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CITY OF SAN BER.RDINO - REQUEST e>R COUNCIL ACTION
From: Larry E. Reed, Oi rector
Subject: Adoption of Development Code
Dept: Planning and Building Services
Date:
April 18, 1991
Mayor and Common Council Meeting of
April 22, 1991, 1:00 p.m.
Synopsis of Previous Council action:
On March 21, 1991, the Mayor and Common Council closed the public
the Development Code and continued the matter for deliberations.
were held on April 11 and April 17, 1991.
hearing in
Deliberations
Recommended motion: 1.
That the first reading of ordinance (Exhibit 1) adopting the Development Code be
waived and said ordinance be laid over for final passage on May 3rd, 1991, 10:00
a.m.; and, that a finding be made that the adoption of the Development Code is
within the scope of the adopted General Plan, and that the adopted General Plan
Environmental Impact Report adequately describes the adoption of the Development
Code for the purposes of CEQA.
2. That the reading of the urgency ordinance (Exhibit 2) adopting the Development
Code be waived and said ordinance be adopted; and, that a finding be made that
the adoption of the Development Code is within the scope of the adopted General
Plan, and that the adopted General Plan Environmental Impact Report adequately
describes the adoption of the Development Code for the purposes of CEQA.
(Attachment "A" is included in Exhibit I, but not copied again for Exhibit 2
to save paper)
3. That the reading of the resolution (Exhibit 3) adopting the Design Guidelines be
waived and said resolution be adopted; and, that a finding be made that the
adoption of Design Guidelines is within the scope of the adopted General Plan,
and that the adopted General Plan Environmental Impact Report adequately
describes the adoption of Design Guidelines for the purposes of CEQA.
~M
Signature
Contact person: Larry E. Reed
Supporting data attached: Staff Report
Phone:
384-5357
Ward:
City-\vi de
FUNDING REQUIREMENTS:
Amount:
fVA
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
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EXHI BIT 1
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ORDINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING
CHAPTERS 15.32, 15.52, 15.56, 15.72, 17.04, TITLE 18 AND TITLE
19, READOPTING TITLE 19 AS THE DEVELOPMENT CODE, AND AMENDING
SECTIONS 15.20.030 AND 15.20.040 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING LAND USE AND THE SUBDIVISION
REGULATIONS TO IMPLEMENT THE CITY OF SAN BERNARDINO'S GENERAL
PLAN; REORGANIZATION AND UPDATES INCLUDING NEW LAND USE
CLASSIFICATIONS, NEW LAND USE AND OVERLAY DISTRICTS, REVISED
LAND USE APPLICATION PROCEDURES, REVISION OF SIGN REGULATIONS;
REPEALING ALL PREVIOUS LAND USE ZONING DISTRICT MAPS; AND
ADOPTING THE OFFICIAL LAND USE MAP.
The Mayor and Common Council of the City of San
Bernardino do ordain as follows:
SECTION 1.
The Mayor and Common Council find and
declare:
A. The City of San Bernardino General Plan adopted by
resolution by the Mayor and Common Council on June 2, 1989
establishes a new framework of land use policies and a new
official land use plan with revised land use and overlay
district designations for all incorporated property in the City
of San Bernardino.
B. The new policy framework established by the City of
San Bernardino General Plan is not compatible with the land use
regulation system established by Title 19 of the San Bernardino
Municipal Code prior to the adoption of the interim urgency
zoning ordinance.
C. The regulation system needs to be compatible and
properly implement the policies established by the General Plan
so that the citizens of the City of San Bernardino may be
allowed to propose and respond to any land development projects
in an understandable and timely manner, that is both responsive
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to community desires and allows applicants proper due process
in review procedures.
SECTION 2. Chapters 15.32, 15.52, 15.56, 15.72, 17.04,
Title 18 and Title 19, of the San Bernardino Municipal Code,
and any amendments thereto prior to the adoption of this
ordinance, are hereby repealed.
SECTION 3. Title 19 of the San Bernardino Municipal
Code is added to read as shown in Exhibit "A."
SECTION 4. All existing zoning land use district maps
are hereby repealed. The City of San Bernardino Land Use Plan/
Land Use Zoning Districts Map is adopted as part of Title 19.
Said map is on file with the City Clerk and is available from
the Department of Planning and Building Services.
SECTION 5. section 15.20.030 is hereby amended to read:
"15.20.030 certificate of Occupancy Required.
A. Buildings, Structures and Vacant Property. No
vacant, relocated, altered, replaced, or hereafter erected
structure shall be occupied, or no change in use of land or
structure(s) shall be inaugurated, or no new business commenced
until a certificate of occupancy has been issued by the
Department of Planning and Building Services.
B. Valid Certificate. A Certificate of occupancy or
temporary certificate of Occupancy shall not be deemed to be
valid if it has expired, been denied, withheld, revoked, failed
to pass a fire inspection, or a new certificate of Occupancy
was required but had not been obtained.
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C. posting Certificate. The owner of the business
building or structure shall display this certificate in a
conspicuous place. In addition, the owner of a building or
structure shall provide a copy of the certificate to all
lessees, renters and purchasers of the property."
SECTION 6. section 15.20.040 is hereby amended to read:
"15.20.040 Conditions Requiring Application.
A new Certificate of Occupancy shall be required whenever:
1. Construction of the building or structures is completed.
2. A building or structure has been vacant for more than 180
days.
3. A building or structure has had alterations requiring
permits.
4. A building or structure changes its existing zoning or
building occupancy classification, or division within the same
building occupancy classification.
5. Vacant property is being used or occupied."
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ORDINANCE.~EPEALING CHAPTERS
17.04, TITLE 18 AND 19,...AND
ZONING MAP
15.3.
ADOPTING
15.52, 15.56, 15.72,
THE OFFICIAL LAND USE
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a meeting thereof, held on the
day of
, 1991, by the
following vote, to wit:
Council Members
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
NAYES
ABSTAIN
City Clerk
The foregoing ordinance is hereby approved this
day of , 1991.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By/J~/
w. R. Holcomb, Mayor
City of San Bernardino
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BASIC PROVISIONS .19.ll2
ARTICLE I GENERAL PROVISIONS
CHAPTER 19.02
BASIC PROVISIONS
19.02.010 TITLE
This ntle shall be known as the "City of San Bernardino Development Code", hereafter
referred to as the "Development Code".
19.02.020 PURPOSE
The purpose of this Development Code is to promote the public health, safety, general
welfare and preserve and enhance the aesthetic quality of the City by providing regula-
tions to ensure an appropriate mix of land uses in an orderly manner. In furtherance of
this purpose 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
residences and businesses.
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. BASIC PROVISIONS -19m
19.02.030 AUTHORITY AND GENERAL PLAN CONSISTENCY
This Development 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 Planning and Zoning Law (Government Code Section 65000 et seq.), State Sub-
division Map Act (Government Code Section 66410 et seq.), California Environmental
Quality Act (Public Resources Code 21000 et seq.), and other applicable State and local .
requirements. All development within the unincorporated area of the City's Sphere of
Influence, 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.
The subdivision provisions of this Development Code are intended to supplement and
implement the Subdivision Map Act, and serves as the Subdivision Ordinance of the
City. If the provisions of this Development Code conflict with any provision of the Sub-
division Map Act, the provisions of the Subdivision Map Act shall prevail.
This Development Code is designed to treat in one unified text those areas of regulation
more typically dealt with in separate zoning and subdivision ordinances, and related
chapters of the Municipal Code.
No land shall be subdivided and/ or developed for any purpose which is not in confor-
mity with the General Plan, and any applicable specific plan of the City and permitted
by this Development Code, or other applicable provisions of the San Bernardino
Municipal Code.
The type and intensity of land use as shown on the General Plan and any applicable
specific plan shall determine, together with this Development Code, the type of streets,
roads, highways, utilities and public services that shall be provided by the subdivider.
19.02.040 REVIEW AUTHORITIES
The development review process involves the participation of the following:
1. MAYOR AND COMMON COUNCIL
The Council shall have final decision authority for appeals, final maps, Specific Plans,
General Plan amendments, Development Code amendments, improvement and
development agreements, surface minig and land reclamation, and the acceptance by
the City of lands and/or improvements as may be proposed for dedication to the City,
except Deeds of Dedication and parcel maps of four or fewer parcels with no develop-
ment agreements. The Council may also impose conditions of approval.
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. BASIC PROVISIONS -19.112
2. 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
Development Code. The Commission shall prepare, recommend adop-
tion, implement and periodically review and recommend revisions to the
General Plan and this Development Code for the desired physical
development of the City, and any land within its Sphere of Influence.
C. POWERS
.. t- "PlJl -+:t..~,.~,~
-:1t ~ approval for variances, specified Development Permits, Condition-
al Use Permits, Tentative Parcel Maps, Tentative 'Ifact Maps, Reversions to
Acreage, and Vesting 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 entitle-
ments: Specific Plans, General Plan Amendments, Development Code
Amendments, Development Agreements, and Surface Mining and Land
Reclamation Plans. The Commission may also impose conditions of ap-
proval.
3. 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
Development Code, in addition to the day-to-day and long range manage-
ment of the Planning and Building Services Department.
This includes the acceptance and processing of all land use permit applica-
tions (Le. variances, development permits, tract maps, etc.).
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C. POWERS
Final approval authority for and enforcement of: Building Permits, Certifi-
cates of Occupancy, Home Occupation Permits, Temporary Use Permits,
Minor Modifications, Minor Exceptions, residential developments encom-
passing up to 4 units, and Sign Permits, subject to appeal to the Planning
Commission. The Director may impose conditions of approval or make
interpretations of this Development Cod~ which may be appealed to the
Planning Commission. . L~ ~ J-e~~ f..RA'>'f....y
4. DEVELOPMENT REVIEW COMMITIEE (ORC)
A.
MEMBERSHIP
The DRC members shall consist of representatives of the following
departments: Planning and Building Services (designee from the Planning
Division [Chairperson] and a designee from the Building Division), Public
Works, Fire, Police, Water, Parks and Recreation, Public Services, and
Development. The representatives shall be the Director of the Department
or their designee(s). An urban design professional may be retained on a
consultant basis or placed on staff to provide input on design review as ~
quired by Chapter 19.~ Design Review.
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DUTIES
B.
The DRC shall perform the duties and functions provided in this
Development Code.
C. POWERS
Final approval authority for: specified Development Permits, lot line or
boundary adjustments, design review and adoption of Negative Declara-
tions, subject to appeal to the Planning Commission. The DRC may im-
pose conditions of approval.
5. ENVIRONMENTAL REVIEW COMMITIEE (ERC)
A. MEMBERSHIP
The ERC members shall consist of representatives of the following depart-
ments: Planning and Building Services (a designee from the Planning
Division [Chairperson] and a designee from the Building Division), Public
Works, Fire, Police, Water, Parks and Recreation, Public Services and
Development. The representatives shall be the Director of the Depart-
ment or their designee(s).
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BASIC PROVISIONS -19.D2
B. DUTIES
The ERC shall perform the duties and functions provided in the City En-
Yironmental Review Guidelines, the California Environmental Quality
Act (CEQA) and the CEQA State Guidelines, as amended.
C. POWERS
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The ERC shall have authority to make determinations for negative decla-
rations, mitigated negative declarations, or the need for preparing an
Environmental Impact Report for discretionary (nonministerial) applica-
tions. The ERC may recommend mitigation measures or requirements in-
making environmental determinations. Determinations of the ERC shall
be final unless appealed to the Planning Commission. The ERC may
recommend conditions of approval.
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6. CITY ENGINEER .
The City Engineer shall be responsible for the following:
A.
The processing and recommendation to the Council on all matters
pertaining to final tract and final parcel maps.
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B. Determining if proposed subdivision improvements comply with the
provisions of the Municipal Code, the Map Act and improvement standards.
C. Establishing design and construction details, improvement standards
and specifications.
D. The processing and approval, conditional approval, or denial of certifi-
cates of compliance, mergers/unmergers and correction and amendment
of maps.
E. The in!ipection and approval of subdivision improvements.
F. Establishment of security amounts, and other financial provisions.
G. Approval of parcel maps without an agreement.
H. Acceptance of dedications on parcel maps without an agreement.
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BASIC PROVISIONS -19m
19.02.050 DEFINITIONS
Abuttinl (Ad~"""'tl. 'IWo 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.
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Abandoned Activity. 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.
Acl'P'll'l. Safe, adequate, and usable ingress or egress to a property or use.
A..........""~ Buildinl 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
applicable. I.) i
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Adult-'lriented~inesses. See Section 19.1ee.lSS' for specific definition of terms.
Agriculture. The use of land for farming, dairying, pasteurizing and grazing, horticul-
ture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory ac-
tivities, including but not limited to storage, harvesting, feeding or maintenance of
equipment excluding stockyards, slaughtering or commercial food processing.
~rt or Heliport. Any area of land designated and set aside for the landing and
taking off of any aircraft regulated by Federal Aviation Administration.
Al1~. A public or private way, at the rear or side of property, permanently reserved as
an andllary 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.
Ancil~ Use. A use incidental to and customarily associated with a specific principal
use, located on the same lot or parcel.
Animal hOllPital. A place where animals or pets are given medical or surgical treat-
ment 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
AntEmna. A device for transmitting or receiving radio, television, or any other trans-
mitted signal.
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Apartml!!l\t/~lIItff_ily. 'A portion of a structure designed and used for occupancy by
2 or more individual persons or families living independently of each other, including
duplex, triplex, fourplex, and other multi-unit configurations.
~licanl 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 Development Code, or the agent(s) of such persons.
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Attached. Any structure that has an interior wall or roof in common with another struc-
ture.
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Automobile llales Jot. An open area used for the display, sale and/ or rental of new or
used automobiles.
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Automobile ~ce 1tation. An area which provides for the servicing or fueling of
motor vehicles, including tube and tire repairs, battery charging, storage of merchan-
dise 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, eic-
cluding body and fender work, engine overhauling and replacement, transmission :-
work and other similar activities.
Automobile ~king. The wrecking or dismantling of motor vehicles or trailers, or
the storage of, sale of or dumping of dismantled, partly dismantled, or wrecked motor
vehicles or their parts.
Awning. A roof-like cover that is attached to and projects from the wall of a building
for the purpose of shielding from the elements.
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 heigh~t above grade.
Bed and Bre..Jcf....t. A transient lodging establishment primarily engaged in providing
overnight or otherwise temporary lodging for the general public and may provide
meals to the extent otherwise permitted by law.
~. A mound or embankment of earth.
~. A parcel of land surrounded by public streets, highways, freeway.s, railroad
rights-of-way, flood control channels, creeks, washes, rivers or unsubdivided acreage or
any combination thereof.
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. BASIC PROVISIONS -19Jl2
Blnck Fa~. One complete side of a block, usually facing a public street.
Block face
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STREET
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STREET
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Boarding House. A structure where lodging and meals for 7 or more boarders is
provided for compensation.
Building. Any structure having a roof supported by columns or walls.
Building Area. The net portion of the lot remaining after deducting all required set-
backs from the gross area of the lot.
Building Covera~e. The percent of lot area which may be covered by all the footprints
of buildings or structures on a lot.
Building Height. The building height is the vertical distance from the finished grade to
the highest point of the structure, excluding chimneys and vents. Refer to Section
19.:sueSt for specific provisions (e.g., building pad, foundation, etc.).
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Building. Principal. A building in which the principal use is conducted.
Building Site. The ground area of a building together with all open spaces required by
this Development Code.
C;u:port. A permanent roofed structure not completely enclosed to be used for vehicle
parking.
Certificate of Occupanc:y. A permit issued by the Planning and Building Services
Department prior to occupancy of a structure to assure that the structure is ready for oc-
cupancy 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 -19m
~. The Oty of San Bernardino.
Oinic. A place for outpatient medical services to human patients.
CWb. An assodJol:ion of persons (whether or not incorporated) organized for some com- I
mon Ref!. preSt purpose, but not including a group organized primarily to render a ser-
vice customarily carried on as a business.
Clustered Subdivision. A subdivision development in which building lots are sized to ~ ,
conform to the "footprint" of the structureS and sited closer together than conventional .
development, usually in groups or clusters, provided that the total density does not ex-
ceed that permitted under conventional zoning and subdivision regulations. The addi-
tionalland that remains undeveloped is preserved as open space and recreation land.
Private development easements around the structures are permitted for inclusion of
private landscaping, pools, spas, yards, etc.
Combination Residenrp/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 3 square 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 the City 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.
Community 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/Development Permit. A discretionary entitlement which may be
granted under the provisions of this Development 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
portion of a parcel coupled with a separate interest in space in a residential or commer-
cial building on the parcel.
Construction Commencement. The start of construction of substantial site and struc-
tural improvements after a building permit has been issued, subject to determination by
the Director.
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BASIC PROVISIONS .19.l12
Council. The Mayor ICommon Council of the City of San Bernardino.
Coun\)". The County of San Bernardino, hereafter referred to as "County".
Court. An open, ~occupied 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.
Dqy Care Facili\)". Children. A facility which provides non- medical care to children .
under 18 years of age in need of personal services, supervision, or assistance essential ~ '.
for sustaining the activities of daily living or for the protection of the individual on less
than a 24 hour basis. Family day care homes are further divided into the following
categories: Small (up to 6 children) and large (7 + children). Day care facilities include
family day care homes, infant centers, pre-schools, and extended day care facilities.
~. Shall always be consecutive calendar days unless otherwise stated.
Df!n!lity. The number of dwelling units per gross aae, unless otherwise stated, for
residential uses.
D~artment. The San Bernardino City Planning and Building Services Department, ..
hereafter referred to as the "Department". 1
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Desip. 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 righ~f-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.
DevelQpment. 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, drecfging, mining or extraction of any soil or materials; change in the
density 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 reaeational use; change in the intensity of use of water, or of access thereto; con-
struction, reconstruction, demolition, or alteration of the size of any structure including
any facility of any private, public or municipal utility; and the removal qf any major
vegetation. As used in this Development 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 Govern-
ment Code Section 65931, is included with this definition.
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BASIC PROVISIONS .19.ll2
I1Pvplopment Code. A unified text incorporating those areas of regulation more typical-
ly presented in separate zoning and subdivision ordinances and related chapters of the
Municipal Code, hereafter referred to as the "Development Code".
ninonnr. The ~r of the San Bernardino Planning and Building Services Depart-
ment, hereafter referred to as "Director" or designee.
Dormito~. A structure intended principally for sleeping accommodations, and whee
no individual kitchen fadlities are provided, where such structure is related to an educa-"C' '.
tional or public institution or is maintained and operated by a recognized non-profit
welfare organization.
Dwplling. A structure or portion thereof designed for residential occupancy, not includ-
ing hotels or motels.
Dwelling. Mill tiple. A structure containing 2 or more dwelling units or a combination
of 2 or more separate single family dwelling units.
Dwelling 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.
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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. .
EduC"ational 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 (Live). 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."
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BASIC PROVISIONS -19.02
Fmntagl!. The side of a lot abutting a street (the front lot line), except the side of a
comer lot
Frontogtl
STIlEET
FRONTAGE
~~r
.
""\
....................... ~!~~;~~;~~;M~;~@l~~j;j~~~;l;j ....................... ........... . ................... ,\
........................... ............................................. ......................
.......................... ;:m~:~~:~~*i~~:~:;:i*~;:j:~j .......................
::::::~::::::~::::~~::::::::::::::::::::::::::= ............................................. ................................................
::::::::::::::::::~::::::: ~:.:.~:.:.:.:-:.:-:.:.:.:.:.:.:.:.:.:.;.:. ..................................................
:
. : : !>
.
:
.. .. .. " .. .. .J
~
'-.
SIDE STREET
FRONTAGE
. .
Fmnt 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. ;'
,.
Gara~e. An enclosed building, or a portion of an enclosed building used for the park-
ing of vehicles.
General Plan. 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 degree of rise or descent of a sloping surface (see Slope).
~
"Granny" F1~ additional dwelling unit intended for the sole occupancy of one
Jl;hdf or two ~ who are 62 years of age or over, and the floor area of the attached
"granny" flat dwelling unit does not exceed 30 percent of the existing living area of the
primary residence or the floor area of the detached "granny" flat dwelling unit does not
exceed 1,200 square feet on a lot designated as residential, as defined in Government
Code Section 658521.
FINAL DRAfT
1-12
3191
.
. BASIC PROVISIONS -19.1)2
Gross Acrea~. 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 dedicated for such
purposes.
UIIIJIy Easemenl
GROSS ACREAGE
FINAL DRAFT
1-13
~
'.
New SI_'s
Exlsling 51,..,
~
3/91
.
. . BASIC PROVISIONS .19.ll2
Gross Floor Area. The area included within the surrounding exterior finish wall surface
of a building or portion thereof, exclusive of courtyards.
Guest Hn..."., living quarters, having no kitchen facilities, located on the same
premises with . main building and occupied for the sole use of members of the family,
temporary guest, or persons permanently employed on the premises.
Half Sto~. A story under a gable, hip or gambrel roof, plates of which are not more'
than 2 feet above the floor of such story.
~
1'l.~.J.
Home OccQpation. An activity conducted in compliance with Chapter ~ carried out
by an occupant conducted as an accessory use within the primary dwelling unit.
'.
HO!lPital. An institution, designed within an integrated campus setting for the diag-
nosis, care, and treatment of human illness, including surgery and primary treatment.
