREENING
Any equipment, whether on the roof, side of building, or ground, must be
screened. The method of screening must be architecturally compatible in
terms of materials, color, shape, and size. The screening design should
blend with the building design. Where individual equipment is provided,
a continuous screen is desirable.
H. ANCILLARY STRUCTURES
The design of ancillary structures (guesthouses, cabanas, barns, storage
sheds, etc.) should be architecturally compatible with the main structure
through the use of building walls/ roofs/ trellises, fence/wall connections,
and/or landscaping.
I. GARAGE DOORS
Garage doors should appear to be set into the walls rather than flush with
the exterior wall. Garage door design should be kept simple, clean, and
unadorned. They are a major visual element of a home.
Plywood is acceptable when three or more panels are used or when joints
are sealed with trim. A variety of compatible designs should be used
throughout a project to insure variety. The design of the garage door
should relate to the particular architectural style selected.
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Garage door wood trim
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5. MDL TIPLE FAMILY SITE PLANNING
Multiple family and cluster housing because of their higher densities, tend to
generate large parking areas and a decrease in private open space. If not proper-
ly designed, parking facilities can dominate the site and open spaces may be
relegated to left over areas, not related to the buildings or the people who live
there. Residential developments surrounded by high walls, parking lots, and
rows of carports along public streets are examples of practices to be avoided.
Perimeter parking drives are discouraged because parking areas provide a poor
image of a project and often function as barriers between the project and the sur-
rounding community. The guidelines that follow are intended to help mitigate
the effects of these situations and to provide a pleasant residential environment
within the context of higher density development.
A. BUILDING ARTICULATION
Long, unbroken building facades and box-like forms are to be avoided.
Building facades should be broken up to give the appearance of a coHec-
tion of smaller buildings. To the extent possible, each of the units should
be individually recognizable. This can be accomplished with the use of
balconies, setbacks and projections which help articulate individual dweH-
ing units or coHections of units, and by the pattern and rhythm of win-
dows and doors.
B. CLUSTERING OF UNITS
Clustering of multi-family units should be a consistent site planning ele-
ment. Buildings composed of a series of simple yet varied plans assure
compatibility and variety in overall building form.
Articulated facade gives appearance of a collectian of smaller buildings
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The following design techniques should be considered and implemented
whenever possible:
1. Varying front setbacks to unit within same building.
2. Staggered and jogged unit plans.
3. Use of reverse building plans to add articulation.
4. Maximum of two adjacent units with identical wall and roof lines.
5. Variety of orientations to avoid the monotony of garage door
corridors.
C. MAXIMUM ATIACHED UNITS
The maximum number of individual units within one building is eight
(8). Variations with mixtures of 4,5, and 6 units per structure are en-
couraged and should be developed throughout a project.
D. PROJECT ENTRIES
Project entry areas provide the resident and visitor with an overview to
the project. They should provide an open window with landscaping,
recreational facilities, and project directories. Special attention should be
given to hardscape and landscape treatments to enhance the overall
project image.
E. ENTRY DRIVES
The principal vehicular access into a multiple family housing project
should be through an entry drive rather than a parking drive. Colored,
textured paving treatment at entry drives is encouraged, however,
stamped concrete is not permitted within public street right-of-ways.
F. ON-SITE PARKING AND DRIVES
1. In higher-density projects, there are three means of accommodating
parking: parking drives, parking courts, and garages within
residential buildings. Projects with either long, monotonous park-
ing drives or large, undivided parking lots are not desired. When
cost considerations preclude parking within residential buildings,
dispersed parking courts are the desired alternative.
2. Parking drives, when located on the periphery of a project, isolate
the development from its surroundings. Unless the new and exist-
ing adjacent uses are considered incompatible, the extent of
perimeter parking drives should be minimized.
3. Parking areas should be visible from the residential units which
use them.
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G. PARKING COURTS
1. A parking court of any length should not consist of more than 2
double-loaded parking aisles adjacent to each other.
2. The length of a parking court should not exceed 14 stalls.
3. Parking courts should be separated from each other by buildings
or by a landscaped buffer not less than 30 feet wide.
H. PARKING DRIVES
1. There should be no more than an average of 10 spaces of uninter-
rupted parking, whether in garages, carports, or open parking areas.
2. Each average of 10 spaces of parking should be separated from
additional spaces by a landscaped bulb not less than 12 feet wide.
Architectural elements, such as trellises, porches, or stairways, may
extend into these landscaped bulbs.
MAX. 2 AISLES
30' MIN.
S
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"'
:!
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H
Maximum of 2 aisles in parking court. Average of 14 spaces per parking court bay.
-JJ-
MIN.
Use 12' wide landscape bulb il
parking bays average 10 spaces.
-!J--
MIN.
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I. GARAGES
1. Individual parking garages within residential buildings should be
enclosed behind garage doors.
2. Garages with parking aprons less that 20 feet in length should
have automatic garage door openers and/or sectional roll-up doors.
J. CARPORTS
Where carports are utilized, they must follow the same criteria for spatial
arrangement as parking courts (#7 above). Carports may be incorporated
with patio walls or used to define public and private open space, but in-
corporating carports into exterior project walls adjacent to streets is strong-
ly discouraged. The ends of each cluster of carports should be landscaped.
K. PEDESTRIAN ACCESS FROM PARKING
Landscape bulbs should, wherever possible, align with major building
entrances to provide pedestrian access to the building entrance from a
parking court or drive. Bulbs that align with entrances should be at least
2 car spaces wide and should include a pathway as well as a vertical
landscape or architectural element, for example, a trellis or a tree.
Link parking areas to major building
entrances when possible using
textured paving and trellises.
...............
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j~~@jttW
!~:::liflJ,11
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1. OPEN SPACE
Residents of housing projects should have safe and efficient access to use-
able open space, whether public or private, for recreation and social ac-
tivities. The design and orientation of these areas should take advantage
of available sunlight and should be sheltered from the noise and traffic of
adjacent streets or other incompatible uses. .
Required common open spaces should be conveniently located for the
majority of units. Private open spaces should be contiguous to the units
they serve and screened from public view. Projects should have secure
open spaces and children's play areas that are visible from the units.
M. PLANTED AREAS
All areas not covered by buildings, drives, parking or hardscape should
be appropriately landscaped.
Landscaping is used to frame, soften, and embellish the quality of environ-
ment, to buffer units from noise or undesirable views, to break up large ex-
panses of parking, and to separate frontage roads within a project from
public streets. To accomplish these design objectives, landscape elements
need vertical dimension. Trees and tall shrubs are needed in addition to
grass and ground cover. Trees can also be used to provide shading and
climatic cooling of nearby units.
II Ii
~
Max. of 8 units per building
Orient project entry toward
open spoce/recreation area.
ENTRY DRIVE
Open parking and corports should
be clustered into parking courts.
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N. TRASH ENCLOSURES
Trash bins must be fully enclosed in accordance with City of San Bernar-
dino Public Works Department Standard No. 508. Said enclosures should
be softened with landscaping on their most visible sides whenever pos-
sible. Recommended locations include inside parking courts or at the end
of parking bays. Location should be conveniently accessible for trash col-
lection and maintenance and should not block access drives during load-
ing operations.
O. SUPPORT FACILmES
Any support buildings within multi-family residential areas such as
laundry facilities, recreation bulldings and sales/lease offices must be con-
sistent in architectural design and form with the rest of the complex. Tem-
porary sales offices must be compatible with these standards.
P. MAILBOXES
Where common mailbox services are provided, they should be located
close to the project entry near recreational facilities. The architectural
character should be similar in form, materials, and colors to the surround-
ing buildings. Mailbox locations must be approved by the U.S. Postal Ser-
vice.
Solid doors
Trash enclosure at
end of parking row
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Q. SITE GRADING
Site grading must recognize existing drainage patterns, and landforms
while providing appropriate transition of architectural elements to grade.
Site grading must also provide for an uninterrupted flow of vehicular and
pedestrian traffic through the development. The plan must direct and
provide adequate flow of surface run-off to catch basins while gracefully
contouring the land to blend with existing conditions at the boundaries of
the site. .
Street drainage should be collected in curb gutters. The use of center-
swale drainage devices is strongly discouraged. Parking lots may drain to
a single concrete swale at the edge of the aisle.
R. SECURITY
Multiple family projects should be designed to provide the maximum
amount of security for residents and visitors. Parking areas should be
well let and located so as to be visible from residential units. Landscaping
should be planned and maintained to provide views into open space areas.
6. MULTIPLE FAMILY ARCHITECTURE
There is no particular "style" proposed for multi-family residential structures.
The primary focus should be on constructing a high quality residential environ-
ment. The criteria presented here strives for this "quality" through descriptions
and examples of appropriate buildings materials and architectural expression.
In general, the design of multiple family developments should consider com-
patibility with surrounding activities. Often, such projects are development ad-
jacent to single family neighborhoods and measures must be taken to insure that
the height and bulk of higher density projects do not impact these lower density
residential areas.
Many of the same architectural principles and techniques discussed under the
single family category of these guidelines are also applicable to multiple family
projects and these should be reviewed by the designer in conjunction with the
following.
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A. FACADE AND ROOF ARTICULATION
Separations, changes in plane and height, and the inclusion of elements
such as balconies, porches, arcades, dormers, and cross gables mitigate
the barracks-like quality of flat walls and roofs of excessive length. Secon-
dary hipped or gabled roofs covering the entire mass of a building are
preferable to mansard roofs or segments of pifched roof applied at the
building's edge. Extremely long buildings, if they are appropriately ar-
ticulated, may be acceptable; however, buildings (including garages and
carports) exceeding 150 feet in length are generally discouraged.
Buildings containing 3 or more attached dwellings in a row should incor-
porate at least one of the following:
1. For each dwelling unit, at least one architectural projection not
less than 2 feet from the wall plane and not less than 4 feet wide
should be provided. Such projections should extend the full height
of single story buildings, at least one-half the height of a two-story
building, and two-thirds the height of a three-story building.
2. A change in wall plane of at least 3 feet for at least 12 feet for each
two units.
Unarliculated buildings are undesireable.
BEl
EIE1
Architectural projections for two stories
i!I'liliill'I"lli!il:il!!!I!i~~::!~.:I:::f~[I::r:rrrf':,'Wl:%:f,:,:,ff
......j --"t/2. MIN. ~
Staggered units permitted
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B. SCALE
Because multiple family projects are usually taller than one story, their
bulk can impose on surrounding uses. The scale of such projects must be
considered within the context of their surroundings. Buildings with
greater height may require additional building setbacks so as not to
dominate the character of the neighborhood. .
Large projects must be broken up into groups of structures. The use of
single "mega-structures" is to be avoided.
C. MATERIALS
Materials selected for multiple family projects should be very durable and
require low maintenance. Piecemeal embellishment and frequent changes
in materials should be avoided.
D. BALCONIES, PORCHES, AND PATIOS
The incorporation of balconies, porches, and patios onto or within the
building form is encouraged for both practical and aesthetic value. These
elements should be integrated to break up large wall masses, offset floor
setbacks, and add human scale to buildings.
Common exterior balconies and corridors that provide access to units
should not require circulation past adjacent unit windows and entries.
Low roof planes
Balconies and pafios
Clustered access
Low privacy walls
Articulate wall planes
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E. DWELLING UNIT ACCESS
Avoid the use of long access balconies or corridors which are monotonous
and impersonal. Instead, access points to units should be clustered this in-
creases security while secluded entrances may invite security problems.
To the extent possible, the entrances to individual units should be plainly
visible. Use of distinctive architectural elements and materials to denote
prominent entrances is appropriate.
F. EXTERIOR STAIRS
Simple, clean, bold projections of stairways are encouraged to comple-
ment the architectural massing and form of a buildings. Stairways should
be of smooth stucco, plaster or wood, with accent trim of complementary
colors. Thin-looking open metal prefabricated stairs are not permitted.
G. CARPORTS, GARAGES AND ACCESSORY STRUcruRES
Carports, detached garages, and accessory structures should be designed
as an integral part of the architecture of projects. They should be similar
in materials, color, and detail to the principal buildings of a development.
Carports may utilize flat roofs but must not project above any exterior
walls adjacent to streets. Prefabricated metal carports are prohibited.
Where garages are utilized, doors should appear set into walls rather than
flush with the exterior wall. Their design should be simple and un-
adorned.
H. GUITERS AND DOWNSPOUTS
Gutters and downspouts should be concealed unless designed as a con-
tinuous architectural feature. Exposed gutters used as an architectural fea-
ture must be colored to match fascia or wall material. Exposed
downspouts must be colored to match the surface to which they are at-
tached unless copper is used.
Roof vents must be colored to match roofing materials.
I. SOLAR PANELS
Solar panels are to be integrated into the roof design, flush with the roof
slope. Frames must be colored to match roof colors. Natural aluminum
finish is strongly discouraged. Any support equipment must be enclosed
and screened from view.
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J. MECHANICAL AND UTILITY EQUIPMENT
All mechanical equipment whether mounted on the roof or ground must
be screened from view. Utility meters and equipment must be placed in
locations which are not exposed to view from the street or they must be
suitably screened. All screening devices are to be compatible with the ar-
chitecture and color of the adjacent buildings. .
K. ANTENNAS
All antennas should be placed in attics or building interiors. It is recom-
mended that all units be pre-wired to accommodate cable reception. Satel-
lite dish antennas are specifically prohibited on roofs and should be con-
sidered early in the design process in terms of location and any required
screening.
Utility meters and other outdoor equipment
must be suitably screened from view.
Screening devices must be compatible
with adjacent buildings.
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7. MULTIPLE FAMILY IN-FILL IN SINGLE FAMILY NEIGHOBORHOOD
Efforts must be made to integrate new multiple family projects into existing
neighborhoods so that they are compatible with the adjacent.
A. FRONT YARD SETBACKS
Front yard setbacks for new multiple family proejcts must be equal to or
greater than the average setbacks for the two adjacent properties. If one
or both of the adjacent properties are vacant then the average shall be cal-
culated on the next adjacnet occupied property.
B. ARCHITECTURAL COMPATIBILITY
New multiple family development in existing neighborhoods should in-
corporate architectural characteristics and maintain the scale of existing
structures on the propert and surrounding development, for example;
window and door detailing, facade decoration, materials, color, roof style
and pitch, porches, and the like.
C. SITE DESIGN
New multiple family developments should be designed to continue the
on-site relationships of the original structure(s) and surrounding neighbor-
hood. Site access should be taken from the adjacent alley whenever pos-
sible.
RESIDENTIAL SIDE ELEVATION
Original single story SFD
New Mum Family addition
~
I:"
Appropriate transition from I story to 2 story MFD
PREliMINARY DRAFT
rr-4f,
1/29/90
RESIDENTIAL DISTRICTS - G19.04
jo5'd[
ODD
ODD
EXISTING SFD ELEVATIONS
~.~
INAPPROPRIATE INFIU STRUCTURE
Mulfi family structure or addition does
not conform to adlacent SF forms.
APPROPRIATE INFIU OF MULTI-FAMILY
Articulation and form conforms
to existing structure.
PREUMINARY DRAFT
1/29/90
II-SO
RESIDENTIAL DISTRICTS - G19.04
00- DtI- O"~ "J
'0 '0'0' li:TD '0 I] '0 i
~..~..~..~..=-L
TYPICAL EXISTING SFD
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UNACCEPTABLE INFILL OF MF
Unacceptable Inf111 of Mulfl-Famlly structures does not
conform to articulatIon and scale of adjacent single family
structures. .
ACCEPTABLE INFILL OF MF
Appropriate Inf/II of Mulfl-Fam/ly unlts.fransltlons and
conforms to archItectural artIculatIon of adjacent single
famIly strucfures.
II-SI
1129/90
PREUMINARYDRAFr
RESIDENTIAL DISTF.lICTS. 19.04
19.04.060 APPLICABLE REGULATIONS
All uses shall be subject to the applicable regulations of this Code, including provisions
located in the following Chapters:
1. Chapter 19.42
2. Chapter 19.30
3. Chapter 19.22
4. Chapter 19.20
5. Chapter 19.18
6. Chapter 19.40
7. Chapter 19.16
8. Chapter 19.32
9. Chapter 19.38
Conditional Use Permits
Home Occupation Permits
Landscaping Standards
Off-Street Loading Standards
Off-Street Parking Standards
Planned Development Permits
Sign Standards
Temporary Use Permits
Variances
PRELIMINARY DRAFT
11-51.
1/29/90
COMMERCIAL ZONES -19.06
CHAPTER 19.06
COMMERCIAL DISTRICTS
19.06.010 PURPOSE
1. The purpose of this Chapter is to achieve the following:
A. Provide appropriate commercial areas for retail and service establish-
ments, neighborhood convenience and office uses required by residents
of the City in a manner consistent with the General Plan.
B. Provide adequate space to meet the needs of commercial development,
including off-street parking and loading.
C. Minimize traffic congestion and avoid the overloading of utilities.
D. Protect commercial areas from excessive noise, illumination,
unsightliness, odor, smoke, and other objectionable influences.
E. Promote high standards of site planning, and landscape design for
commercial and office developments within the City.
F. Provide employment opportunities for existing and future residents of
the City and those of adjacent communities.
G. Provide for land uses which meet the needs of and attract regional
populations, in addition to local residents.
H. Ensure compatibility with adjacent land uses.
2. The purpose of the individual commercial land use districts are as follows:
A. CN (NEIGHBORHOOD COMMERCIAL) DISTRICT
This district is intended to provide for the continued use, expansion, and
new development of small scale, low-intensity neighborhood commercial
uses which serve and are in proximity to residential neighborhoods
throughout the City.
PRELIMINARY DRAFT
11-5~
1/29/90
COMMERCIAL ZONES - , 9.06
B. CQ-1 (COMMERCIAL OFFICE) DISTRICT
This district is intended to provide for the continued use, expansion, and
new development of administrative and professional offices, hospitals,
and supporting retail uses in proximity to major transportation corridors
and ensure their compatibility with adjacent residential and commercial
uses. Additionally, this district permits a maximum density of 54 units per
gross acre for senior citizen and senior congregate care housing.
C. CO-2 (COMMERCIAL OFFICE-CONVERSION) DISTRICT
This district is intended to promote the conversion, rather than the demoli-
tion of existing residential structures where feasible, in designated areas
for low-intensity administrative and professional offices. Additionally, this
district permits a maximum density of 54 units per gross acre for senior
citizen and senior congregate care housing.
D. CG-1 (COMMERCIAL GENERAL) DISTRICT
This district is intended to provide for the continued use, enhancement,
and new development of retail, personal service, entertainment, office and
related commercial uses along major transportation corridors and intersec-
tions to serve the needs of the residents; reinforcing existing commercial
corridors and centers and establishing new locations as residential growth
occurs.
E. CG-2 (COMMERCIAL GENERAl-BASElINE/MT. VERNON) DISTRICT.
This district is intended to enhance the economic activity of the Baseline
Street and Mount Vernon Avenue, and other appropriate commercial cor-
ridors; infilling and intensifying existing development, establishing new key
activity centers and nodes, allowing for the development of medium and
medium high residential density as alternative uses. The residential
development shall have a minimum contiguous area of 1 gross acre with
a density of 4.6 to 14 units per gross acre along Mount Vernon Avenue
and Baseline Street and other designated locations west of 1-215 and 14.1
to 24 units per gross acre along Base Line Street and other designated
locations east of 1-215. Additionally, a bonus density of 50% for the
development of senior citizen and senior congregate care housing shall
be permitted, subject to the approval of a Conditional Use Permit.
PRELIMINARY DRAFT
II-51
, /29/90
COMMERCIAL ZONES - 19.06
F. CG-3 (COMMERCIAL GENERAL-UNIVERSITY VILLAGE) DISTRICT
This district provides for the development of properties adjacent to Califor-
nia State University at San Bernardino along North Park Boulevard, Ken-
dall Drive, and University Parkway for commercial and personal service
uses to meet the needs of students, faculty, and visitors.
G. CG-4 (COMMERCIAL GENERAL-THEME CENTER[S]) DISTRICT
This district is intended to promote the upgrading and enhancement of
Mount Vernon Avenue, between 4th and 8th Streets, by establishing an
ethnic-themed specialty commercial center, including retail, restaurant,
entertainment, gift shops and similar uses. Additionally, this district shall
facilitate the reuse of the railroad depot and adjacent properties for
retaiVspecialty commercial and similar uses.
H. CR-1 (COMMERCIAL REGIONAL-MALLS) DISTRICT
This district is intended to maintain and enhance Central City and Inland
Center Malls and adjacent properties as the principal region-serving retail
centers of the City.
I. CR-2 (COMMERCIAL REGIONAL-DOWNTOWN) DISTRICT
This district is intended to permit a diversity of regional-serving uses
in the Downtown area including local, county, and state governmental/ad-
ministrative, professional offices, culturaVhistoricaland entertainment, con-
vention facilities, hotels/motels, financial establishments, restaurants, sup-
porting retail and services, educational institutions, public open spaces,
and residential and senior citizen housing. Development of sites exclusive-
ly for residential uses shall have a minimum contiguous area of 1 gross
acre, with a maximum density of 54 units per gross acre. Senior citizen
and senior congregate care housing shall permit a maximum density of
150 units per gross acre, subject to the approval of a Conditional Use Per-
mit.
J. CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) DISTRICT
This district is intended to permit a diversity of regional-serving uses in-
cluding corporate and professional offices, retail commercial, entertain-
ment (theaters, nightclubs, etc.), financial establishments, restaurants (ex-
cluding drive-throughs in the Tri-City/Commercecenter area only),
hotels/motels, warehouse/promotional retail, supporting retail and ser-
vices, and similar uses.
PRELIMINARY DRAFT
1105'S
1/29/90
COMMERCIAL ZONES - 19.06
K. CH (COMMERCIAL HEAVY) DISTRICT
This district is intended to accommodate automobile and truck sales and
repair facilities, lumberyards, and related hardware sales, plant nurseries,
light industrial manufacturing and storage facilities, and similar uses requir-
ing extensive or indoor space for their sales, service, and/or storage, ex-
cluding neighborhood commercial uses.
L. OIP (OFFICE INDUSTRIAL PARK) DISTRICT
This district is intended to establish the Waterman Avenue corridor and
other appropriate areas as distinctive office industrial parks and corporate
centers serving City and regional needs.
19.06.020 PLANNED DEVELOPMENT PERMITTED AND CONDITIONAllY
PERMITTED USES:
The following list represents those uses in the commercial/industrial land use districts
which are subject to a Planned Development Permit (D) or Conditional Use Permit (C):
See Table 06.01.
PRELIMINARY DRAFT
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COMMERCIAL ZONES. 19.06
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
A. The following standards are minimum unless stated as maximum:
See Table 06.02.
B. COMMERCIAL LAND USE DISTRICT STANDARDS
The following standards shall apply to development in all commercial dis-
tricts, except as otherwise provided for in this Code:
1. All uses shall be conducted within a completely enclosed
structure. Limited outside uses (e.g. patio dining areas and nurs-
ery sales limited to plants and trees) shall be approved with a
Planned Development Permit.
2. There shall be no visible storage of motor vehicles, trailers,
airplanes, boats, recreational vehicles, or their composite parts;
loose rubbish, garbage, junk, or their receptacles; tents; equip-
ment; or building materials in any portion of a lot. No storage
shall occur on any vacant parcel. Building materials for use on the
same premises may be stored on the parcel during the time that a
valid building permit is in effect for construction.
3. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with Public Works
Standard No. 508 and be of sufficient size to accommodate the
trash generated. The receptacle(s) shall be screened from public
view on at least 3 sides by a solid wall 6 feet in height and on the
fourth side by a solid gate not less than 5 feet in height. The gate
shall be maintained in working order and shall remain closed ex-
cept when in use. The wall and gate shall be architecturally com-
patible with the surrounding structures.
4. All roof-mounted air conditioning or heating equipment, vents or
ducts shall not be visible from any abutting lot, or any public street
or right-of-way. This shall be accomplished through the extension
of the main structure or roof or screened in a manner which is ar-
chitecturally integrated with the main structure(s).
5. Elevations of all structures shall be architecturally treated
to ensure compatibility with all neighboring structures.
6. An intensity bonus of up to 12 square feet for each 1 square foot
of permanent space for properly designed and administered day
care facilities may be approved by the review authority.
PRELIMINARY DRAFT
11.57
1/29/90
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COMMERCIAL ZONES. 19.06
SITE DEVELOPMENT STANDARDS
MIN. LOT AREA: SQUARE FEET
MAX. LOT COVERAGE:
<;
MIN. REAR
SETBACK IF
ADJACENT TO
'R'DIST.
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PRELIMINARY DRAFT
II- 5'1
1/29/90
COMMERCIAL ZONES. 19.06
SITE DEVelOPMENT STANDARDS
MIN. LOT AREA: SQUARE FEET
MAX. LOT COVERAGE:
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PRELIMINARY DRAFT
II- c.o
1/29/90
COMMERCIAL ZONES - 19.06
2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.14
(Property Development Standards), the following standards shall apply to
specific commercial land use districts: See Table 06:03.
A. ADULT BUSINESSES
Adult businesses are permitted, subject to a Conditional Use Permit, in
the CG-1, and CH land use districts. For the purpose of this Section, the
following definitions shall apply:
1. Adult Arcade. An establishment where, for any form of considera-
tion, one or more motion picture projectors, slide projectors or
similar machines, for viewing by 5 or fewer persons each, are used
to show films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by an em-
phasis upon the depiction or description of "specified sexual ac-
tivities" or "specified anatomical areas..
2. Adult Bookstore. An establishment which has as a substantial
portion of its stock-in-trade and offers for sale for any form of con-
sideration anyone or more of the following:
a. Books, magazines, periodicals or other printed matter,
or photographs, films, motion pictures, video cassettes,
slides or other visual representations which are charac-
terized by an emphasis upon the depiction or description of
.specified sexual activities. or .specified anatomical areas";
or
b. Instruments, devices or paraphernalia which are designed
for use in connection with .specified sexual activities."
3. Adult Cabaret. Nightclub, bar, restaurant or similar establishment
which regularly features live performances which are characterized
by the exposure of "specified anatomical areas. or by "specified
sexual activities," or films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by an
emphasis upon the depiction or description of .specified sexual ac-
tivities. or "specified anatomical areas."
4. Adult Motel. A motel or similar establishment offering public
accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films motion pic-
tures, video cassettes. slides or other photographic reproductions
which are characterized by an emphasis upon the depiction or
description of "specified sexual activities. or .specified anatomical
areas."
11-",
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COMMERCIAL ZONES -19.06
5. Adult Motion Picture Theater. An establishment where, for any
form of consideration, films, motion pictures, video cassettes, slides
or similar photographic reproductions are shown, and in which a
substantial portion of the total presentation time is devoted to the
showing of material which is characterized by an emphasis upon
the depiction or description of "specified sexual activities" or
"specified anatomical areas."
6. Adult Theater. A theater, concert hall, auditorium or similar
establishment which, for any form of consideration, regularly fea-
tures live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
7. Establishment of an Adult Entertainment Business.
Includes any of the following:
a. The opening or commencement of any such business as
a new business;
b. The conversion of an existing business, whether or not
an adult entertainment business, to any of the adult enter-
tainment businesses defined herein;
c. The addition of any of the adult entertainment bus-
inesses defined herein to any other existing adult entertain-
ment business; or
d. The relocation of any such business.
8. Massaae Parlor. An establishment where, for any form of considera-
tion, massage, alcohol rub, fomentation, electric or magnetic treat-
ment, or similar treatment or manipulation of the human body is ad-
ministered unless such treatment or manipulation is administered
by a medical practitioner, chiropractor, acupuncturist, physical
therapist or similar professional person licensed by the State. This
definition does not include an athletic club, health club, school,
gymnasium, reducing salon, spa or similar establishment where
massage or similar manipulation of the human body is offered as
an incidental or accessory service.
9. Public Park. A park, playground, swimming pool, beach, pier,
reservoir, golf course or athletic field within the City which is under
the control, operation or management of the City, the County, or the
State.
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10. Reliaiaus Institution. A structure which is used primarily for
religious worship and related religious activities.
11. School. An institution of learning for minors, whether public or
private, which offers instruction in those. courses of study required
by the California Education Code or which is maintained pursuant
to standards set by the State Board of Education. This definition in-
cludes a nursery school, kindergarten, elementary school, junior
high school, senior high school or any special institution of Educa-
tion, but it does not include a vocational or professional institution
of higher education, including a community or junior college, col-
lege or university.
12. Sexual Encounter Establishment. An establishment, other than
a hotel, motel or similar establishment offering public accommoda-
tions, which, for any form of consideration, provides a place where
two or more persons may congregate, associate or consort in con-
nection with "specified sexual activities" or the exposure of
"specified anatomical areas." This definition does not include an
establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the State
engages in sexual therapy.
13. Soecified Anatomical Areas. Includes any of the following:
a. Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female breasts
below a point immediately above the top of the areole: or
b. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
14. Soecified Sexual Activities. Includes any of the following:
a. The fondling or other erotic touching of human genitals,
pubic region, buttocks, anus or female breasts;
b. Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
c. Masturbation, actual or simulated; or
d. Excretory functions as part of or in connection with any
of the activities set forth in subdivisions a. through c. of this
subsection.
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15. Substantial EnlarQement. The increase in floor area occupied by
the business by more than 10%, as such floor area exists on the ef-
fective date of this Code.
The following standards shall apply to adult businesses:
1. Prohibition. It is unlawful to cause or permit the establishment or
substantial enlargement of an adult arcade, adult bookstore, adult
cabaret, adult motel, adult motion picture theater, adult theater,
massage parlor or sexual encounter establishment within two
thousand feet of another such business or within one thousand feet
of any religious institution, school or public park within the City or
within one thousand feet of any property designated for residential
use or used for residential purposes.
2. Measurement of Distance. The distance between any 2 adult
entertainment businesses shall be measured in a straight line,
without regard to intervening structures, from the closest exterior
structural wall of each business. The distance between any adult
entertainment business and any religious institution, school or
public park or any property designated for residential use or used
for residential purposes shall be measured in a straight line, without
regard to intervening structures, from the closest property line of
the adult entertainment business to the closest property line of the
religious institution, school or public park or the property desig-
nated for residential use or used for residential purposes.
3. Sians. All on-site signage shall conform to Chapter 19.16.
B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
A business or establishment requiring an issuance of an "ABC" license is
subject to a Conditional Use Permit, and shall comply with the following
standard(s), in addition to conditions imposed by the Commission:
The structure subject to the "ABC' license shall not be located within 1000
feet of any religious institution, school, or public park within the City; 100
feet of any property designated for residential use or used for residential
purposes; and shall not be located in such close proximity to another
similar use to cause oversaturation of the neighborhood. The license ap-
plication shall be reviewed by the police department prior to City approval.
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C. AUTOMOBILE SALES
Automobile sales dealerships, new and/or used, in the City must conform with the intent
of this Code and shall enhance and promote the image of the City. A Planned Develop-
ment Permit shall be required, and all dealerships must be constructed in the following
manner:
I. The minimum site area shall be 15,000 square feet.
2. Automobile sales shall be confined to an indoor showroom with a
limited number of demonstration models.
3. All vehicles stored outdoors shall be completely screened from
public view with a combination of landscaping, trellises and walls
as appropriate.
4. All parts, accessories, etc., shall be stored within a fully enclosed
structure.
5. Service and associated car storage areas shall be completely
screened from public view.
6. All on-site lighting shall be stationary and directed away from
adjoining properties and public rights-of-way.
7. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chapter 19.22 (Landscaping Standards)
8. All on-site signage shall comply with the provisions of Chapter
19.16 (Sign Standards)
9. All loading and unloading of vehicles shall occur on-site and
not in adjoining streets or alleys.
10. All vehicles associated with the business shall be parked or
stored on-site and not in adjoining streets and alleys.
11. An adequate on-site queuing area for service customers shall
be provided. Required parking spaces may not may not be counted
as queuing spaces.
12. No vehicle service or repair work shall occur except within a fully
enclosed structure. Service bays with individual access from the
exterior of the structure shall not directly face or front on a public
right-of-way.
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COMMERCIAL ZONES -19.06
13. Off-street parking requirements shall be established during
project review to adequately accommodate all on-site uses includ-
ing showroom, office, parts and service areas, as well as
employee and customer parking.
D. AUTOMOBILE REPAIR AND DISMANTLING
Automobile repair and dismantling establishments are subject to a
Planned Development Permit review and shall be constructed in the fol-
lowing manner:
1. The minimum site area shall be 15,000 square feet.
2. The site shall be entirely paved, except for structures and land-
scaping, so that vehicles are not parked in a dirt or otherwise not
fully improved area.
3. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chapter 19.22 (Landscaping Stan-
dards).
4. All stored, damaged, or wrecked vehicles shall be effectively
screened so as not to be visible from adjoining properties or public
rights-of-. way.
5. Service access shall be located at the rear or side of structure(s)
and as far as possible from adjoining residential uses.
6. Repair activities and vehicle loading and unloading shall be
prohibited on adjoining streets and alleys.
7. Service bays with individual access from the exterior of the
structure shall not face the public right-of-way.
8. All trash shall be deposited in the designated trash area which
shall be screened from public view. The gate of the trash area
shall be maintained in good working order and shall remain closed
except when in use. The trash receptacle(s) shall comply with
Public Works Standard No. 508 and be of sufficient size to accom-
modate the trash generated.
9. All on-site lighting shall be stationary and directed away from
adjoining properties and public rights-of-way.
10. All on-site signage shall comply with the provisions of Chapter
19.16 (Sign Standards).
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COMMERCIAL ZONES - 19.06
11. All repair activities and operations shall be conducted entirely
within an enclosed structure. Outdoor hoists shall be prohibited.
12. All repair facilities shall close all windows when performing body
and fender work, hammering, sanding or other noise-generating ac-
tivity. Exterior noise shall not exceed 65 dBA at the property line.
13. All on-site parking shall comply with the provisions of Chapter
19.18 (Off-Street Parking Standards). A specific parking plan shall
be developed as part of the permit review process.
14. No work shall be performed on vehicles between the hours of
8:00 P.M. and 7:00 A.M. Monday thru Saturday; no work shall be
performed on Sundays.
15. The premises shall be kept in a neat and orderly condition at all
times.
16. All used or discarded automotive parts or equipment or
permanently disabled, junked or dismantled vehicles shall be per-
manently screened from public view.
17. All hazardous materials resulting from the repair or dismantling
operation shall be properly stored and removed from the premises
in a timely manner. Storage, use and removal of toxic substances,
solid waste pollution, and flammable liquids, particularly gasoline,
paints. solvents and thinners, shall conform to all applicable
federal, state and local regulations prior to issuance of a Certificate
of Occupancy.
E. BONUS HEIGHT
Proposed structures within the CR-2 land use district shall have a maxi-
mum height limit of 100 feet. This section provides a special incentive to
increase the maximum allowable height limit up to 150 feet through a
program which encourages such additional amenities as deemed
desirable by the Commission. These amenities may include, but not
limited to. the following:
1. Mixed Use Developments (I.e., residential above commercial
office and retail uses, restaurants, theaters, etc.);
2. Enhanced pedestrian activities;
3. Improved signage and additional landscaping;
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COMMERCIAL ZONES. 19.06
4. Additional parking;
5. Ground level and second floor plazas;
6. Outdoor cafes;
7. Artistic sculptures and aquatic amenities; and
8. Day care facilities.
F. CONVENIENCE STORES
The retail sales of groceries, staples, sundry items and/or alcoholic
beverages within structures of less than 5000 square feet of gross floor
area are subject to a Planned Development Permit review, and shall be
constructed and operated in the following manner:
1. The minimum site area shall be 10,000 square feet.
2. The site shall have direct frontage along a major or secondary
street. The site shall not have direct access on a local residential
street.
3. One access drive may be permitted for each street frontage.
The design and location of the access drive(s) shall be subject to
the approval of the Director.
4. No convenience store shall be located less than 1000 feet from
an existing or previously approved convenience store, or an exist-
ing elementary, junior high school, or high school, as measured
from one property line to another.
5. All on-site lighting shall be energy efficient, stationary and directed
away from adjoining properties and public rights-of-way.
6. All on-site signage shall comply with the provisions of Chapter
19.16 (Sign Standards).
7. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chapter 19.22 (Landscaping Stan-
dards).
8. All on-site parking shall comply with the provisions of Chapter
19.18 (Off-Street Parking Standards). A specific parking plan shall
be developed as part of the permit review process.
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9. The premises shall be kept in a neat and orderly condition at all
times.
10. All trash shall be deposited in the designated trash area which
shall be screened from public view on at least 3 sides by a solid
wall 6 feet in height and on the fourth side by a solid gate not less
than 5 feet in height. The gate shall be maintained in good working
order and shall remain closed except when in use. The trash recep-
tacle(s) shall comply with Public Works Standard No. 508 and be of
sufficient size to accommodate the trash generated.
11. If on-site dispensing of automotive fuels is provided, the design,
location and operaUon of these facilities shall be consistent with the
provisions of Section 19.06.030 (K) (Service Station Standards).
Additionally, the cashier location shall provide direct visual access
to the pump islands and the vehicles parked adjacent to the islands.
12. A bicycle rack design to accommodate a minimum of 6 bicycles
shall be installed in a convenient location visible from the inside of
the store.
13. Each convenience store shall provide 2 public restrooms located
within the store; 1 for men and 1 for women.
14. Public pay telephones provided on-site shall not be set up for
incoming calls. Public telephones shall be featured with call out
service only.
15. On-site video games may not be installed or operated on the
premises.
16. A convenience store adjacent to any residentially designated
district shall have a 6 foot high decorative masonry wall along
property lines adjacent to such districts.
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G. DRIVE-THRU ESTABLISHMENTS
COMMERCIAL Z,ONES -19.06
This section contains standards for drive-thru establishments as well as
prohibition of same in specified land use districts.
1. Establishments providing drive-thru facilities shall not be permitted
in the CN, CR-2 or CR-3 (north of 1-10) land use districts.
2. Pedestrian walkways should not intersect the drive-thru drive
aisles, but where they do, they shall have clear visibility, and they
must be emphasized by enriched paving or striping.
3. Drive-thru aisles shall have a minimum 25 foot interior radius at
curves.
4. Drive-thru aisles shall provide sufficient stacking area behind menu
board to accommodate a minimum of 5 cars.
5. All service areas, rest rooms and ground mounted and roof
mounted mechanical equipment shall be screened from view.