Hald. Guest rooms or suites occupied on a transient basis, with most rooms gaining ac-
cess from an interior hallway.
4
Infill DevelQpment. Development that occurs on up to.fet!r contiguous vacant lots sca,t- ,
tered within areas that are already largely developed or urbanized. Generally, these ~
sites are vacant because they were once considered of insufficient size for development,
because an existing building located on the site was demolished or because there were
other, more desirable sites for development.
Tunk and Salva~e 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,
including 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.
I.andscaping. An area devoted to or developed and maintained predominantly with na-
tive or exotic plant materials including lawn, groundcover, 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,
loading, or storage areas), and sculptural elements.
Land Use Zoning District. A portion of the City within which certain uses of land and
structures are defined, and regulations are specified.
FINAL DRAFI"
1-14
3/91
.
.
BASIC PROVISIONS -19m
Lat. A parcel, tract or area of land established by plat, subdivision, or as otherwise per-
mitted by 1a\v, to be used, developed or built upon. The classification of lots are:
C~",er.A lot located at the intersection of 2 or more streets at an angle of not
more than 1:3,5 degrees. If the angle is greater than 135 degrees, the lot shall be
considered an "interior lot".
Elii. A lot having access or an easement to a public or private street by a nar- .
1'O\v, private right-of-way.
~
'.
Interior. A lot abutting only 1 street.
~ A lot with a side line that abuts the rear line of any 1 or more adjoining lots.
Rever!lP Comer. A comer lot, the rear of which abuts the side of another lot.
Thmugh. A lot having frontage on 2 generally parallel streets, with only 1
primary access.
t
FRONT lOT UHf
&:
~
II)
r
~
2 I
! .. --l
'"
.. 'I FLA~.LOT
REAR YAR
INTEIIIOIlSlDl
--
REVERSED
CORNER
: LOT
..l..
.
.
KEY LOT
..
INTERIOR LOT
.,
THROUGH LOT .
COMm~lUJf_7 !
~:;~r~~r~~i;!~~~i~i;tj;i;i~~~i;~~;ir:#~~~~~~~~~~'~~;1~iim;
..
CORNER LOT
STREET
I
(
I
FINAL DRAFT
1-15
3191
.
.
BASIC PROVISIONS -19.D2
Lot AMll. The total horizontal area included within the lot lines of a lot.
Lot Avera&:itla. The design of individual adjoining lots within a residential subdivision
in which the average lot area equals the minimum prescribed area for the RL, Low
Residential Land l,1se Zoning 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. Allowable density shall be within the prescribed maximums.
~
'.
1:;~1::TL~~"
: /0.800 : 10.600: /0.800 : /0.500.. LOTS1
J S.F. L S.F. I S.F. I S.F. / /1.200
.. ..../...-'---Z S.F
..~~~~ I
L!F -t
LOT A /0.800S.F.
LOT 8 /0.600 S.F.
LOT C /0.800 S.F.
LOTO lO.5ooS.F.
LOT E /I .200 S.F.
LOT F /0.900 S.F.
.
TOTAL 64~ ';"
64.800S.F. .6 LOTS K /0,800 S.F. AVE.
AVERAGE SIZE I1EQUII1EO: /0.800S.F.
Lot ~th 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 Fmntaae. The portion of the lot contiguous to the street.
Lot Line. Any boundary of a lot. The classifications of lot lines are:
Erlmt. On an interior lot, the line separating the parcel from the street. On a
corner lot, the shorter lot line abutting a street. (If the lot lines on a comer lot are
equal in length, the front lot line shall be determined by the Director.) On a
through lot,the lot line abutting the streefproviding the primary access to the lot.
~~y ~line not abutting a street.
FINAL DRAFT
1.16
3191
.
rlC PROVISIONS -19.ll2
-
Bei1:. 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 irregularly 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 Development 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.
10'
-r-:-r
~
.( lOT "I
I LINE !
: I
I :
L.._..J
FRONT lOT LINE
10'
1=-t
/4
lOT:
.' LINE I
( .
. .
L..-,.J
FRONT lOT LINE
'.
10'+
~R \0Tf
(" LINE
I :
.I- .._..J
FRONT lOT LINE
;"
1"-"--'
:,.MID POINT L-..
LOT DEPTH
8
'IFRONT
ill LOT
,UNE
~..
...
Z
:::l
...
o
...
~i
V"
,- I
I
I
I
I
I
I
[REAR
. LOT UNE
.._.._..~
MID POINT
"''''
'~~
'0
..
..-1
g
i
9
I
~ FRONT smACK UNE
FINALDRAFT
3191
1-17
.
. BASIC PROVISIONS -19.112
Manufactured Home. A factory built or manufactured home including mobile homes,
as permitted by State of California and Federal laws.
MMian. A paved or planted area separating a street or highway into 2 or more lanes of
opposite direction.of travel.
Mixed Use Develqpment. 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.
V'
~
'.
Mobile Home. Same as "Manufactured Home", but subject to the National Manufac-
tured Housing Construction and Safety Act of 1974.
Motel. Guest rooms or suites occupied on a transient basis, with most rooms gaining ac-
cess from an exterior walkway.
Net Site Area. 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.
.
Nonconforming Structure. A structure which conformed to applicable laws when con-
structed but does not conform to the provisions of this Development Code.
Nonconforming_ m~1\L A structure, lot, or use which did not conform to applicable V
laws when constructed or initiated, and does not conform to the provisions of this
Development Code.
Nonconforming Lot. A lot, the area, frontage or dimensions of which do not conform to
the provisions of this Development Code.
Nonconforming Use. A use complying with applicable laws when established but does-
not conform to the provisions of this Development 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.
Park~. 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.
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 ~y trustee, receiver or assignee.
FINAL DRAFT
1-18
3191
.
. . BASIC PROVISIONS -19m
PA'mitted Use. Any use allowed in a land use zoning district and subject to the
provisions applicable to that district.
Plann....! Rerid....tial DevelQpment (PRm) A type of development characterized by com-
prehensive planning for the project as a whole, clustering of structures to preserve
usable open space and other natural features, and a mixture of housing types wihtin the
prescribed densities.
v
Principal Use. The primary or predominant use of any lot, building or structure. '.
Public Park A park, playground, swimming pool, beach, pier, reservoir, golf course or v
athletic fiel:t within the City which is under the control, operation or management of
the City, the County, ot the State.
~
Public RiiJl.t-of-Way. 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.
Ouany. A place where rock, ore, stone and similar materials are excavated, processed
for sale or for off-site use.
Oueue Line. An area for temporary awaiting of motor vehicles while obtaining a ~
vice 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, boats and
boat trailers, and all terrain vehicles.
ReQ'ding. The process by which waste products are reduced to raw materials and
transformed into new products, including automobiles.
Religjous Institutiol}: A structure which is used primarily for religious worship and re- .,,/
lated religious actiVIties.
R~id....tial Ca.... Farility. A family home, group care facility, or similar facility for 24
hour non-medical care of persons in need of personal services, supervision or assistance
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 providiI).g outdoor
recreational 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.
FINAL DRAFT
1-19
3191
.
.
BASIC PROVISIONS -19.02
Rf!!;tauran.lo. A use providing preparation and retail sale of food and beverages, includ- /
ing cafes, roffee shops, sandwich shops, ice cream parlors, fast food take-out (i.e.,
pizza), and similar uses, and may include licensed "on-site" provision of alcoholic
beverage for amsumption on the premises when accessory to such food service.
Restaurant. Drive-- ~ 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.
Roundini of Ouantities. The consideration of distances, unit density, density bonus cal-
culations, or other aspects of development or the physical environment expressed in
numerical quantities which are fractions of whole numbers; the numbers 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 Development Code.
Satpllitp Di!lh Antpnna. An apparatus capable of receiving or transmitting com-
munications from a satellite.
School,. An institution of learning for minors, whether public or private, which offers in- ./
struction 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 defini-
tion includes a nursery school, kindergarten, elementary school, junior high school,
senior high school or any special institution of Education, but it does not include a voca-
tional or professonal institution of higher education, including a community or junior
college, college, or university.
Second Dwellini Unit. An additional dwelling unit which may be rented, and the floor
area of the attached second dwelling unit does not exceed 30 percent of the existing
living area of the primary residence or the floor area of the detached second dwelling
unit does not exceed 1,200 square feet on a lot designated as residential, as defined in
Government Code Section 65852.2.
Senior Con~te Care Housing. A structure(s) providing residence for a group of
senior citizens (60 years of age or more) with central or private kitchen, dining, recrea-
tional, etc. facilities with separate bedrooms and/ or living quarters.
FINAL DRAFI'
1-20
3/91
.
.
.
IlASIC PROVISIONS -19.02
Sf!that"k. The required distance that a building, structure, parking or other designated
item must be located from a lot line.
.....
Building
s.tback
Parking
setback
Landscape
setback
"
". t-, ~
...... -
,
Setback. Front/Rear Average. The average front/rear yard setback of a group of 5 ad:'
jacent dwelling units. The setback on any unit may vary up to 5 feet as long as the
average setback of all 5 units equals the minimum required for the land use zoning dis-
trict.
...
...
...
""
...
'"
/...
rN.Tu~"'1""UN'C ""T""..!"';ir'l
. I : I . :
I I 'H """, I I
: iiitil11li~jj I
....................../..H."",. "'H""':':/:; .......
.
in
....
~ ......
I ~;
~
I
1-.. ..
tl~lti:
....t.....
.
.
.................,..... 30'
:
1*
..
=
..-+-
STREET
UNIT A.....2S.
UNIT B.....M"51
UNIT c.....~ 30 I
UNIT D.....2a'-\1
UNIT E......i'1'.!5/
150'
150'--5 LOTS-3D' AVERAGE
FINAL DRAFr
1-21
3191
.
. BASIC PROVISIONS .19.02
Sidpwl'll1< IParking 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.
~. The degree of deviation of a surface from the horizontal, usually expressed in.
percent or degrees.
40'
30'
20' RISE
10'
~1.
100'
RUN
~I
Slope Percentage = ~ x 100 = %
Run
Slope Ratio = Rw1 = (x) feet run to one foot rise = x:1
Rise
% Grade
Degrees
Ratio
100%
45
1:1
50%
26.6
2:1
40%
21.8
2.5:1
33.3%
18.4
3:1
30%
16.7
3.3:1
25% 20%
14 11.3
4:1 5:1
15%
8.5
6.7:1
12% 10% 8% 6%
6.8 5.7 4.6 3.4
8.3:1 10:1125:1 16.7:1
Small Lot Subdivision. Limited lot size subdivision (5,000 s.f. minimum lot size) for
single family detached dwellings.
Solar Facilities. The- airspace over a parcel that provides access for a solar energy sys-
tem to absorb energy from the sun.
%?ecific 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
boarded for compensation. -
FINAL DRAFl'
1-22
.
~
'.
..
3J91
.
.
BASIC PROVISIONS -19.02
Stahlp. Private. An accessory structure for the keeping of horses or ponies for the use
of occupants of the premises.
Standard IndWltrial Classification (SIC) 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. This system is detailed in the Federal Office of Management and Budget's
Standard Industrial Classification Manual, as amended.
~
'.
Storai'!. A space or place where goods, materials and/or personal property is put for
more than 24 hours.
~. 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. . ~()J5
Sw~ Mee~ Any indoor or outdoor place, location, or activity where new or ~
secondhan personal property is offered for sale or exchanges! to the general public by
a multitude of individual licensed vendors, usually in compartmentalized spaces; and,
where a fee may be charge for the privilege of offering or displaying such merchan-
dise. The term swap meet i interchangeable with and applicable to: flea markets, auc-
tions, open air markets, f rs markets, or other similarly named or labeled activities;
but the term does not includ the usual supermarket or department store retail opera-
tions. +" f05pec:t:.II'l.. ~u1.(;r drMsSi""'Jor -t fee M""1 /'4! <:.t..-rlt
Tempora~ U!l@. 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.
'Iraffic Safety Siiht Area. A space that is set aside on a corner lot in which all visual
obstructions, such as structures and plantings, that inhibit visibility and thus cause a
hazard to traffic and pedestrian safety are prohibited.
Transient Basis. A continuous period of 2 weeks or less.
~. 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.
FINAL DRAFT
1-23
3191
.
. . BASIC PROVISIONS -19.02
Variance. A descretionary entitlement which permits the departure from the strict ap-
plication of the development standards contained in this Development Code.
A!'"f /1.('-'
Wildland~ As. u}'=' of land that is essentially unimproved, in a natural state of hydrol-
ogy, vegeta: 'on and animal life, and not under cultivation.
::u.rd.. 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 Development ~
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.
On comer lots, the shortest street frontage shall be the front yard in residential1and use
districts, while the longest street frontage shall be the front yard in commercial/in-
dustrialland use districts.
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. On flag lots, the rear yard location shall be deter-
mined through project review.
Yard. side of str~ 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 structural 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.
FINAL DRAfT
1-24
3191
.
. . BASIC PROVISIONS -19.02
19.02.060 ESTABLISHMENT OF LAND USE ZONING DISTRICTS
1. ESTABUSHMENT OF ZONING DISTRICTS
San Bernardino shall be divided into land use zoning districts which consistently
implement the General Plan. The following zoning districts are established:
RE (Residential Estate) District
RL (Residential Low) District
RS (Residential Suburban) District
RU-! (Residential Urban) District
RU-2 (Residential Urban) District
RM (Residential Medium) District
RMH (Residential Medium-High) District
RH (Residential Hi Dist . t i
CN I e.. fflstrict
Co-! (Commercial Office) District
CO-2 (Commercial Office-Conversion) District
CG-! (Commercial General) District
CG-2 (Commercial General-Base Line/Mt. Vernon) District
CG-3 (Commercial General-University Village) District
CG-4 (Commercial General- Theme Center[s]) District
CR-I (Commercial Regional-Malls) District
CR-2 (Commercial Regional-Downtown) District
CR-3 (Commercial Regional-Tri-City/Club) District
CR-4 (Commercial Regional-Auto Plaza) District
CH (Commercial Heavy) District
OIP (Office Industrial Park) District
IL (Industrial light) District
IH (Industrial Heavy) District
IE (Industrial Extractive) District
PCR (Public/Commercial Recreation) District
PF (Public Facility) District
PFC (Public Flood Control) District
PP (Public Park) District
SP (Spedfic Plan) District
A (Airport Overlay) District (AD-I, AD-II, AD-ill, AD-IV, AD-V)
CCS (Central City South) District (CCS-l, CC5-2, CC5-3) ~~
Fe (Freeway Corridor Overlay) District
FF (Foothill Fire Zones Overlay) District (Zones A, B, and C)
FP (Flood Plain Overlay) District
HM (Hillside Management Overlay) District
HP (Historic Preservation Overlay) District
MS (Main Street Overlay) District
~
'.
FINAL DRAFT
1-25
3191
.
.
BASIC PROVISIONS -19m
2. ADOPTION OF LAND USE ZONING 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 Zoning District Map", on file with the City Clerk, and available at the
Department. This map shall be consistent with the adopted General Plan Land
Use Map. Amendments shall follow the process outlined in Chapter ~
(General Plan Amendments). !';.~ ~
3. RULES APPLYING TO UNCERTAIN BOUNDARIES ON LAND USE
ZONING DISTRICT MAP
A.
B.
C.
D.
The following shall apply in determining uncertain boundaries of a district as
shown on the Official Land Use Zoning District Map:
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.
Where a district boundary divides a lot or parcel, the location of the '
boundary, unless indicated by dimension, shall be determined by refer-
encing the adopted General Plan Land Use District Map and legal desmp-
tion of the parcel.
r',d+- rF- cJ"':'r.
Where any public ~ is officially vacated or abandoned, the land
use district regulations applied to abutting property shall thereafter ex-
tend to the centerline of such vacated or abandoned right- of-way.
In case any uncertainty exists, the Director shall determine the location
of the district boundary.
4. PRE-ZONING
t<i.~'
The City may pre-zone unin~~rJ/orated property adjoining the City. This process
shall comply with Chapter ~ (General Plan Amendments). The zoning shall
become effective upon annexation.
19.02.070 GENERAL REQUIREMENTS
1. APPLICATION
All land or structures shall be used and constru$:ted in accordance with the
regulations and requirements of this Development Code including obtaining ap-
plicable permits prior to use initiation.
fINAL DRAFT
1-26
3/91
.
.
BASIC PROVISIONS .19.D2
2. CONFLICJ1NG PERMITS AND LICENSES TO BE VOIDED
All permits or licenses shall be issued in conformance with the provisions of this
Deve1C:Jpmept Code. Any permit or license subsequently issued and in conflict
with thJs Development Code shall be null and void.
3. SIMILAR USES PERMITTED
~
'.
When a use is not specifically listed in this Development Code, it shall be under-
stood that the use may be permitted if it is determined by the Director that the
use is similar to other uses listed.
It is further recognized that every conceivable use can not be identified in this
Development Code, and anticipating 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 Development Code and the Standard In-
dustrial Qassification Manual for determining similarity.
In determining "similarity" the Director shall make all of the following findings:
!
A. The proposed use shall meet the intent of, and be consistent with
the goals, objectives and policies of the General Plan;
B. The proposed use shall meet the stated purpose and general intent of the
district in which the use is proposed to be located;
C. The proposed use shall not adversely impact the public health, safety
and general welfare of the City's residents; and
D. 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.
4. MINIMUMREOUIREMENTS
When interpreting and applying the regulations of this Development Code,the
provisions shall be the minimum requirements, unless otherwise stated.
5. CONFLICT WITH OTHER REGULATIONS
Where conflicts occur between the provisions of this Development Code and the
Building~ode1or other regulations of the City, the more restrictive shall apply. .../
~ ~.-I
It is not intended that this Development Code shall interfere with, repeal,
abrogate or annul any easement, covenant, or other agreement in effect at the
time of adoption. Where this Development ~ode imposes a greater restriction
upon the use of structures or land, the provisions of this Development Code
shall apply.
FINAL DRAFT
1-27
3191
.
ac PROVISIONS -19.ll2.
Nothing contained in this Development Code shall be deemed to repeal or
amend any regulation of the City requiring a permit or license or both. Nor
shall anything in this Development Code be deemed to repeal or amend the
Building Code of the City.
6. l.ANGUAGE
In interpreting this Development Code, it is understood that the term "shall" is
mandatory, "should" is not mandatory, and "may" is permissive.
~
'.
7. UAPLF.MPNTATION
All applications which have been accepted as complete, pursuant to Government
Code Section 65943, by the Department prior to the effective date of this Develop-
ment Code, shall be proc::essed in compliance with the reguations and require-
ments in effect at the time the application was accepted as complete. Applica-
tions for extensions of time shall be consistent with this Development Code.
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, except as provided in this Development Code.
19.02.090 SEVERABILITY
If any chapter, section, subsection, sentence, clause, or phrase of this Development Code
is for any reason, held to be invalid or unconstitutional, such decision shall not effect
the validity of the remaining portions of this Development Code. The Council hereby
declares that it would have adopted this Development Code and each chapter, section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any 1 or moredportions of this Development Code might be declared invalid.
3191
FINAL DRAFT
1.28
.
.SIDENTIAL D1STRICfS .19,lM
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, sing1~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 ~
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:
L 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.
FINAL DRAFI"
D.l
3/91
.
eESIDENTIAL DISTRICfS -19,lM
2. The purpose of the individual residential land use districts is as follows:
A. BE (RESIDENTIAL ESTATE) DISTRICT
This-district is intended for low density residential units located on large
lots and conveying an "estate" character with a minimum lot size of 1
gross acre per unit.
~
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,BOO square feet. The RL district allows a maximum density of
3.1 units per gross acre.
C. RS (RESID~L 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 sma11lot subdivisions as
part of a planned residential development where the intent is to con-
solidate lots to achieve maximum open space. The RU-l and RU-2 dis-
tricts require a minimum lot size of 7,200 square feet. However, on exist-
ing lots of record, recorded prior to June 2, 1989, a minimum lot area of
6,200 square feet and existing lot widths and depths are permitted. The
RU district allows a maximum density of 8 units per gross acre, and per-
mits the development of senior citizen and senior congregate care housing
at a maximum density of 12 units per ~ 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.
All multifamily land use districts require a reduced density if the mini-
mum lot size for the district is not met, and shall comply with maximum
densities provided in Table~. .
c</ .63".
FINAL DRAFT
D-2
3191
.
.SIDENllAL DISTRlCfS -19.IM
1. RM (Rellid~t;.al Medium) DiAtrid
This district requires a minimum lot size of 14,400 square feet with
a maximum density of 12 units per gross acre. Parcels less than
14,400 square feet in area shall be developed at RU density.
2. RMH (Residential Medium High) District
~
This district requires a minimum lot size of 20,000 square feet with '.
a maximum density of 21 units per gross acre. Lots 14,400-20,000
square feet shall be development at RM density. Lots less than
14,400 square feet shall be developed at RU density.
3. RH (Residential Htlh) DiAmd
This ciistrict requires a minimum lot size of 20,000 square feet with
a maximum density of 31 units per gross acre. Lots 14,400-20,000
square feet shall be developed at RM density. Lots less than 14,400
square feet shall be developed at RU density.
All multi-family districts listed above permit the development of senior citize1\
and senior congregate care housing at a density up to 50% greater than that al-
lowed in the district with a marketing feasibility study and a conversion plan.
FINAL DRAFT
U-3
3191
.
.SIDEN'IlAL DISTRICTS .19.1l4
19.04.020 PERMITTED, DEVELOPMENT PERMITTED AND
CONDmONALLY PERMITTED USES:
The following list represents those uses in the residential districts which are Permitted
(P), subject to a Development Permit (D), a Conditional Use Permit (C) or Prohibited
(X):
TABLE 04.01
PERMITTED, DEVELOPMENT PERMITTED,
AND CONDmONALLY PERMITTED USES
~
'.
1.
RE RI. RS RU RM RMH RH
Residential Uses
A. Affordable Housing C C C C C C C
(Section 19.04.030!5A])
B. Community Care Facility P P P P P P P
(6 or less)
C. Condominium or Townhouse D D D D D D D I
D. Convalescent Homes X X X C D D D
E. Day Care Facility
6 or less children P P P P P P P
7 + children C C C C D D D
F. Dormitories/Fraternity /
Sorority X X X X C C C
G. "Granny" Housing D D D D D D D
H. Homeless Facilities X X X X C C C
I. Manufactured Housing D D D D lID 110 .0
J. Mobile Home Parks
or Subdivisions D D D D D D D
K. Multi-Family Dwellings X X X D D D D
L. Planned Residential Dev. ax lit< JI))l D 'If Jlx .X
M. Second Dwelling Unit D D '-0 D D D D
N. Senior Citizen/Congregate X X X D D D D
Care Housing
O. Single Family Dwellings D D D D D D D
P. Small Lot Subdivision X X X D X X X
Hqu~trian u~ ~'"f0,~ ---n
A. Stables, Private D D 0 .D.
B. Stables, Commercial C C C C C C C
Agricultural Uses C C C C C C C
2.
3.
FINAL DRAFT
3/91
D-4
. .SIDENTIAL DISTRICtS -19.ll4
RF. RL RS RU RM RMH RH
4. ~atinnal u~
A Oubhouses 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/Spa 0 0 0 0 0 0 0 '.
E. Tennis Court, Private 0 0 0 0 0 0 0
F. 'Ii'ails, Equestrian P P P P P P P
5. Accessol:}' USE!!!
A Antennae, Vertical/
Satellite Dish 0 0 0 0 0 0 0
B. Fences and wallS 0 0 0 0 0 0 0
C. Garage 0 0 0 0 0 0 0
D. Garage Sales P P P P P P P
E. Guest Houses C C C C X X X t
F. Patio/Gazebo 0 0 0 0 0 0 0
G. Storage .
0 0 0 0 o 0 0 ~.
~Of~'
6. Other
AChurches C C C C C C C
B. Private/Public 0 0 0 0 0 0 0
Utility Facilities
C. Private Schools C C C C C C C
D. Other such uses that the Director may find to be
similar with those uses previously listed, pursuant to
Section ~,_~
1'1. oJ .010(3)
7. Hom~ CXntpation~ H HH H H H H
~}~ (Subject to (H) Home Occupation Permit) T T T T
8. Tempnrll~ lJ_ T T T
(Subject to (T) Temporary Use Permit)
FINAL DRAFT
D-S
3191
.
eESIDENTIAL DISTlUCTS -19JM
19.04.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
The standards contained in Table 04.02 (Residential Zoning District Develop-
ment Standards) relating to density, lot area and configuration, building set-
bac1cs, building lot coverage and height, accessory building and structure height,
distance between buildings, and private outdoor living space, apply to all ~
residential districts, and shall be determined to be minimum requirements, un- '.
less stated as maximum by this Development Code.
FINAL DRAFT
U-6
3191
.
.
RESIDENTIAL DISTRICTS -19.04
Standard RE
Maximum
Uni1slGross Aae
LOI Area
(s.f.)
TABLE 04.02
RESIDENTIAL DEVELOPMENT STANDARDS
RL
RS
3.1
4.5
1 aaa 10,800 avo 7,200
9 720 min
LOI Width
(feel) 150
Corner LoI Width 150
Lol Depth
(feel)
Front
Setback
(feel)
Rear Setback
(feel)(<jJ
Side
Setback
minimum
(feel) ) 5
DU SeparationL'i 15
Side Setback
Streel Side
(feel)(4)
BYilding
Lol Coverage
(Maximum %)
35
Distance
Between Bldgs.
(feel)
10
Private
Outdoor
Uving Space
(s.f.) NA
Common Unable
Ouldoor Space(sf) NA
Maximum
Slructul8 HI. in
Stories (feel)
3
(45)
Maximum Average
No. of Attached
Dwelling Units 6
100
35
25av.
20 min.
80
88
60
66
RU-l RU.2 RM RMH
8 8 12 21
12 Sr. 12 Sr. 18&. 31 Sr.
RH ~"I" CG-2 CR.2
31 12W121E 47
47 Sr. 41 s.: 18W/31Es.-. 130 Sr.
7,200 7,200(1) 14,400(2) 20,000(3) 20,000(3) 1 ae.
,,'.
60
66
60
66
60
66
100
25av.
20 min.
10
60
66
100
20av.
15 min.
10
60 ~o 60
66 .. 66
100 "0 100
20 avo IS 10
15 min.
10 10 10
1 ac.- R
20 OOO-MU
60
66
100
-0-
-0.
5
15
1 s""y: 5' plus l'forea.15'ofwalllenglh
2 story: 10' plus l' for ea. 15' of walllanglh
-0-
15
15
15
M
3
(42)
15 10 10
50
50 So 50
-0-
100
20
300 s.f. or 25% of unil size whicheWlr is less
1I-7
40
50
20
100
100
25av.
20 min.
20 avo 20 avo
15 min. 15 min.
100
100
20
20
20
20 ~o 20
(100)~
NA
avo - Average W. West of 1-215 MU . Mixes Use ac. . Aae Sr.. Senior
min. = minimum E . East 011-215 R. Residenlial. s.t. . square feet
(1) For lols of recotd prior to June 2, 19a9 the minimum lot area is 6,200 s.t. and existing 101 widths and depths are pennilled.
(2) The min. 101 size may be less than 14,400 sf, bUlthe max. density is 8 dwelling unils per gross aae, 12 for senior facilities.
(3) The min. 101 size may be less than 2O,opo sf, with the following reslriclions:
14,400 to 19,999 sf 101 size - 12 dwellings 0118 Senior unils
ness lhan 14,40051101 size. 8 dwelling s 0112 Senior unils
(A') See Section (19.XX.XXX) (or ",Iowable 50 fool additional bonus height.
h 1'1.0,".03.,cr)Lf)
l [(4) 5~e $e~h(,.... "'-;1' ,lolL Hjl.;Y {Dr tl.C.C.~S!VfY ~"'vc.tv,..e 'S"e+ba.c~ (\C!4\"~l"eMel\.{S.
. . Iq.o~. ')'(')l'll .. ' . .
(5) b"I'T .",d~,^ 7'5 .{,or;t-. ~{-th_ i?esu'"_-f,.,i S""~<lrb.. (1:5) l.aMI (/!~ i),,+r,c f ';h""
tAe """!Jhr ...11 he I,,,,, fe'/ t. d,~,,{m<:5 u 3~ fpc,.
FINAL DRAFT
5
15
15
15
35
10
NA
NA
2.5
(35)
6
5
15
15
35
10
NA
NA
2.5
(35)
6
25 avo 16 avo
20 min. US min.
do.
10
10
5
15
15
40
20
2.5
(35)
8
30% of net si18 area
2.5
(35)
3 (~)
(42)
8
12
/5) (~)
4 .. 2
(56) ~;).) (30)
12
12 ~ 12
.!H9&- 3/,11
~~'-"Y".~
.
.
RESIDENTIAL DISTRICTS -19.04
SITE DEVELOPMENT STANDARDS
RE (RESIDENTIAL ESTATE) ZONE
MIN. LOT AREA: I ACRE
MAX. LOT COVERAGE: 35%
//
<... <.~'- /
20'~'<"'''''''' >
REAR YARD SmACK ....... ....... EIG'"'' .
""'" ~5' .....".
5'MIN.~""'''''' .'
SIOEYARO............. '.... ,. /' ~
SETIACK ~ .' ~"" .
, ,/ 9P~,.r.
JS' ~ 0'\
MIN. FRONT ,!Ii ~
YARD SmACK
;
SITE DEVELOPMENT STANDARDS
RL (RESIDENTIAL LOW) ZONE
MIN. LOT AlIA: ''''IOO SCIUAIf IUf. AVf....Gf
MAK. LOT COVflAGl: J5S
35'
/,.,.~'-<'
<' '.;'" ....,
"'''':'''''''':''''-:''',''.
~".,~,.:....,.,...
~~'-:-:;:~
2Q'AVDAA -.. '......
".MIN. '(".........
tfAllIUD " . '-
SI7IAClr X
. '-....., .' (,:-.: '_{'::"-::,::::\:i;:,'::-::,, - .
5 ""N.SIDE . ....... ,....,..'.,..;--_-..-".",..'"...,'-./
YARDSETlACIC~' .., ':'. :. :...., ....r ~~.
. .......,. . ';/ G\
"'Y" ..,~. ....", . o';,O~
21'AVERAGl ,. .. ~\"-
2O'M/N. ~""O
_NT YARl) ...
SEllACK
FINAL DRAFT
U-8
'H9& !llfl
.
.
RESIDENTIAL DISTRICTS -19.04
SITE DEVELOPMENT STANDARDS
RS (RESIDENTIAL SUBURBAN) ZONE
MIN. Lor AREA: 1.200 SQUARE FEET
MAX. LOT COVEIlAGE: 35%
/'
~<" ,
", ,.
'>-.. "'
20' AVERAGE ", ...........
15' MIN. .......... '.....
REAR rAID " ...........
SETUoCK 5'M'~"""""'''' .
SIDE YA.RD " .... .,.. ./ ~,\~.
SETBACK ^ "r.~~'
~' ,./ i"~
- ~19P
2S' AVERAtOE, ~ If! ,0
20'MIN.
FRONT YARD SETBACK
SITE DEVELOPMENT STANDARDS
RU-l (RESIDENTIAL URBAN) ZONE
MIN. lOT AftA: 1.2OD SQUAll Fm
MAX. Lor COVllAGE: 40%
/'
<<~, /
,o:~.y.. ".....
111M YJUO "'-.: .........
SmACI' " ...........
5'M'~""''''''
SIDE YARD '. ....
SETBACK
FINAL DRAFT
D-9
-me 3hl
.
.
,,;:-~,
,
RESIDENTIAL DISTRICI'S -19.04
SITE DEVELOPMENT STANDARDS
RU-2 (RESIDENTIAL URBAN) ZONE
MIN. I.OT AREA: 1,200 SQUAIlE FEET'
MAX. LOT COVEtlAGE: "'0'1:0
/"S"
~<I '"
" .-
~::Z~RO x"~.>,' 35' HEIGIjJ'" '''0-,>
S~~W~X""''''' /"/ .... /'
SETBACK ~>,-.:." . . ,/"~~O"'~
a6 'JD' AVERAGE ~ ,,<, ,0'
"'c 111' MIN. g-
FRONT YARD
SETBACK
"FOR Lars OF 'ECORD ,,,OR rOJUNE 2.1919. THE MINIMUM
LOT AIlEA IS 6.200 S.1. AND EXISnNG Lor WIDTHS AND
OEPTHS ARE PERMI17ED.
SITE DEVELOPMENT STANDARDS
RM (RESIDENTIAL MEDIUM) ZONE
MIN. LOT AIEA: '.....00 SQUARE FEET
MAX. Lor COVERAGE: .50%
'lb,
"'",-
.,oJ"
"....
~
., STOIlY: 5' MIN, SIDE YARD SETBACK PLUS "FOR EVEIlY IS' OF WAU LENGIH
2 STOIlY: 10' MIN SIDE YARD SETBACK PLUS "FOR EVERY IS' OF WAU lENGrH
FINAL DRAFT
1I-10
"'ffllI- )/~I
FINAL DRAFT
.
.
'''''-'''','1-'---:''''.
RESIDENTIAL DISTRICTS -19,04
SITE DEVELOPMENT STANDARDS
RMH (RESIDENTIAL MEDIUM HIGH) ZONE
MIN. Lor ....EA: 20,000 SQU....E FEET
AWe, LOT COVfIlA(;E: 5n
/'
A"
~<," ..-
, '"
10' MIN. ~"""''''''''''
f/EAIlYARD ...................
SETlACK ........... '....
'.......x, '" . .... ..... ." ...... ,
.i~::~r&" "....."'................................................................................. >;.;/' \10,\>0.
.. ../ G\
, .... .,./ ~~
20' AVfIlA(;E '''.;'; 0' t'iO
IS'MlN. "':<" "",
'110m rAID D""
muCK
., 5101/'f: S'MIN. !IDE YAIID 5ETIACK T'lUS I' FOR EVEIlY IS' OF WAlL LEN(;TH
25101lY: TO' MIN !IDE YAIID SETBACK T'lU5 I' FOR EVEIlY IS' OF WAIL LEN(;TH
SITE DEVELOPMENT STANDARDS
RH (RESIDENTlAL HIGH) ZONE
MIN. Lor AIfA: 20.. SQUA'E nET
MAX. Lor COVfRAC;E: 50'S
· '5101lY: S'MIN.!lDE YAllD5ETIACK T'lUS I' FOREVEIlY IS'OF WAlL lENGTH
25101/'f: 10' MlN !IDE YARD 5ETIACK T'lU5 I' FOR EVEIlY 'S' OF WAIL LENGTH
0-11
-'H9O- 3/'11
. &SIDENTIAL DISTlUCfS -19.114
2. LAND USE DISTRICT SPECIFIC STANDARDS
If. ~
In addition to the general development requirements contained in Chapter ~
(Property Development Standards), the following standards shall apply to
specific residential districts:
TABLE 04.03
RESIDENTIAL DISTRICTS ~
SPECIFIC STANDARDS ,
Specific Standards RE RL RS RU RM RMH RH CO-1.2 CG-2 CTR-2
A. Accessory + + + + + + + + + +
Structures
B. Day Care Fadlity + + + + + + + + + +
C. Density Bonus/ + + + + + + + + + +
Affordable Housing
or Amenities
D. Front/Rear Yard + + + + +
Averaging
E. Golf Courses & + + + + + + +
Related Fadlities
F. Guest House + + + +
G. Minimum Room Size + + + + + + + + + +
H. Minimum Dwelling + + + + + + + + + +
Size
I. Mobile Home & + + + + + + +
Manufactured
Housing
J. Mobile Home Park + + + + + + +
or Subdivision
K Multiple Family Housing + + + + + +
L. Planned Residential ~ :,; ll( + )I( >IE: ?tl
Development -
M. Recreational + + + + + + +
Vehicle Storage
N. Second Dwelling + + + + + + +
Unit/"Granny"Housing
O. Senior Otizen/ + + + + + + +
Congregate Care Housing
p. Small Lot Subdivision +
Key: "+" applies in the land use district.
FINAL DRAfT
D-ll
3/91
.
&SIDENTIAL DISTlUCfS -19.0&
A. ACCESSORY STRUCTURES
Accessory structures in residential land use districts are subject to r .r
Development review and shall be compatible with the materials and
architecture of the main dwelling of the property. Accessory structures
may ~ be constructed on a lot containing a main dwelling unit. Acces-
sory structures may be built to the side and rear property lines provided
that such structures are not closer than 10 feet to any other structure. .
Building Code requirements may further restrict the distance to be main- ,
tained from property lines or other structures.
B. DAY CARE FACLITY DESIGN STANDARDS
FINAL DRAFT
Day Care Facilities are permitted for 6 or less children, and are subject to
Development Permit or Conditional Use Permit review for 7 or more
children, pu,rsuant to Section ~~ The facilities shall be constructed
inthefollowingmanner: Iq.ocj.lI~o (T~ D*.QI)~ s~ Iq.D,.D~ll(~
~".tlIJ ., T3S)
1. The facility shall conform to all property development stand- .
ards of the land use district in which it is located.
2
Large facilities shall not be located within 300 feet of another
large facility.
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 area. Stationary play
equipment shall not be located in required side and front yards.
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
open fence shall not exceed 48 inches in height, and a solid wall
shall not exceed 36 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 controlled points of entry.
d$
On-site land~ping shall be consistent with that prevailing in the
neighborh~ ~d shall be installed and maintained, pursuant to
Chapter 19.'l,l(Landscaping Standards). Landscaping shall be
provided to reduce noise impacts on surrounding properties.
All ~-Site parking shall comply with the provisions of Chapter
19.xJc (Off-Street Parking). Large facilities shall provide on-site
vehicle turnaround or separate entrance and exit points, and ade-
quate passenger loading sp~ces.
3.
4.
5.
6.
ll-13
3191
.
eSIDENTIAL DISTRICTS .19.ll4
7. All on-site lighting shall be stationary, directed away from adjacent
properties and public rights-of- way, and of an intensity ap-
propriate to the use it is serving.
8.
All on-site signage shall comply with the provisions of Chapter
19.~ <Sign Standards).
(YiJ'
The fadlity shall contain a fire extinguisher and smoke detector
devices and meet all standards established by the City FlI'e Mar-
shall.
~
9.
'.
10. A fadlity within a residential land use district may operate up to 14
hours per day.
11. Outdoor activities may only be conducted between the hours of
8:30 A.M. to 8:00 P.M.
12. Any fadlity shall be state licensed and shall be operated
according to all applicable state and local health and safety regula-
tions.
!
C. DENSITY BONUS
This section contains 2 density bonus provisions. The first entitlement is
based upon the provision of affordable housing pursuant to State Govern-
ment Code Section 65915. The second provision is intended to provide
density bonus incentives for the incorporation of on-site amenities.
L Affnl'dable Houtlinl
State Government Code Section 65915 provides for the granting of
a density bonus or other incentives of equivalent financial value
when a developer of housing agrees to construct at least 1 of the fol-
lowing:
a. Twenty percent of the total units of a housing development
for persons and families of lower income, as defined in Sec-
tion 50079.5 of the Health and Safety Code.
b. Ten percent of the total units of a housing development
for very low income households, as defined in Section 50105
of the Health and Safety Code.
c. Fifty percent of the total dwelling units of a housing
development for qualifying residents, as defined in Section
51.2 of the Civil Code.
FINAL DRAFJ'
U-14
3191
.
aSIDENTIAL DlSTRIcrS -19.ll4
A request for a density bonus and regulatory concessions and! or
incentives shall require Development Permit review and be subject
to the following provisions:
a. For the purpose of this Section, "density bonus" shall
mean a density increase of 25% over the otherwise maxi-
mum allowable residential density under this Development
Code and the General Plan. When determining the numDer ~
of housing units which are to be affordable, the density '.
bonus shall not be included.
b. The procedures for implementing this section are as follows:
1)
The City shall within 90 days of receipt of a written
proposal, notify the developer in writing of the proce-
dures governing these provisions.
2)
The Council may approve the density bonus and
regulatory concessions and! or incentives only if all of
the following findings are make:
-r.
a) The developer has proven that the density .~
bonus and adjustment of standards is neces-
sary to make the project economically feasible;
b) That additional adjustment of standards are
not required in order for the rents for the tar-
geted units to be set, pursuant to Government
Code Section 65915 (C)i and
c) The proposed project is compatible with the
purpose and intent of the General Plan and
this Development Code.
c. The density bonus shall only apply to housing develop-
ments consisting of 5 or more dwelling units.
d. The density bonus provision shall not apply to senior citizen
and senior congregate care housing projects that utilize the
senior citizen housing density provisions of this Develop-
ment Code.
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&IDENTlAL DISTRlCIS -19,lM
e. 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 30 years their continued use and
availability to low and moderate-income households. The
agreement shall extend more than 30 years if required by the ~
Construction or Mortgage Financing Assistance Program, '.
Mortgage Insurance Program, or Rental Subsidy Program.
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:
1) 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;
2) The deeds to the designated units shall contain a
covenant stating that the developer or his/her succes-
sor in interest shall not sell, rent, lease, sublet, assign,
or otherwise transfer any interests for same without
the written approval of the City confirming that the
sales price of the units is consistent with the limits es-
tablished for low- and moderate-income households,
which shall be related to the Consumer Price Index;
3) The City shall have the authority to enter into other
agreements with the developer or purchasers of the
dwelling units, as may be necessary to assure that the
required dwelling units are continuously occupied by
eligible households.
f. "Density bonus units" shall be generally dispersed through-
out a development project and shall not differ in appearance
from other units in the development.
g. The City shall provide, in addition to a density bonus, at
least 1 of the following regulatory concessions and/or incen-
tives to insure that the multi-family residential project will
be developed at a reduced cost:
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SIDENTlAL DISTRICTS -19.D4
rfl.
1) A reduction or modification of elopment Code
requirements which exceed e minimum building
standards approved by the tate Building Standards
Commission as provid art 2.5 (commencing
with Section 18901) of ion 123 of the Health and
Safety Code, including, but not limited to, a reduction
in setback and square footage requirements and in
the ratio of vehicular parking spaces that would . ~
otherwise be required. '.
2) Approval of mixed use development in conjunction
with the multi-family residential project if commer-
cial, office, industrial, or other land uses will reduce
the cost of the development and if the project will be
compatible internally as well as with the existing or
planned development in the area where the proposed
housing project will be located.
2.