6. Landscaping shall screen drive-thru or drive-in aisles from the
public right of way and shall be used to minimize the visual impact
of readerboard signs and directional signs.
DRIVE.THRU RESTAURANT
DRIVE-THRU LANE WITH 5 CAR (MIN)
BACK-UP TO MENU BOARD.
r-',,""-,
~'->
. INDICATE
DRIVE-THRU
ENTRY SIGN
DRIVE-THRU AREAS SHALL BE DESIGNED
TO BE AN INTEGRAL PART OF THE MAIN
STRUCTURE.
..............., c=.J
SHARED ENTRY DRIVE.
MENU BOARD SHALL FACE
AWAY FROM THE STREET.
MIN. 25' INTERIOR RADIUS AT CURVE.
USE LANDSCAPE TO SCREEN THE DRIVE-THRU
AISLES FROM PUBLIC R.O.W.
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H. MINI-MALLS
Mini-malls (small scale multi-tenant shopping centers) are subject to a
Planned Development Permit and shall comply with the following stand-
ards.
1. All development and operational standards outlined in Section
19.06.030 (F) (Convenience Stores), except for items Nos. 4 and
13, shall apply.
2. The development shall provide internal continuity, uniformity,
and compatibility relating to architectural design, vehicular and
pedestrian access, and on-site provisions for landscaping, loading,
parking, and signage.
3. To the extent feasible, the on-site vehicular circulation system
shall provide continuity with adjacent and similar commercial
developments.
4. No outdoor displays or sale of merchandise shall be permitted.
However, limited outdoor sales may be allowed subject to the is-
suance of a Temporary Use Permit.
I. MINI-STORAGE
Mini-storage facilities are subject to a Planned Development Permit and
shall be constructed in the following manner:
1. The minimum site area shall be 20,000 square feet.
2. The site shall be entirely paved, except for structures and land-
scaping.
3. All on-site lighting shall be energy efficient, stationary and directed
away form adjoining properties and public rights-of-way.
4. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chapter 19.22 (Landscaping Stan-
dards).
5. All on-site signage shall comply with the provisions of Chapter
19.16 (Sign Standards).
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COMMERCIAL ZONES. 19.06
6. The site shall be completely enclosed with a 6 foot high solid
decorative masonry wall, except for points of ingress and egress
(including emergency fire access) which shall be properly gated.
The gate(s) shall be maintained in good working order and shall
remain closed except when in use.
7. No business activity shall be conducted other than the rental of
storage spaces for inactive storage use.
8. All storage shall be located within a fully enclosed structure(s).
9. No flammable or otherwise hazardous materials shall be stored
on-site.
10. Residential quarters for a manager or caretaker may be provided
in the development.
11. The development shall provide for 2 parking spaces for the
manager or caretaker, and a minimum of 5 spaces located ad-
jacent or in a close proximity to the manager's quarters for cus-
tomer parking.
12. Aisle width shall be a minimum of 25 feet between buildings
to provide unobstructed and safe circulation.
13. A refuse storage area, completely enclosed with a decorative
masonry wall not less than 6 feet high and a solid gated opening,
and large enough to accommodate standard-sized commercial
trash bins, shall comply with Public Works Standard No. 508 and
be located in such a manner as to be accessible to refuse collec-
tion vehicles.
14. Storage facilities located adjacent to residential districts
shall have their hours of operation restricted to 7:00 A.M. to 9:00
P.M., Monday through Saturday, and 9:00 A.M. to 9:00 P.M. on Sun-
days.
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J. SERVICE STATION STANDARDS
Service stations are subject to a Planned Development Permit and shall
comply with the following standards:
I. New service stations shall be permitted only at the intersections
of major and secondary arterials, and their intersections with
freeway off-ramps. A maximum of 2 service stations shall be per-
mitted at each intersection. The use shall not adjoin a residential
land use district.
2. The minimum parcel size shall be 15,000 square feet, with a
minimum street footage of 100 feet.
3. All activities and operations shall be conducted entirely within an
enclosed structure, except as follows:
a. The dispensing of petroleum products, water and air from
pump islands.
b. The provision of emergency service of a minor nature.
c. The sale of items via vending machines which shall be
placed next to the main structure in a designated area not to
exceed 32 square feet, and which must be screened from
public view.
4. Pump islands shall be located a minimum of 20 feet from a street
property line, however, a canopy or roof structure over a pump is-
land may encroach up to 10 feet within this distance. Additionally,
the cashier location shall provide direct visual access to the pump
islands and the vehicles parked adjacent to the islands.
5. There shall not be more than 2 vehicular access points to any 1
street.
6. There shall be a minimum distance of 30 feet
between curb cuts along a street frontage.
7. No driveway may be located closer than 50 feet to the end of a
curb corner nor closer than 20 feet to a common property line.
8. The width of a driveway may not exceed 30 feet at the sidewalk.
9. On-site parking shall be provided at 1 space for each pump
island, plus 1 space for each service bay.
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10. Outside storage of motor vehicles is prohibited.
11. No vehicles may be parked on sidewalks, parkways,
driveways or alleys.
12. No vehicle may be parked on the premises for the purpose of
offering same for sale.
13. Landscaping shall comprise a minimum of 10% of of the service
station site area, exclusive of required setbacks, and shall be
provided and permanently maintained according to the following
regulations, as well as those contained in Chapter 19.22
(Landscaping Standards).
a. A minimum 5 foot wide (inside dimension), 6 inch high
planter area shall be provided along interior property lines,
except for openings to facilitate vehicular circulation to ad-
jacent properties. Where adjacent to a periphery wall, trees
planted not more than 16 feet apart shall be included in the
planter areas.
b. A planter area of not less than 200 square square feet shall
be provided at the corner of two intersecting streets.
Landscaping shall not exceed a height of 30 inches.
c. A minimum of 50 square feet of planter area shall be located
along those portions of the main structure fronting on a
public street.
d. Additional landscaping may be required to screen the
service station from adjacent properties.
15. All on-site signage shall comply with the provisions of Chapter
19.16 (Sign Standards).
16. Openings of service bays shall not face public rights-of-way and
shall be designed to minimize the visual intrusion onto adjoining
properties.
17. No used or discarded automotive parts or equipment, or
disabled, junked or wrecked vehicles may be located in any open
area outside the main structure.
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18. A refuse storage area, completely enclosed with a decorative
masonry wall not less than 6 feet high and a solid gated opening,
and large enough to accommodate standard-sized commercial
trash bins, shall comply with Public Works Standard No. 508 and
be located on the rear portion of the property in such a manner as
to be accessible to refuse collection vehicles.
19. All light sources, including canopy, perimeter, and flood shall be
energy efficient, stationary and shielded or recessed within the roof
canopy so that the service station shall be indirectly visible and
light is deflected away from adjacent properties and public rights-of-
way. Lighting shall not be of such a high intensity as to cause a
traffic hazard or adversely affect adjoining properties. No luminaire
shall be higher than 15 feet above finished grade.
20. Where an existing service station adjoins property in a
residential land use district, a 6 foot high decorative masonry wall
shall be constructed at the time the station requires a permit for the
on-site improvemenVmodification. Materials, textures, colors and
design of the wall shall be compatible with on-site development
and adjoining properties. When the wall reaches the established
front-yard setback line of a residentially designated lot abutting or
directly across an alley from the service station, it shall decrease to
a height of 30 inches.
21. Restroom entrances viewable from adjacent properties or
public rights-of-way shall be concealed from view by planters or
decorative screening.
22. Noise from bells or loudspeakers shall not exceed 65 dBA at
the property line at any time and shall not be audible from residen-
tially designated properties or existing residences between the
hours of 7:00 P.M. and 7:00 A.M. on weekdays and Saturdays, and
before 10:00 A.M. and after 7:00 P.M. on Sundays.
K. SERVICE STATION CONVERSIONS
A structure originally constructed as a service station and which is
proposed for conversion to another allowable use shall require upgrading
and remodeling for such items as, but not limited to, removal of all
gasoline appurtenances, removal of canopies, removal of pump islands,
removal of overhead doors, additional landscaping standards as required
by Chapter 19.22 (Landscaping Standards), additional street improve-
ments or modification of existing improvements to conform to access
regulations, and exterior remodeling.
PRELIMINARY DRAFT
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L. SENIOR HOUSING STANDARDS
Design standards governing Senior housing developments are outlined in
Section 19.04.040 (xxx).
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COMMERCIAL DISTRICTS - G19.06
G19.06.050 COMMERCIAL DEVELOPMENT DESIGN GUIDELINES
1. GENERAL
The following design guidelines are intended as a reference framework to assist
the designer in understanding the City's goals and objectives for high quality
development within the commercial districts. The guidelines compliment the
mandatory site development regulations contained in this chapter by providing
good examples of potential design solutions and by providing design interpreta-
tions of the various mandatory regulations.
The design guidelines are general and may be interpreted with some flexibility
in their application to specific projects. The guidelines will be utilized during the
City's design review process to encourage the highest level of design quality
while at the same time providing the flexibility necessary to encourage creativity
on the part of project designers.
2. APPLICABILITY
The provisions of this section shall apply to all commercial development within
the City, except within the Central Business District which is regulated by the
Main Street Overlay District. Any addition, remodeling, relocation, or construc-
tion requiring a building permit within any commercial district subject to review
by the Development Review Committee shall adhere to these guidelines where
applicable.
3. GENERAL DESIGN PRINCIPLES
A. DESIRABLE ELEMENTS OF PROJECT DESIGN
The qualities and design elements for commercial buildings that are most
desirable include:
1. Richness of surface and texture
2. Significant wall articulation (insets, canopies, wing walls, trellises,
porches, etc.)
3. Multi-planed, pitched roofs
4. Roofoverhangs,arcades
5. Regular or traditional window rhythm
6. Articulated mass and bulk
7. Significant landscape and hardscape elements
8. Prominent access driveways
9. Landscaped and screened parking
10. Comprehensive signage program
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B. UNDESIRABLE ELEMENTS
The elements to avoid or minimize include:
1. Large blank, unarticulated stucco wall surfaces
2. Unpainted concrete precision block walls
3. Highly reflective surfaces .
4. Metal siding on the main facade
5. Plastic siding
6. Square "boxlike" buildings
7. Mix of unrelated styles (i.e. rustic wood shingles and polished chrome)
8. Large, out of scale signs with flashy colors
9. Visible outdoor storage, loading, and equipment areas
10. Disjointed parking areas and confusing circulation patterns
4. SITE PLANNING
Placement of buildings should consider the existing built context of the commercial
area, the location of incompatible land uses, the location of major traffic generators as
well as an analysis of a site's characteristics and particular influences.
A. Buildings should be sited in a manner that will complement the adjacent
buildings. Building sites should be developed in a coordinated manner to
provide order and diversity and avoid a jumbled, confused development.
B. Whenever possible, new buildings should be clustered. This creates
plazas or pedestrian malls and prevents long "barracks-like" rows of build-
ings. When clustering is impractical, a visual link between separate build-
ings should be established between buildings. This link can be ac-
complished through the use of an arcade system, trellis, or other open
structure.
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PREUMINARY DRAFT
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C. Locate buildings and on-site circulation systems to minimize pedestrian/
vehicle conflicts where possible. Link buildings to the public sidewalk
where possible with textured paving, landscaping, and trellises.
D. Recognize the importance of spaces between buildings as "outdoor
rooms" on the site. Outdoor spaces should have clear, recognizable
shapes that reflect careful planning and are not simply "left over" areas be-
tween buildings. Such spaces should provide pedestrian amenities such
as shade, benches, fountains, etc.
E. Freestanding, singular commercial structures should be oriented with
their major entry toward the street where access is provided, as well as
having their major facade parallel to the street.
F. Loading facilities should not be located at the front of buildings where it
is difficult to adequately screen them from view. Such facilities are more
appropriate at the rear of the site where special screening may not be re-
quired.
G. Open space areas should be clustered into larger, predominant land-
scape areas rather than equally distributing them into areas of low impact
such as at building peripheries, behind a structure or areas of little impact
to the public view, where they are not required as a land use buffer or as a
required yard setback.
Loading areas should be
located aI rear of building.
Creale plazas In
prominent locations.
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PREUMINARYDRAFT,
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COMMERCIAL DISTRICTS - G19.06
5. PARKING AND CIRCULATION
Parking lot design can be a critical factor in the success or failure of a commercial use.
In considering the possibilities for developing a new parking area, a developer should
analyze the following factors: ingress and egress with consideration to possible con-
flicts with street traffic; pedestrian and vehicular conflicts; on-site circulation and ser-
vice vehicle zones; and the overall configuration and appearance of the parking area.
A. Separate vehicular and pedestrian circulation systems should be provided.
Pedestrian linkages between uses in commercial developments should be
emphasized, including distinct pedestrian access from parking areas in
large commercial developments, such as shopping centers.
B. Parking aisles should be separated from vehicle circulation routes whenever possible
C. Common driveways which provide vehicular access to more thanone site are
encouraged.
D. Angled parking is preferred over 900 parking.
E. Parking areas shall be landscaped, receiving interior as well as perimeter
treatment in accordance with the requirements of this Code.
F. Parking areas should be separated from buildings by either a raised
concrete walkway or landscaped strip, preferably both. Situations where
parking spaces directly abut the buildings shall be avoided.
G. Shared parking between adjacent businesses and/ or developments
is highly encouraged whenever practical.
H. Where parking areas are connected, interior circulation should allow for
a similar direction of travel and parking bays in all areas to reduce conflict
at points of connection.
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PREUMINARYDRAFf
COMMERCIAL DISTRICTS - G19.06
I. Whenever possible, locate site entries on side streets in order to minimize
pedestrian/vehicular conflicts. When this is not possible, design the front
site entry with appropriately patterned concrete or pavers to differentiate
it from the sidewalks.
J. Parking access points, whether located on front or side streets should
be located as far as possible from street intersections so that adequate
stacking room is provided. The number of access points should be
limited to the minimum amount necessary to provide adequate circula-
tion.
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K. Frontage roads should be provided for large projects on major arterials
whenever possible.
L. Parking areas and pedestrian walkways should be visible from buildings
to the greatest degree possible.
M. Design parking areas so that pedestrians walk parallel to moving cars.
Minimize the need for the pedestrian to cross parking aisles and
landscape areas.
N. The parking area should be designed in a manner which links the
building to street sidewalk system as an extension of the pedestrian en-
vironment. This can be accomplished by using design features such as
walkways with enhanced paving, trellis structures, and/or landscaping
treatment.
O. Parking areas which accommodate a significant number of vehicles
should be divided into a series of connected smaller lots. Landscaping
and offsetting portions of the lot are effective in reducing the visual im-
pact of large parking areas.
PREUMINARYDRAFf
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COMMERCIAL DISTRICTS - G19.06
P. The first parking stall which is perpendicular to a driveway or flpt aisle
juncture, should be at least 40 feet back from the curb. With larger
centers, significantly more setback area may be required.
Q. Utilize a 36" high opaque wall or landscaping to screen any parking at
the street periphery. A combination of walls, berms, and landscape
material is highly recommended. Where practical, lowering the grade of
the parking lot from existing elevations may aid in obscuring views of
automobiles while promoting views of architectural elements.
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6. LANDSCAPING
A. Landscaping for commercial uses should be used to define specific
areas by helping to focus on entrances to buildings, parking lots, defining
the edges of various land uses, providing transition between neighboring
properties (buffering), and providing screening for loading and equip-
ment areas.
B. Landscaping should be in scale with adjacent buildings and be of
appropriate size at maturity to accomplish its intended goals.
C. Landscaping around the entire base of buildings is recommended to
soften the edge between the parking lot and the structure. This should be
accented at entrances to provide focus.
D. Trees should be located throughout the parking lot and not simply at the
ends of parking aisles. In order to be considered within the parking lots.
Trees must be located in planters that are bounded on at least 3 sides by
parking area paving. Only trees located in landscaped "fingers" or "is-
lands" can count towards parking lot landscaping.
E. Landscaping should be protected from vehicular and pedestrian encroach-
ment by raised planting surfaces, depressed walks, or the use of curbs.
Concrete mow-strip separating turf and shrub areas are required per
development regulations.
F. Vmes and climbing plants integrated upon buildings, trellises, and
perimeter garden walls are strongly encouraged. A few plants to consider
for this purpose are: bougainvillea, grape ivy, and wisteria vines.
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G. Use boxed and tubbed plants in clay or wood containers, especially for
enhancement of sidewalk shops.
H. At maturity, trees should be able to be trimmed ten (10) feet above
ground and shrubs should be maintained at a maximum height of three
(3) feet to provide visibility.
7. WALLS AND FENCES
A. If not required for a specific screening or security purpose, walls should
not be utilized within commercial areas. The intent is to keep the walls as
low as possible while performing their screening and security functions.
B. Where walls are used at property frontages, or screen walls are used to
conceal storage and equipment areas, they must be designed to blend
with the site's architecture. Landscaping should be used in combination
with such walls whenever possible.
COMMERC1AL
RESIDENTIAL
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PREUMINARYDRAFI
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C. Chainlink fence is not allowed where visible from public streets. When
security fencing is required, it should be a combination of solid walls with
pillars and decorative view ports, or short solid wall segments and
wrought iron grill work.
D. Long expanses of fence or wall surfaces should be offset and architec-
turally designed to prevent monotony. Landscape pockets should be
provided.
8. SCREENING
A. Screening for outdoor storage should be a minimum of 6' and a maximum
of 10' high. The height should be determined by the height of the
material or equipment being screened. Chain link fencing with redwood
slatting is an acceptable screening material for areas of any lot not visible
from the street. Exterior storage should be confined to portions of the site
least visible to public view.
B. Where screening is required, a combination of elements should be used
including solid masonry walls, berms, and landscaping. Chainlink fenc-
ing with wood or metal slatting is not permitted when visible from the
public right-of-way.
C. Any equipment, whether on the roof, side of building, or ground, shall be
screened. The method of screening shall be architecturally integrated in
terms of materials, color, shape, and size. The screening design shall
blend with the building design. Where individual equipment is provided,
a continuous screen is desirable.
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COMMERCIAL DISTRICTS. G19.06
9. ARCHITECTURAL DESIGN GUIDELINES
A. Building heights should relate to open spaces to allow maximum sun and
ventilation, protection from prevailing winds, enhance public views of
surrounding mountains and minimize obstruction of view from adjoining
structures.
B. Height and scale of new development should be compatible with that of
surrounding development. New development height should "transition"
from the height of adjacent development to the maximum height of the
proposed building.
C. Large buildings which give the appearance of ''box-like'' structures are
generally unattractive and detract from the overall scale of most build-
ings. There are several ways to reduce the appearance of excessive bulk
in large buildings.
1. Vary the planes of the exterior walls in depth and/ or direction.
Wall planes should not run in one continuous direction for more
than fifty (50) feet without an offset.
2. Vary the height of the buildings so that it appears to be divided
into distinct massing elements.
3. Articulate the different parts of a building's facade by use of color,
arrangement of facade elements, or a change in materials.
4. Use landscaping and architectural detailing at the ground level to
lessen the impact of an otherwise bulky building.
5. Avoid blank walls at the ground floor levels. Utilize windows,
trellises, wall articulation, arcades, change in materials, or other fea-
tures.
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D. Scale, for purposes here, is the relationship between building size and
the size of adjoining permanent structures. It is also how the proposed
building's size relates to the size of a human being. Large scale building
elements will appear imposing if they are situated in a visual environ-
ment of a smaller scale.
1. Building scale can be reduced through Window patterns, structural
bays, roof overhangs, siding, awnings, moldings, fixtures, and
other details.
2. The scale of buildings should be carefully related to adjacent
pedestrian areas (Le. plazas, courtyards) and buildings.
3. Large dominating buildings should be broken up by: 1) creating
horizontal emphasis through the use of trim; 2) adding awnings,
eaves, windows, or other architectural ornamentation; 3) use of
combinations of complementary colors; and 4) landscape materials.
E. Much of the existing color in San Bernardino is derived from the
primary building's finish materials such as brick, wood, stucco, and terra
cotta tile. Also dominant are earth tones that match these natural
materials.
1. Large areas of intense white color shotild be avoided. While
subdued colors usually work best as a dominant overall color, a
bright trim color can be appropriate.
2. The color palette chosen for a building should be compatible with
the colors of adjacent buildings. An exception is where the colors
of adjacent buildings strongly diverge from these design guidelines.
3. Wherever possible, minimize the number of colors appearing on
the building exterior. Small commercial buildings should use no
more than three colors.
4. Primary colors should only be used to accent building elements,
such as door and window frames and architectural details.
5. Architectural detailing should be painted to complement the facade
and tie in with adjacent buildings.
UNDESIRABLE ARCHITECTURAL
TREATMENT
VERTICAL ARnCULAnON ADDED
HORIZONTAL ARTICULAnON ADDED
MUlTI-PLANED
ROOFS AND AWNINGS
ACD DESIRABLE ARnCULATION
PREUMINARY DRAFT
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Storefront elements and pedestrian
level details provide an intimate scale
Form and texture shall be repeated
in a manner to provide a sense of
unity within a large mass.
10. ROOFS
A. The roofline at the top of the structure should not run in continuous plane
for more than fifty (50) feet without offse,tting or jogging the roof plane.
B. Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a
portion of the building perimeter only) are prohibited. Mansard roofs, if
utilized on commercial structures, shall wrap around the entire building
perimeter.
C. All roof top equipment shall be screened from public view by screening
materials of the same nature as the building's basic materials. Mechanical
equipment should be located below the highest vertical element of the
building.
D. The following roof materials are not acceptable:
1. Corrugated metal
2. High contrast or brightly colored glazed tile
3. Highly reflective surfaces
4. illuminated roofing
PARTIAL MANSARD
ROOF PROHIBITED
CUPPED ROOF TO HIDE
ROOFTOP EQUIPMENT
FULL MANSARD ROOF W1U
HIDE ROOFTOP EQUIPMENT
PREUMINARY DRAFT
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11. AWNINGS
A. General use of awnings along a row of contiguous buildings should be
restricted to awnings of the same form and location. Color of the awnings
shall be consistent and a minimum eight foot vertical clearance is required.
B. Signage on awnings shall be painted on the awnings themselves and be
restricted to the awning's flap (valance) or to the end panels of angled,
curved, or box awnings.
C. Plexiglas, metal, and glossy vinyl illuminated awnings are prohibited.
Canvas, treated canvas, matte finish vinyl, and fabric awnings are en-
couraged.
D. Internally lit awnings are not acceptable.
12. SIGNAGE
A. Every building should be designed with a precise concept for adequate
signing. Provisions for sign placement, sign scale in relationship with
building and readability must be considered in developing the signing
concept. All signing must be highly compatible with the building and site
design relative to color, material, and placement.
B. Monument-type signs are the preferred alternative for business identifica-
tion. Where multiple tenants occupy the site individual wall mounted
signs are appropriate in combination with a monument sign identifying
the development and address.
C. The use of backlit individually cut letter signs is strongly encouraged.
D. The site should be appropriately signed to give directions to loading and
receiving areas, visitor parking and other special areas.
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PREliMINARY DRAFT
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COMMERCIAL DISTRICTS - G19.06
13. LIGHTING
A. lighting should be used to provide illumination for the security and safety
of on-site areas such as parking, loading, shipping, and receiving, path-
ways, and working areas.
B. The design of light fixtures and their structural support should be architec-
turally compatible with main buildings on-site. illuminators should be in-
tegrated within the architectural design for the buildings.
C. As a security device, lighting should be adequate but not overly bright.
Tall lights should be avoided. All building entrances should be well
lighted.
D. All lighting must be shielded to confine light spread within the site
boundaries.
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19.06.060 APPLICABLE REGULATIONS
All uses shall be subject to the applicable regulations of this Code, including provisions
located in the following Chapters:
1.
2.
3.
4.
5.
6.
7.
8.
Chapter 19.42
Chapter 19.22
Chapter 19.20
Chapter 19.18
Chapter 19.40
Chapter 19.16
Chapter 19.32
Chapter 19.38
Conditional Use Permits
Landscaping Standards
Off-Street Loading Standards
Off-Street Parking Standards
Planned Development Permits
Sign Standards
Temporary Use Permits
Variances
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INDUSTRIAL DISTRICTS - 19.08
CHAPTER 19.08
INDUSTRIAL DISTRICTS
19.08.010 PURPOSE
I. The purpose of this Chapter is to achieve the following:
A. Provide appropriate industrial areas to accommodate enterprises
engaged in the manufacturing, processing, creating, repairing, renovating,
painting, cleaning, or assembling of goods, merchandise, or equipment.
B. Provide adequate space to meet the needs of industrial development,
including oft-street parking and loading.
C. Minimize traffic congestion and avoid the overloading of utilities.
D. Protect industrial areas from excessive noise, illumination,
unsightliness, odor, smoke, toxic wastes, and other objectionable influences.
E. Promote high standards of site planning and landscape design for
industrial developments within the City.
F. Promote consolidation of industrial uses into comprehensively
planned industrial parks.
G. Promote a mix of industrial uses that provide the City with a sound,
diverse industrial base.
H. Ensure compatibility with adjacent land uses.
2. The purpose of the individual industrial land use districts are as follows:
A. Il (INDUSTRIAL LIGHT) DISTRICT
This district is intended to retain, enhance, and intensify existing and
provide for the new development of lighter industrial uses along major
vehicular, rail, and air transportation routes serving the City.
B. IH (INDUSTRIAL HEAVY) DISTRICT
This district is intended to provide for the continuation and development of
heavy manufacturing industries in locations where they will be compatible
with and not adversely impact adjacent land uses.
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INDUSTRIAL DISTRICTS - 19.08
C. IE (INDUSTRIAL EXTRACTIVE) DISTRICT
This district is intended to promote the mining and processing of the City's
mineral resources in the Cajon Creek, Lytle Creek, and Santa Ana River
areas, while ensuring their compatibility with adjacent land uses. Addition-
ally, this land use district provides forthe development of interim uses in-
cluding, but not limited to lumber yards, outdoor storage, plant nurseries,
recreation (non-structural), etc., which do not impair the long term ability
to extract and process mineral resources.
19.08.020 PLANNED DEVELOPMENT PERMITTED AND CONDITIONAllY
PERMITTED USES:
The list which represents those uses in the industrial land use districts which are sub-
ject to a Planned Development Permit (D), or a Conditional Use Permit (C) is presented
in Section 19.06.020 and Table 06.01_.
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INDUSTRIAL DISTRICTS. 19.08
19.08.030 LAND USE DISTRICT DEVELOPMENT STANDARDS.
1. GENERAL STANDARDS
A. The following standards are minimum unless stated as maximum:
Develooment Standards
IL
IH
IE
Gross Lot Area (Square Feet)
20,000
40,000
*
Front Setback
10
o
*
Rear Setback (feet)
(Only if adjacent to R land uses)
10
10
*
Side Setback (Each) (feet)
(Only if adjacent to R land uses)
Side Setback (Street Side)
10
10
*
o
o
.
Lot Coverage (Maximum)
75
75
*
Distance Between Structures
Structure Height (Maximum)
(Feet)
2 stories
50
non
*
B. INDUSTRIAL LAND USE DISTRICT STANDARDS
The following standards shall apply to development in all industrial dis-
tricts. except as otherwise provided for in this Code:
I. All uses shall be subject to the approval of a Planned Develop-
ment Permit or a Conditional Use Permit, pursuant to Chapters
19.40 and 19.42.
2. Retail sales and service incidental to a principally permitted
use are allowable provided that the following standards are met:
a. The operations are contained within the main structure
which houses the primary use;
b. Retail sales represent less than 20% of the gross receipts
of the company;
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c. No retail sales or display of merchandise occur(s) outside
the structure(s); and
d. All products offered for retail sales on the site are
manufactured, warehoused, or assembled on the premises.
3. Outside storage shall be confined to the rear of the principal
structure(s) or the rear two- thirds of the site, which ever is the
more restrictive, and screened from public view from anyadjoining
properties and public rights-of- way by appropriate walls, fencing
and landscaping.
4. An intensity bonus of up to 12 square feet for each 1 square foot
of permanent space for properly designed and administered day
care facilities may be approved by the review authority.
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G19.08.040 INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES
1. PURPOSE
The following design guidelines are intended as a reference framework to assist
the designer in understanding the City's goals and oJ;ljectives for high quality
development within the industrial districts. The guidelines compliment the man-
datory site development regulations contained in this chapter by providing good
examples of potential design solutions and by providing design interpretations
of the various mandatory regulations.
The design guidelines are general and may be interpreted with some flexibility
in their application to specific projects. The guidelines will be utilized during the
City's design review process to encourage the highest level of design quality
while at the same time providing the flexibility necessary to encourage creativity
on the part of project designers.
2. APPLICABILITY
The provisions of this section shall apply to all industrial development within
the City, unless otherwise specified herein. Any addition, remodeling, reloca-
tion, or construction requiring a building permit within any industrial district
subject to review by the Development Review Committee shall adhere to these
guidelines where applicable.
3. SITE PLANNING PRINCIPLES
A. The main elements of sound industrial site design include the following:
1. Controlled site access
2. Service areas located at the sides and rear of buildings
3. Convenient access, visitor parking and on-site circulation
4. Screening of outdoor storage, work areas, and equipment
5. Emphasis on the main building entry and landscaping
6. Landscaped open space
B. A variety of building and parking setbacks should be provided in order to avoid long
monotonous building facades and to create diversity.
C. Buildings should be located on "turf islands", where the office portion of the
building does not directly abut paved parking areas. A minimum five (5)
to seven (7) foot landscape strip should be provided between parking
areas and the office portion of a structure.
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PREUMINARYDRAFf
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D. Building setbacks should be provided proportionate to the scale of the
building and in consideration of existing development adjacent to it.
Larger structures require more setback area for a balance of scale and so
as not to impose on neighboring uses.
E. Building placement which creates opportunities for plazas, courts, or gardens
is encouraged. Setback areas can often be used to provide space for patio areas.
F. Where industrial uses are adjacent to non-industrial uses, appropriate
buffering techniques such as setbacks, screening, and landscaping need to
be provided to mitigate any negative effects of industrial operation.
G. Proposed development should be designed to preserve existing stands
of trees wherever possible. Contact the City's Park, Recreation, and Com-
munity Services Department regarding requirements for certified
arborist's report concerning existing vegetation.
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B,
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Use a variety 01 techniques to
buffer non.resldential uses.
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4. PARKING AND CIRCULATION
A. The parking lot and cars should not be the dominant visual elements of the
site. Large expansive paved areas located between the street and the
building are to be avoided in favor of smaller multiple lots separated by
landscaping and buildings. Angled parking is highly encouraged for
larger parking lots which can accommodate one way aisles.
B. Site access and internal circulation should be designed in a straight forward
manner which emphasizes safety and efficiency. The circulation system
should be designed to reduce conflicts between vehicular and pedestrian
traffic, combine circulation and access areas where possible, provide ade-
quate maneuvering and stacking areas and consideration for emergency
vehicle access. Circulations routes and parking areas should be separated.
C. Entrances and exits to and from parking and loading facilities should be
clearly marked with appropriate directional signage where multiple ac-
cess points are provided.
D. Vehicles should not be required to enter the street in order to move from
one area to another on the same site.
E. Parking lots adjacent to and visible from public streets must be adequately
screened from view through the use of rolling earth berms, low screen
walls, changes in elevation, landscaping or combinations thereof when-
ever possible.
F. The industrial site should be a self-contained development capable of
accommodating its own parking needs. The use of the public street for
parking and staging of trucks is not allowed.
G. Parking lots should be visible from structures, especially entrances.
Parking areas should be screened
Iram pubUc view.
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5. LOADING FACILITIES
A. To alleviate the unsightly appearance of loading facilities for industrial
uses, these areas should not be located at the front of buildings where it is
difficult to adequately screen them from view. Such facilities are more ap-
propriate at the rear of the site where special screening may not be re-
quired. .
B. When it is not possible to locate loading facilities at the rear of the
building, loading docks and doors should not dominate the frontage and
must be screened from the street. Loading facilities must be offset from
driveway openings.
C. Backing from the public street onto the site for loading into front end docks
causes unsafe truck maneuvering and is not allowed except at the ends of
industrial cul-de-sacs where each circumstance will be studied individual-
ly at the time of design review.
._~:: e ~
STREET PARKING LOADING FACIUTlES (AT REAR)
Otfset the loading areas fram
the driveway openings.
LOA::NGi;iti;
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~~
Use decorative solid masonry wall
to screen loading areas.
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6. LANDSCAPING
A. For industrial uses landscaping should be used to define areas by helping
to focus on entrances to buildings, parking lots, loading areas, defining
the edges of various land uses, providing transition between neighboring
properties (buffering), and providing screening for outdoor storage, load-
ing, and equipment areas.
B. Landscaping should be in scale with adjacent buildings and be of
appropriate size at maturity to accomplish its intended goals.
C. Use of vines on walls is appropriate in industrial areas because such walls
often tend to be large and blank.
D. Landscaping around the entire base of buildings is recommended to
soften the edge between the parking lot and the structure. This should be
accented at entrances to provide focus.
E. Trees must be located throughout the parking lot and not simply at the
ends of parking aisles. In order to be considered within the parking lots,
trees must be located in planters that are bounded on at least 3 sides by
parking area paving. Only trees located in landscaped "fingers" or "is-
lands" may count towards parking lot landscaping.
F. Landscaping should be protected from vehicular and pedestrian encroach-
ment by raised planting surfaces, depressed walks, or the use of curbs.
Concrete mow-strips are requried per development regulations between
turf and shrub areas.
~
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LANDSCAPE
SETBACK
PERIMmR SCREE
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~~
2' 3'
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7. WALLS AND FENCES
A. Walls will serve a major function in the industrial landscape and will be
used to screen automobiles, loading and storage areas, and utility struc-
tures. However, if not required for a specific screening or security pur-
pose they should not be utilized. The intent is to keep the walls as low as
possible while performing their screening and'security functions.
B. Where walls are used at property frontages, or screenwalls are used to
conceal storage and equipment areas, they must be designed to blend
with the site's architecture. Landscaping should be used in combination
with such walls whenever possible.
C. Chainlink fence is not allowed in setback areas adjacent to streets.
When security fencing is required, it should be a combination of solid pil-
lars or short solid wall segments and wrought iron grill work.
D. Long expanses of fence or wall surfaces should be offset and architec-
turally designed to prevent monotony. Landscape pockets should be provided.
Partially open screen walls
lor parking areas are appropriale.
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Elevation of Stoggered Wall
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Elevation of Planters/Wall
Mi~~".;;.".::'~.~"',
Elevation of Wall with Breaks
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8. SCREENING
A. Screening for outdoor storage should be a minimum of 8' and a maximum
of 12' high. The height should be determined by the height of the
material being screened. Chain link fencing with redwood slatting is an
acceptable screening material for areas of any lot not visible from the
street. Exterior storage should be confined to portions of the site least
visible to public view.
B. Where screening is required, a combination of elements should be used
including solid masonry walls, berms, and landscaping. Chainlink fencing
with wood or metal slatting is an acceptable screening material only for areas
of a lot not visible from a public street.
C. Any equipment, whether on the roof, side of building, or ground, shall be
screened. The method of screening shall be architecturally integrated in
terms of materials, color, shape, and size. The screening design shall
blend with the building design. Where individual equipment is provided,
a continuous screen is desirable.
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DO THIS
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LANDSCAPE SCAEEN S RVICE YARD
LANDSCAPE scae REFUSE
ENCLOSURE
REAR OR SIDE SETBACKS
REAR SETBACK
9. ARCHITEcruRAL DESIGN
A. As a category of building types, industrial buildings often present unattrac-
tive and monotonous facades. There are, however, a variety of design
techniques available to help overcome this situation and to direct develop-
ment into a cohesive design statement.
1. Employ variety in building forms, to create visual character and interest.
2. Avoid long, "unarticulated" building facades. Building facades
with varied front setbacks are strongly encouraged. Wall planes
should not run in one continuous direction for more than 50 feet
without an offset.
3. Avoid blank front an side wall elevations on street frontages.
4. Entries to industrial buildings should portray a quality office
appearance while being architecturally tied into the overall build-
ing mass and building composition.
5. Windows and doors are key elements of any building's form, and
should relate to the scale of the elevation on which they appear.
Windows and doors can establish character by their rhythm and
variety. Recessed openings help to provide depth and contrast on
elevation planes.
6. Sensitive alteration of colors and materials can produce diversity
and enhance architectural forms.
7. The staggering of planes along an exterior wall elevation creates
pockets of light and shadow, providing relief from monotonous,
uninterrupted expanses of wall.
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B. Design elements which are undesirable and should be avoided include:
1. Highly reflective surfaces at the ground story
2. Large blank, unarticu1ated wall surfaces
3. Exposed, untreated precision block walls
4. Chain link fence, barbed wire
5. False fronts
6. "Stuck on" mansard roofs on small portion of the roofline
7. Unarticu1ated building facades
8. Materials with high maintenance such as stained wood, shingles or metal sidir
C. Choose wall materials that will withstand abuse by vandals or accidental
damage from machinery.
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Entry projection or indentafion color bands
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Vertical seams,window glazing bands and textured walls
.,:' d"' ~..: .. :::; "~' ,:::;:..:. ".',. -;"~*' :,",' .-;s:-;~...
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Window glazing, color bands, textured walls
and entry indentation
Mix of complimentary materials, articulated surfaces,
increase window areas. and some textured walls
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D. All metal buildings must be architecturally designed providing variety and
visual interest to the streetscape.
E. Berming in conjunction with landscaping can be used at the building edge
to reduce building mass and height along facades.
F. Rolling shutter doors located on the inside of the building is the preferred
method for providing large loading doors while keeping a clean, unclutter-
ed appearance from the exterior.
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Use grading to reduce building scale and
to screen parking and loading areas..
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ACCEPTABLE
UNACCEPTABLE
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10. ROOFS
A. The roofline at the top of the structure should not run in a continuous
plane for more than 50 feet without offsetting or jogging the roof plane.
B. Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a
portion of the building perimeter only) are prohibited. Mansard roofs, if
utilized on industrial structures, shall wrap around the entire building
perimeter.
C. All roof top equipment must be screened from public view by screening
materials of the same nature as the building's basic materials. Mechanical
equipment should be located below the highest vertical element of the
building.
D. The following roof materials are not acceptable:
1. Corrugated metal
2. High contrast of brightly colored glazed tile
3. Highly reflective surfaces
4. llluminated roofing
11. SIGNAGE
A. Every building should be designed with a precise concept for adequate
signing. Provisions for sign placement, sign scale in relationship with
building and readability must be considered in developing the signing
concept. All signing must be highly compatible with the building and site
design relative to color, material, and placement.