3) Other regulatory incentives or concessions proposed
by the developer or the City which result in identifi.-
able cost reductions. ~ .
~ B~ PROviSI6N~ ~ ~)
This provision allows an increase in the maximum permitted den- /
sity of 15% in only the RU, RM, RMH, RH, CD-l12, CG-2, and CR-2
land use zoning districts. Increases of up to 15% may be granted
by thE: CeHlHlissiElR based upon the findingCs) that any proper com-
bination of the following amenities are provided in excess of those
required by the applicable land use district
a. Architectural features that promote upscale multi-family
development;
b. Additional on site or off-site mature landscaping which will
benefit the project;
c. Additional useable open Space;
d. Attached garages;
e. Additional recreational facilities (i.e., clubhouse, play
area, pool/jacuzzi, tennis court, etc.); and
f. Day care facilities.
This amenity bonus provision shall not be used as an addition to
the affordable housing density bonus provision. -
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.
.IDENTIAL DISTRICTS -19.lM
D. FRONTIREAR YARD AVERAGING STANDARDS
Front/rear setbacks required by the base district in Table 04.02 may be
averaged on the interior lots within a single family detached or duplex
subdivision.
The front/rear yard setback of a group of 5 adjacent dwelling units may
vary up to 5 feet from that required. The average setback of all 5 units
shall equal the minimum required for the base district.
E. GOLF COURSES AND RELATED FACILITIES STANDARDS
~
'.
Golf course developments are subject to Conditional Use Permit review
and shall be constructed in the following manner:
1. State-9f-the-art water conservation techniques shall be incorporated
into the design and irrigation of the golf course.
2. 'Ii'eated effluent shall be used for irrigation where available.
3. 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.
4. All accessory facilities, including but not limited to, club houses,
maintenance buildings, and half-way club houses shall be designed
and located to ensure compatibility and harmony with the golf
course setting.
F. GUEST HOUSE DESIGN STANDARDS
Guest houses are subject to Conditional Use Permit review and shall be
constructed in the following manner:
1. All guest houses shall conform to all development standards of
the underlying land use district.
2 There shall be no more than 1 guest house on any lot.
3. The floor area of the guest house shall not exceed 500 square
feet.
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.
.IDENTlAL DISTRICTS -19.0&
4. The guest house shall not exceed the height of the main dwelling.
5. There shall be no kitchen or cooking facilities or wet bar facilities
within a guest house.
6. The guest house shall conform to all of the setback regulations
outlined in the applicable land use district.
~
7.
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.
'.
G. MINIMUM ROOM SIZE STANDARDS
Minimum room size standards are as follows:
Garage
Bedroom (not including closets)
Full bath (Tub or shower, toilet and lavatory)
Half bath (toilet and lavatory)
;~~:~a
400
110
35
25
.r
(140 sq. ft.average)
(SO sq. ft. average)
(30 sq. ft. average)
Room
H. 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, exterior courtyards, patios, or balconies.
1. The minimum area requirements for single-family residential units... a.re..
as follows:
-a Single-Family Dwellings
Minimum Livable
Area in SCVJal'P Feet
1,200 sq. ft.
Minimum Avera~e Livable
Area in SCVJal'P Feet
1,700 sq. ft.
b. Infill Single-Family Dwellings
Minimum Livable
Area in Sqijilre Feet
1,000 sq. ft.
.
Note: The minimum setbacks of applicable land use district shall be applied.
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2.
. eSIDENTlAL DISTRICTS -19.ll4
Th .. . tsf tIn ts/~~Pr
e IIUIUmum area reqwremen or apar en H\ amI Y are
as follows:
livable Area Bedrooms ~
in ~1arP F~t Ma,nmum NumhPr Minimum NumhPr
500 Bachelor 1
600 1 1
800 2 1112 ~
'.
1,000 3 2
1,200 3+ 2
I. MOBILE HOME AND MANUFACI'URED HOUSING
DESIGN STANDARDS
Manufactured or mobile homes are subject to Development Permit review
and shat be installed in the following manner:
1. 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. ~ .
2. Mobile or manufactured homes which are used as single-family
residences shall be installed on an approved permanent foundation
system in compliance with applicable codes.
3. 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 development standards and materials, architec-
tural aesthetics, setbacks, building height, accessory buildings, ac-
cess, off-street parking and minimum square footage requirements,
and any other criteria determined appropriate by the Director.
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.
eSIDENTIAL D1STRICfS -19JM
4. The following Specific Design Standards shall govern the installation
and construction of manufactured and mobile homes.
a. All homes shall have a minimum eave dimension of 1 foot.
b. All siding shall be non-reflective and shall be installed from
the ground up to the roof.
~
c.
All roofs shall have a minimum pitch of 1:4.
'.
d. All homes shall have a minimum width (across the narrowest
portion) of 20 feet.
J. MOBILE HOME PARK OR SUBDMSION DESIGN STANDARDS
Mobile home parks or subdivisions are subject to Development Permit
review and shall be constructed in the following manner:
1. Individual mobile home space minimum setbacks shall be measured
from the edge of internal streets and space lines as follows:
a. Front-10feet
b. Side . 5 feet on each side, or zero lot line on one side
with 10 feet on the opposite side.
c. Rear - 10 feet
d. Structural separation. 10 foot minimum between dwelling
units.
2. Maximum mobile home space coverage (mobile home and its
accessory structure) shall be 75%.
3. 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.
4. All on-site utilities shall be installed underground.
5. The mobile home park shall be provided with parking as required-
by Chapter 1~~(Off-street Parking Standards).
6. 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 shalt be provided in 1 common loca-
tion with a minimum aggregate area of 400 square feet of recrea-
tional space for each mobile home space.
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.SIDENTIAL DISTRICfS -19.lM
7. All exterior boundaries of the mobile home park shall appear similar
to conventional residential developments and shall be screened by
a decorative wall, fence or other comparable device 6 feet in
height, with a minimum 6 foot wide landscaped area provided
along the inside of the perimeter screen.
8.
Common open space shall be landscaped in accordance with a
landscape plan approved by the review authority and in a manner ~
consistent with Chapter 19.~(Landscaping Standards).
All mobile home park or subdivision developments shall provide
recreational amenities within the site which may include: a swim-
ming pool; spa; clubhouse; tot lot with play equipment; picnic shel-
ter . barbecue area; court game facilities such as tennis, basketball,
or racquetball; improved softball or baseball fields; or, day care
facilities. The type of amenities shall be approved by the Director
and provided according to the following schedule:
'.
9.
Units Amenities
0-9 0
10-SO 1
51-100 2
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
K. MULTI-FAMILY HOUSING STANDARDS
Multi-family housing is permitted in the RU-1, RU-2, RM, RMH, RH, CG-
2, and CR-2 land use districts subject to Development Permit Review and
shall be constructed in the following manner:
1. All multi-family developments with 12 or more dwelling units shall
provide 30% useable open space for passive and active recreational
uses. Useable open space areas shall no~' clude: right-of-ways;
vehicle parking areas; areas adjacent to tween any structures
less than 15 feet apart; setbacks; patio or 'vate yards; or, slope
areas greater than 8%. cr
2. Each dwelling unit shall have a private (walled) patio or balcony
not less than 300 square feet in area or 25% of the dwelling unit
size, whichever is less.
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.
.IDENTIAL DISTRICI'S -19.ll4
3. All multi-family developments shall provide recreational amenities
within the site which may include: a swimming pool; spa; clu~
house; tot lot with play equipment; picnic shelter - barbecue area;
court game facilities such as tennis, basketball, or racquetball; im-
- proved softball or baseball fields; or, day care facilities. The type of
amenities shall be approved by the Director and provided accord-
ing to the following schedule:
~
Units Amfm.iti~ '.
O,fnl 0
I).. -I6-SO 1
51-100 2
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
4. Off-street parking spaces for multi-family residential developments
shall be located within ISO feet from the dwelling unit (front or rear
door) for which the parking space is provided.
i
5. Each dwelling unit shall be provided a minimum of ISO cubic feet
of private enclosed storage space within the garage, carport, or im-
mediately adjacent to the dwelling unit.
6. Driveway approaches within multiple family developments of 12 or
more units shall be delineated with interlocking pavers, rough-tex-
tured concrete, or stamped concrete and landscaped medians.
7. All parts of all structures shall be within ISO feet of paved access for
single story and SO feet for multi-story.
8. Common laundry facilities of sufficient number and accessibility
consistent with the number of living units and the Uniform Build-
ing Code shall be provided.
9. Each dwelling unit shall be plumbed and wired for a washing
machine and dryer.
10. Management and security plans shall be submitted for review and
approval for multi-family developments with 12 or more dwelling
units. These plans shall be comprehensive in scope.
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.
esIDENTIAL DISTJUCfS -19.lM
L.
PLANNED R~mEN1U.L DEVELOPMENT/SMALL LOT SUBDMSIONS
uJ. s-.-ll ioI SJI.M...;... U~ L-/
Planned J":idential Develo~ent (PRD),lhcluding Custered Sub-
dIvisionsis; permitted in JlUIesidential~ use disbicts subject to
Development Permit review. 5i.t.dl. Lul3ubdtvhs:ons ItfC enl}' pe._':ll~d
~, Ii... RU 1 me. RU 1 L:itdt:utbd Land tJlie 5b.h:..1l. ....l:.jL(ll6 D",.&'~
Ml!II.t P~.uit ....iM.! Attached and detached single-family dwelling units
are permitted. The purpose of allowing these types of developments is'to
promote residential amenities beyond those expected in conventional ~ '.
residential developments, to achieve greater flexibility in design, to en-
courage well planned neighborhoods through creative and imaginative
planning as a unit, to provide for appropriate use of land which is suffi-
ciently unique in its physical characteristics or other circumstances to war-
rant special methods of development, to reduce development problems in
hillside areas and to preserve areas of natural scenic beauty through the
encouragem~t of integrated planning and design.
L Density
The underlying residential land use disbict or the Hillside Manase-_
ment Overlay Disbict shall determine the maximum number of'
dwelling units allowed in a PRO or Small Lot Subdivision. Where
a parcel or parcels have more than one land use district. the maxi-
mum number of dwelling units shall be determined by adding
together the allowable density for each land use disbict area. Den-
sity transfer throughout the PRD project area is permitted for the
promotion of clustering units in those areas suited to development,
and thus preserving the open space and natural features of the site.
(See Hillside Management Overlay Disbict for resbictions to on-
site density transfer.)
2. Minimum Lot Sbe
_ The minimum lot size for a. cietaCbed single-family unit in a Small
Lot Subdivision shall be 5,000 square feet. PRD's may create lot
sizes to accommodate the creation of attached single-family dwell-
ing units or Custered Subdivisions.
3. Site Cov~p!
Structures shall not occupy more than 40% of the gross site area.
4. StructtJM HetaJttJNumber of Attached Dwellini Units
Detached single-family structures shall not exceed 2-1/2 stories, or
35 feet. Attached single-family structures shall not exceed 3 stories
or 42 feet. The maximum aver.age number of single-family units at-
tached in any manner to form a single structure shall be 6.
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.
eSIDENTIAL DISTRICTS -19.ll4
s. S~tbat'1c.
The minimum front, rear, and side structural setback from the
f>10ject perimeter boundary shall be 15 feet. The minimum dwell-
_ ing unit side structural setback from other dwelling unit structures
is 15 feet plus 1 foot for each 15 feet of structure length. In small lot
subdivisions the minimum side setback is 5 feet with a 15 foot mini-
mum dwelling unit separation.
~
6. Open Space
'.
All Planned Residential Developments with 12 or more dwelling
units shall provide 30% useable open space for passive and active
recreational uses. Useable open space areas shall not include:
right-of-ways; vehicle parking areas; areas adjacent to or between
any structures less than 15 feet apart; setbacks; patios and private
yards;. or, slope areas greater than 8 percent Slopes greater than 8
percent map be approved in the Hillside Management Overlay Dis-
trict by the Director as useable open space.
1.
Am@niti@A
,1,
:
All Planned Residential Developments shall provide recreational:
amenities within the site which may include: a swimming pool;
spa; clubhouse; tot lot with play equipment; picnic shelter - bar-
becue area; court game facilities such as tennis, basketball, or rac-
quetball; improved softball or baseball fields; or, day care facilities.
The type of amenities shall be approved by the Director and
provided according to the following schedule:
Units Amenities
fYI/I 0
( J..16=-5O Rl
51-100
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
8. Private Streets
Private streets shall be permitted when there is a home owner's as-
sociation established to maintain them. The streets shall be built to
standards and specifications for pu.blic works construction.
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.SIDENTIAL DISTRICfS -19.04
FINAL DKAFr
9. Maint~naft~ and Cnmptftfon of qp.n Spa~~~ Am~nitfH.
Laftd......p~ . and Manufadured Slqpes
No lot or dwelling unit in the development shall be sold unless a
corporation, home owner's association, assessment district or other
approved appropriate entity has been legally formed with the right
to assess all those properties which are jointly owned or benefitted
to operate and maintain all of the mutually available features of the
development including, but not limited to, open space, amenities, ..,.. "-
landscaping or slope maintenance landscaping (which may be on
private lots adjacent to street rights-of-way). Conditions,
Covenants, and Restrictions (CC&R's) may be developed and
recorded for the development subject to the review and approval of
the City Attorney. The recorded CC&R'~l~:~permit the enforce- ./
ment by the City, if required. No lot or . g unit shall be sold v
unless all approved and required open space, amenities, landscap-
ing, or other improvements, or approved phase thereof, have been
completed or completion is assured by a financing guarantee
method approved by the City Engineer.
10. Fire Deparbn~nt Standard
!
"
All par~ structures shall be within 150 feet of paved ac:c:esi
for sin~ry and 50 feet for multi-story.
lL Residennal Specifi~ Standarclll
In addition to the PRO development requirements, the following
specific standards contained within this chapter shall apply:
a. Day care facilities
b. Golf courses and related facilities
c. Guest house
d. Lighting
e. Minimum room size
f. Minimum dwelling size
g. Mobile home and manufactured housing
h. Mobile home park or subdivision
i. Private tennis court
j. Recreational vehicle storage
D-26
3191
.
esIDENnAL DISTRICtS -19.IM
M. RECREATIONAL VEHICLE STORAGE FAOLmES
Developments within the multi-family land use districts and with 12 or
mare dwelling units, shall provide recreational vehicle storage facilities.
The storage facilities shall be reviewed as part of the Development Permit
and shall be constructed in the following manner:
1.
Centralized storage areas shall be provided for recreational .
vehicles, boats, etc., at. a minimum of 1 space for each 8 dwelling
units. Any fractional space requirement shall be construed as re-
quiring 1 full storage space pursuant to Chapter 19.~ (Off-Street
Parking Standards). Jo+
~
'.
2. 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.
3. Storage areas shall be paved and drained.
4. 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, subject to the ap-
proval of the Director.
N. SECOND DWELUNG UNITf'GRANNY" HOUSING DESIGN STANDARDS
Second dwelling units require a Development Permit and shall be con-
structed in the following manner:
1. No more than 1 second dwelling unit shall be permitted on
any parcel or lot.
2. A second dwelling unit may only be permitted on a residential
lot on which there is already built 1 owner occupied single-family
detached dwelling unit (main unit).
3. A second dwelling unit may not be permitted on residential lots
already having 2 or more dwelling units.
4. 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.
5. Any increase in the floor area of an attached second unit shall not
exceed 30% of the existing living area of the main dwelling.
6. The total area of floor space f9r a detached second unit shall not
exceed 1200 square feet.
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.SIDEN'IlAL DISTRICfS -19JM
7.
The second dwelling unit shall be architecturally compatible with
the main dwelling.
~ M
The --i.d dWellin~unit shall be provided with parking in
addi~~T~d the sam as that required for the main dwelling, pur-
suant to Chapter 19. (Off-Street Parking Standards). No variance
or minor exception may be filed for allowing parking within the re-
quired front or side yard setbacks. . ~
8.
'.
9. The second dwelling unit may be metered separately from
the main dwelling for gas, electricity, and water/sewer services.
10. Prior to 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
dwe~g may continue only as long as one unit on the property is
owner-occupied.
11. The applicant for the Development Permit shall be the owner of
the subject property. t
12. nu. """'" ohall not 4:y _Un. _ """""......i.
unit. An application for a . t may be made pursuant to the .'
provisions of Chapter 19,}i( (Development Permits) to convert an n-
legal second unit to a conforming legal second unit, and the stand-
ards and requirements for said conversion shall be the same as for
newly proposed second dwelling units.
13. The following ~ldings shall be made (in addition to those outlined
in Chapter 19~'[Development Permits)) in order to approve a per-
mit for a second dwelling unit
a. The second dwelling unit is compatible with the design
of the main dwelling unit and the surrounding neighbor-
hood in terms of landscaping, scale, height, length, width,
bulk, lot coverage, and exterior treabnent, 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.
b. The second dwelling unit shall not cause a high concentra-
tion of such units sufficient to change the character of the
surrounding residential neighborhood.
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.
.IDEN'IlAL DISTlUCfS -19M
O. SENIOR OTIZEN/CONGREGATE CARE HOUSING DESIGN STANDARDS
Senior group housing developments are subject to Development Permit
review and shall be constructed in the following manner:
1.
A bus turnout and shelter on the on-site arterial frontage shall be
dedicated if the project is located on a bus route as determined by
the Director.
~
'.
2. Dial-a-ride transportation shuttles shall be provided; number
to be determined during project review.
3. The parcel upon which the senior group housing facility is to
be established shall conform to all standards of the underlying land
use district.
4. The senior group housing shall conform with all local, state, and
federal requirements.
5. The number of dwelling units shall be based on Table 4.02 (Residential
Development Standards). ~.
"
6. The minimum floor area for each residential unit shall be as
follows:
Studio:
410 square feet
One-bedroom: a 510 square feet if lcitchen-dining
living areas are combined.
570 square feet if lcitchen-dining ?
living areas are separate.
1Wo-bedroom: - . .610 square feet if lcitchen-dining
-living areas are combined. ... ~
670 square feet if lcitchen-dining ~
living areas are separate.
-
7. The main pedestrian entrance to the development, common areas,
and the parking facility shall be provided with handicapped access
pursuant to Section 19.*'tZlIIOO
.J1/'. O~
8. Indoor common areas and living units shall be handicap adaptable
and be provided with all necessarY safety equipment (e.g., safety
bars, etc.), as well as emergency signal/intercom systems as deter-
mined by the Director.
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.
&mENTIAL DISTRICI'S -19.0&
9.
10.
11.
12.
13.
Adequate internal and external lighting including walkways shall
be provided for security purposes. The lighting shall be energy effi-
cient, stationary, deflected away from adjacent properties and
public rights-of-way, and of an intensity compatible with the
- residential neighborhood.
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 100 square feet for each living unit. '-
Common laundry fadUties of sufficient number and accessibility,
consistent with the number of living units and the Uniform Build-
ing Code shall be provided. j(eyed access for tenants only.
/lc.. -h1c.', (.+ie'5 vs-L..Jl /..,:we. K
Each residential unit shall be plumbed and wired for a washing
machine and dryer.
The development may provide one or more of the following
specific internal common fadUties for the exclusive use of the resi-
dents: !
~
a. Central cooking and dining room(s). '"
b. Beauty and barber shop.
e. Small scale drug store not exceeding 1,000 square feet.
14. Off-street parking shall be provided in the following manner:
a. One covered parking space for each dwelling unit for the
exclusive use of the senior citizen residents plus one space
for every 5 units for guest parking.
b. Three parking spaces for every 4 dwelling units for employee
andguestusr~" ar-~ CArtl.. re."S..k......e$_
e. All off-street parking shall be located within ISO feet of the
front door of the main entrance.
d. Adequate and suitably striped paved areas for shuttle
parking. Shaded waiting areas shall be provided adjacent to
the shuttle stops.
e. Design standards relating t9 handicapped parking, access,
surfacing, striping, lighting, landscaping, shading, dimen-
sional requirements, etc. shall be consistent with the stand-
ards outlined in Chapter 19~ (Off-Street Parking Stan-
dards). . d't
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. &mENTIAL DISTRlCfS -19M
f. Senior citizen/ congregate care parking requirements may be
adjusted on an individual project basis, subject to a parking
study based on project location and proximity to services for
senior citizens including, but not limited to medical offices,
shopping areas, mass transit, etc.
15.
The project shall be designed to provide maximum security for
residents, guests, and employees.
~
"
16. 'Irash receptade(s) shall be provided on the premises. 'Irash
receptacle(s) shall comply with adopted Public Works Department
Standards and be of sufficient size to accommodate the trash
generated. The receptade(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 dosed except
when in use. The wall and gate shall be architecturally compatible
with the surrounding buildings and structures. The receptacle(s)
shall be located within dose proximity to the residential units
which they are intended to serve. i!
17. 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.
18. Developers of Senior Otizen/Congregate Care housing which have
a density larger than that allowed in the underlying land use district,
shall provide a marketing analysis which analyzes long term feasibility
and a conversion plan of Senior residential units to standard units, with
a corresponding reduction in the number of units to equal the density
allowed in the underlying land use district if the project is not occupied
by Seniors 60 years of age or older. The feasibility study and conversion
plan shall not be required if the project is sponsored by any government
-housing agency, the Oty's Development Department or a non-profit
housing development corporation. If the proposed project is to be
located in the CO-I, CO-2 land use district the conversion plan shall
address the transformation of residential units int~J~d use distt;icts. .
f ~ "- k.;';"1L e.- ....,
19. All parts of all structures shall be within 150 ff!ftof paved access for
Sin~ and 50 feet for multi-story.
P. SMALL LOT SUBDMSION STANDARDS
Standards for small lot subdivisions are located in Subsection L (Planned
Residential Development Standards) of this chapter.
FINAL DRAFT
n-31
31'91
.
~EROAL DISTRICTS -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 Oty 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 Oty 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 copunercial land use districts are as follows:
C.VflL..'Ut:-,'".l &d.Ie>"J..CD.f
A. CN (NEiGHBOItHoOD'<:OMMERCIA-L) 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 Oty.
FINALDRAFr
1I.58
3/91
.
~ERCIAL DISTRICTS -19.06
B. COol (COMMEROAL 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 47 units
per gross acre for senior citizen and senior congregate care housing.
C. CO-2 (COMMEROAL OmCE-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 47 units per gross acre for
senior citizen and senior congregate care housing.
D.
CG-l (COMMEROAL 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.
/" J.c(,,4 <'- \ ~t<. c' e.-
CG-2 (COMMEROAL / GENERAL-BASELlNE/MT. VERNON) DISTRICT
E.
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
maximum density of 12 units per gross acre along Mount Vernon Avenue
and Baseline Street and other designated locations west of 1-215 and a
maximum density of 21 units per gross acre along~~eet and I i.,(."onl
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.
FINAL DRAFT
ll-59
3/91
.
~ERCIAL DISTRICTS .19.06
F. CG-3 (COMMEROAL GENERAL-UNIVERSITY VILLAGE) DISTRICT
This district provides for the development of properties adjacent to
California State University at San Bernardino along North Park
Boulevard, Kendall Drive, and University Parkway for commercial and
personal service uses to meet the needs of students, faculty, and visitors.
G. CG-4 (COMMEROAL 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
retail/ specialty commercial and similar uses.
H. CR-l (COMMEROAL 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 (COMMEROAL REGIONAL-DOWNTOWN) DISTRICT
This district is intended to permit a diversity of regional-serving uses
in the Downtown area including local, county, and state governmen-
tal/administrative, professional offices, cultural/historical and entertain-
ment, convention facilities, hotels/motels, financial establishments, res-
taurants, supporting retail and services, educational institutions, public
open spaces, and residential and senior citizen housing. Development of
sites exclusively for residential uses shall have a minimum contiguous
area of 1 gross acre, with a maximum density of 47 units per gross acre.
Senior citizen and senior congregate care housing shall permit a maxi-
mum density of 130 units per gross acre, subject to the approval of a Con-
ditional Use Permit.
J. CR-3 (COMMEROAL REGIONAL-TRI-crrY/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 /Commerc-.enter area only),
hotels/motels, warehouse/promotional retail, s~pporting retail and ser-
vices, and similar uses. \
l lAc '0 r'^,
FINALDRAFI'
ll-60
3/91
.
eMMEROAL DISTRIcrs -19.06
Ie. CR-4 (COMMERCAL REGIONAL-AUTO PLAZA) DISTRICT
'I1Ifs district is intended to provide for the development of new and used
.utomobile and truck sales and related retail and service uses in the Auto
Plaza area.
L.
CCS-l (CENTRAL CITY SOu-nt
DISTRICT
~
'.
This district is intended to permit general retail type uses. Standards are
contained in Chapter 19.13.
CC5-2 (CENTRAL CITY SO~. . DISTRICT
Thisdis . .. ded . ~~ ~ Q is
trict IS mten to pemut rllgte .Us""lft'I.S t Ul 9 ee uses.
Standards ~ contained in Chapter 19.13.
S-3(~{~SO~
. ell . ct int ded 'to ~t li8ht, . us'. with
. ns. S ards are Contained in Chapter 1 . 3.
3
C~ (CENTRAL CITY soum - FLOOD CONTROL CHANNEL)
DISTRICT
M.
N~'
This district is intended to provide for the flood control channel. Stan-
dards are contained in Chapter 19.13,
o...,~. 01 (COMMER
;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 re-
quiring extensiv~r indoor space for their sales, service, and I or storage,
excluding neigh {hood commercial uses. .
() c.d: d.oo("
FINAL DRAFT
U-61
3191
.
eMMER.OAL DISTRICfS -19.116
p ~.,.
OIP (OFFICE INDUSTRIAL PARK) D1STRlCI'
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. Supporting retail/ commercial
services may be located in Corporate Office Industrial Park structures.
19.06.020 DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES:
~
'.
Table 06.01 represents those uses in the commercia1/industrialland use districts which
are subject to a Development Permit (0) or Conditional Use Permit (C):
The organization and numerical ordering of Table 06.01 is based on the Standard In-
dustrial Qassification System as defined in Section 19.02.050 of this Development Code.
"
FINAL DRAFT
U-62
3191
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~OAL D1STRICI'S -19.116
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GF.NERAL STANDARDS
A. The rollowing standards are minimum unless stated as maximum:
See Table 06.02
B. COMMERCAL LAND USE DISTRICT STANDARDS
~
'.
The following standards shall apply to development in all commercial dis-
tricts, except as otherwise provided for in thisEode:
. b~v'dpl/lt~"1:.
1. All indoor 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
Development Permit.
2 There shall be no visible storage of motor vehicles (except display
areas for sale or rent of motor vehicles), trailers, airplanes, boats,
recreational vehicles, or their composite parts; loose rubbish, gar-
bage, junk, or their receptacles; tents; equipment; 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 adopted Public
Works Department standards and be of sufficient size to accom-
modate 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 except when in use. The wall and gate shall be architectural-
ly compatible 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 high quality neighboring structures.
6. An intensity bonus of up to 12 square feet for each 1 square foot
of permanent space for properly d,esigned and administered day
care facilities may be approved by the review authority.
FINAL DRAFT
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COMMERCIAL DISTJUCTS -19.116
SIli DEVELOPMENT STANDARDS
CN (NEIQHIORHOOD COMMERCIAL) DISTRICT
_.lOT AMI': 7'- IQUARf nIT
MAX. Lor COVDAQI; "'"
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SIli DMLOPMENT STANDARDS
CO-I (COMMERCIAL OffiCE) DISTRICT
-.lOT AMI': ro.oao_""
MAX.lOTCO_r:1OS
AIIt" ~S/1UN1'''' ,,,.,.!IJ use.
-wrINW1I.Of.,IM,~r. JHfMU:.HfGHI
152_ar..
FINAL DRAFT
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COMMEROAL DISTRICTS -19.06
SITE DEVELOPMENT STANDARDS
CO.2 (COMMERCIAL OFFICE-CONVERSION) DISTRICT
MIN. LOT ARfA: '0,000 SQUARE FEET
MAX. Lor COVERAGE: 50%
SITE DEVELOPMENT STANDARDS
CG.' (COMMERCIAL GENERAl) DISTRICT
MIN. LOT AIfA: 10,000 $QUAlE FEET
MAX. LOTCOVf"'",-
1-E1fUP1' IF ,40:rA<:E-n- To '" ,e1S'~"'L ~O vS€ </1$7,c,,:r rN€
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FINAL DRAFT
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.
.
COMMERCIAL DISnuCfS -19.116
SITE DEVELOPMENT STANDARDS
Ccr2 (COMMERCIAL GENERAL-BASEUNE. VERNON) DISTRICT
MIN. LOT AlIA: '0.000 SQUARE FEET
MAX. LOT COVflfAwf,-
l' r,re<<," I~ AO:TACMr 76 "."y R6S;,~,./1'''' .,.-'" VS& p/yrAt/(!T; r#&
""""1M II'" SID6. lit. K6.At( ~.7l11H!1( Sllll~(.. /36. /~ ,rU'7".
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SITE DMLOPMENT STANDARDS
Ccr3 (COMMERCIAL GENERAL-UNIVERSITY VILLAGE) DISTRICT
AM. LOT~ .lI,lllIll_fRfT
MAX.LOT~-
;< rilcerr I~ IfO.r,o/~ENT 70 """'" lI'u/,~",7)"#- ......u> PSG ')/5T""107; "1"tI€
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FINAL DRAFT
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.
COMMERCIAL DISTRICTS -19.06
SITE DEVELOPMENT STANDARDS
CG-4 (COMMERCIAL GENERAL-THEME CENTERS) DISTRICT
MIN. LOT AIM: 10,000 SQUARE FEET
AWC. Lor CO\lfJlAG~_
<:
o14,9~"
,EAll $EflACKiIf"
o
jf E"c<:~P7 I;: 1I1N-"e6./7 -r. ANI' RLf/.P'~<<' ,uu',!) {/SE "'6rele", rile
tnINlnw>, S/J)E o,e ,e~ f6reAt!K J/"'L_ 8t: I~ ;:ccr.
SITE DEVELOPMENT STANDARDS
CR.! (COMMERCIAL REGIONAL-MALLS) DISTRICT
NO AIIN. lOT MEA IfQUlftD
MAlt LOr CoVfJlA~ ~"
50".0
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FINAL DRAFt
.
.
COMMEROAL DISTRIcrs .19.06
SITE DEVELOPMENT STANDARDS
CR-2 (COMMERCIAL REGIONAL-DOWNTOWN) DISTRICT
NO MIN. lOT AIM IfQIJII/fll
MAX. lOT COVE/IA(Of, ,-
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m Sl~M<ltIIO' IHIS DEVfIO",fHT CODE
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SITE DMLOPMENT STANDARDS
CR.3 <COMMERCIAL REGIONAL-TRI-CITV /CLUB) DISTRICT
__lOT AI/fA: 1O__f""
MAX. lOT CO\II/IAQE, -
'5$~.
~~
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FINALDRAFI'
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.
COMMERCIAL DISTRICTS -19.06
SITE DEVELOPMENT STANDARDS
CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) DISTRICT
MIN. Lor MEA: I AC.E
AWC. LOT COVfI/JlGE: 7$"
SITE DEVELOPMENT STANDARDS
CH (COMMERCIAL HEAVY> DISTRICT
MIN. LOT AREA: 'O,OlIIl SQUARE FEET
MAX. LOT COVfl/JlGf: 45..
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FINAL DRAFT
.
.
COMMERCIAL DISTRICTS .19.06
SITE DEVELOPMENT STANDARDS
OIP (OFFICE INDUSTRIAL PARK) DISTRICT
MIN. lOT lllEA' 10.000 SQUA'E FEET
MAX. lOT C;OVE/lAGE, 50"
y<"
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10' MIN. ""--
'EA' smllClC
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FIONT \'AID
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/0' tt'/IK. FbVT ~I) srr6'lGt: 1#./ ,,~/.. ()rI'~1(
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SITE DEVELOPMENT STANDARDS
CCS-! (CENTRAL CITY SOUTH ........,tL~ DISTRICT
-.lOT"'" 10.000 _E FEET
MAX. lOT <::OVEIIA"' 50"
FINAL DRAFT
/
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... '......
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.
.
COMMEROAL DISTRICTS -19.06
SITE DEVELOPMENT STANDARDS
CCS-2 (CENTRAL CITY SOUTH O:.A~ DISTRICT
MIN. Lor AREA: , ACRE
MAX. LOT COVERAGE: 15,"
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DEVELOPMENT STANDARDS
C MCENTRAL CITY SOUTH
<!C$-5
MIN. LO . , Ac.d'
MAX. Lor (;I: 1.5'1.
DISTRICT
II\' t:)(~CU) 7lf/~ "Jel' ..
1.I.s~ ':UM,T jlf/K.SGlIf^,T SLCT/tUl"
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FINAL DRAFI' D,89" ~~
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.
.
COMMERCIAL DISTRICTS -19.06
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FLlIJAL ,)RAFT
.
D-90 ~('1
-ma 3/11
.
_MMEllClAL DISTRICI'S -19Jl6
2. LAND USE DlSTRICf SPECIFIC STANDARDS
~
In addition to the general development requirements contained in Chapter 19.~
(Pro.-ty Development Standards), the following standards shall apply to
specific CODtmerdalland use districts. (See Table 06.03 on previous page.) For
residential uses in commerda1land use districts, see Table 4.03 and the standards
contained in Chapter 19.04.030 (2).
~
A. ADULT BUSINESSES
'.
Adult businesses are permitted, subject to a Conditional Use Permit, only
in the Oi land use district. 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 any 8M or more of the following:
I
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"i
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."
fINAL DRAFI'
n-90
3191
FINAL DRAfT
.
.MMERCIAL DISTRlCr5 -19.1l6
4. Aslult Motel. A motel or similar establishment offering public
ac:commodations for any form of consideration Which~
patrons with closed-circ:uit television transmissions, ':I tion
pictures, video c:asse~lides or other photographic uc-
tions which are chara~ by an emphasis upon the depiction
or description of "specified sexual activities" or "specified anatomi-
cal areas." . ~
"
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
Includes any of the following:
EnlPrtainment Rllci.._.. ,
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. Mas!laiJ! 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
administered unless such treatment or manipulation is ad-
ministered by a medical practitioner, chiropractor, acupuncturist,
physical therapist or similar professional person licensed by the
State. This definition does not include an athletic ch.tb, health club,
school, gymnasium, reducing salon, spa or similar establishment
where massage or similar manipulation of the human body is of-
fered as an incidental or accessory service.
U-91
3191
.
.MMEKClAL DISTRICTS -19.06
9. ~Ia] Enrounlr!r Establi!lhmPnL An establishment, other than
a hotel, motel or similar establishment offering public accommoda-
tions, which, for any form of consideration, provides a place where
. ~ ... or more persons may congregate, associate or consort in con-
nection with "specified 5eX:Ilal 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 sexua1 therapy.
~
'.
10. Specified 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.
11. Specified Sexual Activities. Includes any of the following:
a. The fondling or other erotic touching of human genita1s~
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.
12. Substantial Enla~P\'\t. 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 Development 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 'Yi~ ;).,00-0
ti.".........d feet of another such business or within e&l4 ~9\iSilI'IEl feet
of any religious institution, school or public park within the City or
within 1,000 feet of any property designated for residential use or
used for residential purposes. '
FINAL DRAFT
U-92
3191
.
ttMMERCIAL DISTRICTS -19Jl6
2
Mpa!ltll'PmPnt of Di!ltance. 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 entertainmen.t business to the closest property line "-
of the religious institution, school or public park or the property
designated for residential use or used for residential purposes.
Sig1l!l. All on-site signage shall conform to Chapter 19.~
Vi@Winr Area.
3.
4.
a. It is unlawful to maintain, operate or manage or permit to be
maintained, operated or managed any adult arcade in which
the viewing areas are not visible from a continuous main
aisle or are obscured by a curtain, door, wall, or other !t
enclosure. For purposes of this Section, viewing area meaN
the area where a patron or customer would ordinarily be,
positioned while watching the performance, picture, show
or film.
b. It is unlawful for more than 1 person at a time to occupy any
individually partitioned viewing area or booth.
c. It is unlawful to create, maintain or permit to be maintained
any holes or other openings between any 2 booths or in-
dividual viewing areas for the purpose of providing view-
ing or physical access between the booth or individual view-
ing area.
d. The opening to the viewing area shall be from the main aisle.
B. ALCOHOL BEVERAGE CONTROL II ABC" LICENSE
A business or establishment requiring an issuance of an "ABC" license is
subject to a Conditional Use Permit, except establishments containing
25,000 square feet or more which does not sell alcoholic beverages as its
principal business, and shall comply with the following standard(s), in ad-
dition to conditions imposed by the Commission:
The above structures subject to an off-site "ABC" license shall not be lo-
cated within 500 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 neighbor-
hood. The license application shall bl:! reviewed by the Police Department
prior to City approval.
FINAL DRAFT
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.
LoCIAL DISTR.ICI'S -19.06
c. AUTOMOSnE SALES
Automobile sales dealerships, new and/or used, in the Oty must conform
with the intent of this Development Code and shall enhance and promote
the image of the Oty. A Conditional Use Permit shall be required, and all
dealerships must be constructed in the following manner:
1.
.
The minimum site area shall be 15,000 square feet, except CR-4 ~
where 1 acre minimum is required. '-.
All parts, accessories, etc., shall be stored within a fully enclosed
structure.
2
3.
Service and associated car storage areas shall be completely
screened from public view.
All on-site lighting shall be stationary and directed away from
adjoining properties and public righl:H)f-way.
All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chapter 19.~ (Landscaping Standards)
~'6
All on-site signage shall comply with the provisions of Chapter
19.~ (Sign Standards)
Iff
All loading and unloading of vehicles shall occur on-site and
not in adjoining streets or alleys.
4.
5.
6.
7.
8.
All vehicles associated with the business shall be parked or
stored on-site and not in adjoining streets and alleys.
An adequate on-site queuing area for service customers shall
be provided. Required parking spaces may not may not be counted
- as queuing spaces. -
9.
10.
No vehicle service or repair work shall occur except within a fully
enclosed structure. Service bays with individual access from the ex-
terior of the structure shall not directly face or front on a public
right-of-way.
11.
~
All on-site parking shall comply with provisions of Chapter 19:'
(Off-Street Parking Standards). ~parking plan shall be developed
as part of the permit review process.
FINAL DRAFI'
DoM
3191
.
L.oCIAL DISTRlcr5 -19.116
12. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted Public
Works Department standards and be of sufficient size to ac:c:om-
modate the trash generated. The receptacles(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 except when in use. The wall and gate shall be architectural- 7'
ly compatible with the surrounding stru "-
D. AUTOMOBILE DI NG
Automobile dismantling establishments are subject to CO~tiOnal Use Per-
mit review and shall be constructed in the following manner:
1. The minimum site area shall be 15,000 square feet.
2. The site shall be entirely paved, except for structures and llUld-
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.~ (Landscaping Stand-
ards). ,.g
4. All stored, damaged, or wrecked vehicles shall be effectively
screened so as not to be visible from adjoining properties or public
rights-of- ~ay. U () J-
'-~~
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. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted Public
Works Department standards and be of sufficient size to accom-
modate the trash generated. The receptacles(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 except when in use. The wall and gate shall be architectural-
ly compatible with the surrounding structures.
FINAL DIlAFT
D-95
3191
.
~CIAL DISTRICTS -19.116
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.~ (Sign Standards). .
00
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.
All~-site parking shall comply with the provisions of Chapter
19J1( (Off-Street Parking Standards). A parking plan shall be
developed as part of the permit review process.
The premises shall be kept in a neat and orderly condition at alt.
times.
13.
14.
15. All used or discarded automotive parts or equipment or >
permanently disabled, junked or dismantled vehicles shall be per-
manently screened from public view.
16. 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.
!
FINAL DRAFT
D-96
3191
.
~ClAL DISTRIcrs.19.06
E. BONUS HEIGHT
F,,"~ structures within the CR.21and use district shall have a maxi-
r
mum height limit of 100 feet. This section provides a special incentive to
inae8se the maximum allowable height limit up to 150 feet through a pr0-
gram which encourages such additional amenities as deemed desirable by
the Commission. These amenities may include, but not limited to, the {Pl-
lowing: ~
'.
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;
4. Additional parking;
5. Ground level and second floor plazas;
6.
Outdoor cafes;
.
~
;
"
t~
T
7.
Artistic sculptures and aquatic amenities; and
8. Day care facilities.
CONVENIENCE STORES lV~ ue 4f\..e: ,
~ :~~S ~(.n' "'#,f f S
The retail sal~of =:: Z::Ples, sundry items and/or alcoholic
~ages Within II less than 5000 square feet of 81.:lGS fleer
\ 4 'aNa .. subject to Conditional Use Permit review, and shall be con-
structed and operated in the following manner:
F.
I.-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 ORC.
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 .. property line to l1I\Qther.
I .
FINAL DIlAFI'
n-97
3191
.
~ClAL D1STRICI'S -19Jl6
9.
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.)8( (Sign Standards).
~7
All landscaping shall be installed and permanently maint;$ed
pursuant to the provisions of Chapter 19.~ (Landscaping Stand- ~
ards). ~t
All1)-site parking shall comply with the provisions of Chapter
19._ (Off-Street Parking Standards). A parking plan shall be
developed as part of the permit review process.
The premises shall be kept in a neat and orderly condition at all
times.
7.
8.
10.
Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted Public
Works Department standards and be of sufficient size to accom-
modate the trash generated. The receptacles(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 except when in use. The wall and gate shall be architectural-
ly compatible with the surrounding structures.
/'1. 0' .OJO(}~~)
If on-site dispensing of automotive els is provided, the design,
location and operation of these fa' . es shall be consistent with the
provisions of Section 19.1C<.^^^ (K) (Service Station Standards). Ad-
ditionally, the cashier location shall provide direct visual access to
the pump islands and the vehicles parked adjacent to the islands. .
11.
12.
- A bicycle rack shall be installed in a convenient location visible from
the inside of the store.
13.
Each convenience store shall provide a public restroom located
within the store.
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.
FINAL DRAFT
D-98
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.
eMMEllOAL DISTRICTS -19.06
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.
17. . All parking, loading, circulation aisles, and pump island bay areas
shall be constructed with (PeC) concrete.
G. DAY CARE FAOLITIES
.04.0 30t!- )1].) .