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B. Monument-type signs are the preferred alternative for business identifica-
tion. Where multiple tenants occupy the site individual wall mounted
signs are appropriate in combination with a monument sign identifying
the development and address.
C. The use of backlit individually cut letter signs is strongly encouraged.
D. The industrial site should be appropriately signed to give directions to
loading and receiving areas, visitor parking and other special areas.
12. LIGHTING
A. Lighting should be used to provide illumination for the security and safety
of on-site areas such as parking, loading, shipping, and receiving, path-
ways, and working areas.
B. The design of light fixtures and their structural support shall be architec-
turally compatible with main buildings on-site. llluminators should be
integrated within the architectural design for the buildings.
C. As a security device, lighting should be adequate but not overly bright.
Tall lights should be avoided. All building entrances should be well lighted.
D. All lighting must be shielded to confine light spread within the site boundaries.
Employ a consistent sign program
lor mulllple lenant projeets
Place sign perpendicular
to approaching traftlc
In landscaped arGO.
Confine light spread
to within site boundaries.
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19.08.050 APPLICABLE REGULATIONS.
All uses shall be subject to the applicable regulations of this Code, including provisions
located in the following Chapters:
1. Chapter 19.42
2. Chapter 19.22
3. Chapter 19.20
4. Chapter 19.18
5. Chapter 19.40
6. Chapter 19.16
7. Chapter 19.32
8. Chapter 19.38
Conditional Use Permits
Landscaping Standards
Off-Street Loading Standards
Off-Street Parking Standards
Planned Development Permits
Sign Standards
Temporary Use Permits
Variances
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SPECIAL PURPOSE DISTRICTS -19.10
CHAPTER 19.10
SPECIAL PURPOSE DISTRICTS
19.10.010 PURPOSE
1. The purpose of this Chapter is to achieve the following:
A. Protection, preservation, and management of natural resources;
B. Protection of public outdoor recreation;
C. Protection of public health and safety, particularly in areas subject to
periodic inundation;
D. Provide for the continuation and expansion of existing public facilities; and
E. Allow for the consideration and adoption of specific plans which
recognize unique areas of the City necessitating special consideration
and implementation.
2. The purpose and permitted uses for each of the individual special districts are
as follows:
A. OS (OPEN SPACE) DISTRICT
1. The purpose of this district is to provide for the following:
a. The continuation of existing and development of new
public and private commercial recreation facilities which en-
sure their compatibility with adjacent land uses;
b. The continuation of existing and development of new
parks, and open spaces in proximity to and compatible with
neighboring residential uses; and
c. The continuation, maintenance, and expansion of public
flood control facilities.
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2. The following uses may be permitted subject to the approval of a
Planned Development Permit:
a. Public and private golf courses;
b. Baseball stadiums, arenas, exhibition, convention, and
sporting facilities;
c. Entertainment, hotels, restaurants, specialty commercial,
and farmers markets;
d. Flood control facilities;
e. Park and recreation facilities, subject to additional provisions
outlined in Chapter 12.80 of the Municipal Code;
f. Open space; and
g. Other such uses that the Director may find to be similar
with those uses listed above, pursuant to Section 19.04.030.
B. PF (PUBLIC FACILITIES) DISTRICT
This district is intended to provide for the continuation of existing and
development of new schools, govemment administrative, police, fire,
libraries, social service, and other public facilities.
C. SP (SPECIFIC PLAN) DISTRICT
This district is intended to provide a base designation to further implement
the goals, objectives, and policies of the General Plan with respect to
specific areas and uses which by their unique character require a more
comprehensive and intense evaluation and planning effort. This district
will apply to individual parcel(s) only after the adoption of a specific plan
by the Council, pursuant to Government Code Section 65450 .e1~.
19.10.020 GENERAL STANDARDS
Any structure located in a special purpose district shall be:
1. Clearly incidental to the primary use;
2. Sited in a manner sensitive to the existing natural resources and constraints
of the land;
3. Subject to demonstrating need and appropriateness;
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4. Landscaped in a manner which complements both the immediate setting
and surrounding areas;
5. Subject to demonstrating the need for exterior lighting, and if justified shall be
appropriately located, directed, and shielded from surrounding properties and
public rights- of-way;
6. Subject to a visual analysis relating building proportions, massing, height,
and setbacks to preserve and enhance the scenic character of the area; and
7. Compatible and in harmony with surrounding development and land use
designations.
19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS
1. GOLF COURSES AND RELATED FACILITIES
Golf course developments are subject to a Planned Development Permit and
shall be constructed in the following manner:
A. State-of-the-art water conservation techniques shall be incorporated
into the design and irrigation of the golf course;
B. Treated effluent shall be used for irrigation where available;
C. Perimeter walls or fences shall provide a viewshed window design along
all public rights-of-way, incorporating a mix of pilasters and wrought iron
fencing or equivalent treatment; and
D. All accessory facilities, including but not limited to, club houses,
maintenance buildings, and half-way houses shall be designed and lo-
cated to ensure compatibility and harmony with the golf course setting.
19.10.040 APPLICABLE REGULATIONS
All uses shall be subject to the applicable regulations of this Code, including provisions
located in the following Chapters:
1.
2.
3.
4.
5.
6.
7.
8.
Chapter 19.42
Chapter 19.22
Chapter 19.20
Chapter 19.18
Chapter 19.40
Chapter 19.16
Chapter 19.32
Chapter 19.38
Conditional Use Permits
Landscaping Standards
Off-Street Loading Standards
Off-Street Parking Standards
Planned Development Permits
Sign Standards
Temporary Use Permits
Variances
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OVERLAY DISTRICTS -19.12
CHAPTER 19.12
OVERLAY DISTRICTS
19.12.010 PURPOSE
The purpose of this Chapter is to establish development standards and guidelines to
address the special or unique needs or characteristics of particular areas to ensure a
harmonious relationship between the natural environment and proposed uses, and to
further implement the goals, objectives, and policies of the General Plan.
The specific overlay districts contained in this Chapter include the following:
1 . A (Airport Overlay) District;
2. FC (Freeway Corridor Overlay) District;
3. FF (Foothill Fire Zones Overlay) District;
4. FP (Flood Plain Overlay) District;
5. HM (Hillside Management Overlay) District;
6. HP (Historic Preservation Overlay) District; and
7. MS (Main Street Overlay) District.
The individual overlay districts are as follows:
A. A (AIRPORT OVERLAY) DISTRICT
1. The purpose of this section is to promote the public health,
safety and general welfare in the vicinity of airports by minimizing
exposure to crash hazards and high noise levels generated by air-
port operations and to encourage future development that is com-
patible with the continued operation of airports.
2. For the purpose of this section, certain words are defined as
follows:
a. Air Installation Comoatible Use Zone
Report. A report prepared by the Department of the Air
Force examining, evaluating, and summarizing the aircraft
operations at U.S. Air Force Bases with respect to the ef-
fects of noise and accident hazards.
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b. Airoort District One lAD I).
The area within a three thousand by five thousand foot rec-
tangle having two of its sides parallel with, and one
thousand five hundred feet from either side of, an extension
of the centerline of a runway running from three thousand to
eight thousand feet from the midpoint of the end of the run-
way.
c. Airoort District Two lAD 11\.
The area within a three thousand by seven thousand foot
rectangle having two of its sides parallel with, and one
thousand five hundred feet from either side of, an extension
of the centerline of a runway running from eight thousand to
fifteen thousand feet from the midpoint at the end of the run-
way.
d. Airoort District Three lAD 111\.
The area between the 75 Ldn and 80 Ldn noise contour
lines developed by the application of the day-night average
sound level methodology of sound measurement (Ldn) but
not within any other airport District as defined herein.
e. Airport District Four (AD IVI.
The area between the 70 Ldn and 75 Ldn noise contour
lines developed by the application and the day-night
average sound level methodology of sound measurement
(Ldn), but not within any other Airport District as defined
herein.
f. Airoort District Five lAD VI.
The area between the 65 Ldn and 70 Ldn noise contour
lines developed by the application of the day-night average
sound level methodology of the sound measurement (Ldn),
but not within any other Airport District as defined herein.
g. Clear Zone.
The area within a three thousand by three thousand foot
square having two of its sides parallel with and one
thousand five hundred feet from either side of, an extension
of the centerline of a runway running three thousand feet
from the midpoint of the end of the runway.
h. Day-night sound level (Ldn).
The sound level during a twenty-four hour time period with a
ten decibel penalty applied to the equivalent sound level
during nighttime hours of 10:00 P.M. to 7:00 A.M.
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i. Decibel.
The physical unit commonly used to describe noise level.
j. Hioh noise levels.
Sound levels which equal or exceed that within the 65 Ldn
noise contour line developed by the application of the day-
night average sound level methodology of sound measure-
ment (Ldn).
k. Human Occupancy
Any structure having overnight or longer living accommoda-
tions orthat is intended for such use.
I. .L.dn.
The day-night sound level.
m. Runwqy.
An artificially surfaced strip of ground designed and active-
ly used at an airport for the landing and taking off of aircraft.
n. Severe Accident Potential.
The level of crash hazard risk associated with the Clear
Zone. Said risk shall be ide.ntified in the same manner as
crash hazard risk is identified in United States Air Force Air
Installation Compatible Use Zone Reports for military air-
ports.
o. Substantial accident Potential.
The level of crash hazard risk associated with Airport District
I. Said risk shall be identified in the same manner as crash
hazard risk is identified in United States Air Force Air Installa-
tion Compatible Use Zone Reports for military airports.
p. Si9nificant Accident Potential.
The level of crash hazard risk associated with Airport District
II. Said risk shall be identified in the same manner as crash
hazard risk is identified in United States Air Force Air Installa-
tion Compatible Use Zone Reports for military airports.
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3. Airport Districts. For the purpose of this section, 5 Airport
Districts are hereby created. The boundaries of these districts shall
be delineated on official land use district maps as overlay districts.
These districts are as follows:
a. Airport District One (AD I);
b. Airport District Two (AD II);
c. Airport District Three (AD III);
d. Airport District Four (AD IV); and
e. Airport District Five (AD V).
4. Nothing contained herein shall require any change or alteration
in a lawfully constructed or established structure, or use in exist-
ence at the time of the adoption or amendment of these regula-
tions. These regulations are intended to regulate only the following
actions:
a. The erection or establishment of any new structure or
use;
b. The moving or relocation of any structure, or use to a
new site or new location;
c. The operation or continuance, at any time following the
effective date of these regulations, of any structure or use
which has been unlawfully established, erected, remodeled,
or rehabilitated; and
d. The change from one use to another of any structure, or
land, or the re-establishment of a use after its discon-
tinuance for a period of 180 consecutive days or more.
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5. Except for agricultural uses including structures not more than
20 feet in height and not intended for human occupancy, a Planned
Development Permit shall be required for all development in AD I
and AD II.
a. A Planned Development Permit shall be approved oniy
when specific findings are made which indicate that the
proposed use complies with the following regulations in addi-
tion to those outlined elsewhere in this Code:
(1) All uses shall be compatible with the continued
operation of the airport. Uses shall not be allowed
which:
(a) release into the air any substances
which would impair visibility or otherwise inter-
fere with the operation of aircraft;
(b) produce light emissions, either direct or
indirect (reflective), which would interfere with
pilot vision;
(c) produce emissions which would interfere
with aircraft communication systems or naviga-
tional equipment; and
(d) attract birds or water fowl in such numbers
as would create a hazard to aircraft operations.
(2) All development intended for human occupancy,
whether on a temporary or a permanent basis, shall
be prohibited in AD I and AD II.
(3) Uses shall not cause or produce objectionable
effects which would impose a hazard or nuisance to
adjacent or other properties by reason of smoke,
soot, dust, radiation, odor, noise, vibration, heat,
glare, toxic fumes or other conditions that would af-
fect adversely the public health, safety and general
welfare.
(4) Uses which require the use or storage of materials
which are explosive, flammable, toxic, corrosive, or
otherwise exhibit hazardous characteristics shall be
prohibited.
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(5) Uses which are labor intensive or promote the
concentration of people for extended periods of time
shall be prohibited, except as expressly authorized in
this section.
(6) A structure or any portion thereof on the premises
of a permitted use shall not be used for a residential
dwelling by the owner, operator, or caretaker, their
family members or others.
(7) A Noise level Reduction (NLR) of not less than 30
decibels from exterior to interior shall be incorporated
into the design and construction of those portions of
structures where the public is regularly received and
into office areas.
b. Procedures. The provisions of Section 19.40 (Planned
Development Permit) shall apply.
c. Decision of Department.
(1) The decision of the Department shall be based on
findings of fact that the purpose of this section has
been preserved.
(2) The decision of the Department may include
reasonable requirements deemed necessary to
promote the purpose of this section. Said require-
ments may include, but are not limited to, the follow-
ing:
(a) yards and open spaces;
(b) fences and walls, or other screening;
(c) surfacing of parking spaces and
specifications thereof;
(d) street improvements, including provision of
service roads or alleys when practical and
necessary;
(e) regulation of points of vehicular ingress and
egress;
(f) regulation of signs;
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g. landscaping and maintenance thereof;
h. maintenance of grounds;
i. control of noise, vibration, odor, and other potentially dangerous or objectionable
elements;
j. lot size;
k. height restrictions;
I. restrictions on accessory structures;
m. time limits which may be imposed for the commencement of construction,
and/or review and further action by the Department and/or a time limit within which the
Planned Development Permit shall cease to exist.
6. Airport District One (AD I).
a. This overlay district is designed to regulate land use and reduce hazards in an
area characterized by high noise levels and a substantial accident potential resulting
from aircraft operations. Only those types of activities authorized by this section may
be permitted. and any other uses shall be subject to the requirements for a Conditional
Use Permit pursuant to Chapter 19.42 except for agricultural uses, including structures
not more than twenty 20 feet in height and not intended for human occupancy.
b. Industrial/Manufacturing Use Regulations..
1. Permitted industrial/manufacturing uses within AD I inclucje, but are not limited to,
the following types of labor non intensive activities provided they comply with the stand-
ards prescribed by this section:
a. warehousing and storage;
b. manufacture of stone, clays, leather, glass and similar products;
c. manufacture of lumber and wood products;
d. printing and publishing;
e. paper and allied products;
f. furniture and fixtures;
g. chemicals and allied products;
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h. outside storage activities;
i. rubber and miscellaneous plastic;
j. primary metal industries; and
k. fabricated metal products.
2. The following regulations shall apply to all industrial uses permitted in AD I in addi-
tion to those regulations contained in other portions of this Section:
a. Lot size: The minimum net lot area shall be thirty five thousand square feet.
b. Height restrictions: The height of structures shall not exceed 30 feet.
c. Pariking regulations: The pariking restrictions and regulations outlined in Chapter
19.18 shall apply.
d. Yard regulations: Yards are required as follows:
1. Front yard: There shall be' a front yard having a depth of not less than 50 feet from
the planned public right-of-way line.
2. Side yard: There shall be a side yard having a width of not less than 20 feet on
each side of any structure.
3. Rear yard: There shall be a rear yard having width of not less than 20 feet on each
side of any structure.
e. Signs are permitted in this district subject to the requirements prescribed in Chap-
ter 19.16.
c. Commercial Use Regulations.
1. Permitted commercial uses within AD I include, but are not limited to, the follow-
ing types of labor intensive activities, provided they comply with the standards
prescribed in this Section.
a. groceries and related wholesale;
b. machinery, equipment, supplies, wholesale;
c. hardware and metals, wholesale;
d. other wholesale trade activities;
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e. building and lumber materials; retail; and
f. furniture, home furnishings, retail.
2. Within AD I, no structure or premise shall be used for:
a. food, retail;
b. apparel and accessories, retail;
c. eating and drinking places; and
d. general merchandise, retail.
3. The following regulations shall apply to all commercial activities permitted in AD I ad-
dition to commercial activities permitted in AD I addition to those regulations contained
in other portions of this Section:
a. Lot size: The minimum net lot area shall be thirty-five thousand square feet.
b. Height restrictions: The height of structures shall not exceed 30 feet.
c. Parking regulations: The parking restrictions and regulations outlined in Chapter
19.18 shall apply.
d. Yard regulations: Yards are required as follows:
1. Front yard: There shall be a front yard having a depth of not less than 30 feet from
the planned public right-of-way.
2. Side yard: There shall be a side yard having width of not less than 20 feet on each
side of any structure.
3. Rear yard: There shall be a rear yard having a depth of not less than 20 feet on each
side of any structure.
e. Signs are permitted in this district subject to the requirements prescribed in Chap-
ter 19.16.
d. Administrative And Professional Service Regulations.
All administrative and professional service uses shall be prohibited in AD I, except
repair services.
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e. Public And Quasi-Public Administrative Use Regulations.
All public and quasi-public administrative uses shall be
prohibited in AD I.
1. Outdoor Recreation Use Regulations
Permitted uses shall be limited to the following:
1. golf courses; and
2. horseback riding stables and trails (except that public shows and public events
shall be prohibited).
g. Resource Production Use Regulations
All resource production uses may be permitted in AD I including, but not limited to,
the following activities:
1. agricultural uses;
2. commercial feedlots;
3. commercial dairies; and
4. mining.
7. Airport District Two (AD m.
a. Purpose
This overlay district is designed to regulate land use and reduce hazards in an area
characterized by high noise levels and a significant accident potential resulting from
aircraft operations. Only those types of activities authorized by this Section may be per-
mitted, and non permitted uses shall be subject to the requirements of a Conditional
Use Permit contained in Chapter 19.42 except for agricultural uses, including structures
not more than 20 feet in height and not intended for human occupancy, as well as the
applicable standards established herein.
b. Industrial/Manufacturing Use Regulation.
1. Permitted industrial/manufacturing uses within AD II include, but are not limited to ,
the uses approved for Airport District I, and provided they comply with the standards
prescribed by this section.
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2. The following regulations shall apply to all industrial uses permitted AD II in addition
to those regulations contained in other portions of this section:
a. Lot size: The minimum net lot area shall be thirty-five thousand square feet.
b. Height restrictions: The height of structures shall not exceed 30 feet except where
otherwise specified.
c. Parking regulations: The parking restrictions and regulations outlined in Chapter
19.18 shall apply.
d. Yard regulations: Yards are required as follows:
1. Front yard: There shall be a front yard having a depth of not less than 50 feet from
the planned public right-of-way line.
2. Side yard: There shall be a side yard having a width of not less than 15 feet on each
side of any structure.
3. Rear yard: There shall be a rear yard having a depth of not less than 15 feet.
e. Signs are permitted in this district subject to the requirements as prescribed in
Chapter 19.16.
c. Commercial Use Regulations
1. All commercial uses permitted in Section 19.06.xxx may be allowed in AD II.
2. Within AD II, no structure or premises shall be used for the following:
a. funeral chapels;
b. auditoriums;
c. sports arenas;
d. gymnasiums;
e. stadiums;
f. churches;
g. theaters; and
h. restaurants, except that coffee shops not serving alcoholic beverages and fast food
restaurants are permitted. -
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3. The following regulations shall apply to all commercial activities permitted in AD II in
addition to those regulations contained in other portions of this Section:
a. Lot size: The minimum net lot area shall be thirty fiVe thousand square feet.
b. Height restrictions: The height restrictions outlined in this section shall apply.
c. Parking regulation: The parking restrictions and regulations outlined in Chapter
19.18 shall apply.
d. Yard regulations: Yards are required as follows:
1. Front yard: There shall be a front yard having a depth of not less than 30 feet from
the planned public right-of-way line.
2. Side yard: There shall be a side yard having a width of not less than 15 feet.
3. Rear yard: There shall be a rear yard having depth of not less than 15 feet.
e. Signs are permitted in this district subject to the requirements prescribed in Chapter
19.16
d. Administrative And Professional Use Regulations
1. The type of administrative and professional service uses that may be allowed in
AD II include, but are not limited to:
a. professional offices;
b. banks and other financial institutions;
c. electrical repair shops;
d. dry cleaning establishments; and
e. similar uses not involving high occupancy activities.
2. The following regulations shall apply to all administrative and professional service ac-
tivities in addition to those appearing elsewhere in this section:
a. Lot size: The minimum net lot area shall be thirty five thousand square feet.
b. Height restrictions: The height restrictions outlined in this section shall apply.
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c. Parking regulations: The parking restrictions and regulations outlined in Chapter
19.18 shall apply.
d. Yard regulations: Yards are required as follows:
1. Front yard: There shall be a front yard having a depth of not less than 25 feet from
the planned public right-of-way line.
2. Side yard: There shall be a side yard having a depth of not less than 15 feet on each
side of any structure.
3. Rear yard: There shall be a rear yard having a depth of not less than 15 feet.
e. Signs are permitted in this district subject to the requirements prescribed in Chap-
ter 19.16.
e. Outdoor Recreation Use Regulations
Permitted uses shall be limited to the following:
1. golf courses; and
2. horseback riding stables and trails (except that
public shows and public events shall be prohibited).
f. Resource Production Use Regulations
The following resource production uses may be permitted
inADII:
1. agricultural uses;
2. commercial feedlots;
3. commercial dairies; and
4. mining.
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8. AirDort District Three CAD IIn
This district is designed to regulate land use in an area charac-
terized as having high noise levels. All new development located in
this district shall incorporate a noise level reduction of 30 decibels.
Where the contemplated use to be made of any structure makes
noise reduction unnecessary or useless, the noise reduction re-
quirements specified herein shall not apply, but approval may be
subject to such conditions as to changes of use or subsequent
uses as the Commission may impose.
9. AirDort District Four CAD IVI
This district is designed to regulate land use in an area charac-
terized as having high noise levels. All new development located in
this district shall incorporate a noise level reduction of 25 decibels.
Where the contemplated use to be made of any structure makes
noise reduction unnecessary or useless, the noise reduction re-
quirements specified herein shall not apply, but approval may be
subject to such conditions as to changes of use or subsequent
uses as the Commission may impose.
10. Airport District Five CAD V)
This district is designed to regulate land use in an area charac-
terized as having high noise levels. All new development located in
this district shall incorporate a noise level reduction of 20 decibels.
Where the contemplated use to be made of any structure makes
noise reduction unnecessary or useless, the noise reduction re-
quirements specified herein shall not apply, but approval may be
subject to such conditions as to changes of use or subsequent
uses as the Commission may impose.
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B. FC (FREEWAY CORRIDOR OVERLAY) DISTRICT
1. Purpose
This overlay zone is intended to provide special design guidelines
which address the siting and design of non residential structures
within the immediate viewshed of motorists traveling the 1-10 and 1-
215 freeway corridors and State Highway 30 and its connecting
segment to the 1-215.
2. ADDlicability
The FC (Freeway Corridor Overlay) District shall be in effect in all
non residential zoning districts for a distance of 300 feet or to the
first public street (whichever is greater) from the edge of the
freeway right-of-way. Any parcel wholly or partially within this area
is subject to the requirements herein.
As an overlay, this District is imposed in addition to those of the un-
derlying district. Any developments within the geographic limits of
this Overlay must conform to the requirements of both Districts or
the more restrictive of the two.
3. DeveloDment Standards
a. Landscape setback buffer
A 25 foot landscape setback buffer is required along all
freeway frontage whether the property fronts or backs up to
the freeway. The buffer shall contain, as a minimum, one
24" box "Green Gem" for every 30 feet of adjacent lot line.
The trees may be clustered.
b. Building setback
A minimum building setback of 50 feet from the freeway right
of way line will be required.
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c. Service, loading, and equipment storage areas
Service areas including storage, special equipment, main-
tenance, and loading areas shall be screened with landscap-
ing aIld architectural elements. The purpose is to hide those
areas from the freeways. Loading docks and service areas
must be located on interior side yards and concealed from
public "freeway" view.
Utility equipment and communication devices located on the
grounds must be screened so that the site will appear free of
all such devices. Utility lines for water, gas, sewage, electri-
cal, and communication must be installed underground.
Refuse collection areas are to be visually screened with a
~ perimeter wall using materials and colors compatible
with those of the adjacent buildings. Refuse collection areas
are to be located on an interior building side yard and shall
be roofed if the contents of the area are visible from any
freeway.
Service, storage, and maintenance areas shall be con-
structed and maintained according to the following criteria:
(1) No materials, supplies or equipment, including trucks
or other motor vehicles, are to be stored on-site ex-
cept inside a closed building or behind architectural
screening, to prevent visibility from the freeway. The
storage of vehicles for sale is exempt from this re-
quirement.
(2) All storage areas shall be screened by walls and shall
be located on the side or rear portions of buildings.
(3) Architectural screening shall be constructed of the
same materials and finishes compatible with the ad-
jacent building, and shall be designed and placed to
complement the building design.
(4) No service, storage, maintenance, or loading area
may extend into a landscape setback buffer area.
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d. Building facade
Desireable:
(1) Facades should be designed to convey a sense of
order through the interplay of light, shadow and tex-
ture.. Facade articulation should reinforce a sense of
quality and integrity. ')
(2) A sophisticated refinement of the building proportions
and'fenestration.details should be carefully conceived
to a~hieve desired goals.
(3) Facades shall reflect the quality and the integrity of
the underlying structure in a clear and consistent man-
ner. Window panels (if used) and spandrels shall be
differentiated and the percentage of window glass to
non-glass area should be a minimum of 25% (win-
dow) and 25% (wall) in retail uses.
(4) Recessed or articulated wall surfaces columns and
beams will help to visually segment an otherwise mas-
sive exterior wall surface.
Undesirable:
(1) Boxy and monotonous facades which lack a sense of
scale will not be permitted.
(2) Weak or token expressions of structure or an incon-
sistent statement of structure will not be permitted.
(3) Arbitrary, decorative, or stylized architectural treat-
ments will not be permitted.
(4) Larger amounts (more than 70% of wall surface) of
reflective glass will not be permitted.
e. Mechanical equipment
Roof-mounted mechanical equipment shall be screened on
all sides. Any devices located on the building will be proper-
ly screened to minimize visual impact. The color of these
devices will be the same as the building color.
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Buildings shall appear free of all utility and communication
devices. Satellite dishes and antennas shall be ground
mounted unless technically infeasible, and shall be located
and treated in a manner that reduces visibility from
freeways. All installation locations shall be noted on the site
plans.
1. Freeway adjacent signs
Freeway adjacent signs are limited to identifying the com-
plex, major anchor tenant, building, or company occupying
the site.
Freeway adjacent signs are allowed on parcels with more
than 300 feet of freeway frontage in addition to other signs
allowed.
Site identification along a freeway frontage will be limited to
monument-type signs developed for freeway visibility.
These signs are to be located within the individual building
site in the landscape setback running parallel to the freeway.
The sign shall be perpendicular to the freeway. Location
shall be approximately midway between side property lines.
There shall be no more than one double-faced freeway sign
per site. Said sign is limited to identifying the project, build-
ing, complex, or major tenant occupying the site.
Projects over five (5) acres in size with more than one
thousand (1,000) feet of freeway frontage may be permitted
two (2) freeway adjacent signs at the discretion of the Com-
mission. Said signs shall not be placed closer to one
another than six hundred (600) feet. All other regulations
apply.
Buildings, such as hotels and restaurants, fronting the
freeway are entitled to have a freeway monument sign and a
building sign visible from the freeway.
The maximum installed sign height shall not be greater than
10'-0. above freeway elevation. The maximum height of the
sign panel shall be 7'-0., the width shall be 25'-0., and the
total sign area shall not exceed 125 square feet.
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Any tree in the landscaped buffer that is removed to accom-
modate the installation of any sign shall be replaced with a
minimum 48" box tree.
g. Prohibited signs
(1) A-frame signs
(2) Roof signs
(3) Bench signs
(4) Billboard signs
(5) Captive balloons
(6) Emitting sign
(7) Inflatable signs
(8) General advertising signs
(9) Off premise signs
(10) Portable sign
(11) Animated signs, except time/temperature devices
(12) Paper, cloth, and plastic streamer signs
(13) Painted signs on primary walls
(14) Pennants
(15) Statues used for advertising
(16) Traffic sign replicas
(17) Vehicle signs
(18) Directional signs which incorporate business logo or ID
(19) Permanent "come-on" signs (Sale Today!, Stop,
Look, etc.)
Direct and indirect lighting methods are allowed provided
that they are not harsh or unnecessarily bright. The use of
can type box signs with white or light colored translucent
backlit panels are not allowed on any structures or as a
freestanding sign. (Refer to the design guidelines for signs
in Chapter 19.16).
h. Prohibited Structures
(1) Metal Buildings
(2) Buildings with open, exposed craneways
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C. FF (FOOTHILL FIRE ZONES OVERLAY) DISTRICT
The Foothill Communities Protective "Greenbelt" Program identifies three
foothill fire zones that have different degrees of hazard based on slope,
type of fuel present and natural barriers. The foothill fire zones are: A-Ex-
treme Hazard B-High Hazard C- Moderate Hazard. Fire Zones A & Bare
determined based on slope with Zone B including slopes from 15- 30%
and Zone A including slopes of 30% or greater, as shown below (Figure
-l. The slopes shall be determined by the slope analysis, submitted
with the project application.
The standards apply to all or some of the foothill fire zones as noted by
the letter(s) in parenthesis following each standard.
1. Access and Circulation.
a. Local hillside street standards may be used to minimize grading and erosion potential
while providing adequate access for vehicles, including emergency vehicles. The right-
of-way shall be 44 feet with 36 feet of paved width and parking on both sides. (A + B)
b. Streets may have a paved width of 28 feet with parking on 1 side of the street only,
subject to review and recommendation by the Fire Chief and Director of Public
Works/City Engineer with approval by the Commission. (A + B)
c. Subdivisions shall be designed to allow emergency vehicle access to wildland
areas behind structures. This is to be accomplished in either of 2 ways:
1. Provide a perimeter street along the entire wildland side of a development; or
2. Provide a fuel-modified area, a minimum of 50 feet in depth, adjacent to the
foothills and connected to the street by flat 12 foot minimum access ways placed no
more than 350 feet apart. If designed as a gated easement, access ways may be part
of a side yard. (B)
d. No dead-end streets are to be permitted. Temporary cul-de-sacs are required.
(A+B+C)
e. All cul-de-sac turnarounds and curves must be designed with a minimum radius of
40 feet to the curb face. (A+B+C)
f. The maximum cul-de-sac length is 500 feet. Cul-de-sacs longer than 500 feet may
be permitted subject to review and recommendation by the Fire Chief and approval of
the Commission. (A+B)
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g. Maximum street grades shall be 12% for a maximum distance of 450 feet with all
weather non-skid surface and require review authority approval with consent by the Fire
Chief and City Engineer. (A+B+C)
h. All driveways shall be less than 150 feet in length and have an all-weather driving
surface of not less than 20 feet of unobstructed width and 14 feet 6 inches of vertical
clearance. The grade shall not exceed 12% unless on-site fire protection measures are
approved by the Fire Chief. (A+B)
2. Site and Street Identification
a. Non-combustible and reflective street markers shall be visible for 100 feet pur-
suant to City standards. (A+B+C)
b. Non-combustible building addresses of contrasting colors shall be placed on the
structure fronting the street. Three inch high lettering and numbers visible at least 100
feet are required. (A+B+C)
3. Roadside VeQetation
All vegetation shall be maintained and all dead plant material shall
be removed for a distance of 10 feet from curbline. (A+B)
4. Water Supply
a. Static water sources such as fire hydrants and wells shall have clear access on each
side of at least 15 feet. (A+B+C)
b. A minimum of 2 private spigots facing the foothills/wildlands shall be required for
each structure. (A+B)
c. Fire hydrants shall be identified with approved blue reflecting street markers.
(A+B+C)
d. There shall be a minimum level distance of 50 feet between maximum grade streets.
Fire hydrants shall be placed on this level surface.
e. Each cul-de-sac greater than 300 feet in length shall have a minimum of 1 hydrant.
(A+B)
5. Erosion Control
a. Require compaction of all fills. (A+B+C)
b. For all new projects, erosion and drainage control plans must be prepared by a
licensed civil engineer, and be approved prior to permit issuance. (A+B)
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c. Erosion control plans shall incorporate the use of fire resistant vegetation. (A+B)
d. Project referral notices shall be sent to the appropriate Resource Conservation Dis-
trict for erosion control comments in foothill areas. (A+B)
e. Maintain firebreak fuel modification zones, when required, through home owner as-
sociations, assessment districts or other means. (A+B)
6. Construction and Develooment Desian
a. A slope analysis shall be filed with all discretionary applications for all projects in
Fire Zones A & B consistent with the Hillside Management section of the General Plan
and Section of this Code. (A+B)
b. Structures shall be located only where the upgraded slope is less than 25%. If the
building pad is adjacent to a slope which is greater than 25% and is greater than 30 feet
in height, a minimum pad setback of 30 feet from the edge of the slope is required. The
setback may be less than 30 feet only when the entire slope, or 100 feet adjacent to the
building pad, whichever is less, is landscaped with fire resistant vegetation and main-
tained by an automatic irrigation system. (A+B)
c. In a subdivisions, all proposed property lines shall be placed at the top of the
slopes. (A+B+C)
d. No new development shall be permitted where the slope exceeds 40%. One single
family structure may be constructed on existing lots of record where the slope is 30% or
greater. (A)
e. No development shall be permitted in narrow canyon mouths or ridge saddles. (A+B)
f. Open ends of tile roofs shall be capped with non ignitable material to prevent birds
nests or other combustible material to be located within the roof structure. (A+B+C)
g. All roof overhangs shall be enclosed with materials rated by the Uniform Building
Code as one-hour fire resistant. (A+B)
h. Attic vents which are placed under the roof overhang shall be located nearthe roof
edge rather than toward the eX1emal wall. (A+B)
i. No attic vent shall be placed facing the foothills/wildland. (A+B)
j. Vents shall be no larger than 144 square inches and covered by 1/4 x 1/4 inch cor-
rosion resistant wire mesh. (A+B)
k. Roof mounted turbine vents shall not be permitted. (A+B)
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I. Patio covers shall be constructed of Uniform Building Code non-combustible
materials. (A+B)
m. All glass facing the wildlands shall be extra thickness or double paned and meet
Uniform Building Code requirements. (A+B)
n. Any exposed roof and wall piping, vents, flashing and other penetrations and ap-
pendages shall be constructed of non- combustible materials. (A+B)
o. All accessory structures, guest housing or second units shall conform to all fire
protection zone standards. (A+B)
p. All roofs shall be constructed with non-combustible, non-wood materials, (A+B+C)
q. All exterior walls shall be constructed with materials rated by the Uniform Building
Code as one-hour fire resistant. (A+B+C)
r. Chimney spark arrestors are required, constructed of 12 gauge wire screen with
1/2 inch opening mounted in vertical positions visible from the ground. (A+B+C)
s. Structures, including decks supported to any degree by stilts, shall either have all
under-floor areas encased with one-hour fire resistive materials, or meet the require-
ments of heavy timber (Type IV) construction. (A+B)
t. All fencing shall be constructed of non-combustible, non-wood materials, There
shall be gates facing the road for emergency pedestrian access, constructed of non-
combustible, non-wood materials. (A+B+C)
u. The minimum distance between structures shall be 60 feet in Zone A and 30 feet in
Zone B. (A+B)
v. Fire resistant plant materials shall be planted for a minimum of 50 feet adjacent to
the foothills. (A+B)
w. Firewood may only be stacked on the uphill contour away from the home. (A+B)
x. All fuel tanks must be placed a distance from structures and property lines in ac-
cordance with the Uniform Fire Code. All vegetation must be cleared for a radius of 10
feet from the tanks. (A+B)
y. Underground utilities are required for new subdivisions and individual structures.
(A+B+C)
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Z. All new swimming pools or other significant water sources (500 gallons or more) shall
be designed so as to be used by the Fire Department in an emergency. Design shall
consider the most economical and simple method(s) available. The design must be ap-
proved by the Fire Department. (A+B)
aa. Retrofitting of structures is required when more than 25% replacement occur; Le.,
roofing, fencing, room addition. (A+B+C)
7. Miscellaneous
Deed restrictions shall require that all future transfers of property
disclose to the purchaser the high fire hazard designation ap-
plicable to the property. (A+B+C)
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D. FP (FLOOD PLAIN OVERLAY) DISTRICT
This overlay district is intended to protect the public health, safety, and
general welfare, and to minimize hazards due to flooding in specific areas
as identified by the latest adopted Flood Insurance Rate Maps.
Proposed development within the subject overlay district shall comply with
Federal Emergency Management Agency (FEMA) requirements and
Chapter 15.72 (Flood Control Measures) of the Municipal Code.
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D. HM (HILLSIDE MANAGEMENT OVERLAY) DISTRICT
1. Purpose
It is the purpose of this section to provide for low-density residential
development in the City's hillside areas and to assure that this
development occurs in a manner which protects the hillside's
natural and topographic character and identity, environmental sen-
sitivities, aesthetic qualities, and the public health, safety, and
general welfare.
This protection is obtained by insuring that development does not
create soil erosion, silting of lower slopes, slide damage, flooding
problems, and severe cutting or scarring.
It is the intent to encourage a sensitive form of development while
still allowing for residential uses which complement the natural and
visual character of the City and its hillsides.
2. Policies
The regulations, development standards, and design guidelines set
forth in this section are based on the following policies:
a. To minimize the effects of grading and insure that the natural
character of hillsideareas is retained;
b. To preserve the most visually significant slope banks and
ridge lines in their natural state by providing for low density
development;
c. To encourage variety in housing types, padding techniques,
grading techniques, lot sizes, site design, density, arrange-
ment, and spacing of homes and develop ments;
d. To encourage innovative architectural, landscaping, circula-
tion, and site design;
e. To discourage mass grading of large pads and excessive
te rraci ng;
f. To provide for safe circulation of vehicular and pedestrian
traffic to and within hillside areas, and to provide adequate
access for emergency vehicles necessary to serve hillside
areas;
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g. To take into account unstable slopes, or slopes subject to
erosion and deterioration, in order to protect human lives
and property;
h. To encourage design and building practices to assure
maximum safety from wild fire hazard; and
i. To preserve visually significant rock outcroppings, native
plant materials, and natural hydrology.