Refer to Section 19.x- ..--./~
~
H. DRIVE-THRU RESTAURANTS
This Section contains standards for drive-thru restaurants as well as
prohibition of same in specified land use districts. Drive-thru restaurants
are subject t~ Conditional Use Permit review.
1. Establishments providing drive-thru facilities may be permitted
in the CG-l, CG-2, CG-3, CG-4, and CR-3 (south of 1-10 only) 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 12 foot width on curves
and a minimum 11 foot width on straight sections.
4. Drive-thru aisles shall provide sufficient stacking area behind menu
board to accommodate a minimum of 6 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.
7. Drive-thru aisles shall be constructed with (PeC) concrete.
8. Parking areas and the drive-thru aisle and structure shall be setback from the
ultimate curb face a minimum of 25 feet.
n-99
3/91
FINAL DRAFT
.
~CIAL DISTRICTS -19.116
,
DRIVE-THRU RESTAURANT
DRIVE-THRU LANE WITH 6 CAR (MIN)
BACK.UP TO MENU BOARD.
~a...-..
~~
INDICATE
DRIVE.THRU
ENTRY SIGN
MENU BOARD SHALL FACE
AWAY FROM THE STREET.
DRIVE.THRU AREAS SHALL BE DESIGNED
TO BE AN INTEGRAL PART OF THE MAIN
STRUCTURE.
r-- ~ c::::=.J
SHARED ENTRY DRIVE.
25' __n
MIN.1S' ItfFtRISA RABll;IS AT GtJRw!.
I.. e"ooT &.Jlbrft ~N CIII€II€S
USE LANDSCAPE TO SCREEN THE DRIVE.THRU
AISLES FROM PUBLIC R.O.W.
FINAL DRAFT
D-l00
FOOTHILL BLVD.
3191
.
~CIAL DISTJUCfS -19.D6
9. Menu boards shall be a maximum of 30 square feet, with a maximum
height of 7 feet, and shall face away from the street.
10. Drive-thru restaurants within an integrated shopping center shall
have an architectural style consistent with the theme established in
the center. The architecture of any drive-thru restaurant must pr0-
vide compatibility with surrounding uses in form, materials, .
colors, scale, etc. Structure plans shall have variation in depth and ~
angle to create variety and interest in its basic form and silhouette. "-
Articulation of structure surface shall be encouraged through the
use of openings and recesses which create texture and shadow pat-
terns. Structure entrances shall be well articulated and project a for-
mal entrance through variation of architectural plane, pavement
surface treatment, and landscape plaza.
11. No drive-thru aisles shall exit directly onto a public right-of-way.
I. MINI-MALLS
Mini-malls (small scale, up to 30,000 square feet, multi-tenant shoppin~
centers) are subject to a Conditional Use Permit and shall comply with the
following standards. .
,0," .030~)(f)
1. All lee ~:~~ment and operational standards outlined in Section
19.. (Convenience Stores), except for items Nos. 4 and 17
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.
5. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted Public
Works Department standards and'be of sufficient size to accom-
modate the trash generated. The receptacles(s) shall be screened
FINAL DRAF1'
11-101
3/91
.
LOAL DlSTRICI'S -19.06
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 except when in use. The wall and gate shall be architectural-
ly compatible with the surrounding structures.
J. MINI-STORAGE
~
Mini-storage facilities are subject to a Conditional Use 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.d(Landscaping Stand-
ards). d''6
5. All on-site signage shall comply with the provisions of Chapter
19.)e('(Sign Standards).
'1'r
6. The site shall be completely enclosed with a 6 foot high solid
decorative masonry wall, except for points of ingress and egress (in-
cluding 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.
FINAL DRAFT
11.102
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-
.
~OAL DISTRICTS -19.06
11. The development shall provide for 2 parking spaces for the
manager or caretaker, and a minimum of 5 spaces located adjacent
or in a close proximity to the manager's quarters for customer park-
ing.
12. Aisle width shall be a minimum of 25 feet between buildings
to provide unobstructed and safe circulation.
~
13. Every parcel with a structure shall have a trash receptacle on the '.
premises. The trash receptacle shall comply with adopted Public
Works Department standards and be of sufficient size to accom-
modate the trash generated. The receptacles(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 except when in use. The wall and gate shall be architectural-
ly compatible with the surrounding structures.
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. .
K. MULTI-FAMILY HOUSING
.04. O~Dra)(y.) .
Refer to Section 19.JOf.leI1l{Jel.,
L. RECYCLING FACILmES FOR REUSEABLE DOMESTIC CONTAINERS
Recycling facilities are subject to permit review in all commercial and in-
dustrialland use districts according to the following schedule:
1j(pe of Facility
Reverse Vending
Machine(s)
Districts Permitted
All Commercial and
All Industrial
Permit R.eqJ1ired
Development Permit and
up to 5 reverse vending
machines
Small Collection
CG-l,CG-2,
CR-3 (So. of
1-10) and All Industrial
Development Permit
Large Collection
CH and All
Industrial
Conditional Use Permit
light Processing
All Industrial
Conditional Use Permit
Heavy Processing
All Industrial
Conditional Use Permit
FINALDRAFI'
D-103
3/91
.
LoCIAL DISTRICTS -19.ll6
1. For the purposes of this Section, the following definitions shall
apply:
b.
a. Colll!ction Farility. A center for the acceptance by
donation, redemption or purchase of recyclable materials
from the public, which may include the following:
1)
2)
Reverse vending machine(s);
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 per- ,
manent structures.
Mobile ~C'lini Unit. An automobile, truck, trailer, or
van, licensed by the Department of Motor Vehicles which is
used for the collection of recyclable materials, including
bins, boxes, or containers transported by trucks, vans, or
trailers, and used for the collection of recyclable materials.
c.
ConvPn;PnC'P ZonP!l. An area within a 1/2 mile radius of a
supermarket.
"~)ODOJCCC''''' kll...r.>
Supermarket. A full-servl~-service retail store with
gross annual sales of.twe - AgUUS or more, and which
sells a line of dry grocery, canned goods, or non-food items
and some perishable items.
d.
e.
PmC'P!l!dng Farili tJr- A building or enclosed space used
for the collection and processing of recyclable materials to
prepare for either efficient shipment, or to an end-user's
specifications by such means as baling, briquetting, compac-
ting, flattening, grinding, crushing, mechanical sorting,
shredding, cleaning and ~ufacturing. Processing
facilities include the following:
FINAL DRAFT
n-1lM
3191
.
~ClAL DISTRICTS -19.06
1)
Ught processing facility occupies an area of under
45,000 square feet of collection, processing and
storage area, and averages 2 outbound truck ship-
ments per day. Ught processing facilities are limited
to baling, briquetting, crushing, compacting, grind-
ing, shredding and sorting of source separated recycl-
able materials sufficient to qualify as a certified
processing facility. A light processing facility shall .
not shred, compact, or bale ferrous metals other than
food and beverage containers.
'.
~
2) A heavy processing facility is any processing facility
other than a light processing facility.
f. Rec;ycling Facility. 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 requirements of
the California Beverage Container Recycling and Utter
Reduction Act of 1986. A recycling facility does not include
storage containers located on a residential, commercial or
manufacturing designated parcel used solely for the recy- :
cling of material generated on the parcel.
g. R~("ling or Rec;yclable Mallmal. Reusable domestic
containers including but not limited to metals, glass, plastic
and paper which are intended for reuse, remanufacture, or
reconstitution for the purpose of using in altered form.
Recyclable material does not include refuse or hazardous
materials.
h. Reverse VPndil'\g 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 vending 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 require-
ments of certification as a recycling facility, multiple group-
ing of reverse vending machines may be necessary.
FINAL DRAFT
0-105
3/91
---~---.,,---...,...~~.-~-~-...--
.
~OAL DISTRICfS -19.06
A bulk reverse vending machine is a reverse vending
machine that is larger than 50 square feet, is designed to ac-
cept more than 1 container at a time and will pay by weight
instead of by container.
2. The standards for recycling facilities are as follows:
a.
Reverse vending machine(s) located within a commercial .
structure shall require a Development Permit, shall not re-
quire additional parking spaces for recycling customers, and
may be permitted in all commercial and industrial land use
districts V-'LL .a n.....~l_p- . V . L subject to compliance
with the following standards:
'.
~
1) Shall be installed as an accessory use to a
commercial use which is in full compliance with all
applicable provisions of this Development Code and
the Municipal Code;
2) Shall be located within 30 feet of the entrance to the
commercial structure and shall not obstruct
pedestrian or vehicular circulation;
3) Shall not occupy parking spaces required by the
primary use;
4) 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;
5) Shall be constructed and maintained with durable
waterproof and rustproof material;
6) 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 inopera-
tive;
7) Shall have a sign area of a maximum of 4 square feet
per machine, exclusive of operating instructions;
8) Shall be maintained.in a clean, sanitaiy, and
litter-free condition on a daily basis;
FINAL DRAFT
n-l06
3J91
. ~OAL DISTRICTS -19.116
9) Operating hours shall be consistent with the
operating hours of the primary use;
10) Shall be illuminated to insure comfortable and safe
operation if operating hours are between dusk and
dawn; and
11) Shall maintain an adequate on-site refuse container ~
for disposal of non-hazardous waste. '.
b. Small collection facilities located within applicable commerc-
ial and industrial land use districts shall be subject to a
Development Permit, and comply with the following stand-
ards:
1) Shall be installed as an accessory use to an existing
commercial use which is in full compliance with all
applicable provisions of this Development Code and
the Municipal Code;
2) Shall be no larger than 500 square feet and .
OCOJpy no more than 5 parking spaces not including
space that will be periodically needed for removal of
materials or exchange of containers;
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;
FINAL DRAFr
3191
n-107
.
tMMERCIAL DISTRIcrs .19.06
8)
9)
10)
11)
12)
13)
14)
Shall be maintained in a clean and sanitary manner
free of litter and any other undesirable materials, in-
cluding mobile facilities;
Shall not exceed noise levels of 65 dBA as
measured at the property line of adjacent residential
land use districts;
~
'.
Attended facilities shall not be located within 100 feet
of any residential land use district;
Collection containers, site fencing, and signage shall
be of such color and design so as to be compatible
with and to harmonize with the surrounding uses
and neighborhood;
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 containers;
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 container;
b) Signs shall be consistent with the
character of their location; and
c) Directional signs, consistent with Chapter
~(Sign Standards), bearing no advertising
'J'?' message may be installed with the approval of
the Director if found necessary to facilitate traf-
fic circulation or if the facility is not visible
from the public right-of-way.
The facility s}l~lnot impair the landscaping required
by Chapter 19.;ilcLandscaping Standards) for any
concurrent use; by ~ ()e"1els}l'RlO"'t CodR SF my pCI'
~t isstlC!Q p1:lftj\liHI.t tbW9to;
FINAL DRAFI'
ll-l118
3191
. .MMEllCIAL DISTRIcr5 .19.ll6
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 number required for the
primary use unless all of the following conditions
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;
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. parcei 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 th~ 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 located;
FINAL DRAFT
3191
n-109
.
~ClAL DISTRICfS -19.l16
4)
All exterior storage of material shall be in sturdy
containers which are covered, secured, and main-
tained 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 districtsf wki... d~
n.d potr"...c ~eU-e>r 5'for'd'<- ) .
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;
Space shall be provided on site for 6 vehicles to
circulate and to deposit recyclable materials;
Four parking spaces for employees plus 1 parking
space for each commercial vehicle operated by the
~cling facility shall be provided on-~ite; ~<U'
NolSe levels shall not exceed 65 dBA as measured
at the property line of adjacent residential land use ~
districts;'
5)
---
~
6)
7)
8)
:
9) If the facility is located within 500 feet of ~
designated, or planned for residential use, it shall not
be in operation between 7:00 P.M. and 7:00 A.M.;
~
10) Any containers provid~ after hours donation
of recyclable materials",'.'!Ji be at least 50 feet from
any residential land use district permanently located,
of sturdy rustproof construction, and shall have suffi-
dent capadty 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 recy-
cling containers;
FINALDRAFI'
3/91
D.UO
.
~OAL DISTRIctS -19.06
<
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. Light processing facilities and large plocessors shall be
permitted in all industrial land use districts subject to a Con-
ditional Use Permit, and shall comply with the following
standards:
1) The facility shall not abut a residentially designated
parcel;
2) In the CH or IE land use districts, processors shalll
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, shredding and s0rt-
ing of source- ~arated recyclable materials and
repairing of re~ble materials;
tWd.e. ~
4) A light processing facility shall be no larger than
-f'5, 00 0 <t;iIO 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 tIian 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;
FINAL DRAFI'
0-111
3191
.
.
LnClAL DlSTlUClS -19.116
,
6)
All exterior storage of material shall be in sturdy
containers or enclosures which are covered, secured
and maintained in good condition. Storage con-
tainers for flammable materials shall be constructed
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 unauthorized 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 mini-
mum of 10 customers at any~ time;
I 1
9) One employee space shall be provided for each i
commercial vehicle operated by the pJOcessing center,
10) Noise levels shall not exceed 65 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 residential1and 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;
FINAL DRAFT
3/91
D-1U
.
eMMEJtOAL DISTR.ICl"S -19.06
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 recy-
cling containers;
14) Signs shall be installed pursuant to Chapter 19.~ ~
(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 above
ambient 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.
M. SENIOR a~EN/CONGREGATE CARE HOUSING STANDARD~
Refer to Section 19.)8(.JOOE.,. \/8\ '
. D'l-. 030 ~J'S'J . .
N. SERVICE STATION (GASOUNE) STANDARDS :
Service stations are subject to a Conditional Use Permit and shall comply
with the following standards:
1. 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 on each street.
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.
FINAL DRAFT
n-l13
3J91
. ~CIALDlSTRICTS.l"'l6
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 saeened 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 enaoach 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. The maximum number of points of ingressl egress to anyone street
shall be 2
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 35 feet to the curb return.
8. The width of a driveway may not exceed 36 feet at the sidewaUt
i
9. On-site parking shall be provided at 1 space for each pump ~
island, plus 1 space for each service bay.
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 15% 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.~ (Landscap-
ing Standards). it
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 peripl).ery wall, trees
planted not more than 16 feet apart shall be includ~ in the
planter areas.
FINAL DRAFl'
D-l14
3191
. ~OAL DISTRICTS -19.116
b. A planter area of not less ~~ feet shall
be provided at the comer of 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 saeen the
service station from adjacent properties.
15. All on-site signage shall comply with the provisions of Chapter
19.~ (Sign Standards).
~
16. Openings ~ 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 opel}
area outside the main structure. t
f
18. Every parcel with a structure shall have a trash receptacle on the'.
premises. The trash receptacle shall comply with adopted Public
Works Department standards and be of sufficient size to accom-
modate the trash generated. The receptacles(s) shall be saeened
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 except when in use. The wall and gate shall be architectural-
ly compatible with the surrounding structures.
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.
0.115
3191
FINAL D1lAFT
.
.
~ClAL DISTRICIS -19.ll6
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 improvement/modification. 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. '-
...
"",.'- .
t.r-
..... "
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 be audible beyond
the prpperty line at any time.
23. All parking, loading, circulation aisles, and pump island bay areas
shall be constructed with (PeC) concrete.
24. No pump ~o~~on self-service islands shall be equipped with ~
open devi~ "'!'
O. SERVICE STATION CONVEllSIONS
A structure originally constructed as a service station and which is
ploposed 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 gas tanks, removal of overhead doors, additional street im-
provements or modification of existing improvements to conform to ac-
cess regulations, exterior remodeling, and any additional standards as re-
quired by this Development Code.
FINAL DRAFT
0-116
3191
All uses sha11 be subject to the applicable regulations of this Development Code, includ-
in~Provisio~ iI'li!M faHsl,iI'lg ~~"._.
t-:I .-:I IS ~h ff "'4,,--,d---t:~
I .
. Chapter 19.46 Conditio~ermits
2. ter 19.28 ~""'ldS<3Ping Standards
3. Chap 6 Off;oStfeet Loading Standards
4. Chapter 19.2 -Street Parking Standards
5. Chapter 19. elopment Permits
6. Cha 9.22 Sign dards
? ~pter 19.36 Temporary Permits
y Chapter 19.42 Variances
.
19.06.0~O APPLICABLE REGULATIONS
LCIAI. DISTRIcrs -1!JJJ6
0w~ (f~(ll
f1
Uf~
~~'r'l"~'? )
6;;.JiY
~
'.
FINAL DRAFr
D-W
3191
.
LUSTRIAL DISTRICTS -19.ll8
CHAPTER 19.08
INDUSTRIAL DISTRICTS
19.08.010 PURPOSE
~
1.
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 off-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. n aNDUSTRIAL UGHT) DISTRICT
This district is intended to retain, enhance, and intensify existing and pro-
vide for the new development of lighter industrial uses along major
vehicular, rail, and air transportation routes serving the City.
B. IH ONDUSTRIAL HEAVY) DISTRICT
This district is intended to provide for the continuation and development
of heavy manufacturing industries in locations where they will be com-
patible with and not adversely impact adjacent land uses.
FINAL DRAFr
n-134
3191
.
ttmUSTJUAL DISTRICTS -19.ll8
C IE QNDUSTRIAL EXTRACIlVE) DISTRICf
This district is intended to promote the mining and processing of the
Oty's mineral resources in the Cajon Creek, Lytle Creek, and Santa Ana
River areas, while ensuring their compatibility with adjacent land uses.
Additionally, this land use district provides for the development of inter-
im uses including, but not limited to lumber yards, outdoor storage, pl~t
nurseries, recreation (non-structural), etc., which do not impair the long
term ability to extract and process mineral resources.
~
"
19.08.020 DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES:
The list which represents those uses in the industrial land use districts which are subject
to a Development Permit (D), or a Conditional Use Permit (C) is presented in Section
19.Xlto^^^ cand Figure 06.01,.
~.o'i-O
19.08.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
A The following standards are minimum unless stated as maximum:
TABLE 08.01
INDUSTRIAL ZONES DEVELOPMENT STANDARDS
Deve1o.pment Standards IL IH IE
Gross Lot Area(l) 20,000 40,000 NA
Front Setback 10 10 NA
Rear Setback 10 10 NA
Side Setback (Eachr 10(2) 10(2) NA
Side Setback (Street Side) 10 10 NA
Lot Coverage (Maximum) 75 75 NA
Structure Height (Maximum) 2 stories none NA
(Feet) 50(3) , .' .
(1) This standard is only required for new industrial ~~.V;.
(2) Unless attached buildings are proposed, wherfY no side setback would be required
for the attached side~ e....
(3) Unless the Commission finds that increased height is necessary for the proposed
industrial use.
n-135
3191
FINAL DRAFT
.
~USTRIAL DISTKIcrS -19.D8
B. INDUSTRIAL LAND USE DlSTRICI' STANDARDS
L;4
fINAL DllAFI'
The following standards shall apply to development in all industrial dis-
tricts, except as otherwise provided for in this Development Code:
1. All uses shall be subject to the approval of a Development Permit
or a Conditional Use Permit, pursuant to Chapters 19.}dC and 19~
i# 1i' ~
2. Retail sales and service incidental to a principally permitted "
use are allowable provided that the following standards are met:
The operations are contained within the main structure
which houses the primary use;
Retail sales occupy no more than 15% of the total building
square footage;
No retail sales or display of merchandise occur(s) outside
the structure(s); and
it
All products offered for retail sales on the site are '!
manufactured, warehoused, or assembled on the~.
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 any adjoining
properties and public rights-of- way by appropriate walls, fencing
and landscaping.
a.
b.
c.
d.
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.
5. - Every parcel with a structure shall have a trash receptacle on the
premises. The trash ~tacle shall comply with adopted Public
_____ works Department$lLndards and be of a sufficient size to accom-
modate 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 except when in use. The wall and gate shall be architectural-
ly compatible with the surroun~g structures.
,01. .
In addition tojthe general development requirements contained in
Chapter 19.. (Property Development Standards), the Standards
referred to in Table 06.03 shall apply to specific Industrial Land Use
Districts. .
6.
D-136
3191
.
4aoUSTRIAL DISTRICfS -19.l18
~
19.08.0~ APPLICABLE REGULATIONS
4:-
(tw ",/;1
~r. ~v(
~)~")
h
~
'.
FINAL DRAFT
n.l50
3/91
.
.
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. PCR (PUBLIC/COMMERCIAL RECREATION) DISTRIcr
1. The purpose of this district is to provide for the continuation of
existing and development of new public and private commercial
recreation facilities which ensure their compatibility with adjacent
land uses;
2. The following uses may be permitted subject to the approval of a
Development Permit:
a. Baseball stadiums, arenas, exhibition, convention, and sport-
ing facilities;
b. Entertainment, hotels, restaurants, specialty commercial,
and farmers markets;
c. Open space;
d. Public and private golf co~ses; and
e.
Other such uses that the Director may find to be similar
with those uses listed above, pursuant to Section 19.xx.xxx. ~,
tJJ..07Q&/
n-l51 3191
FINALDIlAFI'
.
SPEIu. PURPOSE D1STRICr5 -19.10
B. PF (PUBLIC FAClLmES) DISTRICT
The purpose of this district is to provide for the continuation of existing
and development of new schools, government administrative, police, fire,
libraries, social service, and other public facilities.
Co PFC (PUBLIC FLOOD CONTROL) DISTRICT
The purpose of this district is to provide for the continuation, main-
tenance, and expansion of public flood control facilities.
D. PP (PUBLIC PARK) DISTRICT
The purpose of this district is to provide for the continuation and enhance-
ment of existing public parks and open space and development of new
parks and recreation facilities.
E. SP (SPEOFIC PLAN) DISTRICT
This district is intended to provide a base designation to further imple-
ment 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 parcells) only after the adoption of a specific plan
by the Council, pursuant to Government Code Section 654SO ~~.
19.10.020 GENERAL STANDARDS $Mil k t~~
Any structure located in a special purpose districtfsubject to a Development Permi~" I
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;
4. Landscaped in a manner which complements both the immediate setting and
surrounding areas;
n-l52
3/91
FINAL DRAFT
e
e.
SPECIAL PURPOSE DlSnuCI'S .19.10
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 '.
k ;fesignations.
19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS
Gnlf Cou1"!IleA and Related Famities
al
Golf course developments are subject to a Conditiort Use permit and shall be con-
strUcted in the following manner:
1. State-Of-the-art water conservation techniques shall be incorporated into the
design and irrigation of the golf course;
2. Treated effluent shall be used for irrigation where available;
3. 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; an~ \0 '0
4. All accessory facilities, 'cl~ding but not limited to, club houses, maintenance
buildings, and ha1f-waY'h~uses shall be designed and located to ensure com-
patibility and harmony with the golf course setting.
19.10.040 APPLICABLE REGULATIONS
3191
. . ___n_..ll..153...
.
AIRPOR~LAY DISTRlCfS -19.U
CHAPTER 19.12
A (AIRPORT OVERLAY) DISTRICTS
19.12.010 PURPOSE
~
The purpose of this chapter 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 airport operations and to encourage future development that is
compatible with the continued operation of airports.
19.12.020 DEFINITIONS
For the purpose of this chapter, certain words are defined as follows:
1.
Air Installation Compatible Use Zone ~rt. A report prepared by the Depart-
ment of the Air Force examining, evaluating, and summarizing the aircraft opera-
tions at U.S. Air Force Bases with respect to the effects of noise and accident
hazards. .::J-
~ '3,000 ~,ocrD
Ai~rt District One (A . The area within a lNlI ~UIUlU\et by Me tfteUSll:RS
foot rectangle having-tWo..of its sides parallel with, and eRe theUflHul. fi.ve I) 5 tJD
hulodlcd feet from either side of, an extension of the centerline of a runway run-
ning from three tlleusaas to eight tbowill:RS feet from the midpoint of the end of
the runway. ?, 0 CD '6 ) 'Z'o D
.:l.. "3000
~ I
Ai~rt District Two (AD m. area within a l:kree tkel:lSlI:Rs by &eveR 1,001:>
tke'l&iIlld foot rectangle having of its sides parallel with, and one ti,Ot:l:Sand l,:i~
w;e htmdttd feet from either side of, an extension of the centerline of a runway
running from eight ~lI:R4 to fiftl!I!R tlleUflmd feet from the midpoint at the
end of the runway. .Deo i '5, ()oO
2.
3.
4.
Ai~rt District Three (AD un. 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.
5.
Ai~rt District Four (AD M. 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 Air-
port District as defined herein.
fINAL DRAFT
n-l54
3/91
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
.
.
AIRPORT OVERLAY DISTRICfS -19.U
Aiwort District Five (AD Vl. 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.
do- ""3/000 "3,000
Clear ~ The area within a ~ l:fte\l5af\eI by tMllll thet:lflMtfi foot square .
havin f its sides parallel with and eRe Ylel:lSltfIa fir.'C htHIdre.t1eet from
either side of, an extension of the centerline. of a runway running tJ..""' tJ.o'lului
feet from the midpoint of the end of the runway.
l' L-. "24-
Dl\Y-ni~t .~und%evel lLdnl. The sound level during a.".enl} few hour time
~~ with artel{~ecibel penalty applied to the equivalent sound level during
mghttime hours 0( 10:00 P.M. to 7:00 A.M.
ID
Decibel. The physical unit commonly used to describe noise level.
Hi~ ~oise,,i;vels. 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 measurement (Ldn). 1
Human Occupanqr. Any structure having overnight or longer living accom-
modations or that is intended for such use.
Ldn.. The day-night sound level.
Runway. An artificially surfaced strip of ground designed and actively used
at an airport for the landing and taking off of aircraft.
Severe AC't"idPnt PotE!ntial. The level of crash hazard risk associated with the
Oear Zone. Said risk shall be identified in the same manner as crash hazard risk
is identified in United States Air Force Air Installation Compatible Use Zone
Reports for military airports.
A
Substantial a'crident Potential. The level of crash hazard risk associated with
Airport District I. Said risk shaIl be identified in the same manner as crash
hazard risk is identified in United States Air Force Air Installation Compatible
Use Zone Reports for military airports.
Sig:1Uficant Accident Potential. The level of crash hazard risk associated with
Airport District n. Said risk shall be identified in the same manner as crash
hazard risk is identified in United States Air Force Air Installation Compatible
Use Zone Reports for military airports.
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~OVERLAY DISTRICI'S -19.12
19.12.030 AIRPORT DISTRICTS
For the purpose of this chapter,S Airport Districts are hereby created. The boun-
daries of these districts shall be delineated on official land use district maps as overlay
districts. These districts are as follows:
1.
2
3.
4.
5.
Airport District One (AD 0;
Airport District Two (AD ID;
Airport District Three (AD III);
Airport District Four (AD M; and
Airport District Five (AD V).
~
'.
19.12.040 AIRPORT PROVISIONS
1. Nothing contained herein shall require any change or alteration in a lawfully
constructed or established structure, or use in existence at the time of the ado~
tion or amendment of these regulations. These regulations are intended to regu-
late 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 unlawfullyes-
tablished, erected, remodeled, or rehabilitated; and
I
D. The change from eRe use to another of any structure, or land, or the
re-establishment of a use after its discontinuance for a period of 180 con-
secutive days or more.
2. Except for agricultural uses, including structures not more than 20 feet in height
and not intended for human occupancy, a Development Permit shall be required
for all development in AD I and AD II.
A. DEVELOPMENT PERMIT FINDINGS
A Development Permit shall be approved only when specific findings are
made which indicate that the proposed use complies with the following
regulations in addition to those outlined elsewhere in this Development
Code: .
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- -------------..-..-----------
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AIRPORT OVEllLA Y DISTRICTS .19.12
1.
//1/0
All uses $Kall be compatible with the continued operation of the
airport.tVses shall __ be allowed which:
. ...
a. release into the air any substances which would impair
visibility or otherwise interfere 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 airaaft
communication systems or navigational equipment; and
~
'.
d. attract birds or water fowl in such numbers as would create
a hazard to airaaft operations.
IVv .
2. Ai!- development intended for human occupancy, whether on a
temporary or a permanent basis, shall be prsl1.a.:l_4 in AD I and
ADn. "'-1l"w~'J
N~
3. lt1::r'ses shall ~ 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 affect adver-
sely the public health, safety and general welfare.
4. 11,;:f8ses which require the use or storage of materials which are
explosive, flammable, toxic, corrosive, or otherwise exhibit hazard-
ous characteristics shall be f--""'-ilc.d..pe r 1It-i'H~.~
, j..v
5. ~'k1Ses which are labor intensive or promote the concentration of
people for extended periods of time shall be p':rsl.&.:~d, except as
expressly authorized in this section. pe........ttL'I.
6. ivb ,Xstructure or any portion thereof on the premises of a permitted
use shall .. 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 con-
struction of those portions of structures where the public is regular-
ly received and into office areas.
B. PROCEDURES.
~
The provisions of Section 19.~ (Development Permit) shall apply.
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e.
AIlU'ORT OVERLAY DISTRICfS -19.U
C DEOSION 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 requiI:e-
ments deemed necessary to promote the purpose of this section.
Said requirements may include, but are not limited to, the follow-
in~ .
~
'.
a.
b.
c.
d.
yards and open spaces;
fences and walls, or other screening;
surfacing of parking spaces and specifications thereof;
street improvements, including provision of service roads
. or alleys when practical and necessary;
regulation of points of vehicular ingress and egress;
regulation of signs;
landscaping and maintenance thereof;
maintenance of grounds;
control of noise, vibration, odor, and other potentially
dangerous or objectionable elements;
lot size;
height restrictions;
restrictions in accessory structures;
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 Develop-
ment Permit shall cease to exist.
e.
f.
g.
h.
i.
,
j.
k.
l.
m.
19.12.050 AIRPORT DISTRICT ONE (AD I).
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.~ except for agricultural uses, including structures
not more than 20 feet in height and ift intended for human occupancy.
'!lip
1. INDUSTRIALIMANUFACTURlNG USE REGULATIONS.
Permitted industrial/manufacturing uses within AD I include, but are not
limited to, the following types of labor noninterisive activities provided they
comply with the standards prescribed by this chapter:
A. warehousing and storage;
B. manufacture of stone, clays, leather, glass and similar products;
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AI1U'ORT OVERLAY DISTRICI'S -19.12
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;
H. outside storage activities;
1. rubber and miscellaneous plastic;
J. primary metal industries; and
K. fabricated metal products.
The following regulations shall apply to all industrial uses permitted in AD 1 in
addition to those regulations contained in other portions of this chapter: .
A.
B.
c.
D.
FINAL DRAFT
Lot size: The minimum net lot area shall be 35,000 square feet.
/~~;~ b
Height restrictions: The/height of structures shall Mt Irilla 30 feet.
Parking regulations: The parking restrictions and regulations outlined
in Chapter 19.~ shall apply.
Yard regulations: Yards are required as follows:
1. Front yard: There shall be a front yard having a depth of not less
than SO feet from the planned public right~f-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 Chapter 19.~.
'd1
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AIRPORT.LAY DISTRICTS -19.12
2. COMMERCIAL USE REGULATIONS.
Permitted commercial uses within AD I include, but are not limited to, the fol-
lowing types of labor intensive activities, provided they comply with the stand-
ards presaibed in this Section.
A. groceries and related wholesale;
B. machinery, equipment, supplies, wholesale; ~
'.
C. hardware and metals, wholesale;
D. other wholesale trade activities;
E. building and lumber materials; retail; and
F. furniture, home' furnishings, retail.
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.
_ III
The following regulations shall apply to all commercial ~ties permitted in
AD Ia.......Ii.1l Hi eemlll I!tLl_~~.:h.e.~ r-....!tt<l~. A& Iaddition to those regula-
tions contained in other portions of this chapter:
A.
Lot size: The minimum net lot area shall be 35,000 square feet.
. ,- (1,~f1<<<AY\.' b
Height restrictions: The (height of structures shall net e- il30 feet.
B.
D.
Parking regulations: The parking restrictions and regulations outlined
in Chapter 19.~ shall apply.
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~f-way.
c.
2. Side yard: There shall be a side yard having width of not less than
20 feet on each side of any structure.
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AIRPOR~iA Y DISTRICTS -19.12
3.
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 Chapter 19.~.
rr
ADMINI~TRATIVE AND PROFESSIONAL SERVICE REGULATIONS.
No pcrl'W- tf~'
AIr administrative and professional service uses shall be lUlNi-illll in AD I, ex-
cept repair services.
~
'.
4. PUBUC AND OUASI-PUBUC ADMINI~TRATIVE USE REGULATIONS.
fIt' bli d . bli dmini" hall be pe[~+t;~ AD I
_ pu c an quasl-PU c a strative uses s pr8<ll...lle_ m .
S. OUTDOOR RECREA1:JON USE REGULATIONS
Permitted uses shall be limited to the following:
A. golf courses; and
/tV
B. horseback riding stables and trails (except tha~bliC shows and
public events shall be R.I' ~~",i),
per;tt..F eA
6. RESOURCE PRODUCTION USE REGULATIONS
All resource production uses may be permitted in AD I including, but not
limited to, the following activities:
A. agricultural uses;
B. commercial dairies; and
C. mining.-
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AIRPORT OVERLAY DISTRICfS -19.12
19.12.060 AIRPORT DISTRICT TWO (AD 11).
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 chapter may
be permitted, and any other uses shall be subject to the requirements of a Condition~
Use Permit contained in Chapter 19.~ except for agricultural uses, including structures ~
not more than 20 feet in height and ~intended for human occupancy, as well as the '.
applicable standards established her .
,!P
1. INDUSTRIALlMANUFACTIJRING USE REGULATION.
Permitted industrial/manufacturing uses within AD IT include, but are not
limited to , the uses approved for Airport District I, and provided they comply
with the standards prescribed by this chapter.
The following regulations shall apply to all industrial uses permitted AD IT in
addition to those regulations contained in other portions of this section:
A.
B.
c.
D.
Lot size: The minimum net lot area shall be 35,000 square feet.
~~'~ be..-
Height restrictions: Thelheight of structures shalln81_____d 30 feet except
where otherwise specified.
Parking regulations: The parking restrictions and regulations outlined in
Chapter 19.~ shall apply.
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.
F. Signs are permitted in this district subject to the requirements as
prescribed in Chapter 19.~
~(f
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AIRPORT OVERLAY DISTRICTS -19,u
2.
COMMERCIAL USE REGULATIONS
om(~O".o~
All commerda1 uses permitted in Section 19.06.~may be allowed in AD II.
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.
The following regulations shall apply to all commercial activities permitted in
AD II in addition to those regulations contained in other portions of this chapter:
A. Lot size: The minimum net lot area shall be 35,000 square feet.
B. Hei2ht restrictions: The~=3tril:ti8M Otttm,.,J i.. tlw. ~L)on shaH apply.
t>F~ S'l...d{ k 30~'
C. Parking regulation: The parking restrictions and regulations outlined in
Chapter 19..~ shall apply. 0" 0
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 pennitted in this district subject to the requirements prescribed
in Chapter 19.)\\ . 0
.... .
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AIRPORT OVERLAY DISTRICI'S -19.U
3. ADMINISTRATIVE AND PROFESSIONAL USE REGULATIONS
The type of administrative and professional service uses that may be al-
lowed 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.
The following regUlations shall apply to all administrative and professional ser-
vice activities in addition to those appearing elsewhere in this chapter:
A. Lot size: The minimum net lot area shall be 35,000 square feet. .
~ '
B. Height restrictions: The~ .....,,.,.;~RS 8tttliflcd ir\ this sesu9I\ shall
apply. of' ~~ ~l /'(. '30 ~ . .
C. Parking regulations: The parking restrictions and regulations outlined in
Chapter 19' 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 Chapter 19.~
ir
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AI~T OVERLAY DISTRICTS -19.U
4. OUTDOOR RF.CREATlON USE REGULATIONS
Permitted uses shall be limited to the following:
s.
A. golf courses; and
. MJ
B. horseback riding stables and trails (except thatl}:ubliC shows and public
events shall be ~.~~:.e
RESOURCE PRODUCTION USE REGULATIONS
The following resource production uses may be permitted in AD II:
~
'.
A. agricultural uses;
B. commercial dairies; and
C. mining.
19.12.070 AIRPORT DISTRICT THREE (AD 1lI)
~
This district is designed to regulate land use in an area characterized 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 requirements
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.
19.12.080 AIRPORT DISTRICT FOUR (AD IV)
This district is designed to regulate land use in an area characterized as having high
noise levels. All new development located in this district shall incorporate a noise level
reduction of 2S decibels. Where the contemplated use to be made of any structure
makes noise reducti.on unnecessary or useless, the noise reduction requirements
specified herein shall not apply, but approval inay be subject to such conditions as to
changes of use or subsequent uses as the Commission may impose.
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AI~T OVERLAY DISTRICTS -19.12
19.12.090 AIRPORT DISTRICT FIVE (AD V)
This disbict is designed to regulate land use in an area characterized as having high
noise levels. All new development located in this disbict 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 requirements
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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CCS DISTRICI'S -19.13
CHAPTER 19.13
CCS (CENTRAL CITY SOUTH) DISTRICT
19.13.010 PURPOSE
~
'.
The purpose of this district is to provide the basis for a cohesive, functional, and
economically productive environment.
19.13.020 APPUCABIUTY
The CCS (Central Oty Sou~Districtll is the area bounded by the centerline of Rialto
Avenue on the north, the centerline of Inland Center Drive on the south, the centerline
of "E" Street on the east, and the east right~f-way of the 1-215 freeway on the west.
19.13.030 ESTABUSHMENT OF SUBDISTRICTS
.
The following subdistricts and their general description and location are as follows: .
1.
CCS-1
~ 'E .~.;-d.../.... T-.
General retail-type uses are permitted. The district is generally Ii,,,, ..6t ~~----.- /
5~de of "E" S!z'.w~ MiA the hu. tl, 6h:h, vi ~dt...a Center unve;, vlitk JOfI..(. c<<<p ? ~
lions. 'FR0&9 p~.O'i"1i 19c;:ated ~th of Mill SIr<<.I, bet.Veel.. tl...I-2iS [l......a.l ....d, ~ ....{r
'101: ~~fte~lf ~r~ C~;:: ~,iV-;.~~r./?~:':7~'~,~ IIf :;:A~...~'
cr~ ~
2.
Ccs-3
,
-\ The flood Control Channel which flows through Central City South.
~1' ;""... man~", ~~...e..mand devolopment, and """'"
commercial (including auto repair) uses are permitted. The district is located. ~..,d
. I:M~~ of Mill and "G")treets.
i...k of, -rJ.,-~"'-.1~t..:..
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CCS DISTRICTS .19.13
19.13.040 DEVELOPMENT STANDARDS
The following development standards shall apply:
1.
LANDSCAPING
All development in the CCS Disttict is subject to Chapter 19~ (Landscaping
Standards) of this Development Code. The Parks Department shall refer to the
"Landscape Palette" contained in the Central Oty South Design Guidelines for
appropriate plant materials when reviewing for approval of any landscape plans.
~
"
2. PARKING AND LOADING
All development in the CCS Disttict is subject to Chapter 19.;:r (Off-Street Park-
ing Standards) and'Chapter 19Jr1( (Off-Street Loading Standards) of this Develop-
ment Code. :,.l,
3. SIGNS
d~ ~
All development in the CCS Distti~~ subject to Chapter 19)1(Sign StandardS)
of this Development Code. Table ~l(C), ''Signs permitted in the CN, CG, CR.
CH, Commercial Distticts" is applicable.
4. SUBDISTRICT STANDARDS
A. CCS-1 DISTRICT
1. Maximum non-retail building frontage along "E" Street shall be 25%
of each parcel.
2 Building height - maximum 2 stories (30 feet).
-,
3. "E" Street front setback - 30 feet from curb face.
4)vl,J,'''';S;OA'
4. Minimum lot size for new d_. .!h.rAte1\t - 10,000 square feet.
S. In addition ~e standards, the standards and guidelines contained in
Chapter 19. (Commercial Distticts) of this Development Code are
-.J applicable to all development and uses in the CC5-1 subdisttict.
J~' ",~
7 W. Should any standards conflict, the more resttictive shall apply.
B.
TRICT
1.
Buildin - maxim: tories (52 feet). This height may be
ed with an approved Con' Use Permit.
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2
s.~J" . ;0.'15
um lot size for new t - 1 acre.
"
CCS DISTRICTS -19.13
1~~
,/ . ]
..~ ,ff'
r(;lj,~ .
3.
on the w - boundary of the~,
which also in the PC (F ay Corridor Overlay) District shall \-'
be s ject to the standards set, in Chapter 19.^^.~~ of this '.
elopment Code. 1'1. It;
~~
Should any standards conflict, the more . ctive shall apply.
).
CCS.J DISTRIcr
Uses and development in the CC5-3 SUht-li~g"1e su~ to the stand-
ards and guidelines contained in Chap;;T19.~d 19.;r(Commercial
and Industrial Districts) of this Development Code, with a minimum lot
size for new de'clpalftef\.t of ~ ~cre and a height limitation of a maximum
of 2 stories or 50 feet. 'S ub,l,u, s"'u ,
3
CCS~ DISTRIcr
c ~.
\0
This subdistrict is governed by Chapter 19.pc (Public Flood Control Dis-
trict) of this Development Code.
5
lot
of a maximum
19.13.050 USES PERMITTED
Uses listed under each subdistrict shown in Table 06.01, Commercial and Industrial Dis-
tricts, list of Permitted Uses, are permitted with a Conditional Use or Development
Permit.
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FC DlSTIllCT -19.14
CHAPTER 19.14
FC (FREEWAY CORRIDOR OVERLAY) DISTRICT
19.14.010 PURPOSE
The purpose of this overlay district is to provide special design guidelines/standards
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.
19.14.020 APPLICABILITY
The FC (Freeway Corridor Overlay) District shall be in effect in all non residential land
use 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 these requirements. _ ,_.J
C-st~~~
As an overlay, this District is applied in addition to those of the underlying district.
Any developments within the geographic limits of this district shall conform to the re-
quirements of both Districts or the more restrictive of the two.
<
19.14.030 DEVELOPMENT STANDARDS
The following development standards shall apply:
1. 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 min- .
imum, 1-24" box "Green Gem" for every 30 feet of adjacent lot line. The trees
may be clustered.
2. BUILDING SETBACK
A minimum building setback of 50 feet from the freeway right-of-way line will
be required.
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FC DISTRIcr -19.14
3. SERVICE. LOADING. AND EQUIPMENT STORAGE AREAS
Service areas including storage, special equipment, maintenance, and loading
areas shall be screened with landscaping JW1 architectural elements. The pur-
pose is to hide those areas from the freeways. Loading docks and service areas
shall be located on interior side yards and concealed from public "freeway" view
(side yard opposite the direction of traffic).