3. Applicability
The HM (Hillside Management Overlay) District is intended to be
the approximate location of the hillside areas along the foothills in
the northern area of the City. The foothill area is defined as that
area beginning on the east side of the City limits at Boulder Avenue
and Highland Avenue; thence northwesterly along the extension of
Piedmont Drive to Victoria Avenue; thence northerly up to the exten-
sion of Piedmont Drive westerly to Foothill Drive; thence along
Foothill drive west to Del Rosa Avenue; thence north to the exten-
sion of 40th Street; thence west along 40th Street to Waterman
Avenue; thence north to teh P.1. Railroad right-of-way; thence west
along the P.E. Railroad right-of-way to Northpark Boulevard; thence
west along Northpark Boulevard extending to teh Muscupiabe
Rancho Line; thence west to teh city limits, more particularly
described as shown on map labeled Exhibit "A" on file in the Plan-
ning and Building Services Department.
Areas of 15 percent natural slope or less along the external border
of the Overlay District at the base of the hillsides, as determined by
the preparation of a slope map by a licensed civil engineer, may be
excluded from the density and development provisions of this sec-
tion. Those areas excluded shall revert to the underlying zone dis-
trict density and development standard provisions.
The standards contined in this section apply to all uses and struc-
tures within the HM Overlay District and are in addition to those of
the underlying district.
4. Permitted and Conditionally Permitted Uses
Uses permitted or conditionally permitted within the HM Overlay
District shall be the same as those for the underlying district.
A Conditional Use Permit shall be requried for all land subdivisions
and non-residential uses.
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5. Planned Development Permit Reauired
A Planned Development Permit, in accordance with the require-
ments of Chapter 19,40 of this Code, shall be required for all ap-
plicable uses and structures permitted in this overlay district.
6. DeveloDment Standards
a. Density
Notwithstanding the density allowed by the underlying
zoning district, the maximum density on any parcel to which
this section applies shall not exceed the units per acre for
each of the average percent slope ranges indicated below.
Averaoe Slope 1%\
Units Per Acre
0-14
15-24
25-30
30-39
40+
2.0
1.0
0.5
0.1
Development not permitted
b. Calculation of Average Slope
The average slope of the land to be divided within this over-
lay zone shall be determined in accordance with the follow-
ing formula:
S = 00229 IL IN-1)
AN
Where:
.00229 is the conversion factor for square feet;
I = contour interval in feet;
L = combined length of contour lines in scale
feet within the land to be divided;
A = area of the land to be divided, in acres.
N = number of contours included in L
c. Exclusions
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The determination of the average slope of a site shall be
based on the entire parcel, except that ravines and other
areas with a slope in excess of 40 percent may be excluded
from the determination of the average slope, at the discre-
tion of the Director. The Director may exclude portions of
the site from this determination if he/she finds that the parcel
to be excluded forms one contiguous area of reasonably
regular configuration (based on existing topography).
Any area excluded from the determination of the average
scope shall be designated on any future development plans
as permanent open space and may be offered for dedication
to the City. Such excluded areas shall not be included in
determining the maximum unit count under subsection a.
above.
d. Bonus for Exclusions
For any portion of land excluded from the density calculation
the Director may assign up to one unit per 5 acres to such
portion for the purpose of determining the maximum number
of lots which may be permitted. The number so determined
shall be added to the number permissible on the remaining
portions to obtain the total number of lots permitted on the
land to be divided.
The computation of the maximum number of lots is intended
solely to set up an absolute maximum. A lesser number of
units may prove to be the maximum permitted based upon
compliance with other hillside development and grading re-
quirements.
e. Minimum Parcel Size
No absolute minimum parcel widths and depths are
specified. Buildable area is considered to be a contiguous
area of the lot which is less than 40 percent in natural slope
or the area determined through the hillside development
plan review.
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1. Setbacks
(1) Front, side, and rear setbacks shall be determined
based upon the precise development plan and en-
vironmental studies.
(2) On property located on downhill slopes having
a twenty-five percent or greater slope (measured in
the general direction of the side lot lines), a private
garage may be constructed in teh requried front yard;
provided, however, that every portion of the garage
shall be at least five feet from the front lot line.
g. Building Height
(1) The maximum height of a proposed structure
shall not exceed the midpoint of the structure on the
immediately uphill lot.
(2) Where there is no structure on the immediately
uphill lot, the maximum height shall not exceed a
point 8 feet above the average ground level of the
uphill lot.
(3) "Immediately uphill lot" shall mean an adjacent
lot, whether or not separated by streets, easements,
or the like, which has an average ground level higher
than the average ground level of the subject lot. If
more than one lot meets the definition of "immediately
uphill lot" then the measurements required by this sec-
tion shall be made against the lower lot.
(4) "Midpoint" shall be that point equidistant from the
foundation at ground level to the apex of the roof, but
not including roof structures, stairways, tanks, ventilat-
ing fans, or similar equipment required to operate and
maintain the building and fire or parapet walls,
skylights, towers, flagpoles, chimneys, smokestacks,
wireless and television masts, or similar structures.
(5) Nothing in this section shall be consrued to allow
the height of a structure, including a single family
residence, to exceed that allowed in the underlying
zone.
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h. Fire Sprinklers Required
All residential structures shall be provided with interior
sprinklers in order to help decrease the spread of fire.
i. Ingress and Egress
A tentative map, final map, tentative parcel rnap, or parcel
map shall provide for at least two different standard routes
for ingress and egress in accordance with the requirements
for subdivisions in Chapter 19.26 of this Code.
j. Street Standards
Streets in this overlay zone shall conform to the following
standards:
(1) The minimum right-of-way width shall be 50
feet except in an unusual circumstance where terrain
prohibits development on one side of the hillside
street. In such cases, the City Engineer may require
slope easements for any cut or fill slopes outside the
right-of-way.
(2) Curb-to-curb width shall be 36 feet except
for the following;
(a) Where the street is an access route only with
no development occurring along that portion of
the street and only emergency parking is
provided for, the curb-to-curb width may be
reduced to 28 feet.
(b) Where the development density does not
exceed 2 dwelling units per acre and adequate
off-street parking is provided for, the curb-to-
curb width may be reduced to 28 feet.
(3) A maximum grade of 8 percent is desired for
hillside areas and no grade exceeding that amount
shall be approved by the City Engineer except where
conclusive proof in writing is given that conformity
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with the standards set forth in this Code would be im-
practical. Any street grades in excess of 12 percent
shall require approval by the Commission with the
consent of the Police Department, Fire Department,
and City Engineer.
(4) Minimum centerline radius shall be245 feet
except that the City Engineer may approve a lesser
radius in cases where safety design measures have
been incorporated into the street design.
(5) One way streets may be permitted where it can be
shown that they reduce the overall amount of cut and
fill required.
(6) Cui de sacs to a maximum length of 750 feet in
leng1h may be permitted with a maximum of 40 dwell-
ing units and to a maximum length of 1,000 feet with
a maximum of 20 dwelling units, and shall be ter-
minated with a turn-around area not less than 50 feet
in radius.
(7) Sidewalks on only one side of a street may be permitted
in hillside areas subject to the approval of the City En-
gineer.
(8) All other street improvement standards shall conform
to the standard plans and specifications of the City
Engineer.
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7. Development Performance Standards
The following minimum performance standards are required for any
development within this Overlay District. Necessary information
shall be provided with the Planned Development Permit application
as prescribed in Chapter 19.40 to determine compliance with these
standards.
a. Soils/Grading
(1) Grading of any site shall conform to the following
grading standards, based upon the percent of the
natural slope.
(a) Less than 10%: Redistribution of earth over
large areas may be permitted. However, such
grading shall not disrupt existing land form,
major drainage patterns, and areas of sig-
nificant vegetation.
(b) 10% - 19.9%: Some grading may occur, but
landforms must retain their natural character.
Padded building sites may be allowed, but cus-
tom foundations, split level designs, stacking
and clustering is expected to mitigate the need
for large padded building areas.
(c) 20% - 29.9%: Mass grading is not permitted.
Special hillside architectural and design techni-
ques are expected in order to conform to the
natural land form.
(d) 30% - 39.9%: Development and limited grading
can only occur in this category if it can be clear-
ly demonstrated that safety, environmental,
and aesthetic impacts will be avoided.
(e) Greater than 40%: Development and grading
is prohibited in this slope category.
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(2) Grading shall be designed to:
(a) Conserve natural topographic features and
appearances by means of land sculpturing to
blend graded slopes and benches with natural
topography.
(b) Retain major natural topographic features such
as canyons and prominent landmarks.
(3) All graded areas shall be protected from wind and
water erosion through acceptable slope stabilization
methods such as planting, walls, or netting.
(4) Slopes created by grading of the site shall not exceed
30 percent;
UNACCEPTABLE
\ \ \ UNNATUWAL / ./'
CUT SLOPE / /
\ ,,\/alGh, / /
\ \2f\~ /'Y{jl /
\ \L\ \",,75 ~ jI-(../
\LL.l.-uo .... -r--JF,
\ \ \ \. I -r I
\ \ \ ,_./ I I I
\ \ '~-_./ / /
\ ' / I STANDARD CUT
'- / / INTO NOSE
\ - _ ./ OR RIDGEUNE
, //
---
PREFERRED
\ //
\>\'c,-~i //j/
\\~~(~X
~\ ~~---7'-f': / / ROUND OFF
~ __ CUT EDGES
\ \ - I l TO CONFORM TO
\ "...... /' / THE NATURAL GRADE
\ " / /
\ '-_/ //
" /
....._-~
UNACCEPTABLE
REGULAR SLOPES
SHARP CUT
PREFERRED
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b. Public Safety
(1) Fire Safety
All developments in this overlay zone shall comply
with the standards of the G (Greenbelt Overlay) Dis-
trict. In the course of the review for a project in this
overlay zone, the Fire Chief will be reviewing each
project to determine compliance with fire safety stand-
ards. The standards cover such items, as but not
limited to:
(a) Number of access points and street designs
for each development;
(b) Driveway lengths and widths;
(c) Distances between dwellings;
(d) Fuel management plan;
(e) Water flow and fire hydrant requirements'
(I) Fire retardant building materials.
(2) Geotechnical
(a) Any development or subdivision within the
Alquist-Priolo "Special Studies Zone" shall con-
duct a geologic study in conformance with the
requirements of the Zone. This study shall be
prepared by a certified engineering geologist.
(b) No structure for human occupancy, other than
one-story wood frame structures shall be per-
mitted within 100 feet of an active or potentially
active fault trace. Wood frame structures for
human occupancy shall not be located within
50 feet of an active or potentially active fault
trace.
(c) No emergency facilities, community facilities,
or places of general public assembly shall be
permitted within the Alquist-Priolo Zone.
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(d) All structures within the trace shall require the
seismic features of the structure to be
reviewed and approved by a professional en-
gineer specializing in seismic/structural design.
(e) The Building Official may require special
construction methods of structures where it
has been determined to have potential
geologic hazards.
(f) A statement shall be included on every deed
for each lot within the development, which in-
forms the prospective owner of the potential
for seismic activity, and the potential hazards.
c. Water/Drainage
(1) On-site catch basins or siltation basins, as well as
energy absorbing devices, may be required as a
means to prevent erosion as well as to provide for
ground water recharge.
(2) Natural drainage courses should be protected from
grading activity.
(3) Where brow ditches are required, naturalize with
plant materials and native rocks.
. .:( ~D~CA~ING TO SCREE~'
DRAJNAGE SYSTEM
J) 1/ ..,.. \
'--../ / / If(~ \ \ "
::::::;~ /' IZ~. ' \ \ '-
-..........:_____ //'/ II.."" \\"
~______//tt,,;~":>'~X ;:
-----//1&::.J:.. \"'- '
- /. :.' ,,'--
----- .' "-
LOCATE PUNT MATERIAL
IN SWALES TO SIMULATE
. THE NATURAL CONomON
FILTERED VIEWS
~ - ----
...--
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(4) Maximum coverage of a parcel by impervious surfaces
shall not exceed 40 percent of the gross land area,
and such maximum may be reduced by the Director
in areas where the slope exceeds 15 percent.
d. Animal and Plant Life
(1) Areas of a site which are identified in the environ-
mental study as having biological significance shall
be preserved.
(2) Natural vegetation shall be maintained wherever
possible. If removal is required, reestablishment of a
compatible plant material will be required.
(3) All exposed slopes and graded areas shall be land-
scaped with ground cover, shrubs, and trees.
(4) Existing mature trees shall be incorporated into the
project.
....
...
...
....
Natural vegetation retained
Graded slopes to be replanted
with native or naturalized
...... ...... plant materials.
'\,
....
---
(5) Water and energy conservation techniques shall be
utilized, such as special irrigation techniques (e.g.,
drip irrigation), drought tolerant plant species, alluvial
rockscape, etc.
(6) Wherever possible, fire resistant native vegetation
shall be preserved and planted.
(7) Introduction of landscaping within the hillside areas
should make maximum use of texture, color, be
capable of blending in with the natural landscape,
and help to soften the effects of buildings, walls, pave-
ment, and grading.
(8) Screening along roadways should make maximum
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use of berming and landscaping.
e. Design
(1) Dwelling units and structures shall be compatible
with the natural surroundings of the area and shall
not dominate the natural environment.
(2) Exterior finishes of dwelling units and structures
should blend in with natural surroundings by using
earth tone colors and avoiding reflective materials or
finishes.
(3) Site design should utilize varying setbacks, building
heights, innovative building techniques, and building
and wall forms which serve to blend buildings into the
terrain.
(STEP STRUCTURE WI1lf SLOPED
ROOF IN GENERAL DIRECTION
OF THE NATURAL SLOPE
......
......
......
......
o :-....
......
..... .~.
~. -
(4) Dwelling units and structures shall be sited in a
manner that will:
(a) Retain outward views from each unit;
(b) Preserve or enhance vistas, particularly those
seen from public places;
(c) Preserve visually significant rock outcroppings,
natural hydrology, native plant materials, and
areas of visual or historical significance.
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(5) The highest point of any structure shall not be located
within 100 vertical feet of a ridgeline (Le., a ground
line located at the highest elevation of a connected
series of major and minor hills or mountains).
(a) Use the natural ridgeline as a backdrop for
structures;
(b) Use landscape plant materials as a backdrop; and
(c) Use structure to maximize concealment of cut
slope.
(6) Retaining Walls/Fences
(a) Retaining walls shall be used in the following
manner:
UDslope - One wall per lot not exceeding 8
feet in height.
DownsloDe - One wall per lot not exceeding
42 inches in height may be used.
Lots slopino with the street of access or other
conditions - One retaining wall on each side of
the lot may be used not exceeding 42 inches
in height.
RetaininQ walls adiacent to driveways - Walls
being an integral part of the structure may
exceed 8 feet in height if necessary.
(b)
Exposed walls and fences facing roadways
shall be no greater than 5 feet in height.
(c)
Where retaining walls face roadways, they shall
be built of natural materials indigenous to the
area (Le., rock facing).
STRUCTUFlIESHOU1..D FALL BELOW
TOPOf'RIDGEELEVAll0N )
A!TAlN RIDGEUNI! TO PROVIDE VISUAL
_ :e:o:o:~:PMarr 2 _ _ _ _
use LANDSCAPE PLAtfT MA Te:RIAL AS
A SUPPLI!MENT OR SUBSTTTUTE FOR
. RIDGEUNE BACKDROP IF RIDGE IS GRADED.
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8. Planned DeveloDment Permit Required
a. Project Initiation
To initiate a project on any parcel within the HM Overlay District,
the property owner(s) or assignee(s) shall submit a Planned
Development Permit Application to the Department in accordance
with the provisions of Chapter 19.40.
The Commission shall have the responsibility for review and ap-
proval of said applications, except that the Director shall review
and act upon all Planned Development Permits for single family
residences on existing lots.
b. Contents of the Application
An application for a Planned Development Permit within the HM
Overlay District shall include the following:
(1) A topographic map of the project site and land and
structures within 100 feet of the project boundaries.
The map shall be drawn to a scale of not less than
one inch equals 100 feet with a maximum contour in-
terval of ten feet. The maximum contour interval shall
be 5 feet where terrain has a slope of less than 25%.
(2) A tree map, drawn to the scale prescribed above,
locating existing trees on the project site with a trunk
diameter of 6 inches or greater or having a vertical
height from ground level to tree-top level of 25 feet or
greater. This map shall define the species of such
trees and identify their approximate trunk diameter,
base elevation, height, and condition. No such trees
shall be removed without prior written approval of the
Commission.
(3) A site or plot plan of the proposed project, including
representations of property lines and recorded and
proposed easements and public rights-of-way. Exist-
ing structures within 100 feet of the site shall also be
shown on the site or plot plan.
(4) A preliminary grading plan for the project, drawn to
the same scale as required above.
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(5) Colored maps of existing and final slope, based on
the following slope categories: 0-10%,10.1-15%,
15.1-20%, 20.1-25%, 25.1-30%, 30.1-35%, 35.1-
40%, greater than 40% adjoining slope categories
shall be shown using contrasting colors.
(6) Sections or elevations of the proposed project.
Plans shall indicate those residences which may be
affected in terms of view obstruction.
(7) A soils engineering report including data regarding
the nature, distribution and strengths of existing soils,
conclusions, and recommendations for grading proce-
dures, design criteria for and identified corrective
measures, and opinions and recommendations
regarding existing conditions and proposed grading.
This investigation and report shall be performed by a
professional soils engineer experienced in the prac-
tice of soil mechanics and registered with the state of
California.
(8) A geology report including the surface and subsurface
geology of the site, degree of seismic hazard, con-
clusions and recommendations regarding the effect of
geologic conditions on the proposed development,
opinions and recommended design criteria to mitigate
any identified geologic hazards. This investigation
and report shall be performed by a professional
geologist experienced in the practice of engineering
geology and registered with the state of California.
(9) A hydrology report which shall include areas of possible
inundation, downstream effects, natural drainage
courses, conclusions, and recommendations regard-
ing the effect of hydrologic conditions on the
proposed development, opinions and recommenda-
tions regarding the adequacy of facilities proposed for
the site, and design criteria to mitigate identified
hydrologic hazards. This report shall account for
runoff and debris from tributary areas and shall
provide consideration for each lot or dwelling unit site
in a development. Runoff and debris volumes shall
be computed using San Bemardino County Flood
Control District criteria. This investigation and report
shall be prepared by a registered civil engineer ex-
perienced in hydrology and hydrologic investigation.
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(10) A preliminary landscaping plan showing disposition
of existing trees, and the type and extent of proposed
vegetation.
(11) The applicant may be requested to submit a scaled
profile model or an isometric drawing depicting any or
all of the site proposed for development. The
developer may be required to submit photographs of
the site showing the proposed development and its ef-
fect.
(12) Covenants, conditions, and restrictions (CC&R's),
including but not limited to development plans, com-
mon area and slope maintenance, private area
landscaping and maintenance shall be submitted and
approved prior to the recordation of a final tract map.
(13) Other information or application materials as may be
deemed necessary or desirable by the Director of
Community Development.
c. Modification of Submittal Requirements
The requirement to submit any or all of the materials
enumerated above may be varied by the Director under the
following conditions:
(1) Recently completed and satisfactory reports covering
the same subject matter of the same site already in
existence; or
(2) Some or all of the above reports are included as part
of an approved Environmental Impact Report or Nega-
tive Declaration; or
(3) The reports described in 1. and 2. above were previous-
ly prepared for a site in close proximity to the project
and such other site possesses similar characteristics
to the subject project lot or parcel.
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d. Evaluation of Planned Development Permit Application
The Commission shall evaluate the Planned Development
Permit Application based on the following criteria:
(1) In general, the project shall be designed to fit the
existing topography; the site shall not be graded to ac-
commodate the project.
(2) The proposed density does not exceed the maximum
allowed density.
(3) Final contours and slopes shall generally reflect
existing landforms; in particular, building pads and ter-
races interspersed with slopes shall not be created
and ridgelines, knolls, and significant tree masses
shall be maintained.
(4) The proposed development seeks to avoid significant
intrusion(s) into the views from adjoining up-slope
residences.
(5) Views from public open space areas, rights-of-way,
and other public places and of major public open
space areas are is not significantly affected.
(6) Wide pads or level areas are not created to accom-
modate roads. Roads should be fit into the existing
topography; one-way roads may be preferred over
two-way roads to reduce grading, and on-street park-
ing should be parallel to the road, not perpendicular.
(7) Buildings, parking, carports, and landscaping shall
be arranged so that view corridors from downslope
lots are created.
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9. APPLICABLE REGULATIONS
All uses shall be subject to the applicable regulations of this Code,
including provisions located in the following Sections:
1. Section 19.42 Conditional Use Permits
2. Section 19.40 Planned Development Permits
3. Section 19.22 Landscaping
4. Section 19.20 Off-Street Loading
5. Section 19.18 Off-Street Parking
6. Section 19.16 Signs
7. Section 19.32 Temporary Use Permits
8. Section 19.38 Variances
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F. HP (HISTORIC PRESERVATION OVERLAY) DISTRICT
This section reserved for future ordinance.
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G. MS (MAIN STREET OVERLAY) DISTRICT
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19.12.XXX APPLICABLE REGULATIONS
All uses shall be subject to the applicable regulations of this Code, including provisions
located in the following Chapters:
1. Chapter 19.42
2. Chapter 19.22
3. Chapter 19.20
4. Chapter 19.18
5. Chapter 19.40
6. Chapter 19.16
7. Chapter 19.32
8. Chapter 19.38
Conditional Use Permits
Landscaping Standards
Off-Street Loading Standards
Off-Street Parking Standards
Planned Development Permits
Sign Standards
Temporary Use Permits
Variances
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PROPERTY DEVELOPMENT STANDARDS - 19.14
ARTICLE III - GENERAL
CHAPTER 19.14
PROPERTY DEVELOPMENT STANDARDS
19.14.010 PURPOSE
These standards shall ensure that new or modified uses and development will produce
an urban environment of stable, desirable character which is harmonious with the exist-
ing and future development, consistent with the General Plan.
19.14.020 APPLICABILITY
Any permit which authorizes new construction or modifications to an existing structure
shall be subject to the standards set forth in this Chapter.
19.14.030 GENERAL STANDARDS
No permit shall be approved unless it conforms to all of the following standards set forth
in this Chapter:
1 . Access
2. Additional Height
Restrictions
3. Antennae, Vertical
4. Design Considerations
5. Dust and Dirt
6. Exterior Building Walls
7. Fences, Walls and Hedges
8. Fire Protection
9. Fumes, Vapor and Gases
10. Glare
11. Hazardous Materials
12. Height Determination
(Buildings and Structures)
13. Lighting
14. Noise
15. Odor
16. Projections into Setbacks
17. Public Street
Improvements
18. Radioactivity
19. Recycling Facilities
20. Refuse Storage/Disposal
21. Satellite Dish Antennae
22. Screening
23. Signs
24. Solar Energy
25. Sound
26. Storage
27. Toxic Substances
28. Undergrounding Utilities
29. Vibration
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PROPERTY DEVELOPMENT STANDARDS. 19.14
These standards apply to more than 1 land use district, and therefore, are combined in
this Chapter. Also, these standards are to be considered in conjunction with those
standards and design guidelines located in the specific land use district chapters.
1. ACCESS
Every structure or use shall have frontage upon a public street or permanent means of
access to a public street by way of a public or private easement, or recorded reciprocal
access agreement.
2. ADDITIONAL HEIGHT RESTRICTIONS
In all land use districts the maximum structure height is 35 feet or .2 story (whichever is
less) when meeting standard setback requirements. However, this provision may be
modified by the applicable review authority as part of a Planned Development Permit ap-
plication subject to the following standards:
A. In addition to the minimum required setbacks for 35 foot high structures,
the setbacks shall be increased a minimum of 2 feet for each 1 foot of ad-
ditional structure height above 35 feet; however the review authority in ex-
ercising their discretion may require significantly greater setbacks.
B. Enhanced buffering to surrounding properties and the appropriateness of
understructure parking shall be evaluated.
C. A visual analysis relating structure proportions, massing, height
and setback shall be conducted to preserve and enhance the scenic view-
shed.
D. The need and appropriateness of the additional height shall be
demonstrated.
E. Compatibility and harmony with surrounding development, and
land use designations shall be demonstrated.
3. ANTENNAE. VERTICAL DESIGN STANDARDS
Vertical antennae, including portable units, shall be installed in the following man-
ner:
A. The subject location shall conform to all standards of the land use
district in which it is proposed.
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PROPERTY DEVELOPMENT STANDARDS - 19.14
B. Vertical antennae are prohibited except for the following:
1. Public agency communication systems; and
2. Private Ham operators.
C. The vertical antennae shall not be located in the following areas:
1. Front setback;
2. Street side setback;
3. Street rear setback; and
4. On any structure, unless architecturally screened.
D. The maximum overall height for a vertical antennae shall be 35 feet
above grade.
E. The operation of the vertical antennae shall not cause interference
with any electrical equipment in the surrounding neighborhoods (e.g.,
television, radio, telephone, computer, etc.).
F. The structure supporting the vertical antennae shall be painted a
single, neutral and non-glossy color (e.g., off-white, creme, beige).
G. The vertical antennae shall be sited to assure compatibility
with surrounding development and not adversely impact the neighborhood.
H. The installation and maintenance of television antennae shall
be consistent with the provisions of Chapter 15.40 of the Municipal Code.
4. DESIGN CONSIDERATIONS
The following standards are in addition to the specific design guidelines con-
tained in the individual land use districts:
A. The proposed development shall be of a quality and character
which is consistent with the community design goals and policies includ-
ing but not limited to scale, height, bulk, materials, cohesiveness, colors,
roof pitch, roof eaves and the preservation of privacy.
B. The design shall improve community appearance by avoiding excessive
variety and monotonous repetition.
C. Proposed signage and landscaping shall be an integral
architectural feature which does not overwhelm or dominate the structure
or property.
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D. Ughting shall be stationary and deflected away from all
adjacent properties and public streets and rights-of-way.
E. Mechanical equipment, storage, trash areas, and utilities shall
be architecturally screened from public view.
F. With the intent of protecting sensitive land uses, the proposed
design shall promote a harmonious and compatible transition in terms of
scale and character between areas of different land uses.
G. All structure elevations shall be architecturally treated.
H. Parking structures shall be architecturally compatible with the primary
and surrounding structures.
I. Both sides of all perimeter walls or fences shall be architecturally
treated.
5. DUST AND DIRT
In addition to the provisions of Section 19._._ (Grading), all land use activities
(e.g. construction, grading, and agriculture) shall be conducted so as not to
create any measurable amount of dust or dirt emission beyond any boundary line
of the parcel. To ensure a dust free environment, appropriate grading proce-
dures shall include, but are not limited to, the following:
A. Schedule all grading activities to ensure that repeated grading
will not be required, and that implementation of the desired land use (e.g.
planting, paving or construction) will occur as soon as possible after grad-
ing.
B. Disturb as little native vegetation as possible.
C. Water graded areas as often as necessary to prevent blowing dust
or dirt.
D. Revegetate graded areas as soon as possible.
E. Construct appropriate walls or fences to contain the dust and dirt
within the parcel subject to the approval of the Director.
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6. EXTERIOR BUILDING/STRUCTURE WALLS
The following standards shall apply to all exterior building/structure wall construc-
tion:
A. Since walls will always be a main architectural and visual feature
in any major development, restraint must be exercised in the number of
permissible finish materials. The harmony of materials and particularly
color treatment is essential to achieve unity in the project.
B. The following designs are deemed unacceptable in any development
and therefore shall be prohibited:
1. Nonanodized and unpainted aluminum finished window frames; and
2. Metal grills and facades. However, grills and facades of unique
design and in keeping with the general decor of the development
and neighborhood may be permitted subject to prior approval by
the Director.
7. FENCES. WALLS AND HEDGES
The following standards shall apply to the installation of all fences, walls and
hedges:
A. On a comer lot, no fence, wall, hedge, sign or other structure,
shrubbery, mounds of earth, or other visual obstruction over 36 inches in
height above the nearest street curb elevation shall be erected, placed,
planted, or allowed to grow within a Traffic Safety Sight Area. The forego-
ing provision shall not apply to public utility poles; trees trimmed (to the
trunk) to a line at least 6 feet above the level of the intersection; saplings
or plant species of open growth habits and not planted in the form of a
hedge, which are so planted and trimmed as to leave at all seasons a
clear and unobstructed crossview; supporting members of appurtenances
to permanent structures existing on the date this Code becomes effective;
and official waming signs or signals.
B. A maximum 6 foot high fence, wall, or hedge may be located anywhere
on a lot except in a Traffic Safety Sight Area, a required front setback or
street-side setback which shall have a 36 inch maximum height or as re-
quired by other regulations within this Code.
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C. Where the elevation of an adjoining property to the side or rear is higher
or lower than the base of the fence on the subject building site, the height
of the fence or wall shall be measured from the elevation of the adioining
property to the top of the fence or wall. However, in no case shall such a
fence or wall exceed eight feet from the base of the fence/wall to the top.
D. Only 1 type of fence or wall design shall be permitted on any 1 parcel or
development. The design may include an appropriate mix of materials
subject to the approval of the Director.
E. The provisions of this Section shall not apply to a fence or wall necessary
as required by any law or regulation of the City or the State of California or
any agency thereof.
F. The use of barbed wire, electrified fence, or razor wire fence
in conjunction with any fence, wall, or hedge, or by itself within any land
use district, is prohibited unless required by any law or regulation of the
City, the State of California, or any agency thereof.
G. Chain link fencing is permitted only in the CH, IL, IH, and IE land use
districts. The fence shall be located only along the side property line, be-
hind the front yard setback and along the rear property line and planted
with vegetation that will screen the fence from adjacent properties and
public areas. Additionally, chain link fencing may be used in conjunction
with tennis courts, private and commercial, and where it is required by any
law or regulation of the City, the State of California, or any agency thereof.
SUBJECT BUILDING sITe
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8. FIRE PROTECTION
All structures shall meet the requirements of the City Fire Department.
9. FUMES. VAPOR. GASES. AND OTHER FORMS OF AIR POLLUTION
No emission which can cause damage to human health, animals, vegetation or
other forms of property shall be discharged into the atmosphere. No other forms
of emission shall be measurable at any point beyond the boundary line of the par-
cel.
10. GLARE
No glare incidental to any use shall be visible beyond any boundary line of the
. parcel.
11. HAZARDOUS MATERIALS
The following standards are intended to ensure that the use, handling, storage
and transportation of hazardous substances comply with all applicable require-
ments of Government Code 65850.2 and Health and Safety Code 25505, et. al.
It is not the intent of these regulations to impose additional restrictions on the
management of hazardous wastes, which would be contrary to State Law, but
only to require reporting of information to the City that must be provided to other
public agencies.
For the purposes of this Section, "hazardous substances" shall include all sub-
stances on the comprehensive master list of hazardous substances compiled
and maintained by the California Department of Health Services.
A. A Conditional Use Permit shall be required for any new commercial,
industrial, or institutional or accessory use, or major addition to an existing
use, that involves the manufacture, storage, handling, or processing of
hazardous substances in sufficient quantities that would require permits
as hazardous chemicals under the Uniform Fire Code, with the following
exceptions:
1. Underground storage of bulk flammable and combustible liquids
pursuant to the provisions of Section ; and
2. Hazardous substances in container sizes of 10 gallons or
less that are stored or maintained for the purposes of retail or
wholesale sales.
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B. All businesses required by Chapter 6.95 of the California
Health and Safety Code to prepare hazardous materials release response
plans shall submit copies of these plans, including revisions to the Direc-
tor at the same time these plans are submitted to the County Environmen-
tal Health Services Department which is responsible for administering
these provisions.
C. Underground storage of hazardous substances shall comply with
all applicable requirements of Chapter 6.7 of the California Health and
Safety Code, and Section 79.113(a) of the Uniform Fire Code. Any busi-
ness that uses underground storage tanks shall comply with the following:
1. Notify the City Fire Department of any unauthorized
release of hazardous substances immediately, or no later than 24
hours after the release has been detected and the steps taken to
control the release; and
2. Notify the City Fire Department and the Director of any proposed
abandoning, closing or ceasing operation of an underground
storage tank and the actions to be taken to dispose of any hazard-
ous substances.
D. Above-ground storage tanks for any flammable liquids shall be allowed
only at refinery or bulk storage plant locations, subject to the approval of
the City Fire Department.
12. HEIGHT DETERMINATION (STRUCTURE~)
All structures shall meet the following standards relating to height:
A. The structure's height shall not exceed the standard for the land use
district in which it is located. The structure height shall be determined
from the finished grade to the highest point of the structure, excluding
chimneys and vents.
B. Pad elevations shall be determined by the Director and the City
Engineer based on the following criteria:
1. Flood control;
2. Site drainage;
3. Viewshed protection from both public and private property;
4. Protection of privacy of surrounding properties including
consideration of the location of windows, doors, balconies, and
decks;
5. Structure setback in relationship to structure height and
property lines;
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6. Sightline and structure envelope analysis;
7. Sewer line grade and location; and
8. Necessary slopes and retaining walls.
C. Perimeter fences, or walls, shall not exceed 6' feet in height, unless as
otherwise provided in this Code. The height shall be measured from the
finished grade of the property.
D. Architectural walls integral to the structure design, attached to the
structure may exceed 6 feet in height, subject to review by the Director.
E. To protect safety sight-distance for vehicular movement, sight
obscuring fences, or walls, or other obstructions shall not exceed 36 in-
ches in height when located in a front setback.
F. Free-standing flagpoles and radio and television antennas may not
exceed the structure height restrictions of the land use district in which
they are located.
Height
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13. LIGHTING
Exterior lighting shall be energy-efficient and shielded or recessed so that direct
glare and reflections are contained within the boundaries of the parcel, and shall
be directed downward and away from adjoining properties and public rights-of-
way. No lighting shall blink, flash, or be of unusually high intensity or brightness.
All lighting fixtures shall be appropriate in scale, intensity, and height to the use it
is serving.
14. NOISE
No loudspeaker, bells, gongs, buzzers, or other sounds, attention-attracting, or
communication device associated with any use shall be discernible beyond any
boundary line of the parcel.
15. ODOR
No use shall emit any obnoxious odor or fumes.
16. PROJECTIONS/CONSTRUCTION PERMITTED INTO SETBACKS
The following list represents the ~ projections/construction that shall be per-
mitted within the required setbacks:
A.
Front Setback:
Roof overhangs, fireplace chimney
B.
Rear Setback:
Roof overhangs, pools, patio covers, tennis courts,
gazebos, and other accessory uses, provided there
is no projection within 10 feet of the property line
c.
Side Setback:
Roof overhangs, fireplace chimney
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17. PUBLIC STREET IMPROVEMENTS
A. Any new construction or remodel construction valued at 25% or more
of the assessed valuation of the primary structure shall require the dedica-
tion of public right-of-way for public street purposes. In addition, the
property owner shall be required to irrevocably agree to participate in any
future assessment district that may be formed to construct public street im-
provements.
B. Whenever street improvements are required along a parcel as a
condition of approval, the entire street section shall be improved with the
portion of the improvement on the opposite side of the street subject to
the establishment and implementation of a specifically defined improve-
ment district.
18. RADIOACTIVITY OR ELECTRIC DISTURBANCE
No activity shall be permitted which emits radioactivity or electrical disturbance.
19. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS
Recycling facilities are subject to permit review in all commercial and industrial
land use districts according to the following schedule:
Type of Facility
Districts Permitted
Permit Required
Reverse Vending
Machine(s)
All Commercial and
All Industrial
Planned Development
Permit and up to
5 reverse vending
machines
Small Collection
CG-1, CG-2,
CR-3 (So. of
1-10) and
All Industrial
Planned Development
Permit
Large Collection
C-H and All
Industrial
Conditional Use Permit
Light Processing
All Industrial
Conditional Use Permit
Heavy Processing
All Industrial
Conditional Use Permit
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For the purposes of this Section, the following definitions shall apply:
A. Collection Facility. A center for the acceptance by donation,
redemption or purchase of recyclable materials from the public, which
may include the following:
1. Reverse vending machine(s);
2. Small collection facilities which occupy an area of less
than 500 square feet and may include:
a. A mobile unit;
b. Bulk reverse vending machines or a grouping of reverse
vending machines occupying more than 50 square feet; and
c. Kiosk-type units which may include permanent
structures.
3. Large collection facilities which may occupy an area of more than
500 square feet and may include permanent structures.
B. Mobile Recvclina Unit. An automobile, truck, trailer, or van,
licensed by the Department of Motor Vehicles which is used for the collec-
tion of recyclable materials, including bins, boxes, or containers
transported by trucks, vans, or trailers, and used for the collection of
recyclable materials.
C. Convenience Zones. An area within a 1/2 mile radius of a supermarket.
D. Suoermarket A full-service, self-service retail store with gross annual
sales of two million dollars or more, and which sells a line of dry grocery,
canned goods, or non-food items and some perishable items.
E. Processina Facilitv. A building or enclosed space used for the
collection and processing of recyclable materials to prepare for either effi-
cient shipment, or to an end-user's specifications by such means as
baling, briquetting, compacting, flattening, grinding, crushing, mechanical
sorting, shredding, cleaning and remanufacturing. Processing facilities in-
clude the following:
1. Light processing facility occupies an area of under 45,000
square feet of collection, processing and storage area, and
averages 2 outbound truck shipments per day. Light processing
facilities are limited to baling, briquetting, crushing, compacting,
grinding, shredding and sorting of source separated recyclable
materials sufficient to qualify as a certified processing facility. A
light processing facility shall not shred, compact, or bale ferrous me-
tals other than food and beverage containers.
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2. A heavy processing facility is any processing facility other
than a light processing facility.
F. Recyclina Facilitv. A center for the collection and/or processing
of recyclable materials. A certified recycling facility or certified processor
is certified by the California Department of Conservation as meeting the re-
quirements of the Califomia Beverage Container Recycling and Litter
Reduction Act of 1986. A recycling facility does not include storage con-
tainers located on a residential, commercial or manufacturing designated
parcel used solely for the recycling of material generated on the parcel.
G. Recyclina or Recvclable Material. Reusable domestic containers
including but not limited to metals, glass, plastic and paper which are in-
tended for reuse, remanufacture, or reconstitution for the purpose of using
in altered form. Recyclable material does not include refuse or hazardous
materials.
H. Reverse Vending Machine An automated mechanical device which
accepts at least 1 or more types of empty beverage containers including,
but not limited to aluminum cans, glass and plastic bottles, and issues a
cash refund or a redeemable credit slip with a value not less than the
container's redemption value as determined by the State. A reverse vend-
ing machine may sort and process containers mechanically provided that
the entire process is enclosed within the machine. In order to accept and
temporarily store all container types in a proportion commensurate with
their relative redemption rates, and to meet the requirements of certifica-
tion as a recycling facility, multiple grouping of reverse vending machines
may be necessary.
A bulk reverse vending machine is a reverse vending machine that is
larger than 50 square feet, is designed to accept more than 1 container at
a time and will pay by weight instead of by container.
The standards for recycling facilities are as follows:
1. Reverse vending machine(s) located within a commercial
structure shall require a Planned Development Permit, shall not re-
quire additional parking spaces for recycling customers, and may
be permitted in all commercial and industrial land use districts with
a Planned Development Permit subject to compliance with the fol-
lowing standards:
a. Shall be installed as an accessory use to a commercial
use which is in full compliance with all applicable provisions
of this Code and the Municipal Code;
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b. Shall be located within 30 feet of the entrance to the
commercial structure and shall not obstruct pedestrian or
vehicular circulation;
c. Shall not occupy parking spaces required by the primary use;
d. Shall occupy no more than 50 square feet of floor space
per installation, including any protective enclosure, and shall
be no more than 8 feet in height;
e. Shall be constructed and maintained with durable
waterproof and rustproof material;
f. Shall be clearly marked to identify the type of
material to be deposited, operating instructions, and the
identity and phone number of the operator or responsible
person to call if the machine is inoperative;
g. Shall have a sign area of a maximum of 4 square feet per
machine, exclusive of operating instructions;
h. Shall be maintained in a clean, sanitary, and litter-free
condition on a daily basis;
i. Operating hours shall be consistent with the operating
hours of the primary use;
j. Shall be illuminated to insure comfortable and safe operation
if operating hours are between dusk and dawn; and
k. Shall maintain an adequate on-site refuse container
for disposal of non-hazardous waste.
B. Small collection facilities located within applicable commercial and
industrial land use districts shall be subject to a Planned Development Per-
mit, and comply with the following standards:
1. Shall be installed as an accessory use to an existing
commercial use which is in full compliance with all applicable
provisions of this Code and the Municipal Code;
2. Shall be no larger than 500 square feet and occupy no more
than 5 parking spaces not including space that will be periodically
needed for removal of materials or exchange of containers;
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3. Shall be set back at least 10 feet from any public right-of-way,
and not obstruct pedestrian or vehicular circulation;
4. Shall accept only glass, metals, plastic containers, papers
and reusable items;
5. Shall use no power-driven processing equipment except for
reverse vending machines;
6. Shall use containers that are constructed and maintained
with durable waterproof and rustproof material, covered when site
is not attended, secured from unauthorized entry or removal of
material, and shall be of a capacity sufficient to accommodate
materials collected and collection schedule;
7. Shall store all recyclable material in the mobile unit vehicle
and shall not leave materials outside of the unit when attendant is
not present;
8. Shall be maintained in a clean and sanitary manner free of
litter and any other undesirable materials, including mobile facilities;
9. Shall not exceed noise levels of 60 dBA as measured at
the property line of adjacent residential land use districts;
10. Attended facilities shall not be located within1 00 feet of
any residential land use district;
11. Collection containers, site fencing, and signage shall be of
such color and design so as to be compatible with and to har-
monize with the surrounding uses and neighborhood;
12. Containers shall be clearly marked to identify the type of
material which may be deposited; the facility shall be clearly
marked to identify the name and telephone number of the facility
operator and the hours of operation and display a notice stating
that no material shall be left outside the recycling enclosure of con-
tainers;
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13. Signs may be provided as follows:
a. Recycling facilities may have identification signs with
a maximum of 15% per side of a structure or 16 square feet,
whichever is greater. In the case of a wheeled facility, the
side will be measured from the ground to the top of the con-
tainer;
b. Signs shall be consistent with the character of their
location; and
c. Directional signs, consistent with Chapter 19.16 (Sign
Standards), bearing no advertising message may be in-
stalled with the approval of the Director if found necessary to
facilitate traffic circulation or if the facility is not visible from
the public right-of-way.
14. The facility shall not impair the landscaping required by
Chapter 19.22 (Landscaping Standards) for any concurrent use by
this Code or any permit issued pursuant thereto;
15. No additional parking space shall be required for customers
of a small collection facility located at the established parking lot of
the primary use. One space will be provided for the attendant, if
needed;
16. Mobile recycling units shall have an area clearly marked
to prohibit other vehicular parking during hours when the mobile
unit is scheduled to be present;
17. Occupation of parking spaces by the facility and by the attendant
shall not reduce available parking spaces below the minimum num-
ber required for the primary use unless all of the following condi-
tions exist:
a. A parking study shows that existing parking capacity is
not already fully utilized during the time the recycling facility
will be on the site; and
b. The permit shall be reviewed at the end of 18 months.
18. Small collection facilities shall not be 24 hour operations;
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19. Small collection facilities may be subject to landscaping
and/or screening as determined by the review authority; and
20. Shall maintain adequate refuse containers for the disposal
of non-hazardous waste.
C. A large collection facility which is larger than 500 square feet, or on a
separate parcel not accessory to a "primary" use, which has a permanent
structure is permitted in the commercial, and industrial land use districts,
subject to a Conditional Use Permit, and the following standards:
1. The facility does not abut a parcel designated or planned
for residential use;
2. The facility shall be screened from the public right-of-way,
within an enclosed structure;
3. Structure setbacks and landscape requirements shall be
those provided for the land use district in which the facility is lo-
cated;
4. All exterior storage of material shall be in sturdy containers
which are covered, secured, and maintained in good condition.
Outdoor storage shall be screened by a 6 foot, solid decorative
masonry wall. No storage, excluding truck trailers shall be visible
above the height of the wall. No outdoor storage shall be permitted
in the land use districts;
5. The site shall be maintained clean, sanitary and free of litter
and any other undesirable materials, and will be cleaned of loose
debris on a daily basis;
6. Space shall be provided on site for 6 vehicles to circulate
and to deposit recyclable materials;
7. Four parking spaces for employees plus 1 parking space for
each commercial vehicle operated by the recycling facility shall be
provided on- site;
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8. Noise levels shall not exceed 60 dBA as measured at the property
line of adjacent residential land use districts;
9. If the facility is located within 500 feet of the property
designated, or planned for residential use, it shall not be in opera-
tion between 7:00 P.M. and 7:00 A.M.;
10. Any containers provided for after hours donation of
recyclable materials will be at least 50 feet from any residential
land use district permanently located, of sturdy rustproof construc-
tion, and shall have sufficient capacity to accommodate materials
collected and be secure from unauthorized entry or removal of
materials;
11. Donation areas shall be kept free of litter and any other
undesirable material and the containers will be clearly marked to
identify the type of material that may be deposited. The facility
shall display a notice stating that no material shall be left outside
the recycling containers;
12. The facility shall be clearly marked with the name and
phone number of the facility operator and the hours of operation;
identification and informational signs shall meet the standards of
the land use district; and directional signs bearing no advertising
message may be installed with the approval of the Director, if
necessary to facilitate traffic circulation; and
13. Adequate refuse containers for the disposal of non-hazardous
waste shall be permanently maintained on-site.
D. Ught processing facilities and large processors shall be permitted in
all industrial land use districts subject to a Conditional Use Permit, and
shall comply with the following standards:
1. The facility shall not abut a residentially designated parcel;
2. In the C-H or IE land use districts, processors shall operate
within a completely enclosed structure;
3. Power-driven processing shall be permitted provided all
noise level requirements are met. Light processing facilities are
limited to baling, briquetting, crushing, compacting, grinding, shred-
ding and sorting of source- separated recyclable materials and
repairing of reusable materials;
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4. A light processing facility shall be no larger than 4,500 square
feet and shall have no more than an average of 2 outbound truck
shipments of material per day and shall not shred, compact or bale
ferrous metals other than food and beverage containers;
5. Structure setbacks and landscaping requirements shall be those
provided for the land use district in which the facility is located;
6. All exterior storage of material shall be in sturdy containers or
enclosures which are covered, secured and maintained in good
condition. Storage containers for flammable materials shall be con-
structed of nonflammable material. No storage excluding truck
trailers shall be visible above the height of the required walls;
7. The site shall be maintained in a clean manner and free of
litter and any other undesirable material(s). Loose debris shall be
collected on a daily basis and the site shall be secured from un-
authorized entry and removal of materials when attendants are not
present;
8. Space shall be provided on-site for the anticipated
peak load of customers to circulate, park and deposit recyclable
materials. If the facility is open to the public, a parking area shall
be provided for a minimum of 10 customers at anyone time;
9. One employee space shall be provided for each commercial
vehicle operated by the processing center;
10. Noise levels shall not exceed 60 dBA as measured at the property
line of residential land use districts;
11. If the facility is located within 500 feet of property designated or
planned for residential use, it shall not be in operation between
7:00 P.M. and 7:00 A.M. The facility shall be administered by on-
site personnel during the hours the facility is open;
12. Any containers provided for after-hours donation of
recyclable materials shall be at least 100 feet from any residential
land use district parcel, and shall be sturdy, rustproof construction,
with sufficient capacity to accommodate materials collected, and
shall be secure from unauthorized entry or removal of materials;
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13. Donation areas shall be kept free of litter and any other
undesirable material. The containers shall be clearly marked to
identify the type of material that may be deposited. The facility
shall display a notice stating that no material shall be left outside
the recycling containers;
14. Signs shall be installed pursuant to Chapter 19.16 (Sign
Standards). Additionally, the facility shall be clearly marked with
the name and phone number of the facility operator and the hours
of operation;
15. No dust, fumes, smoke, vibration or odor aboveambient level
shall be detectable from adjacent residentially designated parcels;
and
16. The facility shall maintain adequate on-site refuse containers
for the disposal of non- hazardous waste.
E. Any permit issued pursuant to this Chapter shall have a term of
1 year. In subsequent years the City shall take into consideration the
applicant's history of compliance with the provisions of this Chapter and
the Municipal Code.
20. REFUSE STORAGE/DISPOSAL
Every parcel with an occupied structure shall have a trash receptacle on the
premises. The trash receptacle shall be of sufficient size to accommodate the
trash generated. The receptacle shall be screened from public view on at least 3
sides by a solid wall 6 feet in height and on the fourth side by a solid gate not
less than 5 feet in height, in accordance with Public Works Department Standard
No. 508 (Refuse Enclosure). The gate shall be maintained in good working
order and shall remain closed except when in use. The wall and gate shall be ar-
chitecturally compatible with the surrounding structures. Trash receptacles for
single family homes should be stored within the enclosed garage.
21. SATELLITE DISH ANTENNAE DESIGN STANDARDS
Satellite dish antennae shall be subject the the approval of a Planned Develop-
ment Permit, and installed in the following manner:
A. The subject location shall conform to all standards of the land
use district in which it is proposed.
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B. The satellite dish antennae shall not be located in the following areas:
1. Front setback;
2. Street side setback; and
3. Street rear setback.
C. The antennae shall be placed so that reception will not be obstructed
by subsequent development on adjacent property. The City shall not be
held liable if subsequent development impairs satellite dish reception.
D. The maximum diameter of a dish shall not exceed 12 feet.
E. The maximum overall height for a satellite dish antennae shall
be 13 feet. Dishes shall be depressed below grade where feasible.
Dishes are prohibited on roof tops within residential land use districts. In
commercial and industrial land use districts, dishes may be installed on a
roof only if architecturally screened to the satisfaction of the Development
Review Committee.
F. The operation of the satellite dish antennae shall not cause
interference with any electrical equipment in the surrounding neighbor-
hoods (e.g., television, radio, telephone, computer, etc.).
G. The satellite dish antennae shall be painted a single, neutral and
non-glossy color (e.g., off- white, creme, beige).
H. The satellite dish antennae shall be located within a fully
enclosed area with a decorative fence or wall, 6 feet in height. Materials,
textures, colors, and design of the fence or wall shall be compatible with
on-site development and adjacent properties.
I. Only 1 satellite dish antennae may be allowed on each parcel.
Conditions, Covenants, and Restrictions shall govem the number of anten-
nas allowed in condominium developments, multi-family apartment
projects, and mobile home parks.
J. All electrical and antennae wiring shall be placed underground.
K. All antennae shall be permanently mounted.
L. The satellite dish shall be sited to assure compatibility with
surrounding development and not adversely impact the neighborhood.
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22. SCREENING
Wherever a parcel designated for commercial or industrial purposes abuts a
residential land use district, there shall be erected along the property line abut-
ting the residential land use district a 6 foot high solid decorative wall. The wall
shall be architecturally treated on both sides.
23. SIGNS
All signs shall comply with the provisions of Chapter 19.16 (Sign Standards).
24. SOLAR ENERGY DESIGN STANDARDS
Passive heating and cooling opportunities shall be incorporated in all develop-
. ments in the following manner:
A. Future structures shall be oriented to maximize solar access opportunities.
B. Streets, lot sizes, and lot configurations shall be designed to maximize
the number of structures oriented so that the south wall and roof area face
within 450 of due south.
C. The proposed lot size and configuration shall permit structures to
receive cooling benefits from both prevailing breezes and existing and
proposed shading.
D. Any pool or spa facilities owned and maintained by a homeowners
association shall be equipped with a solar cover and solar water heating
system.
E. No structure (building, wall or fence) shall be constructed or vegetation
placed so as to obstruct solar access on an adjoining parcel.
F. Roof-mounted solar collectors shall be placed in the most obscure
location without reducing the operating efficiency of the collectors. Wall-
mounted and ground-mounted collectors shall be screened from public
view.
G. Roof-mounted collectors shall be installed at the same angle or as
close as possible to the pitch of the roof.
H. Appurtenant equipment, particularly plumbing and related fixtures,
shall be installed in the attic.
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I. Exterior surfaces of the collectors and related equipment shall have a
matte finish and shall be color-coordinated to harmonize with roof
materials or other dominated colors of the structure.
25. STORAGE
There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or
their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; or
building materials in any portion of a lot, with the exception of recreational
vehicles pursuant to Section 19.18.060 (). No storage shall occur on any
vacant parcel.
Building materials for use on the same premises may be stored on the parcel
during the time that a valid building permit is in effect for construction.
26. TOXIC SUBSTANCES AND WASTES
No use may operate that utilizes toxic substances or produces toxic waste
without the approval of a Conditional Use Permit pursuant to the provisions of
Chapter 19.42 (Conditional Use Permits). Prior to consideration of a Conditional
Use Permit, the operator must prepare a toxic substance and waste manage-
ment plan which will provide for the safe use and disposal of these substances.
27. UNDERGROUNDING OF UTILITIES
Utilities shall be placed underground pursuant to Municipal Code Chapter 13.36.
In the event an above ground electrical transformer is located outdoors on any
site, it shall be screened from view with a solid wall or landscaping and not lo-
cated in any setback area. If it cannot be screened, it shall be located in an un-
derground vault.
28. VIBRATION
No vibration associated with any use shall be permitted which is discernible
beyond the boundary line of the property.
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SIGN STANDARDS -19.16
CHAPTER 19.16
SIGN REGULATIONS
19.16.010 PURPOSE
The purpose of this Chapter is to establish sign regulations that are intended to:
A. Protect the general public health, safety, welfare, and aesthetics of the
community.
B. Implement community design standards, consistent with the General Plan.
C. Promote the Community's appearance by regulating the design, character,
location, type, quality or materials, scale, color, illumination, and main-
tenance of signs.
D. Umit the use of signs which provide direction and aid orientation for
businesses and activities.
E. Promote signs that identify uses and premises without confusion.
. F. Reduce possible traffic and safety hazards through good signage.
19.16.020 APPLICABILITY
No signs shall be erected or maintained in any zone as established by this Title, except
those signs specifically enumerated in this Chapter. The number and area of signs as
outlined in this Chapter are intended to be maximum standards which do not necessari-
ly insure architectural compatibility. Therefore, in addition to the enumerated standards,
consideration shall be given to a sign's relationship to the overall appearance of the sub-
ject property as well as the surrounding community. Compatible design, simplicity, and
sign effectiveness are to be used in establishing guidelines for sign approval.
19.16.030 DEFINITIONS
Abandoned Sign. A sign which identifies a business, lessor, owner, product, service, or
activity which has been discontinued on the premises for a period of one hundred and
eighty (180) days or more.
Address SiQn. The numeric reference of a building or use to a street, included as part
of a wall or monument sign.
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Animated or Movino Sian. Any sign which uses movement, lighting, or special materials
to depict action or create a special effect or scene.
Awning. Canopy or Marquee Sign. A nonelectric sign that is printed on, painted on, or
attached to an awning, canopy, or marquee.
Banner. Flaa. Pennant or Balloon. Any cloth, bunting, plastic, paper, or similar material
used for advertising purposes attached to or pinned on or from any structure, staff, pole,
line, framing, or vehicle, not including flags as described in Section 17.32.040A-16.
Bench Sian. Copy painted on any portion of a bus stop bench.
Billboard or Off-Site Sign. A sign structure advertising an establishment, merchandise,
service, or entertainment, which is not sold, produced, manufactured, or furnished at
the property on which the sign is located.
Buildina Face and/or Frontaae. The length of the single front building elevation in which
the primary entrance to the business is located. If more than one business is located in
a single building, then such length shall be limited to that portion which is occupied by
each individual business.
Changeable CODV Sign. A sign designed to allow the changing of copy through manual,
mechanical, or electrical means including time and temperature.
Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a
civic event sponsored by a public agency, school, church, civic-fraternal organization, or
similar noncommercial organization.
Commercial Seasonal Sign. An "open" or "closed" window sign, posted on a seasonal
basis.
Construction Sign. A temporary sing erected on the parcel on which construction is
taking place, limited to the duration of the construction, indicating the names of the ar-
chitects, engineers, landscape architects, contractors, or similar artisans, and the
owner, financial supporters, sponsors, and similar individuals or firms having a major
role or interest with respect to the structure or project.
Directional Sign. Signs limited to directional messages, principally for pedestrian or
vehicular traffic, such as "one way", "entrance", or "exit".
Directory Sign. A sign for listing the tenants or occupants and their suite numbers of a
building or center.
Double-faced Sign. A single structure monument sign located perpendicular to the
street.
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Flashina Sian. A sign that contains an intermittent or sequential flashing light source.
Freestandina Sign. A sign which is permanently supported by one or more uprights,
braces, poles, or other similar structural components that is not attached to a building or
buildings.
Future Tenant Identification Sign. A temporary sign which identifies a future use of a
site or building.
Grand ODeninQ. A promotional activity not exceeding 30 calendar days used by newly
established businesses, within 2 months after occupancy, to inform the public of their
location and service available to the community. Grand Opening does not mean an an-
nual or occasional promotion of retail sales by a business.
Height of Sign. The greatest vertical distance measured from the existing grade at the
mid-point of the sign support(s) that intersect the ground to the highest element of the
sign.
Holidqy Decoration Sign. Temporary signs, in the nature of decorations, clearly inciden-
tal to and customarily associated with holidays.
Identification Sian. A sign providing the name, or the name and logo in combination,
identifying a particular business establishment.
Illuminated SiQn. A sign with an artificial light source incorporated internally for the pur-
pose of illuminating the sign.
Institutional Sian. A sign identifying the premises of a church, school, hospital, rest
home, or similar institutional facility.
~. An off-premise sign used for directing people to the sales office or models of a
residential subdivision project. Design details of such signs are shown as Figure 16.01
under Section 19.16.090(3) of this chapter.
LOQo Sign. An established trademark or symbol identifying the use of a building.
Monument Sian. An independent structure supported on the ground having a solid
base as opposed to being supported by poles or open braces.
Off-Site Sian. Any sign which advertises or informs in any manner businesses, ser-
vices, goods, persons, or events at some location other than that upon which the sign is
located. Off-premise sign, billboard, and outdoor advertising structure are equivalent
terms.
Open House Sian. A temporary sign posted to indicate a salesperson is available to
represent the property subject to sale, lease, or rent.
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Political Sian. A temporary sign directly associated with national, state, or local elec-
tions.
Portable Sian. A sign that is not permanently affixed to a building, structure, or the
ground.
Promotional Sign. A sign erected on a temporary basis to promote the sale of new
products, new management, new hours of operation, a new service, or to promote a
special sale.
Real Estate Sign. An on-site sign pertaining to the sale or lease of the premises.
Roofline, The top of the roof or top of the parapet, whichever forms the top line of the
building silhouette.
Roof SiQn. A sign erected, constructed, or placed upon or over a roof of a building, in-
cluding a mansard roof and which is wholly or partly supported by such buildings.
SIgn. Any object, device, display, or structure situated outdoors or indoors, which is
used to advertise, identify, display, direct, or attract attention.
Sian Area. The entire face of a sign, including the surface and any framing, projections,
or molding, but not including the support structure.
Individual letters mounted on a building shall be measured by the area enclosed by four
straight lines outlining each letter.
Sian Proaram. A coordinated program of one or more signs for an individual building or
building complexes with multiple tenants.
Temporarv SiQn. A sign intended to be displayed for a limited period of time.
Vehicle Sian. A sign which is attached to or painted on a vehicle which is parked on or
adjacent to any property, the principal purpose of which is to attract attention to a
product sold or an activity or business located on such property.
Wall SiQn. A sign painted on or fastened to a wall and which does not project more than
twelve (12) inches from the building or structure.
Window Sign. Any sign that is applied or attached to a window or located in such a
manner that it can be seen from the exterior of the structure.
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19.16.040 SIGN PERMIT REQUIRED
1. GENERAL
No sign, unless exempted by this Chapter, shall be constructed, displayed or al-
tered without a sign permit or sign program approved by the City. A sign
program shall be reviewed as part of a Planned Development Permit or Condi-
tional Use Permit application, or as deemed necessary by the Director to assure
compliance with the provisions of this Chapter. The Director shall review all
signs unless otherwise stated.
2. SIGN PROGRAM
A sign permit for a Sign Program shall be required for all new commercial, office,
and industrial centers consisting of three (3) or more tenant spaces. The pur-
pose of the program shall be to integrate signs with building and landscaping
design into a unified architectural statement. This shall be achieved by:
A. Using the same background color on all signs.
B. Using the same type of cabinet supports, or method of mounting for signs
of the same type, or by using the same type of construction material for
components, such as sign copy, cabinets and supports.
C. Using the same form of illumination for all signs.
19.16.050 ANNUAL INSPECTION STICKER REQUIRED
1. GENERAL
Ever person, firm or corporation owning any legally permitted sign in the City of
San Bemardino shall obtain for each sign an Annual Sign Code Inspection Stick-
er issued by the Director of Building and Safety, unless specifically waived by
resolution of the Mayor and Common Council. A sticker is required for each on-
site and off-site sign except temporary signs and those signs exempt pursuant to
Section 10.16.060. This sticker is applicable to one sign at one location only and
is transferable to a new owner or lessee of that sign.
2. APPLICATION AND FEES
A. An application for an Annual Sign Code Inspection Sticker shall be
submitted by the owner of a legally permitted sign or his agent to the
Director of Building and Safety. Such application shall include, but not be
limited to, a description of the sign, its size, its height, and its location.
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B. The initial Annual Sign Code Inspection Sticker fee for all existing
signs shall be due and payable on May 1, 1990; and for any new sign
erected after that date, shall be due and payable on the date the sign is
erected. Renewal fees for an Annual Sign Code Inspection Sticker shall
be due and payable on July 1 st of each calendar year and shall be in an
amount determined in accordance with the fee schedule established by
resolution of the Mayor and Common Council and filed in the office of the
City Clerk. Each Annual Sign Code Inspection Sticker fee not paid within
thirty (30) days of the date, shall be considered delinquent and shall be
twice the amount specified. Fees collected from the Annual Sign Code In-
spection Sticker Program shall be used only to implement the sign inven-
tory and abatement program.
3. ILLEGAL SIGNS
The issuance of any sign permit of Annual Sign Code Inspection Sticker pursuant
to this chapter does not allow any person, firm, or corporation to erect or main-
tain any sign in violation of any City ordinance or any State or Federal law.
4. INVENTORY AND ABATEMENT
Within 6 months from the date of adoption of this Code, the City shall commence
a program to inventory and identify illegal or abandoned signs within its jurisdic-
tion. Within 60 days after this 6 month period, the City shall commence abate-
ment of identified illegal or abandoned signs.
5. INSPECTION
Any sign for which an Annual Sign Code Inspection Sticker is required shall be
subject to inspection by the Building and Safety Director. The Building and
Safety Director, or his designees are hereby authorized to enter upon any proper-
ty or premises to ascertain whether the provisions of this Code are being
obeyed. Such entrance shall be made during business hours unless an emer-
gency exists. A sign owner shall provide all necessary access by the City's
employees for the purpose of conducting the required inspection.
19.16.060 EXEMPT SIGNS
1. The following signs shall be exempt from the provisions of this Chapter:
A. Window signs not exceeding 3 square feet and limited to
business identification, hours of operation, address, and emergency infor-
mation.
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B. Signs within a structure and not visible from the outside.
C. Memorial signs and plaques installed by a civic organization
recognized by the Mayor and Common Council.
D. Official and legal notices issued by a court or governmental agency.
E. Official flags of the United States, the State of California,
and other states of the nations, counties, municipalities, official flags of
foreign nations, and nationally or internationally recognized organizations.
F. Identification signs on construction sites. Such signs shall be limited
to one directory or pictorial display sign per street frontage or entrance, up
to a maximum of two signs, identifying all contractors and other parties (in-
cluding lender, realtor, subcontractors, etc.). Each sign shall not exceed
thirty-two square feet in area and eight feet in height. Each sign shall be
removed prior to issuance of a Certificate of Occupancy.
G. Political signs, regulated in Chapter 16.12 of the Municipal Code.
H. Real estate signs for residential sales shall be 1 sign per street frontage
not exceeding 4 square feet in area and 5 feet in height, provided it is unlit
and is removed within 15 days after the close of escrow or the rental or
lease has been accomplished. Open House signs, for the purpose of sell-
ing a single house or condominium and not exceeding 4 square feet in
area and 5 feet in height, are permitted for directing prospective buyers to
property offered for sale.
I. Real estate signs for the sale, rental, or lease of commercial
and industrial premises: One sign per street frontage not to exceed 32
square feet in area to advertise the sale, lease, or rent of the premises.
No such sign shall exceed 8 feet in overall height and shall be removed
upon sale, lease or rental of the premises or 24 months, whichever comes
first. Thereafter, 1 sign per premise not to exceed 16 square feet in size
and 5 feet in height is permitted for the sale, lease or rent of the premise.
J. Future tenant identification signs: One wall or freestanding
sign may be placed on vacant or developing property to advertise the fu-
ture use of an approved project on the property and where information
may be obtained. Such sign shall be limited to one sign per street
frontage, a maximum of 32 square feet in area and 8 feet in overall height.
Any such signs shall be single faced and shall be removed upon the grant-
ing of occupancy by the City.
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K. Incidental signs for automobile repair stores, gasoline service stations,
automobile dealers with service repairs, motels and hotels, showing
notices of services provided or required by law, trade affiliations, credit
cards accepted, and the like, attached to the structure or building;
provided that all of the following conditions exist:
1. The signs number no more than 4.
2. No such sign projects beyond any property line.
3. No such sign shall exceed an area per face of 3 square feet.
4. Signs may be double-faced.
L. Copy applied to fuel pumps or dispensers such as fuel identification,
station logo, and other signs required by law.
M. Agricultural signs, either wall or freestanding types, non-illuminated,
and not exceeding 4 square feet for lots 2 acres or less and 16 square
feet for lots greater than 2 acres, identifying only the agricultural products
grown on the premises. The number of such signs shall be 1 per street
frontage or a maximum of 2, with wall signs to be located below the
roofline and freestanding signs to be no higher than 6 feet.
19.16.070 PROHIBITED SIGNS
The following signs are inconsistent with the sign standards set forth in this Chapter,
and are therefore prohibited:
A. Abandoned signs
B. Animated, moving, flashing, blinking, reflecting, revolving,
or any other similar sign
C. Banners, flags, and pennants
D. Bench signs
E. Chalkboards or blackboards
F. Changeable copy signs
G. Off site or billboard signs, except as permitted by Section 19.16.080
H. Portable signs or A-frame signs
I. Roof signs
J. Signs on public property, except for traffic regulatory, informational signs,
signs required by a govemmental agency, and model home tour signs
K. Signs painted on fences or roofs
L. Balloons and other inflated devices or signs designed to attract attention.
M. Signs that are affixed to vehicles, excluding permanent signs on commercial
vehicles
N. Signs which simulate in color or design a traffic sign or signal, or which make
use of words, symbols or characters in such a manner to interfere with,
mislead, or confuse pedestrian or vehicular traffic
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19.16.080 TEMPORARY SIGNS
1. Temporary window signs may be permitted on the inside of windows facing out
which do not cover more than 20 percent of the individual window surface for a
period not to exceed 15 days use during any thirty (30) day period.
2. Temporary painted window signs may be permitted on the outside or inside of a
window which do not cover more than 30 percent of the individual window. Such
painted signs may be displayed for a period not to exceed 30 days use during
any 60 day period.
3. Special event signs and civic event signs may be approved by the Director for
a limited period of time as a means of publicizing special events such as grand
openings, carnivals, parades, charitable events and holiday sales. Such special
event signs shall be limited to the following provisions:
A. No special event sign shall be erected without a sign permit.
B. Special event signs shall be limited to 30 days per event from the
date of erection or date of permit, whichever occurs first.
C. Special event signs shall not include promotional sales signs.
D. Special event signs may include balloons, inflated devices, search lights.
beacons, pennants, and streamers.
19.16.090 OFF-SITE SIGNS
1. REPLACEMENT OF OFF-SITE BILLBOARD SIGNS ON SAME SITE
Any company owning an off-site billboard sign may replace such sign on the
same site with another off-site billboard sign when located in the CG-1, CG-2,
CH, IL, IH, and IE districts subject to obtaining a Conditional Use Permit in ac-
cordance with the provisions of Chapter 19.42. The following conditions shall
apply:
A. The advertising display area of the replacement sign shall not exceed the
display area of the existing sign or signs to be replaced, and in no event
shall it be greater than 672 square feet per face with a maximum of two
faces. Display area does not include decor or pole covers.
B. Under no circumstance shall more than one new sign be erected to
replace one sign removed.
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C. The replaced sign(s) shall be removed prior to the use of the replacement sign.
D. The Commission may require the removal of more than one off-site billboard or
painted bulletin by the company in exchange for the right to locate one new
replacement sign.
1. REPLACEMENT OF OFF-SITE BILLBOARD SIGNS ON DIFFERENT SITE
THAN EXISTING SIGNCS)
Any company owning an off-site billboard sign may replace such sign with
another off-site sign located on a different site than the existing sign subject to
the following provisions:
A. Owners of off-site billboard signs shall provide the City with an inventory or all
such signs within 60 days of the effective date of this Development Code
or loose the right of applying for replacement signs on different sites.
B. A Conditional Use Permit in accordance with the provisions of Chapter 19.42
shall be required prior to the erection of any new replacement signs. As a
condition of approval, the Commission may require the removal of more
than one existing off-site sign in exchange for the right to locate one new
replacement sign.
C. Existing signs may be removed and "banked" for credit up to 18 months
after written approval as a replacement if:
1. They were on the inventory provided, as required above.
2. A written request was made with the demolition permit application
to "bank" the sign for credit as a replacement sign. A picture of
both sides of the existing sign and the square footage of the sign
must be included with the request.
3. The City must have approved, in writing, the "banked" credit J2!iQr
to removal of the sign.
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D. The following development standards shall apply to new replacement signs:
1. Zones permitted: CG-2, CG-2, CH, IL, IH, IE.
2. Maximum sign area: 300 square feet maximum with maximum of 2 faces.
3. Maximum Height: 30 feet above grade.to upper most part of sign.
4. Setback: 10 feet from public right-of-way.
5. Minimum Spacing: 1,000 feet in any straight line between off-site
billboard signs.
6. No off-site sign may be located within 250 feet of any residence,
500 feet of any park, school, cemetery, or church, or 300 feet
from the right-of-way line of a freeway.
7. Adjacent streets shall have a minimum average daily traffic volume
of 20,000 vehicles.
8. Off-site signs shall not be allowed on any building roof.
3. OFF-SITE RESIDENTIAL SUBDIVISION DIRECTIONAL SIGNS
The following shall regulate and establish a standardized program of off-site
residential subdivision directional kiosk signs for the City of San Bernardino. For
the purposes of this subsection, a residential subdivision is defined as a housing
project within a recorded tract where five or more structures or dwelling units are
concurrently undergoing' construction.
A.
The panel and sign structure design shall be in accordance with Figure 16-1.
B.
No kiosk sign structure shall be located less than three hundred feet from
an existing or previously approved kiosk site, except in the case of signs
on different comers of an intersection.
C.
The placement of each kiosk sign structure shall be reviewed and approved
by the Director.
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Off-site $Ubdlvislon
directional kiosk
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SIGN STANDARDS - 19.16
D. All kiosk signs shall be placed on private property with written consent of
the property owner or on City right-of-way pursuant to a City encroach-
ment permit.
E. A kiosk sign location plan shall be prepared, showing the site of each
kiosk directional sign, and shall be approved by the Director prior to the is-
suance of a sign permit.
F. There shall be no additions, tag signs, streamers, devices, display boards,
or appurtenances, added to the kiosk signs as originally approved, no
other non-permitted directional signs, such as posters or trailer signs, may
be used.
G. All non-conforming subdivision kiosk directional signs associated with the
subdivision in question must be removed prior to the placement of direc-
tional kiosk sign(s).
H. Kiosk signs shall be removed when the subdivision is sold out. The entity
administering the program will be responsible for removal of panels and
structures no longer needed.
19.16.100 ABANDONED SIGNS
1. Any abandoned sign is hereby declared to be a danger to the health, safety,
and welfare of the citizens of San Bernardino. Any wood sign which is partially
or wholly obscured by the growth of dry vegetation or weeds or by the presence
of debris or litter also presents a danger to the health, safety, and welfare of the
citizens of San Bemardino.
2. Any such signs as set forth above are hereby deemed to be a public
nuisance. Any such sign shall be removed by the property owner within ten days
after notice from the Director, which notice shall provide an opportunity to be
heard before the Director on the abandonment and nuisance decision. The ap-
peal shall be granted or the decision modified if facts or circumstances disprove
the existence of a public nuisance. Any sign not removed within ten days after
such notice, may be summarily abated by the Director if no appeal has been
taken from the Director's decision pursuant to the Municipal Code Section 2.64
or, if the appeal has been denied or modified. Costs of such abatement may be
assessed against the property, using the procedures established in Section
8.27.10 through 8.27.140, inclusive.
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19.16.110 SIGN CONSTRUCTION AND MAINTENANCE
1. Every sign, and all parts, portions, and materials shall be manufactured, assem-
bled, and erected in compliance with all applicable State, Federal, and City
regulations and the Uniform Building Code. .
2. Every sign including those specifically exempt from this Ordinance in respect to
. permits and permit fees, and all parts, portions, and materials shall be main-
tained and kept in good repair. The display surface of all signs shall be kept
clean, neatly painted, and free from rust and corrosion. Any crack, broken sur-
faces, malfunctioning lights, missing sign copy or other unmaintained or
damaged portion of a sign shall be repaired or replaced within thirty (30) calen-
dar days following notification by the City. Noncompliance with such a request
shall constitute a nuisance and penalties may be assessed in accordance with
the provisions of Chapter 19.68.
19.16.120 SIGN REGULATIONS
Table 16.01 identifies the signs permitted in each of the zoning districts. In addition to
the following regulations, all signs must be in compliance with all other provisions of this
chapter pertaining to signs.
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SIGN STANDARDS - 19.16
Building Sign Maximum
Height Size SIze
......a....
Stones Total Sq.Ft. Height
4 225 25"
S 250 35"
6 275 45"
7 300 SO"
8-10 350 50"
11-14 425 72"
IS-above SOD 84"
~
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D
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FIGURE 16-3
MONUMENT SIGN MEASUREMENT
See chart
for maximum area and height
l
[
[
[
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l
I
Tenant Identification
Maximum SIgn Area . 22 sq.tt.
Maximum Letter He' hI. 18-
- -
Note: This diagram Is not Intended to
describe the sign's geometric shape.
FIGURE 16-2
High RIse Building and
Tenant Identification Signs
PRELIMINARY DRAFT
111-4f=,
1/29/90
SIGN STANDARDS -19.16
19.16.130 NONCONFORMING SIGNS
1. A legally established sign which fails to conform to this Chapter shall be allowed
continued use, except that the sign shall not be:
A. Structurally altered so as to extend its useful life.
B. Expanded, moved, or relocated
C. Re-established after a change in use
D. Re-established after a business has been discontinued for six months or more.
E. Re-established after damage or destruction of more than fifty percent of its
current market value, as determined by the Director.
2. Sign copy and sign faces may be changed on nonconforming signs when there is no
change in use of the site or when only a portion of a multiple tenant sign is
being changed.
3. Legal non-conforming wall signs shall not prevent the installation of conforming
freestanding signs, nor shall legal non-conforming free-standing signs prevent
the installation of conforming wall signs.
4. Any non-conforming sign shall be required to be brought into conformance or
abated in conjunction with any Conditional Use Permit or Development Review
Permit which is hereafter granted on the same site.
19.16.140 REMOVAL OF ILLEGAL SIGNS
1. The Director shall remove or cause the removal of any fixed, permanent sign
constructed, placed or maintained in violation of this Chapter, after 15 days fol-
lowing the date of mailing of registered or certified written notice to the owner of
the sign, if know, at the last known address or to the owner of the property as
shown on the latest assessment roll, or to the occupant of the property at the
property address. The notice shall describe the sign and specify the violation in-
volved, and indicate that the sign will be removed if the violation is not corrected
within 30 days. If the owner disagrees with the opinion of the Director, the owner
may, within the said 30 day period request a hearing before the Commission to
determine the existence of a violation.
2. Signs removed by the Director pursuant to this Chapter shall be stored for a
period of 30 days, during which time they may be recovered by the owner upon
payment to the City for costs of removal and storage. If not recovered prior to ex-
piration of the 30 day period, the sign and supporting structures shall be declared
abandoned and title thereto shall vest to the City, and the cost of removal shall
be billed to the owner.
PRELIMINARY DRAFT
1II-l.f7
1/29/90
SIGN DESIGN GUIDELINES - G19.16
G19.16.160 SIGN DESIGN GUIDELINES
1. GENERAL
The following design guidelines should be consulted prior to developing signs
for any project.
A. Use a brief message - The fewer the words, the more effective the sign.
A sign with a brief, succinct message is simpler and faster to read, looks
cleaner and is more attractive.
B. Avoid hard-to-read, overly intricate typefaces - These typefaces are
difficult to read and reduce the sign's ability to communicate.
C. Avoid faddish and bizarre typefaces - Such typefaces may look good
today, but soon go out of style. The image conveyed may quickly become
that of a dated and unfashionable business.
D. Sign colors and materials - should be selected to contribute to legibility
and design integrity. Even the most carefully thought out sign may be un-
attractive and a poor communicator because of poor color selection. Day-
glo colors must be avoided.
E. Use significant contrast between the background and letter or
symbol colors - If there is little contrast between the brightness or hue of
the message of a sign and its background, it will be difficult to read.
F. Avoid too many different colors on a sign - Too many colors overwhelm
the basic function of communication. The colors compete with content for
the viewer's attention. limited use of the accent colors can increase
legibility, while large areas of competing colors tend to confuse and dis-
turb.
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CANOPY
MONUMENT
ROOF
WAll
MULTI- TENANT
PROJECTING
FT
UNDER MARQUEE
FREESTANDING
WINDOW
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SIGN DESIGN GUIDELINES - G19.16
G. Place signs to indicate the location of access to a business - Signs
should be placed at or near the entrance to a building or site to indicate
the most direct access to the business.
H. Place signs consistent with the proportions of scale of building
elements within the facade - Within a building facade, the sign may be
placed in different areas. A particular sign may fit well on a plain wall
area, but would overpower the finer scale and proportion of the lower
storefront. A sign which is appropriate near the building entry may look
tiny and out of place above the ground level.
I. Place wall signs to establish facade rhythm, scale and proportion
where such elements are weak. In many buildings that have a monolithic
or plain facade, signs can establish or continue appropriate design
rhythm, scale, and proportion.
J. Avoid signs with strange shapes - Signs that are unnecessarily narrow or
oddly shaped can restrict the legibility of the message. If an unusual
shape is not symbolic, it is probably confusing.
DO THIS
Employ a consistent sign pattem
DO THIS
Sign Is In scale ond character
wRh building arllculollon.
DON'T DO THIS
Inconsistent sign pollems creole
confusion. Signs within or above
roof area are prohibited.
DON'T DO THIS
Sign is oul ot seale and
character with building
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K. Carefully consider the proportion of letter area to overall sign back-
ground area - If letters take up too much sign, they may be harder to
read. Large letters are not necessarily more legible than smaller ones. A
general rule is that letters should not appear to occupy more than 75% of
the sign panel area.
1. Consider interior neon signs - Neon signs lend themselves to creative
and exciting artistic expression. The use of neon signs inside a storefront
can be used to attract attention and create a special ambience.
M. Make signs smaller if they are oriented to pedestrians - The pedestrian-
oriented sign is usually read from a distance of 15 to 20 feet; the vehicle-
oriented sign is viewed from a much greater distance. The closer a sign's
viewing distance, the smaller that sign need be.
2. WALL OR FASCIA SIGNS
A. Building wall and fascia signs should be compatible with the predominant
visual elements of the building. Commercial centers, offices, and other
similar facilities are required to be part of a sign program in accordance
with the provisions of this Chapter.
B. Where there is more than one sign, all signs must be complementary
to each other in the following ways:
1. Type of construction materials (cabinet, sign copy, supports, etc.)
2. Letter size and style of copy
3. Method used for supporting sign (wall or ground base)
4. Configuration of sign area
5. Shape to total sign and related components.
SIGN
Roof Mounted signs prohibited
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~
,'II S'" "'.' I'~' ..",.,.,.,~ ""'. t "'iF';;;'!
r+:~! 1(_1 ."iII .I
BACKLIT INDIVIDUAL LETTERS
INTERNALLY LIT LETTERS W\OPAQUE BACKGROUND
BOX-TYPE SIGN
C. The use of graphics consistent with the nature of the product to be
advertised is encouraged, i.e., hammer symbol for a hardware store, mor-
tar & pestal for a drug store.
D. Direct and indirect lighting methods are allowed provided that they are not
harsh or unnecessarily bright. The use of can-type box signs with trans-
lucent backlit panels are not allowed. Panels must be opaque if a can-type
sign is used and only the lettering should appear to be lighted.
E. The use of backlit individually cut letter signs is strongly encouraged.
F. The use of permanent sale or come-on signs is prohibited. The temporary
use of these signs is limited by the provisions of Section 19.16.070.
G. The identification of each building or store's address in 6 inch high numbers
over the main entry doorway or within 10 feet of the main entry is encouraged.
DO THIS
....--1 l
~@m~%WrrM~:~;:~~:~ J.j~!lili~~;.11
ft. 'M .~. ..1>-:-.......
-=:.;.t{.:....W'1k.;$y.g*:. m::::"::
>f<::.,*>$.'f.'':::::::::::::::;:::'-::::::::;
J?r:f1i'111~lfJ]ij
Sign occupies 20% of window areo
DON'T DO THIS
.....l L
~
'illl1i111"1, -':'::::::::::::::~:::;::i:::::::::::::::::::
SALE
:;::.;.:.;...........................;.;.;..;.;.;..
Temporary promotIonal signs
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3. FREESTANDING SIGNS
A. Freestanding signs are intended to provide street addresses, and identifi-
cation for the freestanding building or commercial center development as
a whole and for up to three major tenants.
B. All tenant signs should be limited in size to the width of the architectural
features of the sign and shall be uniform in size and color.
C. A minimum of 10% of the sign area of freestanding signs for large multi-
story buildings or center developments should be devoted to identifica-
tion of the center or building by address or name. Strip developments
should display the range of store addresses for that development on their
freestanding sign.
D. Freestanding signs should be placed perpendicular to approaching vehicular
traffic.
E. Freestanding signs should be placed in raised planters whenever possible.
['SIGN J
LESS DESIRABLE SIGN
No landscaped base
DESIRABLE SIGN
Monument sign with landscaped base
Place sign perpendicular
10 approaching Iraffic
in landscaped area.
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F. Each monument sign should be located within a planted landscaped area
which is of a shape and design that will provide a compatible setting and
ground definition to the sign, incorporating the following ratio of
landscape area to total sign area:
1. Monument: Four (4) square feet of landscaped area for each
square foot of sign area (one side only).
2. Directory: Two (2) square feet of landscaped area for each square
foot of sign area.
RECOMMENED
PERMI1TED
INDUSTRIAL/BUSINESS PARK SIGNAGE
PROHIBITED
Use materials compatible wilh development theme.
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OFF-STREET PARKING STANDARDS -19.18
CHAPTER 19.18
OFF-STREET PARKING STANDARDS
19.18.010 PURPOSE
These regulations are intended to achieve the following:
1. To provide accessible, attractive, secure, properly lighted, and well-
maintained and screened off-street parking facilities.
2. To reduce traffic congestion and hazards.
3. To protect neighborhoods from the effects of vehicular noise and traffic
generated by adjacent non-residential land use districts.
4. To assure the maneuverability of emergency vehicles.
5. To provide appropriately designed parking facilities in proportion to the needs
generated by varying types of land use.
19.18.020 APPLICABILITY
Every use hereafter inaugurated, and every structure hereafter erected or altered, shall
have permanently maintained off- street parking areas pursuant to the following
provisions.
19.18.030 GENERAL REGULATIONS
1. No structure or use shall be permitted or constructed unless off-street parking
spaces are provided in accordance with the provisions of this Chapter.
2. The word "use" shall mean both the type and intensity of the use, and that a
change in use shall be subject to all of the requirements of this Chapter.
3. When a structure is enlarged or increased in capacity, or when a change in
use creates an increase in the required amount of parking, additional parking
spaces shall be provided in accordance with the provisions of this Chapter. The
only exception to this requirement shall be for structures and uses located in the
CR-2 (Downtown) land use district, for which a parking study shall be prepared
examining the proposed use in light of available public off-street parking facilities.
4. Requirements for uses not specifically listed herein shall be determined by the
Director based upon the requirements for comparable uses and upon the par-
ticular characteristics of the use, pursuant to Section 19.04.030.
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5. In any residential land use district, a garage with a windowless garage door
shall be provided, and permanently maintained. Exceptions to the garage re-
quirement shall be for apartments and affordable housing as determined by the
Director. .
6. Fractional space requirements shall be rounded up to the next whole space.
7. Required guest parking in residential land use districts shall be designated as
such and restricted to the use by guests.
8. All parking shall occur on paved areas.
19.18.040 NUMBER OF PARKING SPACES REQUIRED
The following minimum number of parking spaces shall be provided for each use
(where "sf." refers to square foot and "gfa." refers to gross floor area):
.!.LS..E
NUMBER OF REQUIRED SPACES
Residential Uses
Single-family dwellings
2 covered spaces within an enclosed garage.
Mobile home parks
2 covered spaces within an enclosed garage and
1 uncovered guest space for each unit.
Multi-family Residential:
Studio and 1 bedroom
1.5 covered and 1 uncovered guest space for each
unit.
Two bedrooms
2 covered and 1 uncovered guest space for each unit
Three or more bedrooms
2.5 covered and 1 uncovered guest space for each unit
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J.!S.E
NUMBER OF REQUIRED SPACES.
Residential Uses
Planned unit developments,
including single-family
dwellings and condominiums
2 covered spaces within an
enclosed garage and 1 uncovered
off-street guest parking space.
Residential Day Care
2 spaces in addition to those
required for primary residence
Commercial Uses
Adult Businesses
plus 1 space for each employee
1 space for each 200 sf. of gfa.
Amusement/Recreational
facilities:
Bowling alley
3 spaces per lane, plus as
required for incidental uses
(I.e., pro shop, coffee shop, etc.)
Driving Range
3 spaces, plus 1 space per tee
Golf course
6 spaces per hole, plus as
required for incidental uses
(I.e., pro shop, bar, banquet room, etc.)
Miniature golf course
3 spaces per hole, plus as
required for incidental uses
(I.e., game room, food service, etc,)
Commercial Uses
Tennis/Racquetball courts
3 spaces per court, plus as
required for incidental uses
Theme Amusement/
Recreational Parks,
Skating Rinks
Determined at project review
Art/Dance studio
1 space per employee, plus 1
space per 2 students
Banks, savings and loans,
financial
1 space for each 200 sf. of gfa.
plus 1 lane for each drive up
window and/or automatic teller machine with
6 vehicles per lane
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.!.!Sf
NUMBER OF REQUIRED SPACES
Barber shop/beauty parlor
2 spaces for each barber chair;
3 spaces for each beautician
station .
Business/professional
trade schools
1 space per 1.5 students
Commercial stables
1 space for each 5 horses boarded
on-site
Commercial Uses
Furniture/appliance stores
Stores
1 space for each 500 sf. of gfa.
of sale floor display area, plus
1 space for each 2500 sf. of gfa.
of warehouse storage
Health clubs
1 space for each 200 sf. of gfa.
Hotels/motels
1.1 space for each bedroom, plus
requirements for related commer-
cial uses, plus 1 space for each
50 sf. of gfa. of main assembly
room, plus 2 spaces for manager's
unit. For facilities visable from
any freeway, on-site parking for
"big rigs" shall be determined at
project review.
Lube-n-tune
1 space per bay, plus 1 space for
each employee, plus adequate
queueing lanes
Multi-tenant auto-related
facilities
1 space for each 200 sf. of gfa.,
plus 1 space for each employee
Commercial Uses
Offices, general:
gfa. up to 2000 sf.
2001 to 7500 sf.
7501 to 40000 sf.
40001 and greater
1 space for each 200 sf.
1 space for each 250 sf.
1 space for each 300 sf.
1 space for each 350 sf.
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!&f
NUMBER OF REQUIRED SPACES
Office, medical/dental
10 spaces for first 2000 sf.,plus
1 space for each additional 175
sf. over 2000 sf.
Restaurants, cafes, bars
and other eating and
drinking establishments
(gfa. includes outdoor
seating/eating area)
1 space for each 35 sf. of public
seating area, plus 1 space for
each 200 sf. of all other gross
floor area, with a minimum of 10
spaces.
Restaurants. with drive UD 1 space for each 100 sf. of Qfa.
or drive-thru facilities
Restaurants/donut shop
1 space for each 75 sf. of gfa.
Retail commercial
1 space for each 250 sf. of gfa.
Commercial Uses
Retail nursery/garden shop
1 space for each 500 sf. of
indoor display area, plus 1 space
for each 2500 sf. of outdoor
display area
Service stations
See Section 19.060.030 ( )
Vehicle repair/garage
5 spaces plus 1 space for each
200 sf. of gfa.
Vehicle sales
1 space for each 400 sf. of gfa.
for showroom and office, plus
1 space for each 2000 sf. of out-
door display area, plus 1 space
for each 500 sf. of gfa. for veh-
icle repair, plus 1 space for
each 300 sf. of gfa. for the
parts department
All other commercial uses
not listed above
1 space for each 200 sf. of gfa.
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!.!Sf
NUMBER OF REQUIRED SPACES
Institutional
Churches, conference/
meeting facilities,
mortuaries, theaters,
auditoriums
1 space for each 4 iixed seats,
or 1 space for each 35 sf. of
non-fixed seating area in the
principal sanctuary, conference
space or auditorium, whichever is
greater
Hospitals
1 space for each patient bed,
plus 1/2 space for each patient
bed for employees, or as deter-
mined at project review
Libraries, museums, art
galleries
1 space for each 300 sf. of gfa.
Residential clubs,fra-
ternity/sorority houses,
rooming houses and
similar facilities with
guest rooms
1 space for each 2 guest rooms
Retirement homes
1 space for each 1.5 living
units
Institutional
Sanitariums/nursing homes
1 space for each 6 beds, plus
1 space for each employee on the
largest shift, plus space for
each staff doctor
Schools:
Nursery/pre-school
1 space for each staff member,
plus 1 space for each 6 children
Elementary/Junior High
2 spaces for each classroom
High School
7 spaces for each classroom
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.uSE
NUMBER OF REQUIRED SPACES
Community/college/
University
10 spaces for each classroom
Industrial
Auto dismantling/junk
yards/recycling
ce nte rs
1 space for each 3000 sf. of
gross yard area
Industrial
1 - 3,000 sf.
3,001 - 5,000 sf.
5,001 - 10,000 sf.
10,001 - 50,000 sf.
50.001 + sf.
1 space for each 250 sf. of gfa.
1 space for each 500 sf. of gfa.
1 space for each 750 sf. of gfa.
1 space for each 1,000 sf. of gfa.
1 space for each 1,250 sf. of gfa.
19.18.050 HANDICAPPED PARKING REQUIREMENTS
Handicapped parking requirements are established by the State of California. The park-
ing standards contained in this Section are identical to those established by the State at
the time of the adoption of this Code. Any change in the State's handicapped parking
requirements shall preempt the affected requirements in this Section.
1. Handicapped parking for residential uses shall be provided at the rate of 1
space for each dwelling unit that is designed for occupancy by the handicapped.
2. Handicapped parking spaces shall be provided for all uses other than residential
at the following rate:
Total Number of Parking
Soaces Provided
Number of Handicapped
Parkina Spaces Reauired
1 - 40
41 - 80
81 - 120
121 - 160
161 - 300
301 - 400
401 - 500
over 500
1
2
3
4
5
6
7
7 + 1 for each 200
additional parking
spaces provided
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3. Handicapped parking spaces shall be designed in a manner consistent with
the Uniform Building Code, as illustrated by Figure 18-1.
4. When less than 5 parking spaces are provided, at structures and uses
subject to these regulations, 1 space shall be 14 feet wide and striped to provide
a 9 foot parking area and a 5 foot loading and unloading area. However, there is
no requirement that the space be reserved exclusively or identified for hand-
icapped use only.
5. Handicapped parking spaces required by this Section shall count toward fulfilling
off-street parking requirements.
HANDICAPPED PARKING SIGNS
IL-:::n
PAINTED SURFACE
IDENTIFICATION
3'
FIGURE 18-1
HANDICAPPED STALL SIZE
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19.18.060 DESIGN STANDARDS
Off-street parking areas shall be provided in the following manner:
1. ACCESS
A. All parking areas shall provide suitable maneuvering room so that all
vehicles may enter an abutting street in a forward direction. The Director
may approve exceptions for single-family homes and other residential
projects.
B. No parking space shall be located so that a vehicle will maneuver within
20 feet of a vehicular entrance measured from the property line.
2. COMMERCIAL VEHICLE PARKING
No commercial vehicle exceeding 8 feet in height and/or 20 feet in combined
total length, or towed equipment, shall park between the hours of 6:00 P.M. and
6:00 A.M. on private property or public rights-of- way in residentially designated
areas, unless the vehicle or vehicles are screened from public view and adjacent
properties subject to the approval of the Director. This prohibition shall not apply
to construction sites during the construction process orto vehicles in the process
of making delivery or pickup.
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3. DIMENSIONAL REQUIREMENTS
A. Minimum parking dimensions shall be as indicated in the following
table as illustrated by Figure 18-2:
STALL DIMENSIONS
Parking
AnDie (PA) Width IW) Deoth (0)
Parallel
300
450
SOO
900
9'
10'
10'
10'
10'
o
18'S"
20'
22'S"
20'
AISLE WIDTHS IA)
LenQth III One-Way Two-Wav
22'
20'
20'
20'
20'
12'
12'
14'
19'
2S'
20'
20'
20:
20
2S'
B. Parking stalls shall be non-perpendicular whenever possible.
C. A minimum unobstructed inside dimension of 20 feet by 20 feet shall
be maintained, for a private two-car garage or carport. The minimum un-
obstructed ceiling height shall be 7 feet S inches.
FIGURE 18-2
PARKING STANDARDS
A
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4. DRAINAGE
All required off-street parking areas shall be so designed that surface water will
not drain over any sidewalk, or adjacent property.
5. DRIVEWAYS
Driveways providing ingress and egress to off-street parking spaces shall be a
minimum width of 17 feet for a one-way driveway and 24 feet for a two-way;
however, driveways in the single-family residential land use districts shall have a
minimum width of 20 feet, with direct access to a 2 car garage. The minimum
length of a single-family driveway shall be 20 feet measured from inside the
sidewalk or apron to the front of the 2 car garage. The driveway width shall be
maintained free and clear of all obstructions.
6. LANDSCAPING
A minimum of 15% of the net area of all parking areas shall be landscaped as fol-
lows:
A. Where parking areas adjoin a public right-of-way, a landscaped planting
strip 10 feet wide shall be established and continuously maintained be-
tween the public right-of-way and parking area. Any planting, sign, or any
other structure within safety sight- distance of a driveway shall not exceed
36 inches in height.
B. Interior parking spaces shall have a continuous 6 foot wide planter
strip with 6 foot by 20 foot planter areas for every 8 parking spaces.
Provisions shall be made to ensure that adequate pedestrian paths are
provided throughout the landscaped areas. At least one 24 inch box tree
for every 5 spaces shall be included in the development of the overall
landscape program. The maximum spacing between trees in parking
areas shall be 30 feet; however, appropriate clustering of trees may be
permitted.
C. All areas in a parking lot not used for driveways, maneuvering areas,
parking spaces, or walks, shall be permanently landscaped with suitable
materials and permanently maintained, pursuant to a program submitted
by the applicant and approved by the Director of the Parks and Recrea-
tion Department.
D. All landscaped areas shall be bordered by a concrete curb that is at least
6 inches high and 6 inches wide. All landscaped areas shall be a mini-
mum of 6 feet in width. Concrete mow strips at least 6 inches deep and 4
inches wide shall be required to separate turf areas from shrub areas.
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E. A permanent and automatic irrigation system shall be installed and
permanently maintained in all landscaped areas. The system shall
employ state-of- the-art water conservation technology and recognize dif-
fering irrigation needs of various plant materials.
F. The landscaping plan shall provide for a variety of plant materials, with
an emphasis on drought tolerant species, appropriate for the local en-
vironment and shall include a legend showing common names, sizes,
quantities, location, dimensions of planted area, and percentage of park-
ing lot landscaping.
G. To increase the parking lot landscaped area, a maximum of 2 and 1/2
feet of the parking stall depth may be landscaped in lieu of asphalt while
maintaining the required parking dimensions.
7. LIGHTING
Parking areas shall have lighting capable of providing adequate illumination for
security and safety. The minimum requirement is 1 foot candle, maintained even-
ly across the surface of the parking area. Lighting standards shall be energy-effi-
cient and in scale with the height and use of the structure. Any illumination, in-
cluding security lighting, shall be directed away from adjoining properties and
public rights-of- way. Low-level lighting shall be used where possible.
8. LOCATION OF REQUIRED PARKING SPACES
All parking spaces shall be located on the same parcel as the structure or use,
unless approved otherwise by the review authority.
Off-street parking spaces for multi-family residential developments shall be lo-
cated within 200 feet from the dwelling unit (front or rear door) for which the park-
ing space is provided. No parking space required by this Chapter shall be lo-
cated in the front, side or rear setback area of a residential land use district
except within a detached garage or carport structure which may be located in a
side or rear setback area.
9. MAINTENANCE
All required parking facilities shall be permanently maintained, free of litter and
debris, and clearly posted for .parking purposes. only.
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10. PARKING STRUCTURES
All parking structures shall be landscaped as follows:
A. The parking structure shall have a continuous minimum 10 foot perimeter
landscaping with vertical elements at least every 20 feet.
B. The entries and exits of the parking structure shall include a minimum 6
foot wide landscaped median island and accent paving in the driveway.
C. Landscaped materials, excluding vertical element openings, shall be
provided in planters and/or pots for 5% of the total surface deck area.
The planters and/or pots shall be distributed throughout the deck area.
D. All landscaping shall be permanently maintained and automatically irrigated.
E. Lighting for the above ground deck shall be energy-efficient,
low-level and directed so as not to spill beyond the surface deck. Lighting
fixtures shall not exceed 4 feet in height.
11. RECREATIONAL VEHICLE PARKING
A. A recreational vehicle may only be parked on a lot behind the front line of the
house or, in the case of a corner lot, behind the front line facing each street or
right-of-way, and shall be screened to a height of 6 feet from view from any
public or private right-of-way. A recreational vehicle used as daily transportation
may be parked overnight in recognized driveways.
B. Recreational vehicles may be temporarily parked on public or private
rights-ai-way in front of residences for not more than 48 continuous hours
for the purposes of loading and unloading. Forty-eight hours must elapse
before the start of a new 48 hour period, together with movement of the
vehicle a distance of at least 500 feet.
12. SECURITY
All parking facilities shall be designed, constructed and maintained with security
as a priority to protect the safety of the users.
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13. SCREENING
Commercial/industrial and public parking areas abutting residentially designated
property shall have a 6 foot high solid architecturally treated decorative masonry
wall approved by the Director. All wall treatments sh<all occur on both sides. In
addition to other public improvements, adequate area shall be provided adjacent
to public rights-of-way to accommodate a required 3 foot high permanently main-
tained and irrigated landscaped berm.
14. SHADING
All parking areas shall provide 25% permanent shading for parked vehicles. Any
reasonable combination of shading methods can be utilized. If trees are used,
they may not thereafter be trimmed so as to reduce the effectiveness of their
shading ability.
15. SHARED PARKING
Parking facilities may be shared if multiple uses cooperatively establish and
operate the facilities and if these uses generate parking demands primarily
during hours when the remaining uses are not in operation. (For example, if one
use operates during evenings or week days only.) The applicant shall have the
burden of proof for a reduction in the total number of required off-street parking
spaces, and documentation shall be submitted substantiating their reasons the
requested parking reduction. Shared parking may only be approved if:
A. A sufficient number of spaces are provided to meet the greater parking
demand of the participating uses;
B. Satisfactory evidence, as deemed so by the Director, has been submitted
by the parties operating the shared parking facility, describing the nature
of the uses and the times when the uses operate so as to demonstrate
the lack of potential conflict between them; and
C. Additional documents, covenants, deed restrictions, or other agreements
as may be deemed necessary by the Director are executed to assure that
the required parking spaces provided are maintained and uses with
similar hours and parking requirements as those uses sharing the parking
facilities remain for the life of the commerciallindustrial development.
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OFF-STREET PARKING STANDARDS -19.18
16. SLOPE
A. Parking areas shall be designed and improved with grades not to
exceed a 5% slope.
B. Driveways shall have grades not to exceed 10% slope or as approved
by the City Engineer.
17. STRIPING
All parking spaces shall be striped in accordance with City requirements. The
striping shall be maintained in a clear and visible manner. Each exit from any
parking area shall be clearly marked with a "STOP" sign.
18. SURFACING
All parking areas shall be surfaced with a minimum thickness of 3 inches of as-
phaltic concrete over a minimum thickness of 4 inches of an aggregate base
material or an equivalent structural section to be approved by the City Engineer.
19. TANDEM PARKING
The review authority may approve an off-street parking program utilizing limited
tandem parking for commercial and industrial uses provided that the develop-
ment requires 150 or more parking spaces, with no more than a maximum of
10% of the total number of spaces designated as tandem and an attendant is on
duty during the normal hours that the commerciallindustrial development is open
for business.
20. WHEEL STOPS/CURBING
Continuous concrete curbing at least 6 inches high and 6 inches wide shall be
provided for all parking spaces located adjacent to walls, fences, property lines
and structures. All parking lots shall have continuous curbing at least 6 inches
high and 6 inches wide around all parking areas and aisle planters; wheel stops
shall not be used in lieu of curbing, to protect landscaping, signage, structures
and walls.
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PRELIMINARY DRAFT
OFF-STREET LOADING STANDARDS -19.20
CHAPTER 19.20
OFF-STREET LOADING STANDARDS
19.20.010 PURPOSE
These provisions establish comprehensive standards to regulate the number, design,
and location of off-street loading areas, in a manner which ensures the following:
1. Accessible, attractive, secure and well-maintained loading and delivery facilities.
2. Reduced potential for traffic congestion and hazards.
3. Protection for adjacent parcels and surrounding neighborhoods from the
effects of vehicular noise and traffic generated from the anticipated land use.
4. Loading and delivery services in proportion to the needs generated by the
proposed land use which are clearly compatible with adjacent parcels and the
surrounding neighborhood.
19.20.020 APPLICABILITY
Every nonresidential land use shall have permanently maintained off-street loading
areas pursuant to the following provisions.
19.20.030 NUMBER OF LOADING SPACES REQUIRED
Off-street freight and equipment loading spaces shall be provided for all offices, hospi-
tals, institutions, hotels, senior group housing, schools, and other commercial and in-
dustrialland uses.,
The following minimum number of loading spaces shall be provided for each use:
1. Commercial, industrial, institutional, hospital, hotel, senior group housing,
schools, etc., otherthan office uses:
Gross floor area
80aces reouired
Less than 4,000 sf.of gfa.
4,001 - 25,000 sf.
25,001 + sf.
1
2
2+ additional as required
by the Director
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OFF-STREET LOADING STANDARDS - 19.20
2. Office uses:
Gross floor area
Spaces required
Less than 25,000 sf.of gfa.
25,001 + sf
1
1 + additional as required
by the Director
Requirements for uses not specifically listed shall be determined by the Director based
upon the requirements for comparable uses and upon the particular characteristics of
the proposed use, pursuant to Section 19.04.030.
19.20.040 DESIGN STANDARDS
Off-street loading spaces shall be provided in the following manner:
1. ACCESS
When the lot upon which the loading space is located abuts an alley, the loading
space shall have access from the alley.
2. DIMENSIONS
Required loading spaces shall be not less than 15 feet in width, 50 feet in
length, with 14 feet of vertical clearance.
3. LIGHTING
Loading areas shall have lighting capable of providing adequate illumination for
security and safety. Lighting standards shall be energy-efficient and in scale with
the height and use of the structure. Any illumination, including security lighting,
shall be directed away from adjoining properties and public rights-of- way. Low
level lighting shall be used where possible.
4. LOCATION
Loading spaces shall be located and designed as follows:
A. Adjacent to, or as close as possible to, the main structure.
B. Situated to ensure that all loading and unloading takes place on-site,
and in no case within adjacent public rights-of-way, or other traffic areas
on-site.
C. Situated to ensure that all vehicular maneuvers occur on-site.
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5. PASSENGER LOADING
Passenger loading spaces shall be provided in addition to any required freight
and equipment loading spaces whenever required by a Planned Development
Permit. Passenger loading spaces shall be not less than 10 feet wide and 20
feet long, shall be located in close proximity to the structure entrance, and shall
not require pedestrians to cross a driveway, parking aisle, alley, or street in order
to reach the structure entrance. Required spaces shall not count as required
parking spaces.
6. SCREENING
All loading areas abutting residentially designated property shall have a 6 foot
high solid architecturally treated decorative masonry wall approved by the Direc-
tor. All wall treatments shall occur on both sides. In addition, adequate area
shall be provided adjacent to public rights-of-way to accommodate a required 3
foot high permanently maintained and irrigated landscaped berm..
7. SECURITY
All loading facilities shall be designed, constructed and maintained with security
as a priority to protect the safety of the users.
8. STRIPING
Loading areas shall be striped indicating the loading spaces and identifying the
spaces for loading only. The striping shall be permanently maintained in a clear
and visible manner.
9. SURFACING
Loading areas shall be surfaced with a minimum thickness of 4 inches of asphal-
tic concrete over a minimum thickness of 6 inches of an aggregate base
material or an equivalent structural section to be approved by the City Engineer.
10. WHEEL STOPS/CURBING
Continuous concrete curbing at least 6 inches high and 6 inches wide shall be
provided for all loading spaces.
PRELIMINARY DRAFT
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LANDSCAPING STANDARDS - 19.22
CHAPTER 19.22
LANDSCAPING STANDARDS
19.22.010 PURPOSE
The purpose of this Chapter is to establish landscaping regulations that are intended to:
1. Enhance the aesthetic appearance of development in all areas of the City by -
providing standards relating to quality, quantity and functional aspects of
landscaping and landscape screening.
2. Increase compatibility between residential and abutting commercial and
industrial land uses.
3. Reduce the heat and glare generated by development.
4. Protect public health, safety, and welfare by minimizing the impact of all forms
of physical and visual pollution, controlling soil erosion, screening incompatible
land uses, preserving the integrity of neighborhoods, and enhancing pedestrian
and vehicular traffic and safety.
19.22.020 APPLICATION
A concept landscaping plan (or detailed site plan) shall be submitted as part of a permit
application, pursuant to Chapter 19.60 (Applications and Fees).
The concept plan shall meet the intent of this chapter by exhibiting a generalized design
layout which adequately demonstrates the desired landscaping program in terms of
location, size/scale, function, theme and similar attributes. The concept plan shall
provide the review authority with a clear understanding of the landscaping program prior
to the preparation of a detailed, comprehensive landscaping plan.
19.22.030 GENERAL REGULATIONS
The comprehensive landscaping plan shall be prepared following approval of the permit
application by the review authority. Submittal of the comprehensive plan shall be con-
current with the grading plan(s) and other documents and reports. This section and
those that follow provide the regulations to be followed in the preparation of the com-
prehensive landscape program.
In addition to the following regulations, the Director of Parks and Recreation requires
the use of the Parks, Recreation and Community Services Procedures and Policy to en-
sure effective implementation of a landscape and irrigation plan.
PRELIMINARY DRAFT
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LANDSCAPING STANDARDS - 19.22
1. Landscaping plans shall be prepared by a landscape architect registered
to practice in the State of California.
2. Landscape designs shall be in harmony with the surrounding environment.
3. Landscape design and construction shall emphasize drought-tolerant
landscaping whenever/wherever possible.
4. A fully dimensioned comprehensive landscape and irrigation plan shall include,
but not be limited to:
+ List of Plants (Common & Latin)
+ Size
+ Location
+ Irrigation Plan
+ Hardscape
+ Water Elements
+ Any other infor-
mation deemed
necessary, by
the Director of
Parks and
Recreation.
5. The planting of trees and shrubs shall comply with the following installation
requirements:
A. Landscape areas shall have plant"material selected and plant methods
used which are suitable for the soil and climatic conditions of the site.
Sizes of the plant materials shall conform to the following mix:
~
20%, 24 inch box;
50%. 15 gallon; and
30%, 5 gallon
Shrubs
20%,5 gallon; and
80%, 1 gallon
Groundcover
100%, within 1 year
In addition, mature specimen trees in 36 inch or 48 inch boxes shall be
provided in sufficient quantity to provide variety and emphasis of focal
areas in the landscaping plan.
B. Trees shall be long-lived (minimum life expectancy of 60 years), clean,
require little maintenance, be structurally strong, insect and disease resis-
tance, and require little pruning.
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LANDSCAPING STANDARDS. 19.22
C. Trees and shrubs shall be planted so that at maturity they do not interfere
with service lines, Traffic Safety Sight Area, basic property rights of ad-
jacent property owners, particularly the right of solar access, pursuant to
Section 19.14.030 (X) (Solar Energy Design Standards).
D. Trees planted near public curbs shall have a limited root structure and
shall be installed in such a manner as to prevent physical damage to
sidewalks, curbs, gutters and other public improvements. A deep root sys-
tem shall be used.
6. Where trees are planted in paved areas, they shall have a protected tree grate.
Tree grates shall be caste iron with a natural finish. A deep root system shall be
used.
7. Concrete mow strips are required to separate all turf areas from other landscaped
areas.
8. Buffer planting shall occur along all freeways and major arterials in order to
visually screen uses and provide noise reduction. This landscaping shall be in
addition to screening requirements set forth in Sec. 19.22.040 below.
9. Appropriate shrubbery and creeping vines shall be provided along all walls and
fences adjoining public rights-of-way.
10. When inorganic groundcover is used, it shall be in combination with live
plants and shall be limited to an accent feature.
11 . All landscaping shall have an automatic irrigation system.
19.22.040 SCREENING REQUIREMENTS
1. Every development shall provide sufficient screening so that neighboring
properties are effectively shielded from any adverse impacts of that development
or so that the new developing use shields itself from existing potential impacts
from uses already in operation.
2. Table 22.01 sets forth the type of screening method required between various
uses in order to provide a mechanism to buffer potential negative impacts.
To determine the type of screening required (Type A. B. or C), find the use in the
"Developing Use" column which is similar to the proposed use to be developed
and follow that line across the page to its intersection with the type of use(s) that
adjoins the property to be developed. For each intersecting square that contains
a letter, the developer is required to install the level of screening indicated.
PRELIMINARY DRAFT
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TABLE 22.01, SCREENING REQUIREMENTS
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7'=>
LANDSCAPING STANDARDS. 19.22
3. The three basic types of screens that are required by Table 22.01 "Screening
Requirements", are as follows:
A. OPAQUE SCREEN, TYPE A
A screen that is opaque from the ground to a height of at least six feet,
with intermittent visual obstructions from the opaque portion to a height of
at least 20 feet. An opaque screen is intended to exclude all visual con-
tact between uses and to create a strong impression of spacial separa-
tion. The opaque screen may be composed of a wall, fence, or densely
planted vegetative. Compliance of planted vegetative screens will be
judged on the basis of the average mature height and density of foliage of
the subject species, or field observation of existing vegetation. The opa-
que portion of the screen must be opaque in all seasons of the year. At
maturity, the portion of intermittent visual obstructions should not contain
any completely unobstructed openings more than 10 feet wide. Sug-
gested planting patterns are shown in Figure 22-1.
B. SEMI-OPAQUE SCREEN, TYPE B
A screen that is opaque from the ground to height of 3 feet, with intermit-
tent visual obstruction from above the opaque portion to a height of at lest
20 feet. The semi-opaque screen is intended to partially block visual con-
tact between uses and to create a strong impression of the separation of
spaces. The semi-opaque screen may be composed of a wall, fence,
landscaped earth berm, or planted vegetation. Compliance of planted
vegetative screens will be judged on the basis of the average mature
height and density of foliage of the subject species, or field observation of
existing vegetation. At maturity, the portion of intermittent visual obstruc-
tions should not contain any completely unobstructed openings more than
15 feet wide.
C. BROKEN SCREEN, TYPE C
A screen composed of intermittent visual obstructions from the ground to
a height of at least 20 feet. The broken screen is intended to create the
impression of a separation of spaces without necessarily eliminating
visual contact between the spaces. It may be composed of a wall, fence,
landscaped earth berm, planted vegetation. or existing vegetation. Com-
pliance of planted vegetative screens or natural vegetation will be judged
on the basis of the average mature height and density of foliage of the
subject species, or field observation of existing vegetation. The screen
may contain deciduous plants.
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LANDSCAPING STANDARDS. 19.22
4. The screening requirements set forth in this section may be interpreted with
some flexibility by the Director and Commission in their enforcement of the stand-
ards.
It is recognized that because of the wide variety of types of developments and
the relationships between them, it is neither possible nor prudent to establish in-
flexible screening requirements. Therefore, minor deviations may be granted to
allow less intensive screening, or requirements for more intensive screening may
be imposed, whenever such deviations are more likely to satisfy the intent of this
Section.
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LANDSCAPING STANDARDS. 19.22
TYPE A
TYPICAL OPAQUE SCREENS
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TYPICALSEMI~iJCI .
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SMAll TREES PLANTED
30' ON CENTER.
6' HIGH EVERGREEN
SCREENING SHRUBS
PLANTED 4' C.C.
LARGE TREES PLANTED
40' ON CENTER.
6'HIGH
MASONRY WALL
TALL EVERGREEN TREES
STAGGER PLANTED.
WITH BRANCHES
TOUCHING GROUND.
SMAll TREES PLANTED
30' ON CENTER.
3' HIGH WAll
SMALL TREES PLANTED
20'-30' ON CENTER
ON TOP OF BERM.
3' HIGH BERM
WITH GROUNDCOVER.
LARGE TREES PLANTED
40' ON CENTER.
3' HIGH EVERGREEN
SHRUB HEDGE
PLANTED 3' C.C.
FIGURE 22-1
TYPICAL SCREENING METHODS
TYPEC
=.~. .
..!L
" , . ~"!'6~~:~~D
n IT OPEN FENCE
SMALL TREES PLANTED
30' ON CENTER.
LARGE TREES PLANTED
40' ON CENTER.
ASSORTED SHRUBBERY.
PRELIMINARY DRAFT
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III-7ft
LANDSCAPING STANDARDS - 19.22
19.22.050 PARKWAY TREATMENT STANDARDS
Landscape plans for parkway areas shall include but not be limited to the following:
1. Parkways shall be properly designed and landscaped in order to establish
high level of development quality while providing for neighborhood identity where
appropriate. The design shall utilize uniform street tree plantings with com-
plementary Iandscape materials.
2. Provide a design which ensures the desired screening, shading, appearance
and compatibility with established parkways, including a sensitive transition be-
tween diverse landscape types and patterns.
3. Incorporate mounding within the overall design, with landscaped slopes not
exceeding a 3:1 ratio, or 3 feet in height. A minimum of 6 feet of landscaping
shall be placed on the exterior of perimeter walls and fences.
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LANDSCAPING STANDARDS - 19.22
4. Incorporate walls and fences into the landscape design, including the special
treatment of meandering walls, and wall breaks or openings where the design
shall complement the interior landscaping of the adjacent development.
5. Street tree varieties and exact location shall be detenmined by the Director
of Parks and Recreation. The Parks and Recreation Department shall mark loca-
tions and inspect plant material on site, priorto planting. Sidewalks, curb and
gutter, must be clean of debris prior to marking. A 24 hour notice is required for
inspection. The size of the street trees shall be 24 inch box specimens. The 24
inch box trees shall be planted as street trees within the public parkway or City
property.
19.22.060 CORNER TREATMENT STANDARDS
Landscape plans for any development involving corner lots shall include additional spe-
cial design requirements, including but not limited to the following:
1. A minimum landscape area of 100 square feet for corner areas.
2. Incorporate significant landscape and water features, including specimen
trees, coordination with wall breaks or openings, and special "city entry" image
treatment wherever appropriate.
3. Specimen trees shall be a minimum of 48 inch box size.
4. Ensure that any corner landscape plan within the "Traffic Safety Sight Area",
as defined, shall be designed to protect public safety.
19.22.070 INSTALLATION OF LANDSCAPING
All required landscaping shall be properly installed, irrigated, inspected and permanent-
ly maintained prior to use inauguration or the issuance of a Certificate of Occupancy,
whichever first occurs.
19.22.080 MAINTENANCE OF LANDSCAPING
1. Maintenance of approved landscaping shall consist of regular watering,
mowing, pruning, fertilizing, clearing of debris and weeds, the removal and re-
placement of dead plants, and the repair and replacement of irrigation systems
and integrated architectural features.
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LANDSCAPING STANDARDS - 19.22
2. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a
maintenance agreement and easement subject to the approval of the City Attor-
ney. The agreement and easement shall ensure that if the landowner, or sub-
sequent owners, fails to maintain the required/installed site improvements, the
City will be able to file an appropriate Iien(s) against the property in order to ac-
complish the required maintenance.
19.22.090 REMOVAL OR DESTRUCTION OF TREES
Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged.
In the event that more than 5 trees are to be cut down, uprooted, destroyed or removed
within a 36 month period, a permit shall first be issued by the Department, pursuant to
Chapter 15.34 of the Municipal Code.
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LANDSCAPE DESIGN GUIDEUNES - G19.22
G19.22.100 LANDSCAPE DESIGN GUIDELINES
1. PURPOSE
The following design guidelines are intended as a reference framework to assist
the designer in understanding the City's goals and objectives for high quality
development. The guidelines will be utilized during'the City's design review
process to encourage the highest level of design quality while at the same time
providing the flexibility necessary to encourage creativity on the part of project
designers.
2. APPLICABILITY
The provisions of this section apply to all development projects within the City,
unless otherwise specified herein. Any addition, remodeling, relocation, or con-
struction requiring a building permit within any industrial district subject to
review by the Development Review Committee, shall adhere to these guidelines
where applicable.
3. GENERAL GUIDELINES
A. Landscaping and open spaces should be designed as an integral part of
the overall site plan design. Landscaping and open spaces should en-
hance the building design, enhance public views and spaces, provide buf-
fers and transitions, provide for a balance of solar uses, and provide
screening.
B. Landscape design should accent the overall design theme through the
use of structures such as arbors and trellises which are appropriate to the
particular architectural style of adjacent buildings.
C. Landscaped areas should incorporate plantings utilizing a three tier system;
1) grasses and ground covers, 2) shrubs, and 3) trees.
D. The following are common planting design concepts that should be used
whenever possible:
1. Specimen trees used in informal grouping and rows at major focal points
2. Extensive use of flowering vines both on walls and arbors
3. Pots, vases, wall or raised planters
4. The use of planting to create shadow and patterns against walls
5. Trees to create canopy and shade, especially in parking areas
6. The use of flowering trees in informal groups to provide color
7. Informal massing of colorful plantings
8. Use of distinctive plants as focal points
9. Berms, plantings, and low walls to screen parking areas from view
of public rights-of-way while allowing filter views of larger buildings
beyond
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LANDSCAPE DESIGN GUIDEliNES - G19.22
E. Planting areas between walls and streets should be landscaped in a
hierarchy of plants in natural formations and groupings. Solid walls 3' -0"
or higher should receive vines when adjacent to public streets.
F. A colorful landscape edge should be established at the base of buildings.
Avoid asphalt edges at the base of structures as much as possible. Plant
materials located in containers are appropriate.
G. Planting masses on-site should assume a simple, non-uniform arrangement+.
The diversity of massing types should be great enough to provide interest,
but kept to a level which evokes a relaxed natural feeling.
4. INSTALLATION AND MAINTENANCE
A. TREES AND SHRUBS
Trees should be 15 gallon size having a minimum height of eight feet at
time of planting. Shrubs should be a minimum of 1 gallon size at time of
planting. Trees should be adequate in trunk diameter to support the top.
Trees, shrubs, and vines should have body and fullness that is typical of
the species.
B. GROUND COVER
All ground cover should be healthy, densely foliated, and well rooted cut-
tings, or one gallon container plants. Herbaceous and flat plant ground
covers should be planted no more than 18 inches on center and woody,
shrub ground cover should be planted no more than four feet on center.
C. SPACING
The spacing of trees and shrubs should be appropriate to the species used.
The plant materials should be spaced so that they do not interfere with
the adequate lighting of the premises or restrict access to emergency ap-
paratus such as fire hydrants or fire alarm boxes. Proper spacing should
also insure unobstructed access for vehicles and pedestrians in addition to
providing clear vision of the intersections from approaching vehicles.
PREUMINARY DRAFT
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LANDSCAPE DESIGN GUIDELINES - G19.22
Plant material should conform to the following spacing standards:
1. A minimum of 25 feet from the property corner at a street
intersection to the center of the first tree or large shrub.
2. A minimum of 15 feet between center of trees and large shrubs to
light standards.
3. A minimum of 15 feet between center of trees or large shrubs and
fire hydrants.
4. A minimum of 10 feet between center of trees or large shrubs and
edge of driveway.
DO THIS
DON'T DO THIS
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LANDSCAPING STANbARDS. 19.22
19.22.110 APPLICABLE REGULATIONS
All landscape plans shall be subject to the applicable regulations of this Code, including
provisions located in the following Chapters:
1.
2.
3.
4.
5.
6.
Chapter 19.42
Chapter 19.20
Chapter 19.18
Chapter 19.40
Chapter 19.14
Chapter 19.16
Conditional Use Permits
Off-Street Loading Standards
Off-Street Parking Standards
Planned Development Permits
Property Development Standards
Sign Standards
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NON-CONFORMING STRUCTURES AND USES. 19.24
CHAPTER 19.24
NONCONFORMING STRUCTURES AND USES
19.24.010 PURPOSE
These provisions provide for the orderly termination of nonconforming structures and
uses to promote the public health, safety, and general welfare, and to bring these struc-
tures and uses into conformity with the goals and policies of the General Plan. This
Chapter is intended to prevent the expansion of nonconforming structures and uses to
the maximum extent feasible, to establish the criteria under which they may be con-
tinued or possibly expanded, and to provide for the correction or removal of these land
use nonconformities in an equitable, reasonable and timely manner.
It is hereby declared that nonconforming structures and uses within the City are
detrimental to both orderly and creative development, and the general welfare of
citizens and property. It is further declared that nonconforming structures and uses shall
be eliminated as rapidly as possible without infringing upon the constitutional rights of
property owners. .
19.24.020 NONCONFORMING STRUCTURES
A structure which lawfully existed prior to the effective date of this Code is a legal non-
conforming structure, and may continue even though the structure fails to conform to
the present requirements of the land use district in which it is located. A legal noncon-
forming structure may be maintained as follows:
1 . A nonconforming structure which is damaged to an extent of 1/2 or more of its
replacement cost immediately prior to such damage may be restored only if
made to conform to all provisions of this Code. However, aAy' .oi, ,,,,Ie family
residential structure destroyed by a catastrophe may be reconstructed up to its
original size and placement.
2. Necessary repairs and desired alterations may be made to a legal nonconforming
single-family residential structure.
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NON-CONFORMING STRUCTURES AND USES - 19.24
3. Reasonable repairs and alterations may be made to legal nonconforming
structures other than single-family residential structures, provided that no struc-
tural alterations shall be made which would prolong the life of the supporting
members of a structure, such as bearing walls, columns, beams, or girders.
Structural elements may be modified or repaired only' if the Chief Building Official
determines that such modification or repair is immediately necessary to protect
the health and safety of the public or occupants of the nonconforming structure,
or adjacent property and the cost does not exceed 1/2 of the replacement cost of
the legal nonconforming structure. However, improvements required to reinforce
non-reinforced masonry structures shall be permitted without replacement cost
limitations, provided that such retrofitting is strictly limited to compliance with
earthquake safety standards.
4. Changes to interior partitions or other nonstructural improvements and repairs
may be made to a legal nonconforming structure, other than a single-family
residential structure, provided that the cost of the desired improvement or repair
shall not exceed 1/2 of the replacement cost of the nonconforming structure over
any consecutive 5 year period.
5. The replacement cost shall be determined by the Director.
6. Any additional development of a parcel with a legal nonconforming structure
will require that all new structures be in conformance with this Code.
7. If the use of a nonconforming structure is discontinued for a period of 6 or more
consecutive calendar months, the structure shall lose its legal nonconforming
status, and shall be removed or altered to conform to the provisions of this
Code. A use of a legal nonconforming structure shall be considered discontinued
when any of the following apply:
A. The intent of the owner to discontinue use of the nonconforming
structure is apparent, as determined by the Director.
B. Where characteristic furnishings and equipment associated with the
use have been removed and not replaced with equivalent furnishings and
equipment during this time, and where normal occupancy and/or use has
been discontinued for a period of 6 or more consecutive calendar months.
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19.24.030 NONCONFORMING USES
A nonconforming use is one which lawfully existed prior to the effective date of this
Code, but which is not now permitted in the land use district in which it is located. The
continuance of a legal nonconforming use is subject to the following:
1. Change of ownership, tenancy, or management of a nonconforming use shall
not affect its legal nonconforming status, provided that the use and intensity of
use does not change.
2. If a nonconforming use is discontinued for a period of 6 or more consecutive
calendar months, it shall lose its legal nonconforming status, and the continued
use of the property shall be required to conform with the provisions of this Code.
3. Additional development of any property on which a legal nonconforming use
exists shall require that all new uses conform to the provisions of this Code.
4. If a nonconforming use is converted to a conforming use, no nonconforming
use may be resumed.
5. No nonconforming use may be replaced by another nonconforming use, nor
may any nonconforming use be expanded.
6. In the CR-2 (Commercial Regional-Downtown) land use district, a change in
use which would normally require additional off-street parking may be permitted
without the requirement for additional parking as long as no previously provided
parking facilities are eliminated.
7. A legal nonconforming use of a structure or portion of a structure that conforms
to the standards of this Chapter shall not be expanded into any other portion of
the structure nor changed except to a conforming use. The nonconforming use
of land shall not be expanded or extended in area.
8. A legal nonconforming use shall not be permitted to change in mode or
character of operation. A change in mode or character shall include but not be
limited to extended hours of operation, substantial remodeling or a change in
number of seats or service area floor space for bars and restaurants.
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NON-CONFORMING STRUCTURES AND USES - 19.24
19.24.040 ABATEMENT OF NONCONFORMING USES.
Legal nonconforming uses shall be discontinued within the following specified time
limits, from the effective date of this Code:
1.
A nonconforming use which does not
occupy a structure
5 years
2.
The nonconforming use of a
conforming structure within any
residential land use district
15 years
3.
The nonconforming use of a
conforming structure within any
commercial/industrial land use
district
20 years
19.24.050 STRUCTURE PERMITS OR CERTIFICATES OF OCCUPANCY
PROHIBITED
When any nonconforming structure or use is no longer permitted pursuant to the
provisions of this Chapter, no permit for a structure shall thereafter be issued for further
continuance, alteration, or expansion. Any permit issued in error shall not be construed
as allowing the continuation of the nonconforming structure or use.
19.24.060 REMOVAL OF ILLEGAL NONCONFORMING STRUCTURES AND
USES
Nothing contained in this Chapter shall be construed or implied so as to allow for the
continuation of illegal nonconforming structures and uses. Said structures and uses
shall be removed immediately subject to the provisions of Chapter 19.64 (Enforcement
of Provisions) and State law.
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SUBDIVISION STANDARDS - 19.26
CHAPTER 19.26
SUBDIVISION STANDARDS
(NOTE: This chapter to be provided at a later date)
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ARTICLE IV INTRODUCTION
ARTICLE IV - ADMINISTRATION
INTRODUCTION
The purpose of this Article is to outline procedures together with various land use permit
options, in addition to providing for amendments to the General Plan and this Code.
Table 28.01 (Threshold of Review) identifies the full range of land use permit options
and applicable final review authority.
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ARTICLE IV INTRODUCTION
TABLE 28.01
THRESHOLD OF REVIEW
Director DRC Commission Council
Certificate of Occupancy X
Home Occupation Permits X
TemDorarv Use Permits X
Minor Modifications X
Minor Exceptions X
Variances X
Planned Development Permits X
Residential:
1 - 3 Dwelling Units X
4 - 15 Units X
16 + Units X
Commercial:
1 - 30,000 sq. ft. X
30,000 + SQ. ft. X
Industrial:
1 - 50,000 sq. ft. X
50.000 + SQ. ft. X
Conditional Use Permits X
Tentative Parcel Maps X
Tentative Tract Maps X
Final Maps X
Specific Plans (X)* X
General Plan
Amendments (X)* X
Development Code
Amendments (X)' X
Design Review X
Development Agreements (X)' X
Surface Mining and Land
Reclamation (CUP) (X)' X
Sign Permits X
, Commission recommends to Council for final determination
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ARTICLE IV INT,RODUCTION
MULTIPLE PERMIT APPLICATIONS
An applicant for a development project which would require the filing of more than 1
land use permit application shall file all related permits concurrently under a single ap-
plication, entitled "Multiple Permit Application" (MPA), and pay appropriate fees, as out-
lined in Chapter 19.60 (Applications and Fees). Processing and environmental review
shall be concurrent and the final decision on the project shall be made by the highest
level of review authority, pursuant to Table 28.01 (Threshold of Review). For example,
a project requiring a Variance and Planned Development Permit applications shall be
determined by the Commission, while a project requiring a Planned Development Per-
mit, Tentative Tract Map, and General Plan Amendment shall be determined by the
Council.
PRE-APPLICATION CONFERENCE
A prospective applicant or agent ~ request a pre-application conference with the
Department prior to formal submittal of a single land use permit application. Develop-
ment projects involving multiple permit applications ~ require a pre- application con-
ference. This conference should take place prior to any substantial investment (i.e.,
land acquisition, site, engineering and construction plans) in the preparation of the
proposed development project application. During the conference, the Department rep-
resentative(s) shall inform the applicant of applicable policies, plans, and requirements
as they apply to the proposed development project, review the appropriate procedures
outlined in this Code, and examine possible alternatives or modifications relating to the
proposed project. A fee shall be imposed for the pre-application conference pursuant to
the City's "Schedule of Fees". ,
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CERTIFICATE OF OCCUPANCY -19.28
CHAPTER 19.28
CERTIFICATES OF OCCUPANCY
19.28.010 PURPOSE.
The following provisions are intended to ensure that any initiation or re-establishment of
a legally permitted use within a legally established (or a legal nonconforming) structure
shall comply with all applicable provisions of the Municipal Code.
19.28.020 APPLICATION
No vacant. relocated, altered. repaired. or hereafter erected structure shall be occupied,
or no change in use of land or structure(s) shall be inaugurated until a Certificate of Oc-
cupancy has been issued by the Department. An application for the permit shall be on
a form prescribed by the Director and shall be filed with the Department pursuant to
Chapter 19.60 (Applications and Fees).
19.28.030 APPLICABILITY
1. A Certificate of Occupancy for a structure which is to be relocated, remodeled,
or erected shall be filed at least 30 days prior to the intended occupancy.
2. A Certificate of Occupancy for the use of vacant land or structure(s), or a
change in occupancy shall be filed at least 30 days prior to the intended use in-
auguration; and
3. A Certificate of Occupancy may be issued by the Department subject to the
conditions imposed on the use. provided that a deposit is filed with the Depart-
ment prior to the issuance of the certificate. The deposit or security shall guaran-
tee the faithful performance and completion of all terms, conditions and pertor-
mance standards imposed on the intended use. The form of the deposit or
security shall be subject to the approval of the Director, upon the recommenda-
tion of the City Engineer. The deposit or security shall be returned to the
depositor within 10 days following a determination by the Director that all of the
terms, conditions and performance standards have been met.
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HOME OCCUPATION PERMITS -19.30
CHAPTER 19.30
HOME OCCUPATION PERMITS
19.30.010 PURPOSE
These provisions allow for the conduct of home enterprises which are incidental to and
compatible with surrounding residential uses. A home occupation represents a legal in-
come producing activity by the occupant of the dwelling.
19.30.020 APPLICATION
The conduct of a home occupation requires the approval of the Director who may estab.
Iish conditions to further the intent of this Chapter. An application for a Home Occupa-
tion Permit shall be on a form prescribed by the Director and shall be filed with the
Department pursuant to Chapter 19.60 (Applications and Fees).
19.30.030 OPERATING STANDARDS
Home occupations shall comply with all of the following operating standards:
1. The home occupation shall not alter the appearance of the dwelling unit;
2. There shall be no displays, sale or delivery of merchandise, or
advertising signs on the premises;
3. There shall be no signs other than the address and name of the resident;
4. There shall be no advertising which identifies the home occupation by street
address;
5. The home occupation shall be confined completely to 1 room located within the
dwelling. It shall not occupy an area equivalent to more than 10 percent of the
gross area of 1 floor. No portion of any garage, carport, or other accessory struc-
ture shall be used for home occupation purposes. Horticulture activities may be
conducted outdoors but within the rear 1/3 of the lot;
6. Only 1 vehicle no larger than a 3/4 ton truck may be used by the occupant
directly or indirectly in connection with a home occupation;
7. The home occupation shall not encroach into any required parking, setback,
or open space areas;
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8. There shall be no use or storage of material or mechanical equipment not
recognized as being part of a normal household or hobby use;
9. Activities conducted and equipment or material used shall not change the fire
safety or occupancy classifications of the premises. Utility consumption shall not
exceed normal residential usage;
10. No use shall create or cause noise, dust, vibration, odor, gas, fumes,
toxic/hazardous materials, smoke, glare, or electrical interference or other
hazards or nuisances;
11. Only the occupants of the dwelling may be engaged in the home occupation;
12. The home occupation shall not involve the use of commercial vehicles
for delivery of materials to or from the premises;
13. The home occupation shall not generate pedestrian or vehiculartraffic in
excess of that customarily associated with the land use district in which it is lo-
cated;
14. No home occupation shall be initiated until a current business license is
obtained, pursuant to Title 5 of the Municipal Code;
15. A Home Occupation Permit shall not be transferable;
16. There shall be no more than 1 home occupation in any dwelling unit;
17. If the home occupation is to be conducted on rental property, the property
owner's written authorization for the proposed use shall be obtained prior to the
submittal for a Home Occupation Permit; and
18. Any special condition established by the Director and made part of the record
of the Home Occupation Permit, as deemed necessary to carry out the intent of
this Chapter.
19.30.040 PROHIBITED HOME OCCUPATION USES
The following list presents example uses that are not incidental to or compatible with
residential activities, and are prohibited:
1. Barber and beauty shop;
2. Businesses which entail the harboring, training, breeding, raising, or grooming of
dogs, cats, or other animals on the premises;
3. Carpentry and cabinet making;
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4. Medical and dental offices, clinics, and laboratories;
5. Mini storage; and
6. Repair, fix-it, or plumbing shops;
7. Storage of equipment, materials, and other accessories to the construction
and service trades;
8. Vehicle repair (body or mechanical), upholstery, and painting;
9. Welding and machining;
10. Any other use determined by the Director to be not incidental or compatible
with residential activities.
19.30.050 REVOCATION
A Home Occupation Permit may be revoked or modified by the Director if anyone of the
following findings can be made:
1. That the use has become detrimental to the public health, safety, or traffic, or
constitutes a nuisance;
2. That the permit was obtained by misrepresentation or fraud;
3. That the use for which the permit was granted has ceased or was suspended
for 6 or more consecutive calendar months;
4. That the condition of the premises, or the area of which it is a part, has changed
so that the use is no longer justified under the meaning and intent of this Chapter;
5. That 1 or more of the conditions of the Home Occupation Permit have not
been met; and
6. That the use is in violation of any statute, ordinance, law, or regulation.
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TEMPORARY USE PERMITS - 19.32
CHAPTER 19.32
TEMPORARY USE PERMITS
19.32.010 PURPOSE
The Temporary Use Permit allows for short-term activities which may be appropriate
when regulated.
19.32.020 PERMITTED USES
The following temporary uses may be permitted, subject to the issuance of a Temporary
Use Permit:
1. Real estate offices within approved development projects;
2. Outdoor display and sales of merchandise within commercial land use districts,
limited to 2 events per calendar year, not exceeding 4 consecutive days, includ-
ing only merchandise customarily sold on the premises by a permanently estab-
lished business;
3. On- and off-site contractors' construction yards;
4. Trailer, coach or mobile home as a temporary residence of the property owner
when a valid residential building permit is in force. The permit may be granted
for up to 180 days, or upon expiration of the building permit, whichever first oc-
curs;
5. Christmas tree sale lots; however, a permit shall not be required when such sales
are in conjunction with an established commercial business holding a valid busi-
ness license, provided such activity shall be only held from November 1 st
through December 31 st, subject to Chapter 5.04.385 of the Municipal Code;
6. Other seasonal product sales, such as pumpkins, and fireworks, when the
latter is in compliance with Chapter 8.60 of the Municipal Code;
7. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the
Municipal Code;
8. Fairs, festivals and concerts, when not held within premises designed to
accommodate such events, such as auditoriums, stadiums, or other public as-
sembly facilities;
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9. Farmers' markets and swap meets, when the latter is in compliance with
Section 5.04.500 of the Municipal Code;
10. Display and sale of art articles, subject to compliance with Section 5.04.505
of the Municipal Code; and .
11. Similar temporary uses which, in the opinion of the Director are compatible
with the land use district and surrounding land uses, pursuant to Section
19.04.030.
19.32.030 APPLICATION
A Temporary Use Permit may be approved, modified, conditioned, or denied by the
Director. The Director may refer such application to the Commission. Decisions of the
Director may be appealed to the Commission, pursuant to Chapter 19.62 (Hearings and
Appeals).
19.32.040 FINDINGS
The Director may approve, or conditionally approve a Temporary Use Permit applica-
tion, only when all the findings contained in Section 19.42.050 (Conditional Use Per-
mits) are made.
19.32.050 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the Director may impose condi-
tions deemed necessary to ensure that the permit will be in accordance with the find-
ings required by Section 19.42.050. These conditions may involve any pertinent factors
affecting the operation of such temporary event, or use, and may include but are not
limited to:
1 . Provision for a fixed period not to exceed 90 days for a temporary use not
occupying a structure, including promotional activities, or 1 year for all other uses
or structures, or for a shorter period of time as determined by the Director;
2. Provision for temporary parking facilities, including vehicular ingress and
egress;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare
or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt,
odors, gases, and heat;
4. Regulation of temporary structures and facilities, including placement,
height and size, location of equipment and open spaces, including buffer areas
and other yards;
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5. Provision for sanitary and medical facilities;
6. Provision for solid, hazardous and toxic waste collection and disposal;
7. Provision for security and safety measures;
8. Regulation of signs;
9. Regulation of operating hours and days, including limitation of the duration
of the temporary use, as outlined in Condition No.1;
10. Submission of a performance bond or other surety devices, satisfactory to the
City Engineer, to ensure that any temporary facilities or structures used will be
removed from the site within a reasonable time following the event and that the
property will be restored to its former condition;
11. Submission of a site plan indicating any information required by this
Chapter;
12. A requirement that the approval of the requested Temporary Use Permit is
contingent upon compliance with applicable provisions of the Municipal Code;
and
13. Any other conditions which will ensure the operation of the proposed
temporary use in an orderly and efficient manner and in accordance with the in-
tent and purpose of this Chapter.
19.32.060 CONDITION OF SITE FOLLOWING TEMPORARY USE
Each site occupied by a temporary use shall be left free of debris, litter, or any other
evidence of the temporary use upon completion or removal of the use, and shall there-
after be used, pursuant to the provisions of this Code.
19.32.070 REVOCATION
A Temporary Use Permit may be revoked or modified by the Director if anyone of the
following findings can be made:
1. That circumstances have changed so that one or more of the findings of fact
contained in Section 19.32.040 can no longer be made;
2. That the Temporary Use Permit was obtained by misrepresentation or fraud;
3. That 1 or more of the conditions of the Temporary Use Permit have not been
met; and .
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4. That the use is in violation of any statute, ordinance, law, or regulation.
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TEMPORARY USE PERMITS -19.34
CHAPTER 19.34
MINOR MODIFICATIONS
19.34.010 PURPOSE
The modification procedure is intended to provide a method whereby minor changes
may be made to existing, previously approved land use entitlements, without any addi.
tional impact or expansion of use or structure(s).
19.34.020 APPLICATION
The minor modification of a previously approved entitlement requires the approval of
the Director, who may establish additional conditions to further the intent of this Chap-
ter. An application for the minor modification shall be on a form prescribed by the Direc.
tor and shall be filed with the Department, pursuant to Chapter 19.60 (Applications and
Fees). Any modification request which exceeds the prescribed limitations outlined in
this Chapter shall require the refiling of the original application and a subsequent hear-
ing by the appropriate review authority.
19.34.030 APPLICABILITY
The Director may grant a minor adjustment up to a maximum of 10% governing only the
following measurable design/site considerations, which in no case would result in a
reduction from any minimum standard outlined in this Code:
1. On-site parking, loading and landscaping;
2. Placement and/or height of walls, fences and structures; and
3. Reconfiguration of an architectural feature and/or modification of finished
materials that do not alter or compromise the previously approved theme.
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MINOR EXCEPTIONS - 19.36
CHAPTER 19.36
MINOR EXCEPTIONS
19.36.010 PURPOSE
These provisions shall ensure the following:
1. Minor adjustments from the standards contained in this Code shall be
granted only when, because of special circumstances applicable to the property
the strict application of this Code deprives such property of privileges enjoyed by
other property in the vicinity and under identical land use districts.
2. Any Minor Exception granted shall be subject to such conditions as will
ensure that the minor adjustment thereby authorized shall not constitute a grant
of special privilege(s) inconsistent with the limitations upon other properties in
the vicinity and land use district in which such property is situated.
19.36.020 APPLICATION
An application for a Minor Exception shall be filed in a manner consistent with the re-
quirements contained in Chapter 19.60 (Applications and Fees).
19.36.030 APPLICABILITY
The Director may grant a Minor Exception up to a maximum of 10% governing only the
following measureable design/site considerations:
1.
2.
3.
Distance between structures
Lot Dimensions
On-site parking, loading
and landscaping
4.
5.
Setbacks
Structure Heights
Any modification request which exceeds the prescribed limitations outlined in this Sec-
tion shall require the filing of a Variance application, pursuant to Chapter 19.38.
19.36.040 HEARINGS AND NOTICE
Upon receipt in proper form of a Minor Exception application, a public hearing shall be
set and notice of such hearing given in a manner consistent with Chapter 19.62 (Hear-
ings and Appeals).
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19.36.050 FINDINGS
Following a public hearing, the Director shall record the decision in writing and shall
recite therein the findings upon which such decision is based, pursuant to Section
65906 of the Government Code. The Director may approve 'and/or modify an applica-
tion in whole or in part, with or without conditions, Q if all of the following findings are
made:
1. That there are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of this
Code deprives such property of privileges enjoyed by other property in the
vicinity and under identical land use district classification;
2. That granting the Minor Exception is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the
same vicinity and land use district and denied to the property for which the Minor
Exception is sought;
3. That granting the Minor Exception will not be materially detrimental to the
public health, safety, or welfare, or injurious to the property or improvements in
such vicinity and land use district in which the property is located;
4. That granting the Minor Exception does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and land use
district in which such property is located;
5. That granting the Minor Exception does not exceed 10% of the standard(s)
being modified, or allow a use or activity which is not otherwise expressly
authorized by the regulations goveming the subject parcel; and
6. That granting the Minor Exception will not be inconsistent with the General Plan.
19.36.060 PRECEDENTS
The granting of a prior Minor Exception is not admissible evidence forthe granting of a
new Minor Exception.
19.36.070 BURDEN OF PROOF
The burden of proof to establish the evidence in support of the findings, as required by
Section 19.36.050, is the responsibility of the applicant.
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19.36.080 MINOR EXCEPTION EXPIRATION
A Minor Exception shall be exercised within 1 year from the date of approval, or the
Minor Exception shall become null and void.
19.36.090 TIME EXTENSION
The Director may, upon an application being filed 30 days prior to expiration and for
good cause, grant a time eX1ension not to exceed 6 months. Upon granting of an exten-
sion, the Director shall ensure that the Minor Exception complies with all current Code
provisions.
19.36.100 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a Minor
Exception until, and unless, the same shall have become final, pursuant to Section
19.62.120 (Effective Date).
19.36.110 REVOCATION
The Director may hold a public hearing to revoke or modify a Minor Exception granted
pursuant to the provisions of this Chapter. Fifteen days prior to the public hearing,
notice shall be delivered in writing to the applicant and/or owner of the property for
which such Minor Exception was granted. Notice shall be deemed delivered 2 days
after being mailed, first class postage paid, to the owner as shown on the current tax
rolls of the County of San Bemardino, and/or the project applicant.
A Minor Exception may be revoked or modified by the Director if anyone of the follow-
ing findings can be made:
1 . That circumstances have changed so that 1 or more of the findings contained
in Section 19.36.050 can no longer be made, and the grantee has not substantially exercised
the rights granted by the Minor Exception;
2. That the Minor Exception was obtained by misrepresentation or fraud;
3. That the improvement authorized pursuant to the Minor Exception had
ceased or was suspended for 6 or more consecutive calendar months;
4. That 1 or more of the conditions of the Minor Exception have not been met, and the grantee
has not substantially exercised the rights granted by the Minor Exception;
5. That the improvement authorized pursuant to the Minor Exception is in
violation of any statute, ordinance, law, or regulation; and
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6. That the improvement permitted by the Minor Exception is detrimental to the
public health, safety, or welfare or constitutes a nuisance.
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VARIANCES - 19.38
CHAPTER 19.38
VARIANCES
19.38.010 PURPOSE
These provisions shall ensure the following:
1. Variances from the terms of this Code shall be granted only when, because
of special circumstances applicable to the property, including size, shape, topog-
raphy, location or surroundings, the strict application of this Code deprives such
property of privileges enjoyed by other property in the vicinity and under identical
land use districts;
2. Any Variance granted shall be subject to such conditions as will assure that
the adjustment thereby authorized shall not constitute a grant of special
privilege(s) inconsistent with the limitations upon other properties in the vicinity
and land use district in which such property is situated; and
3. The power to grant Variances does not extend to use regulations. Flexibility in
use regulations is provided in the Conditional Use Permit provisions of this Code.
19.38.020 APPLICATION
Application for a Variance shall be filed in a manner consistent with the requirements
contained in Chapter 19.60 (Applications and Fees).
19.38.030 APPLICABILITY
The Commission may grant a Variance from the requirements of this Code governing
only the following matters:
1. Permit the modification of the dimensional standards of the following:
A.
B.
C.
Distance between structures
Lot Area
Lot Coverage
D.
E.
F.
Lot Dimensions
Setbacks
Structure Heights
2. Permit the modification of sign regulations; and
3. Permit the modification of the number and dimensions of parking area or
loading space requirements.
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VARIANCES -19.38
19.38.040 HEARINGS AND NOTICE
Upon receipt in proper form of a Variance application, a public hearing shall be set and
notice of such hearing given in a manner consistent with Chapter 19.62 (Hearings and
Appeals).
19.38.050 FINDINGS
Following a public hearing, the Commission shall record the decision in writing and shall
recite therein the findings upon which such decision is based, pursuant to Section
65906 of the Government Code. The Commission may approve and/or modify an ap-
plication in whole or in part, with or without conditions, Q.D.!:i if .all of the following find-
ings are made:
1. That there are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of this
Code deprives such property of privileges enjoyed by other property in the
vicinity and under identical land use district classification;
2. That granting the Variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the
same vicinity and land use district and denied to the property for which the
Variance is sought;
3. That granting the Variance will not be materially detrimental to the public
health, safety, or welfare, or injurious to the property or improvements in such .
vicinity and land use district in which the property is located;
4. That granting the Variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and land use district in
which such property is located;
5. That granting the Variance does not allow a use or activity which is not
otherwise expressly authorized by the regulations governing the subject parcel;
and
6. That granting the Variance will not be inconsistent with the General Plan.
19.38.060 PRECEDENTS
The granting of a prior Variance is not admissible evidence for the granting of a new
Variance.
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VARIANCES. 19.38
19.38.070 BURDEN OF PROOF
The burden of proof to establish the evidence in support of the findings, as required by
Section 19.38.050, is the responsibility of the applicant.
19.38.080 VARIANCE EXPIRATION
A Variance shall be exercised within 1 year from the date of approval, or the Variance
shall become null and void.
19.38.090 TIME EXTENSION
The Commission may, upon an application being filed 30 days prior to expiration and for
good cause, grant a time extension not to exceed 6 months. Upon granting of an exten-
sion, the Commission shall ensure that the Variance complies with all current Code
provisions.
19.38.100 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a
Variance until, and unless, the same shall have become final, pursuant to Section
19.62.120 (Effective Date).
19.38.110 REVOCATION
The Commission may hold a public hearing to revoke or modify a Variance granted pur-
suant to the provisions of this Chapter. Fifteen days prior to the public hearing, notice
shall be delivered in writing to the applicant and/or owner of the property for which such
Variance was granted. Notice shall be deemed delivered 2 days after being mailed, first
class postage paid, to the owner as shown on the current tax rolls of the County of San
Bernardino, and/orthe project applicant.
A Variance may be revoked or modified by the Commission if anyone of the following
findings can be made:
1. That circumstances have changed so that 1 or more of the findings contained
in Section 19.38.050 can no longer be made, and the grantee has not substantially exercised
the rights granted by the Variance;
2. That the Variance was obtained by misrepresentation or fraud;
3. That the improvement authorized pursuant to the Variance had ceased or was
suspended for 6 or more consecutive calendar months;
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VARIANCES - 19.38
4. That 1 or more of the conditions of the Variance have not been met, and the grantee has not
substantially exercised the rights granted by the Variance;
5. That the improvement authorized pursuant to the Variance is in violation of
any statute, ordinance, law, or regulation; and
6. That the improvement permitted by the Variance is detrimental to the
public health, safety, or welfare or constitutes a nuisance.
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PLANNED DEVELOPMENT PERMITS -19.40
CHAPTER 19.40
PLANNED DEVELOPMENT PERMITS
19.40.010 PURPOSE
The Planned Development Permit procedure is intended to protect the integrity and
character of the residential, commercial and industrial areas of the City, through the ap-
plication of the provisions of this Chapter consistent with the General Plan. At the time
of application submittal a review of the location, design, configuration and impact of the
proposed use shall be conducted by comparing such use to established standards and
design guidelines. This review shall determine whether the permit should be approved
by weighing the public need for and the benefits to be derived from the use against the
impacts it may cause.
19.40.020 APPLICATION
Application for a Planned Development Permit shall be filed in a manner consistent
with the requirements contained in Chapter 19.60 (Applications and Fees).
19.40.030 APPLlCABI LIlY.
A Planned Development Permit shall be required for all applicable uses and structures
permitted by this Code; however, none shall be required for alterations to an existing
single- family home. Specifically, a permit shall be required under the following cir-
cumstances:
1. For a new use or structure;
2. Expansion or conversion of an existing use or structure;
3. Construction or conversion of a structure(s) to allow a mixed-use development(s);
4. For the enlargement or exterior alteration of an existing structure for which a
Planned Development Permit has not been issued, excluding existing single-fami-
ly homes;
5. For any change in use of a structure or parcel of land for which a Planned
Development Permit has not been issued; and
6. For the movement and relocation of any structure, including factory-built
and manufactured housing, to any parcel within the City.
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PLANNED DEVELOPMENT PERMITS - 19.40
19.40.040 PROJECT REVIEW
Each Planned Development Permit application shall be analyzed to ensure that the ap-
plication is consistent with the intent and purpose of this Chapter. To ensure effective im-
plementation of General Plan policies relating to design guidelines, each application for
a Planned Development Permit shall be reviewed by the Development Review Commit-
tee (DRC) prior to approval by the applicable review authority.
19.40.050 HEARINGS AND NOTICE
Upon receipt in proper form of a Planned Development Permit application, a hearing
shall be set and notice of the hearing given in a manner consistent with Chapter 19.62
(Hearings and Appeals).
19.40.060 FINDINGS
Following a hearing, the appropriate review authority as outlined in Table 28.01 shall
record the decision in writing and shall recite therein the findings upon which any such
decision is based. The review authority may approve and/or modify a Planned Develop-
ment Permit in whole or in part, and shall impose specific development conditions.
These conditions shall relate to both on- and off-site improvements that are necessary
to mitigate project-related adverse impacts, and to carry out the purpose and require-
ments of the respective land use district. The review authority may approve a Planned
Development Permit, m if all of the following findings are made:
1. The proposed use is one permitted within the subject land use district and
complies with all of the applicable provisions of this Code, including prescribed
development standards and design guidelines;
2. The subject site is physically suitable for the type and intensity of the land use
being proposed;
3. The proposed use is compatible with existing and future uses within the land
use district and general area;
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use is not detrimental to public health and
safety;
5. There is adequate public access to serve the subject proposal;
6. There are no significant harmful effects upon the environmental quality
and natural resources;
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PLANNED DEVELOPMENT PERMITS. 19.40
7. The negative impacts of the proposed use shall be mitigated;
8. The proposed use is consistent with the General Plan; and
9. The proposed location, size, design, and operating characteristics of the
requested use are not detrimental to the public interest, health, safety, con-
venience, or welfare of the City.
19.40.060 PLANNED DEVELOPMENT PERMIT EXPIRATION
Within 1 year of Planned Development Permit approval, commencement of construction
shall have occurred or the permit shall become null and void.
19.40.070 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a
Planned Development Permit until, and unless, the same shall have become final, pur-
suantto Section 19.62.120 (Effective Date).
19.40.080 MODIFICATION OF PLANNED DEVELOPMENT PERMIT
An approved planned development may be modified, in a manner pursuant to Chapter
19.60 (Applications and Fees). Minor modifications to an approved planned develop-
ment may be approved by the Director, pursuant to Section 19.34 (Minor Modifications).
19.40.090 TIME EXTENSION
The review authority may, upon an application being filed 30 days prior to expiration
and for good cause, grant a time extension not to exceed 6 months. Upon granting the
extension, the review authority shall ensure that the Planned Development Permit com-
plies with all current Code provisions.
19.40.100 REVOCATION
The review authority may hold a hearing to revoke or modify a Planned Development
Permit granted pursuant to the provisions of this Chapter. Fifteen days prior to the hear-
ing, notice shall be delivered in writing to the applicant and/or owner of the property for
which such Planned Development Permit was granted. Notice shall be deemed
delivered 2 days after being mailed, first class postage paid, to the owner as shown on
the current tax rolls of the County of San Bemardino, and/or the project applicant.
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PLANNED DEVELOPMENT PERMITS -19.40
A Planned Development Permit may be revoked or modified by the review authority if
anyone of the following findings can be made:
I. That circumstances have changed so that 1 or more of the findings contained
in Section 19.40.060 can no longer be made;
2. That the Planned Development Permit was obtained by misrepresentation
or fraud;
3. That the use for which the Planned Development Permit was granted had
ceased or was suspended for 6 or more consecutive calendar months;
4. That 1 or more of the conditions of the Planned Development Permit
have not been met;
5. That the use is in violation of any statute, ordinance, law, or regulation; and
6. That the use permitted by the Planned Development Permit is detrimental to
the public health, safety, or welfare or constitutes a nuisance.
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CONDITIONAL USE PERMITS. 19.42
CHAPTER 19.42
CONDITIONAL USE PERMITS
19.42.010 PURPOSE
Conditional uses are unique and their effect on the surrounding environment cannot be
determined in advance of the use being proposed for a particular location. At the time
of application, a review of the location, design, configuration, and potential impact of the
proposed use shall be conducted by comparing the use to established development
standards and design guidelines. This review shall determine whether the proposed
use should be permitted by weighing the public need for and the benefit to be derived
from the use against the impact which it may cause.
19.42.020 APPLICATION
An application for a Conditional Use Permit shall be filed in a manner consistent with
the requirements contained in Chapter 19.60 (Applications and Fees).
19.42.030 PROJECT REVIEW
Each Conditional Use Permit application shall be analyzed to assure that the applica-
tion is consistent with the intent and purpose of this Chapter. To ensure effective im-
plementation of General Plan policies relating to design guidelines, each application for
a Conditional Use Permit shall be reviewed by the Development Review Committee
(DRC) prior to approval by the Commission.
19.42.040 HEARINGS AND NOTICE
Upon receipt in proper form of a Conditional Use Permit application, a hearing shall be
set and notice of the hearing given in a manner consistent with Chapter 19.62 (Hear-
ings and Appeals).
19.42.050 FINDINGS
Following a hearing, the Commission shall record the decision in writing and shall recite
therein the findings upon which such decision is based. The Commission may approve
and/or modify a Conditional Use Permit application in whole or in part, with or without
conditions, ~ if .all of the following findings are made:
1. The proposed use is conditionally permitted within the subject land use di
strict and complies with all of the applicable provisions of this Code;
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CONDITIONAL USE PERMITS. 19.42
2. The proposed use would not impair the integrity and character of the land
use district in which it is to be located;
3. The subject site is physically suitable for the type and intensity of land use
being proposed;
4. The proposed use is compatible with the land uses presently on the
subject property;
5. The proposed use would be compatible with existing and future land uses
within the general area in which the proposed use is to be located;
6. The proposed use is harmonious in scale, mass, coverage, density, and
intensity with all adjacent land uses;
7. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety;
8. There will be adequate provisions for public access to serve the subject
proposal;
9. There will not be a harmful effect upon desirable neighborhood
characteristics;
10. The proposed use is needed at the prescribed location, as demonstrated in the
market/feasibility study, if required;
11 . The proposed use is consistent with the General Plan;
12. There will not be significant harmful effects upon environmental quality
and natural resources;
13. The negative impacts of the proposed use are mitigated; and
14. The proposed location, size, design, and operating characteristics of the
proposed use would not be detrimental to the public interests, health, safety,
convenience, or welfare of the City.
19.42.060 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a Condi-
tional Use Permit until, and unless, the same shall have become final, pursuant to Sec-
tion 19.62.120 (Effective Date).
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CONDITIONAL USE PERMITS. 19.42
19.42.070 CONDITIONAL USE PERMIT EXPIRATION
A Conditional Use Permit shall be exercised within 1 year from the date of approval or
the Conditional Use Permit shall become null and void.
19.42.080 TIME EXTENSION
The Commission may, upon an application being filed 30 days prior to expiration and for
good cause, grant a time extension not to exceed 6 months. Upon granting of an exten-
sion, the Commission shall ensure that the Conditional Use Permit complies with all cur-
rent Code provisions.
19.42.090 REVOCATION
The Commission may hold a hearing to revoke or modify a Conditional Use Permit
granted pursuant to the provisions of this Chapter. Fifteen days prior to the hearing,
notice shall be delivered in writing to the applicant and/or owner of the property for
which such Conditional Use Permit was granted. Notice shall be deemed delivered 2
days after being mailed, first class postage paid, to the owner as shown on the current
tax rolls of the County of San Bernardino, and/or the project applicant.
A Conditional Use Permit may be revoked or modified by the Commission if anyone of
the following findings can be made:
1. That circumstances have changed so that 1 or more of the findings contained
in Section 19.42.050 can no longer be made;
2. That the Conditional Use Permit was obtained by misrepresentation or fraud;
3. That the use for which the Conditional Use Permit was granted had ceased
or was suspended for 6 or more consecutive calendar months;
4. That 1 or more of the conditions of the Conditional Use Permit have not been met;
5. That the use is in violation of any statute, ordinance, law, or regulation; and
6. That the use permitted by the Conditional Use Permit is detrimental to the
public health, safety or welfare or constitutes a nuisance.
19.42.100 CONDITIONAL USE PERMITTO RUN WITH THE LAND
A Conditional Use Permit granted pursuant to the provisions of this Chapter shall con-
tinue to be valid upon a change of ownership of the site, business, service, use or struc-
ture which was the subject of the permit application.
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TENTATIYE PARCEL MAPS -19.44
CHAPTER 19.44
TENTATIVE PARCEL MAPS
(NOTE: This chapter to be provided at a later date)
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TENT A TIVE TRACT MAPS 0 19.46
CHAPTER 19.46
TENTATIVE TRACT MAPS
(NOTE: This chapter to be provided at a later date)
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FINAL MAPS -19.48
CHAPTER 19.48
FINAL MAPS
(NOTE: This chapter to be provided at a later date)
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SPECIFIC PLANS -19.50
CHAPTER 19.50
SPECIFIC PLANS
19.50.01 0 PURPOSE
The purpose of this Chapter is to establish uniform procedures for the adoption and im-
plementation of Specific Plans for the coordination of future development within the
City, consistent with Section 19.10.01 0(2C)(SP Specific Plan District) and pursuant to
Government Code Section 65450 ~~.
19.50.020 CONTENT OF SPECIFIC PLAN
A Specific Plan application shall include a text and a diagram(s) which contain all of the
provisions outlined in Government Code Sections 65451 and 65452, in addition to all
data and related exhibits required by the Department.
19.50.030 HEARINGS AND NOTICE
Upon receipt in proper form of a Specific Plan application, or direction of the Council,
and following Department review, hearings shall be set before the Commission and
Council. Notice of the hearings shall be given pursuant to the requirements of Chapter
19.62 (Hearings and Appeals).
19.50.040 COMMISSION ACTION ON SPECIFIC PLANS
The Commission shall make a written recommendation on the proposed Specific Plan
whether to approve, approve in modified form or disapprove, based upon the findings
contained in Section 19.50.060.
Commission action recommending that the proposed Specific Plan be approved, ap-
proved in modified form, or denied shall be considered by the Council within 45 days fol-
lowing Commission action.
19.50.050 COUNCIL ACTION ON SPECIFIC PLANS
Within 45 days of receipt of the Commission's recommendation, the Council may ap-
prove, approve with modifications, or disapprove the proposed Specific Plan based
upon the findings contained in Section 19.50.060.
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SPECIFIC PLANS -19.50
19.50.060 FINDINGS.
A Specific Plan may be adopted 2n!ll if all of the following findings are made:
1. The proposed plan is consistent with the General Pla'n;
2. The proposed plan would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City;
3. The subject property is physically suitable for the requested land use designa-
tion(s) and the anticipated land use development(s);
4. The proposed plan shall ensure development of desirable character which
will be compatible with existing and proposed development in the surrounding
neighborhood; and
5. The proposed plan will contribute to a balance of land uses so that local
residents may work and shop in the community in which they live.
19.50.070 SPECIFIC PLAN CONSISTENCY
No public works project, tentative map or parcel map, or other land use entitlement may
be approved, adopted or amended within an area covered by a Specific Plan, unless
found consistent with the adopted Specific Plan.
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GENERAL PLAN AMENDMENTS. 19.52
CHAPTER 19.52
GENERAL PLAN AMENDMENTS
19.52.010 PURPOSE
The Council may amend the General Plan of the City of San Bernardino whenever re-
quired by public necessity and general welfare.
19.52.020 HEARINGS AND NOTICE
Upon receipt in proper form of a General Plan Amendment application, or direction of
the Council, and following Department review, hearings shall be set before the Commis-
sion and Council. Notice of the hearings shall be given pursuant to the requirements of
Chapter 19.62 (Hearings and Appeals).
19.52.030 COMMISSION ACTION ON AMENDMENTS
The Commission shall make a written recommendation on the proposed amendment
whether to approve, approve in modified form or disapprove, based upon the findings
contained in Section 19.52.050.
Commission action recommending that the proposed General Plan Amendment be ap-
proved, approved in modified form, or denied shall be considered by the Council within
45 days following Commission action.
19.52.040 COUNCIL ACTION ON AMENDMENTS
Within 45 days of receipt of the Commission's recommendation, the Council may ap-
prove, approve with modifications, or disapprove the proposed amendment based upon
the findings contained in Section 19.52.050.
19.52.050 FINDINGS
An amendment to the General Plan may be adopted 2!l& if all of the following findings
are made:
1. The proposed amendment is internally consistent with the General Plan;
2. The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City;
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GENERAL PLAN AMENDMENTS -19.52
3. The proposed amendment would maintain the appropriate balance of land
uses within the City; and
4. In the case of an amendment to the General Plan Land Use Map, the subject
parcel(s) is physically suitable (including, but not limited to access, provision of
utilities, compatibility with adjoining land uses, and absence of physical con-
straints) for the requested land use designation(s) and the anticipated land use
development(s).
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DEVELOPMENT CODE AMENDMENTS - 19.54
CHAPTER 19.54
DEVELOPMENT CODE AMENDMENTS
19.54.010 PURPOSE
The Council may amend the provisions of this Code for the public health, safety, con-
venience, general welfare and the aesthetic harmony of the City.
19.54.020 HEARINGS AND NOTICE
Upon receipt in proper form of a Development Code Amendment application, or direc-
tion of the Council, and following Department review, hearings shall be set before the
Commission and Council. Notice of the hearings shall be given pursuant to the require-
ments of Chapter 19.62 (Hearings and Appeals).
19.54.030 COMMISSION ACTION ON AMENDMENTS
The Commission shall make a written recommendation on the proposed amendment
whether to approve, approve in modified form or disapprove, based upon the findings
contained in Section 19.54.060.
Commission action recommending that the proposed Code Amendment be approved,
approved in modified form, or denied shall be considered by the Council within 45 days
following Commission action..
19.54.040 COUNCIL ACTION ON AMENDMENTS
Within 45 days of receipt of the Commission's recommendation, the Council may ap-
prove, approve with modifications, or disapprove the proposed amendment based upon
the findings contained in Section 19.54.050.
19.54.050 FINDINGS
An amendment to this Code may be adopted ~ if all of the following findings are
made:
1. The proposed amendment is consistent with the General Plan.
2. The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
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DEVELOPMENT AGREEMENTS -19.56
CHAPTER 19.56
DEVELOPMENT AGREEMENTS
19.56.010 PURPOSE
1. The following provisions are intended to establish procedures and require-
ments for the consideration of development agreements upon application by, or
on behalf of property owners or other persons having a legal or equitable interest
in the property proposed to be subject to the agreement. It is intended that the
provisions of this Chapter shall be fully consistent, and in full compliance, with
the provisions of Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with
Section 65864) of the Califomia Government Code, and shall be so construed.
2. In construing the provisions of any development agreement entered into
pursuant to this Chapter, those provisions shall be read to fully effectuate, and to
be consistent with, the language of this Chapter, Article 2.5 of the California
Government Code, cited above, and the agreement itself. Should any apparent
discrepancies between the meaning of these documents arise, then the docu-
ments shall control in construing the development agreement in the following
order of priority:
A. The plain terms of the development agreement itself;
B. The provisions of this Chapter; and
C. The provisions of Article 2.5 of the California Government Code, cited above.
19.56.020 APPLICATION
1. Any owner of real property or other person having a legal or equitable interest
in the property may request and apply through the Director to enter into a
development agreement provided that:
A. The property proposed to be subject to the agreement shall be not less
than 1 acre in size;
B. The application is made on forms approved, and contains all information
required, by the Director;
C. The status of the applicant as an owner of, or holder of legal or equitable
. interest in, the property is established to the satisfaction of the Director;
and
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D. The application is accompanied by the fee established pursuant to
Chapter 19.60 (Applications and Fees) and all other lawfully required
documents, materials and information.
2. The Director is hereby empowered to receive, review, process and prepare,
together with recommendations, for Commission and Council consideration, as
applicable, all applications for development agreements. The Director may call
upon all other departments of the City for timely assistance in complying with this
Chapter.
3. Processing fees, as established by resolution of the Council, shall be charged
for any application for a development agreement made pursuant to the
provisions of this Chapter, and shall also be so established and charged for peri-
odic reviews conducted pursuant to Section 19.56.070.
19.56.030 PUBLIC HEARINGS
1. The Director, upon finding the application for a development agreement
complete, shall, within 120 days, set the application, together with recommenda-
tions, for public hearing before the Commission pursuant to Chapter 19.62 (Hear-
ings and Appeals). Following conclusion of the public hearing by the Commis-
sion, the Commission shall recommend to the Council that it approve,
conditionally approve, or disapprove the application.
2. Within 45 days of final action by the Commission and receipt of a written
report of such action, the City Clerk shall set the application and written report of
the Commission for public hearing before the Council. Following conclusion of
the public hearing by the Council, the Council shall approve, conditionally ap-
prove or deny the application.
3. Notice of the hearings set forth in Subsections 1 and 2, above shall be given
in the form of a notice of intention to consider adoption of a development agree-
ment as required by Government Code Section 65867.
4. Should the Council approve or conditionally approve the application, it shall,
as a part of its action of approval, direct the City Attomey to prepare a develop-
ment agreement embodying the terms and conditions of the application as ap-
proved or conditionally approved by it, as well as an ordinance authorizing execu-
tion of development agreement by the City Administrator.
5. The ordinance shall set forth findings, and the facts supporting them, that
the development agreement is consistent with the General Plan and any ap-
plicable Specific Plans, this Code, and that it will promote the welfare and public
interest of the City.
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DEVELOPMENT AGREE,EMTS - 19.56
6. The ordinance may be subjected to referendum in the manner provided by law.
19.56.040 CONTENT OF DEVELOPMENT AGREEMENT
1. MANDATORY CONTENTS
A development agreement entered into pursuant to this Chapter must
contain provisions that:
A. Specify the duration of the agreement;
B. Specify the permitted uses of the property;
C. Specify the density or intensity of use;
D. Set forth the maximum height and size of proposed structures;
E. Set forth provisions, if any, for reservation or dedication of land for
public purposes;
F. Provisions.l1Q1 permitting protection from either a future growth control
ordinance or a future increase in development fees;
G. Provisions for a tiered amendment review procedure such as:
1. Director sign-off for small changes;
2. Commission sign-off for large changes; and
3. Major amendments by Council.
H. Provisions for a health and safety exception such as a "compelling
public necessity" (I.e., a new environmental health hazard is discovered).
2. PERMISSIVE CONTENTS
A development agreement entered into pursuant to this Chapter may:
A. Include conditions terms, restrictions, and requirements for subsequent
discretionary actions, provided that such conditions, terms, restrictions,
and requirements for subsequent discretionary actions shall not prevent
development of the land for the uses and to the density or intensity of
development set forth in the agreement;
B. Provide that construction shall be commenced within a specified time
and that the project or any phase thereof be completed within a specified
time;
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C. Include terms and conditions relating to applicant financing of necessary
public improvements and facilities, including, but not limited to, applicant
participation in benefit assessment proceedings; and
D. Include such other terms, conditions and requirements as the Council
may deem necessary and proper, including, but not limited to, a require-
ment for assuring to the satisfaction of the City performance of all
provisions of the agreement in a timely fashion by the applicant/contract-
ing party.
19.56.050 EXECUTION AND RECORDATION
1. The City shall not execute any development agreement until on or after the date
upon which the ordinance approving the agreement and enacted pursuant to
Section 19.56.030 becomes effective.
2. An executed development agreement shall be recorded in the office of the
County Recorder no later than 10 days after it is entered into.
19.56.060 ENVIRONMENTAL REVIEW
The approval or conditional approval of a development agreement pursuant to this
Chapter shall be deemed a discretionary act for purposes of the Califomia Environmen-
tal Quality Act (CEQA).
19.56.070 PERIODIC REVIEW
1. Every development agreement approved and executed pursuant to this Chapter
shall be periodically reviewed during the term of the agreement every year follow-
ing the date of its execution.
2. The purpose of the reviews conducted pursuant to this Section shall be to
determine whether the applicant/contracting party or its successor-in-interest has
complied in good faith with the terms of the development agreement. The bur-
den shall be on the applicant/contracting party or its successor to demonstrate
such compliance to the full satisfaction of, and in a manner as prescribed by the
City.
3. If, as a result of periodic review pursuant to this Section, the Council finds
and determines, on the basis of substantial evidence, that the applicant/contract-
ing party or its successor-in-interest has not complied in good faith with terms or
conditions of the agreement, the Council may order, after hearing, that the agree-
ment be terminated or modified.
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19.56.080 EFFECT OF DEVELOPMENT AGREEMENT
Unless otherwise provided by the development agreement rules, regulations and official
policies governing permitted uses of the land, governing density, and governing design,
improvement and construction standards and specifications; applicable to development
of the property subject to a development agreement, are rules, regulations, and official
policies in force at the time of execution of the agreement. A development agreement
does not prevent the City, in subsequent actions applicable to the property, from apply-
ing new rules, regulations and policies which do not conflict with those rules, regulations
and policies applicable to the property under the development agreement, nor does a
development agreement prevent the City from denying or conditionally approving any
subsequent development project application on the basis of such existing or new rules,
regulations and policies.
19.56.090 APPROVED DEVELOPMENT AGREEMENTS
Pursuant to this Chapter, the Council has approved those certain development agree-
ments described in this Section.
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SURFACE MINING AND LAND RECLAMATION. 19.58
CHAPTER 19.58
SURFACE MINING AND LAND RECLAMATION
19.58.010 PURPOSE
The following provisions are intended to establish procedures implementing the Surface
Mining and Land Reclamation Act of 1975 (Public Resources Code Section 2710 .et
~.), consistent with the following policies:
1. Adverse environmental effects should be prevented or minimized and
mined land shall be reclaimed to a condition adaptable for alternative land use;
2. The production and conservation of minerals are encouraged, recognizing the
importance of recreation, watershed, wildlife, range, forage, and aesthetic enjoy-
ment considerations;
3. Residual hazards to the public health and safety should be eliminated; and
4. Regulation of surface mining and reclamation operations should be appropriate
to the geologic, topographic, climatic, biologic and social conditions of the
specific area being mined.
19.58.020 DEFINITIONS
1. All definitions contained in the Surface Mining and Reclamation Act of 1975
(Public Resources Code Section 2710.et ~.), are incorporated herein by reference.
2. Board. The State Mining and Geology Board, established pursuant to Public
Resources Code Section 660.
3. Exploration or ProspectinQ The search for minerals by geological, geophysical,
geochemical, or other techniques, including, but not limited to, sampling, assay-
ing, drilling, or any surface or underground works needed to determine the type,
extent, or quantity of mineral present.
4. Hazardous Excavation. An unattended pit, shaft, portal or other surface opening
which if not secured by covering, fencing, or having access restricted by gates,
doors, or other reasonable means presents a threat to the physical safety of the
public.
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5. Minerals. Any naturally occurring chemical element or compound or groups
of elements and compounds, formed from inorganic processes and organic sub-
stances, including, but not limited to coal, peat, and bituminous rock, but exclud-
ing geothermal resources, natural gas, and petroleum.
6. Person. Any individual, firm, association, corporation, organization or
partnership, or any city, county, district, or the state or any department or agency
thereof.
7. .El.an. A document(s) delineating the proposed program for mining and reclaiming
operations of all lands to be affected by the proposed activities.
8. State GeoloQist. The individual holding office as provided in the California
Public Resources Code Section 677.
19.58.030 SCOPE
The provisions of this Chapter are not applicable to activities excepted under the
provisions of the Surface Mining and Reclamation Act of 1975.
19.58.040 VESTED RIGHTS
The existence of vested rights, and the application of this Chapter to such rights, shall
be determined pursuant to the Surface Mining and Reclamation Act of 1975.
19.58.050 PLAN AND CONDITIONAL USE PERMIT REQUIRED
Except as provided in the Surface Mining and Reclamation Act of 1975, any person who
proposes to engage in a surface mining activity shall, prior to the commencement of
such operations, as defined in this Chapter, first, file and obtain approval from the Com-
mission and Council of a Plan and Conditional Use Permit pursuant to the requirements
of this Chapter, and Chapter 19.42 (Conditional Use Permits).
19.58.060 PREPARATION OF PLAN
The plan shall be prepared by the applicant and filed with the Department for process-
ing. The submitted plan shall include the following information and documents:
1. The name and address of the operator and the names and addresses of any
persons designated as agent(s) forthe service of process or notices;
2. The anticipated quantity and type of minerals for which the surface mining
operation is to be conducted;
3. The proposed dates forthe initiation and termination of such operation;
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4. The maximum anticipated depth of the surface mining operation;
5. The size and legal description of the lands that will be affected by such operation,
a map that includes the boundaries and topographic details of such lands, a
description of the general geology of the area, a detailed description of the geol-
ogy of the area in which surface mining is to be conducted, the location of all
streams, roads, railroads, and utility facilities within or adjacent to, such lands,
the location of all proposed access roads to be constructed in conducting such
operation, and the names and addresses of all surface and mineral interests of
such lands;
6. A description of and plan for the type of surface mining to be employed and a
time schedule that will provide for the completion of surface mining on each seg-
ment of the mined lands so that reclamation can be initiated at the earliest pos-
sible time on those portions of the mined lands that will not be subject to further
disturbance by the surface mining operation;
7. A description of the proposed use or potential uses of the land after reclamation
and evidence that all owners of interests in the land have been notified of the
proposed use or potential uses;
8. A description of the manner in which reclamation, adequate for the proposed
use or potential uses will be accomplished, including a description of the manner
of control of contaminants and disposal of mining waste and a description of the
manner in which rehabilitation of affected stream bed channels and stream
banks to a condition minimizing erosion and sedimentation will occur;
9. An assessment of the effect of implementation of the plan on future mining
in the area;
10. A statement that the person submitting the plan accepts responsibility for
reclaiming the mined lands pursuant to the plan; and
11. Any other information which the City may require by ordinance, motion or
resolution.
19.58.070 APPLICABILITY
The plan shall be applicable to a specific piece of property or properties and shall be
based upon the character of the surrounding area and such characteristics of the
property as type of overburden, soil stability, topography, geology, climate, stream
characteristics, and principal mineral commodities.
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19.58.080 APPLICATION FEE
An application fee for the purpose of processing the Plan and Conditional Use Permit
shall be paid to the City at the time of filing. The amount of the required application fee
shall be the same as for a Conditional Use Permit pursuant to Chapter 19.60 (Applica-
tions and Fees). The purpose of the fees shall be to defray the costs to the City for
review of the submitted plan.
19.58.090 PUBLIC HEARING
Upon completion of the required environmental studies and the filing of all documents
required by this Code, a public hearing will be scheduled for Commission consideration
and recommendation regarding the Plan and the companion Conditional Use Permit for
the proposed or existing surface mining operation pursuant to Chapter 19.62 (Hearings
and Appeals).
19.58.100 DECISION BY COMMISSION
The Commission shall make its recommendation and findings in writing to the Council
within 45 days after the date of closing the hearing and shall transmit a copy thereof to
the applicant and the Council. If the Commission fails to report within the designated
time, it shall lose jurisdiction and the applicant may appeal to the Council.
19.58.110 REVIEW BY COUNCIL
The Council, after receipt of the Commission's recommendation and findings, may
either approve, modify or reject the application. The decision of the Council shall be
final.
19.58.120 PERIODIC REVIEW
As a condition of approval for the Plan and the companion Conditional Use Permit, a pe-
riodic review schedule shall be established and maintained to evaluate the compliance
with the approved plan.
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APPLICATIONS AND FEES - 19.60
CHAPTER 19.60
APPLICATIONS AND FEES
19.60.010 PURPOSE
These provisions prescribe the procedures and requirements for filing of applications for
permits, amendments, and approvals.
19.60.020 FILING
Application for permits, permit modifications, amendments, and other matters pertaining
to this Code shall be filed with the Department on a City application form, together with
all fees, plans, maps, and any other information required by the Department. The ap-
plication shall be made by the owner(s) or lessee(s) of property, or their agent(s), or per-
son(s) who have contracted to purchase property contingent upon their ability to acquire
the necessary permits under this Code, or the agent(s) of such persons.
19.60.030 FEES
The Council shall, by resolution, establish a schedule of fees for permits, amendments,
and other matters pertaining to this Code. The schedule of fees may be changed or
modified only by resolution of the Council. Until all applicable fees have been paid in
full, review shall not commence on any application. The City is not required to continue
processing any application unless its fees are paid in full. Failure to pay the applicable
fees is grounds for denial of the application.
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HEARINGS AND APPEALS - 19.62
CHAPTER 19.62
HEARINGS AND APPEALS
19.62.010 PURPOSE
These provisions specify procedures for hearings before the Council, Commission,
Development Review Committee and Director and appeals of any requirement, decision
or determination made by the Director, Development Review Committee or the Commis-
sion.
19.62.020 APPLICATION PROCESSIN~
Applications shall be reviewed and processed in a manner consistent with the
provisions of the California Government Code Section 65090.
Not less than 10 days before the date of a hearing, public notice shall be given of such
hearing in the following manner:
1. By 1 publication in a newspaper of general circulation within the City. The
notice shall state the nature of the request, the location of the property (text or
diagram), the date, time, and place of the scheduled hearing, and the hearing
body;
2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners
and tenants of property within a radius of 500 feet of the exterior boundaries of
the property involved in the application, using for this purpose the last known
name and address of such owners as shown upon the current tax assessors
records. Notice is deemed received 2 days after date of postmark. If rental
properties are located within the notification area, the applicant shall provide a
list of tenant's addresses. The list of property owners and tenant addresses shall
be typed upon gummed labels, together with required postage. The list shall be
prepared and certified by the applicant, or a title insurance company, civil en-
gineer or surveyor licensed to practice in California. The notice shall state the na-
ture of the request, location of the property (text or diagram), the date, time, and
place of the scheduled hearing, and the hearing body;
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3. By mailing, 10 days prior to said hearing, postage prepaid, to the owner of
the subject real property or the owner's authorized agent, and to each local
agency expected to provide water, sewage, streets, roads, schools, or other es-
sential facilities or services to the proposed project. The notice shall state the
nature of the request, the location of the property (text or diagram), the date,
time, and place of the scheduled hearing, and the hearing body. Notice is
deemed received 2 days after date of postmark; and
4. In the event that the number of owners and tenants to whom notice would be
sent pursuant to (2.) above is greater than 1000, in lieu of notice pursuant to (2.)
notice may be given at least 10 days prior to the hearing by placing a display ad-
vertisement of at least 1/8 page in the newspaper having the greatest circulation
within the area affected by the proposed action and in at least 1 additional
newspaper having general circulation within the area. The notice shall state the
nature of the request, the location of the property (text or diagram), the date,
time, and place of the scheduled hearing, and the hearing body.
19.62.030 DIRECTOR INVESTIGATION
The Director shall make an investigation of the facts bearing on the case to provide the
information necessary for action consistent with the intent of this Code and the General
Plan; the Director shall report the findings to the Development Review Committee, Com-
mission or Council as appropriate.
19.62.040 HEARING PROCEDURE
Hearings as provided for in this Chapter shall be held at the date, time, and place for
which notice has been given as required in this Chapter. The summary minutes shall
be prepared and made part of the permanent file of the case. Any hearing may be con-
tinued provided that prior to the adjoumment or recess of the hearing, a clear an-
nouncement is made specifying the date, time, and place to which said hearing will be
continued.
19.62.050 NOTICE OF DECISION - DIRECTOR AND DEVELOPMENT
REVIEW COMMITTEE
The Director and/or the Development Review Committee shall announce and record
their respective decisions at the conclusion of each scheduled hearing. The decision
shall set forth applicable findings and any conditions of approval. Following the hearing
a notice of the decision and any conditions of approval shall be mailed to the applicant
at the address shown upon the application.
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19.62.060 NOTICE OF DECISION - COMMISSION
The Commission shall announce and record its decision at the conclusion of the public
hearing. The decision shall set forth the findings of the Commission together with all
required conditions of approval deemed necessary to mitigate any impacts and protect
the health, safety and welfare of the community.
Following the hearing, a notice of the decisiOn of the Commission, and any conditions of
approval shall be mailed to the applicant at the address shown upon the application.
The recommendation with findings of the Commission for the following applications
shall be transmitted to the Council for final action:
1. Specific Plans;
2. General Plan Amendments, text or map;
3. Development Code Amendments;
4. Development Agreements; and
5. Surface Mining and Land Reclamation Plans.
19.62.070 NOTICE OF DECISION - COUNCIL
The Council shall announce and record its decision at the conclusion of the public hear-
ing. The decision shall set forth the findings of the Council and conditions of approval
deemed necessary to mitigate any impacts and protect the health, safety and welfare of
the City.
Following the hearing, a notice of the decision of the Council and any conditions of ap-
proval shall be mailed to the applicant at the address shown upon the application.
The decision of the Council shall be final.
19.62.080 EFFECTIVE DATE
Minor Exceptions, Variances, Planned Development Permits, and Conditional Use Per-
mits, shall become effective 15 days following the final date of action (I.e., approval) by
the appropriate review authority. Specific Plans, General Plan Amendments, Develop-
ment Code Amendments, Development Agreements, and Surface Mining and Land
Reclamation Plans shall become effective 30 days following the final date of action
(I.e., adoption) by the Council. The letter of approval shall constitute the permit, and the
resolution shall constitute the amendment.
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19.62.090 APPEAL OF ACTION
Any determination or action taken by the Director or the Development Review Commit-
tee may only be appealed to the Commission. In a similar manner, any action taken by
the Commission to approve or disapprove an application may be appealed to the Coun-
cil.
19.62.100 FILING OF APPEALS
All appeals shall be submitted to the Department on a City application form, and shall
specifically state the basis of the appeal. An appeal of a Director or Development
Review Committee action shall be filed with the Department within 15 days following the
final date of action for which an appeal is made. An appeal of a Commission decision
shall be filed in the office of the City Clerk within 15 days following the final date of ac-
tion for which an appeal is made. Appeals shall be accompanied by a filing fee as
specified in Chapter 19.60 (Applications and Fees).
19.62.110 NOTICE OF APPEAL HEARINGS
Notice of an appeal hearing shall conform to the manner in which the original notice
was given. The appellant shall be responsible for all noticing materials required in the
original application.
19.62.120 EFFECTIVE DATE OF APPEALED ACTIONS
An action of the Director or Development Review Committee appealed to the Commis-
sion shall not become final until upheld by the Commission. An action of the Commis-
sion appealed to the Council shall not become final unless and until upheld by the Coun-
cil.
19.62.130 REAPPLICATION
When an application for a permit or amendment is denied, no application for the same
or substantially same permit or amendment shall be filed in whole, or in part, for the en-
suing 12 months except as otherwise specified at the time of denial. The Director shall
determine whether the new application is for a permit or amendment which is the same
or substantially the same as a previously denied permit or amendment. No decision of
the Director shall be effective until a period of 15 days has elapsed following the written
notice of decision.
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DESIGN REVIEW. 19.64
CHAPTER 19.64
DESIGN REVIEW
19.64.010 PURPOSE
These provisions shall ensure the following:
1. The establishment of design review procedures for residential, commercial
and industrial development proposals;
2. That proposed development projects comply with all applicable performance
standards and design guidelines;
3. A focus on community design principles which result in creative, imaginative
solutions which establish quality design for the City;
4. The orderly and harmonious appearance of structures along with associated
facilities, such as signs, landscaping, parking areas, etc.;
5. Maintenance of the public health, safety and general welfare and property
throughout the City; and
6. Effective implementation of the General Plan policies which encourage the
preservation and enhancement of the particular character and unique assets of
the City, and its harmonious development.
19.64.020 APPLICATION
The following list of structures shall be subject to design review by the Development
Review Committee (DRC):
1. New structure(s)/development and related site plans subject to a review
authority other than the Director, pursuant to Table 28.01 ;
2. Remodeled structure(s)/development and related site plans, which result in
exterior modifications/enlargements that either exceed 25% of the existing floor
area, or 50% of the total value before remodeling;
3. A project involving a change or intensification of land use (I.e., conversion of a
shoe store to a restaurant, or a residential structure to an office use, etc.);
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4. New or modified signs; and
5. Fences and walls.
19.64.030 APPLICABILITY
The Development Review Committee, acting in their capacity for design review, shall
receive and evaluate all projects subject to design review prior to final action by the ap-
propriate review authority. The Department as part of the overall project review process
shall forward the appropriate materials to the Committee and submit the Committee's
report to the review authority.
19.64.040 COMMITTEE FINDINGS
The Committee shall determine that the project adequately meets adopted City perfor-
mance standards and design guidelines, based upon the following findings:
1. The design of the proposed project would provide a desirable environment
for its occupants and visiting public as well as its neighbors through good aes-
thetic use of materials, textures, and colors that will remain appealing and will
retain a reasonably adequate level of maintenance;
2. The design and layout of the proposed project will not unreasonably interfere
with the use and enjoyment of neighboring existing or future development, and
will not result in vehicular and/or pedestrian hazards; and
3. The architectural design of the proposed project is compatible with the
character of the surrounding neighborhood and will maintain the harmonious, or-
derly and attractive development contemplated by this Code and the General
Plan.
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INTERPRETATION -19.66
CHAPTER 19.66
INTERPRETATION
19.66.010 PURPOSE
These procedures ensure the consistent interpretation and application of the provisions
of this Code.
19.66.020 PROCEDURE
A written appeal of any interpretation of the provisions of this Code may be filed,
together with all required fees, with the Department. The appeal shall specifically state
the Code provision(s) in question, and provide any information to assist in the review of
the appeal. The decision of the Director or the Development Review Committee may
only be appealed to the Commission. The decision of the Commission may be ap-
pealed to the Council.
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ENFORCEMENT OF PROVISIONS. 19.68
CHAPTER 19.68
ENFORCEMENT OF PROVISIONS
19.68.010 PURPOSE
Enforcement of the provisions of this Code and any entitlements granted by the City
shall be diligently pursued in order to provide for their effective administration, to ensure
compliance with any conditions of approval, to promote the City's planning efforts and
for the protection of the public health, safety, and welfare of the City.
19.68.020 RESPONSIBILITY
The Department shall be responsible for enforcing the conditions and standards im-
posed on all permits granted by the City and permitted under this Code. Any structure
or use which is established, operated, erected, moved, altered, enlarged, or maintained,
contrary to the provisions of this Code, is hereby declared to be unlawful and a public
nuisance and shall be subject to the remedies and penalties set forth in Chapter 1.12 of
the Municipal Code, and/or revocation procedures contained in the following chapters of
this Code:
Chapter 19.42 - Conditional Use Permits
Chapter 19.30 - Home Occuoation Permits
Chapter 19.40 . Planned Develooment Permits
Chapter 19.32 . Temporary Use Permits
Chapter 19.38 - Variances
Any permit, certificate, or license issued in conflict with this Code shall be null and void.
19.68.030 REMEDIES
All remedies concerning this Code shall be cumulative and not exclusive. The convic-
tion and punishment of any person hereunder shall not relieve such person from the
responsibility of correcting prohibited conditions or removing prohibited structures,
signs, or improvements, and shall not prevent the enforced correction or removal there-
of.
Any construction in violation of this Code, or any condition(s) imposed on a permit or
license shall be subject to the issuance of a 'Stop Work Order".
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19.68.040 PENALTIES
Any person, partnership, organization, firm or corporation, whether as principal, agent,
employee or otherwise, violating any provision(s) of this Code or any condition imposed
on an entitlement, development permit, map or license, or violating or failing to comply
with any order made hereunder, shall be guilty of an infraction or a misdemeanor and,
upon conviction thereof, shall be punished as set forth in Chapter 1.12.010 of the
Municipal Code, in addition to any other civil or administrative remedies provided by law.
19.68.050 ENFORCEMENT FEES
The City may impose fees on applicants to cover the full costs incurred by the City for
the monitoring and enforcement of the requirements of this Code as well as those condi-
tions and mitigation measures imposed on an approved permit or license.
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