Utility equipment and communication devices located on the grounds shall be ~ '.
screened so that the site will appear free of all such devices. Utility lines for
water, gas, sewage, electrical, and communication shall be installed underground.
Refuse collection areas are to be visually screened with a mlid perimeter wall
using materials and colors compatible with those of the adjacent structures.
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 constructed and maintained ac-
cording to the following standards:
A. No materials, supplies or equipment, including trucks or other motor!
vehicles, are to be stored on-site except inside an enclosed structure or be-
hind architectural screening, to prevent visibility from the freeway. The
storage of vehicles for sale is exempt from this requirement.
B. All storage areas shall be screened by lUlla and shall be located on the
side or rear portions of structures.
C. Architectural screening shall be constructed of the same materials and
finishes compatible with the adjacent structure, and shall be designed and
placed to complement the building design.
D. No service, storage, maintenance, or loading area may extend into a
landscape setback buHer area.
4. BUILDING FACADE
n,:ach'l.a'hl~
A. Facades should be designed to convey a sense of order through the inter-
play of light, shadow and texture. Facade articulation should reinforce a
sense of quality and integrity.
B. A sophisticated refinement of the building proportions and fenestration
details should be carefully conceived to achieve desired goals.
FINAL DIlAFT
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FC DISTRICI' -19.14
C. Facades shall reflect the quality and the sense of order of the underlying
structure in a clear and consistent manner. Wmdow panels (if used) and
spandrels shall be differentiated and the percentage of window glass to
noo-glass area should be a minimum of 25% (window) and 25% (wall) in
retail uses.
D. Recessed or articulated wall surfaces, columns and beams will help to
visually segment an otherwise massive exterior wall surface.
~
'.
jj1~r\j~lli~j~~1~~~j
~:::tfi!:i:li!t!:!
.:=:............................
::::::::::::::::::::::::::::::::
1f~~j~*~ilim1~~*~j~:
~j~Jj~~~~~1~~j1~~
li~~i~r~~~~~j\
~~~ThI~fj~j~jj1f:
~~~E~~jf~~~j
........... "."",
~~lli~jlli1~if~i~~f
,
"
Und@sil'abl~ 'i
~:
A. No ,koxy and monotonous facades which lack a sense of scale shall Bet be
permitted.
;,oJ
B. No weak or token expressions of structure or an inconsistent statement of
structure shall =t be permitted.
llA 'l
C. I'IV pbitrary, decorative, or stylized architectural treatments shall.. be
permitted.
,
D. No ra:tgef amounts (more than 70% of wall surface) of reflective glass shall
.. be permitted.
s. MECHANICAL EOUlPMENT
Roof-mounted mechanical equipment shall be saeened on all sides. Any devices
located on the structure will be properly screened to minimize visual impact.
The color of these devices will be the same as the building color.
Structures shall appear free of all utility and communication devices. Satellite
dishes and antennas shall be ground mounted qnIess 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.
FINAL DRAFr
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.
PC DISTRICf -19.16
6. FREEWAY ADJACENT SIGNS
Freeway adjacent signs are limited to identifying the complex, major anchor
tenant, structure, or company occupying the site.
Freeway adjacent signs are permitted 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 in-
dividual 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 ~ double-faced freeway sign on each structure
site. The sign is liDiited to identifying the project, complex, or major tenant 0c-
cupying the site.
Projects over 5 acres in size with more than 1,000 feet of freeway frontage may be
permitted 2 freeway adjacent signs at the discretion of the Commission. ThesJ
signs shall not be placed closer than 600 feet to each other. All other regulations
shall 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 overall installed sign height shall be 25 feet, with a maximum
sign face height of 22 feet The monument or supporting structure shall consist
of an area equal to the sign face or copy area. The maximum height of the sign
panel shall be 7 feet, the maximum width shall be 25 feet, and the total sign area
shall not exceed 125 square feet per face. If the site grade is substantially lower .
than the freeway grade, or there is substantial existing landscaping which
prevents adequate sign vislbility, the allowable sign area of 125 square feet may
be ~l(Jded to the maximum permissible wall sign area in accordance with Chapter
19.~_ (Sign Regulations).
~d"
Any tree in the landscaped buffer that is removed to accommodate the installa-
tion of any sign shall be replaced with a minimum 48 inch box tree.
7. PROHIBITED SIGNS
A. A-frame signs
B. Roof signs
C. Bench signs
D. Billboard signs
E. Captive balloons
F. Emitting sign
G. Inflatable signs
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FC DISTRICT -19.14
H. Off premise signs
L Portable sign
J. Animated signs, except time/ temperature devices
and electomic message boards in CR-4.
K. Paper, cloth, and plastic streamer signs
L. Painted signs on primary walls
M. Pennants
N. Statues used for advertising
O. 'Ii'affic sign replicas
P. Vehicle signs
Q Directional signs which incorporate business logo or ID
R. Permanent "comEH>n" signs (Sale Today!, Stop, Look, etc.)
~
'.
Direct and indirect lighting methods are allowed provided they are not harsh or
unnecessarily bright. The use of can-type box signs with white or light colored
translucent backlit panels are not permitted on any structures or as a freestan-
ding sign. (Refer to the design guidelines for signs in Chapter 19.~).
J-'i'"
8. PROHIBITED STRUCIlJRES
Structures with open, exposed craneways are prohibited.
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FF DISTRICT -19.15
CHAPTER 19.15
FF (FOOTHILL FIRE ZONES OVERLAY) DISTRICT
19.15.010 PURPOSE
The purpose of this overlay district is to identify 3 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-Extreme Hazard, B-High Hazard, C- Moderate Hazard. r1fe Zones A
& B are determined based on slope with Zone B including slopes from 15- 30% and
Zone A including slopes of 30% or greater. Fire Zone C includes slopes from 0 to 15%.
Fire Zones A and B shall be determined by the slope analysis, submitted with the
project application. A reference map is on file with the Department
~
"'.
19.15.020 STANDARDS
The following standards shall apply to all or some of the foothill fire zones as noted by
the letter(s) in parenthesis following each standard.
r
1. ACCESS AND CIRCULATION.
A. Local hillside street standards shall be used to minimize grading and
erosion potential while providing adequate access for vehicles, including
emergency vehicles. The right-of-way shall be 48.5 feet with 40 feet of
paved width and parking on both sides and a sidewalk on 1 side. (A + B)
B. Streets shall have a paved width of 32 feet with parking and sidewalk
on 1 side of the street only and right-of-way of 40.5 feet, subject to review
and recommendation by the Fire Chief and the City Engineer, with ap-
proval by the Commission. (A + B)
C. Subdivisions shall be designed to allow emergency vehicle access to
wildland ueas 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 150 feet in depth,
adjacent to the foothills and connected to the street by flat 12 foot
minimum access ways placed no more ~ 350 feet apart H
designed as a gated easement, access ways may be part of a side
yard. (A+B, and C where abuts wildlands.)
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D.
E.
F.
G.
.
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FP DISnucr -19.15
No dead-end streets are permitted. Temporary cul-dtHiacs are required.
(A+B+C)
All permanent cul-de-sac turnarounds and curves shall be designed with
. minimum radius of 40 feet to the alJ'b face. No parking shall be allowed
01\ the bulb of a cul-dtHiac. (A+B+C)
Cul-dtHiacs to a maximum of 750 feet in length may ~'tted with a ~
maximum of 30 dwelling units, and to a maximum 0 feet in length . "-
with a maximum of 20 dwelling units. (A+B)
Driveways to residential garages of more than 30 feet in length shall
extend for a minimum distance of 20 feet from the garage, on a maximum
grade of 5%. Driveways less than 30 feet in length shall have a maximum
grade of 8% for a minimum distance of 20 feet from the garage. No por-
tion of a dri~eway shall exceed a grade of 15%, unless approved by the
Fire Chief and City Engineer. Driveways shall be designed so that the al-
gerbraic difference in grades will not cause a vehicle to drag or hang-up.
(A+B+C)
H.
Grades of streets shall be as provided in this subsection, unless otherwiSe
approved in writing by the Public Services, Fire, and Public Works eep.rt-
ments. Hillside collector and arterial streets shall not exceed 8"'. Hillside
residential local streets shall not exceed 15%. (A+B+C)
L A tentative tract or parcel map shall provide for at least 2 different standard
means of ingress and egress. Standard ingress/ egress is a road which is
dedicated :e City and has a minimum paved width of 24 feet. (A+B+C)
2. ~ Street Iden1!fka~ ~
A. Non-combustible and reflective street markers shall be visible for 100
feet pursuant to City standards.. (A.+B+C)
B. Non-combustible building addresses of contrasting colors shall be
placed on the structure fronting the street. Four inch high (residential)
and 5 inch high (commercial) lettering and numbers visible at least 100
feet are required. (A+B+C)
3. ROADSIDE VEGETATION
All vegetation shall be maintained and all dead plant material shall be removed
for a distance of 10 feet from curbline. (A+B+C)
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FP DISTRICT -19.15
4. WATER SUPPLY
A. Static water sources such as fire hydrants and wells shall have clear
&e:IOete 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)
C.
Fire hydrants shall be identified with approved blue reflecting street
markers. (A+B+C)
~
"
D. Each cul-de-sac greater than 300 feet in length shall have a minimum of
1 hydrant. (A+B+C)
E. Minimum fire flow shall be 1,000 gallons per minute. (A+B+C)
5. EROSION CONTROL
A. All fills shall be compacted. (A+B+C)
B. For all new projects, erosion and drainage control plans must be ~
by a licensed civil engineer, and be approved prior to permit issuance. (A+B+C)
C. The faces at all cut and fill slopes shall be planted with a ground cover
approved by the City Engineer. This planting shall be done as soon as
practicable and prior to final inspection. Planting of any slope less than 5
feet in vertical height, or a cut slope not subject to erosion due to the
erosion-resistant character of the materials, may be waived by the City En-
gineer. An automatic irrigation system shall be installed for planted
slopes in excess of 15 feet in vertical height, unless recommended other-
wise in the preliminary soils report or waived by the City Engineer. If re-
quired by the City Engineer, a recommendation for types of planting
materials shall be obtained from a Landscape Architect. The Landscape
Architect shall, prior to final inspection, provide the City Engineer with a
statement that the planting has been done in compliance with recommen-
dations approved by the City Engineer. (A+B+C)
D. Erosion landscaping plans shall incorporate the use of fire resistant
vegetation. (A+B+C)
E. All parties performing grading operations, under a grading permit issued
by the City Engineer, shall take reasonable preventive measures, such as
sprinkling by water truck, hydroseedingwith temporary irrigation, dust
pallative, and/ or wind fences as directed by the City Engineer, to avoid
earth or other materials from the premises being deposited on adjacent
streets or properties, by the action of storm waters or wind, by spillage
from conveyance vehicles or by other causes. Earth or other materials
which are deposited on adjacent streets or properties shall be completely
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FINAL DRAFT
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.
FF DISTR.ICf -19.15
removed by the permittee as soon as practical, but in any event within 24
hours after receipt of written notice from the ety Engineer to remove the
euth or materials, or within such additional time as may be allowed by
written notice from the ety Engineer. In the event that any party per-
fcnning grading shall fail to comply with these requirements, the ety En-
gineer shall have the authority to engage the services of a contractor to
remove the earth or other materials. All charges incurred for the services
of the contractor shall be paid to the ety by the permittee prior to accep-
tance of the grading. (~ + y,.,.c) ~ '.
F. Maintain firebreak fuel modification zones, when required, through
home owner associations, assessment districts or other means. (A+B+C)
6. CONSTRUCTION AND DEVELOPMENT DESIGN
A.
B.
A slope analysis shall be filed with all discretionary applications for all
projects in Fire Zones A & B consistent with the Hillside Management ~
tion of the General Plan and Section 1~.J<A.""",(x} of this Development
Code. (A+B) \1.11, ()'60 lJ-)
Structures shall be located only where the upgraded slope is 50% or I_
Ii the building pad is adjacent to a slope which is greater than 50% 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 maintained by an
automatic irrigation system. (A+B)
c.
All proposed property lines shall be placed at the top of slopes, except
where the original parcel's exterior boundary line does not extend to the
top of the slope. (A+B+C)
..9
Development on existin,lslopes exceeding 30% or greater may occur if
in conformance with all applicable ordinances, statutes and California En-
vironmental Quality Act review. (A)
D.
E.
Structures shall be permitted in narrow canyon mouths or ridge
saddles, only if approved by the City Engineer and Fire Department.
(A+B)
F.
Open ends of tile roofs shall be capped with nonignitable material to
prevent birds nests or other combustible material to be located within the
roof structure. (A+B+C) . .
-(J... ~~J1
WllJoof overhangs shall be enclosed with assemblies rated by the Uniform
Building Code as one-hour fire resistant. (A+B, and C where abuts
wildlands.) .
G.
FINAL DRAFI'
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H.
. . FF DISnuCf -19.15
liff,~
SefRt.vents which are placed under the roof overhang shall be located
near the roof edge rather than toward the external wall. (A+B, and
C where abuts wildlands.)
No attic vent shall be placed facing the foothills/wildland. (A+B, and
C where abuts wildlands.)
L
J.
Vents shall beN'-"8 " .11L'l _h.d._..d.ltcoveredbyl/4xl/4
inch corrosion resistant wire mesh. (A+B, and C where abuts wildlands.) ~
'.
K.
Roof mounted turbine vents shall not be permitted. (A+B, and C
where abuts wildlands.)
L.
Patio structural members and roofs shall be encased with Uniform
Building Code noncombustible materials. (A+B, and C where abuts
wildlands.)
M.
All g1ass facing the wildlands shall be double paned and meet Uniform
Building Code requirements. (A+B)
Any exposed roof and wall piping, vents, flashing and other penetra-~
tions and appendages shall be constructed of non- combustible materials.
(A+B, and C where abuts wildlands.)
N.
o.
All accessory structures, guest housing or second units shall conform
to all fire protection zone standards. (A+B, and C where abuts wildlands.)
P.
All roof coverings shall be constructed with non-combustible, non-wood
materials, (A+B+C)
(~ r/4"~n;..b
~~exterior walls shall be constructed with assemblies rated by the
Uniform Building Code as _hour fire resistant. (A+B+C)
I
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)
Structures, including decks supported to any degree by stilts, shall
either have all under-floor areas encased with non-combustible materia1')( ·
j- --A. lhL!"I r." "_Ill, llirl._..vy rlllll,.. ff.l r- IV) .ail I .. .:..D1.. (A+B,
and C where abuts wildlands.)
Q.
R.
S.
T.
All fencing shall be constructed of non<ombustible, non~wood materials.
There shall be gates facing the road for emergency pedestrian access, con-
structed of non-combustible, non-wood materials. (A+B+C)
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7. MISCELLANEOUS 54'(/
e L:1 l__ld.. '"_11 '1":'~ tM.~ future transfers of proper~ose to the pur-
chasert!!te hig1} fire hazard.desi~tion aP.r~cable to the proJ)E!l'ty. (A+B+C) res. '''w
a;f; 7f..q.. f::lNl.f!- tJf fH,,~e- ,,?re--.:~,..;t ~ 't:I<-'e- &/OS"e 6'T c
~3~. r/~ uu- ~ k-- ,J.Jl h _-~,{1J-+-ry.0
U.
w.
x.
Y.
z.
AA.
----
-
,
\
,
',,--
FINAL DRAFf
.
.'
FF DISTlUCf .19.15
v.
The minimum distance between structures shall be 60 feet in Zone A
and 30 feet in Zone B, unless otherwise approved~ire Chi~ with
mncurrence by the Development Review COmmi.~ .+B) .{
Provide for a fuel-modification plaI},or a reasonable equivalent alternative I
as approved by the Fire Chief, which shall include a "wet zone" of a mini-
mum depth of SO feet of irrigated landscaping behind any required set-
back and "thinning zones" of a minimum depth of 100 feet of drought .
tolerant, low volume vegetation, adjacent to any natural area behind struc- ~ "
tures. This fuel-modification plan must provide for adequate main-
tenance and be reviewed and approved by the City Fire Department.
(A+B, and C where abuts wildlands.)
All fuel tanks must be placed a distance from structures and property
lines in acmrdance with the standards of the City Fire Department. All
vegetation ~ust be cleared for a radius of 10 feet from the tanks. (A+B+C)
Underground utilities are required for new subdivisions and individual
structures. (A+B+C) .J
Ir$
All new swimming pools or other significant iter sources (500 gallons'
or more), where abutting wildlands, shall be eq .pped so as to be used in
an emergency by the resident, by including in required equipment a sub-
mergible electronic pump and a minimum of SO feet of 2 inch diameter
hose. (A+B+C)
Retrofitting of structures is required when more than 25% replacement
occur; i.e., roofing, fencing, reSlR . -' ,litien. (A+B+C)
r ^
'"'t l.or o(re"
All residential structures shall be provided with interior automatic
sprinklers in ord~ help decrease the spread of fire.jA+B, and C where
, ab,uts ~dlands.l e design and installation shall be approv ' e
~ Ci Fire Department
D-18O
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.
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fP DISTR.Icr -19.16
CHAPTER 19.16
FP (FLOOD PLAIN OVERLAY) DISTRlCf
19.16.010 PURPOSE
The purpose of overlay district is to protect the public health, safety, and general wel-
fare, and to minimize hazards due to flooding in specific areas as identified by the .
latest adopted Flood Insurance Rate Maps, in addition to the following:
1.
2.
3.
4.
5.
6.
~
To minimize expenditure of public money for costly flood control projects;
To minimize the need for the rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
To minimize prolonged business interruption;
To minimize damage to public facilities and utilities such as water and gas .
mains, electric, telephone and sewer lines, streets and bridges located in areas of
special flood hazard;
!
To help maintain a stable tax base by providing for the second use and develop-
ment of area of special flood hazard so as to minimize future flood blight areas;
To insure that potential buyers are notified that property is in an area of
special flood hazard; and
To insure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
In order to accomplish its purposes, this Chapter includes methods and provisions for:
7.
1.
Restricting or prohibiting uses which are dangerous to health, safety, and
property due-to water or erosion hazards, 01: which result in damaging increases
in erosion of flood heights or velocities;
2.
Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
3.
Controlling the alteration of natural floodplains, stream channels, and natural
protective barri~'ers hich help accommodate or channel flood waters;
Controlling fil' ~ ading, dredging, and other development which may
increase flood ge; and
Preventing or regulating the construction of flood barriers which will un-
naturally divert flood waters or which may increase flood hazards in other areas.
4.
5.
FINAL DRAFl'
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FP DISTIller -19.16
19.16.020 DEFINITIONS
In addition to those terms defined in Section 19.02050, the following definitions shall
apply:
Appeal. A request for a review of the City Engineer's interpretation of any provision of
this Chapter.
Area of shallow flnnrli"i' A designated AO, AH, or CP Zone on the flood Insurance
Rate Map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined chan-
nel does not exist; the path of flooding is unpredictable and indeterminate; and velocity
flow may be evident.
~
'.
Area of ~al flnnrl-related erosion ha7"rd. The area of subject to severe flood-related
erosion losses. The area is designated as Zone E on the Flood Insurance Rate Map
(FIRM).
Area of ~al flood hazard. See "Special flood hazard area."
Area of ~al mud slide (j.e. mud flow hazard), The area subject to severe mud slides
(i.e. mud flows). The area is designated as Zone M on the Flood Insurance Rate Map "
(FIRM).
Ba!;e Flood. The flood having a 1 % chance of being equaled or exceeded in any given
year (also called the "l00-year flood").
Flood or floodini. A general and temporary condition of partial or complete inunda-
tion of normally dry land areas from the overflow of flood waters, the unusual and
rapid accumulation or run-off of surface water from any source, and/ or the collapse or
subsidence of land along the shore of a lake or other body of water as a result of erosion
or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some s~y unusual and unforeseeable event
which results in flooding as defined in this definition.
Flood Boundal:]' and Floodway Map. The official map on which at the General Emer-
gency Management Agency or Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
Flood In..;urance Rate Map (FIRM), The official map on which the Federal Emergency
Management Agency of Federal Insurance Administration has delineated both the areas
of special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study. The official report provided by the Federal Insurance Ad-
ministration that includes flood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
FINAL DRAFT
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FP DISTRICT -19.16
Flnntlplain or f1nnt1-pmne area. The operation of an overall program of oorrective and
preventative measures for reducing flood damage, including but not limited to emer-
gency preparedness plans, flood oontrol works and floodplain management regulations.
Floodplain manavment. The operation of an overall program of corrective and preven-
tative measures for reducing flood damage, including but not limited to, emergency
preparedness plans, flood oontrol works and floodplain management regulations.
Floodplain manaV"'pnt rPgI1lation!l. Development rode, building rodes, health regula- ~ "'
tions, special purpose ordinances (i.e. grading ordinance and erosion oontrol ordinance) .
and other applications of police power. The term describes such state or local regula-
tions in any oombination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
Floodpmofini' Any oombination of structural and nonstructural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate or im-
proved real property, water and sanitary facilities, structures and their contents.
Floodw"f. The channel or a river or other waterCDurse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more the 1 foot. Also referred to as "Regulatory floodwa}t.
~
Functionally d~dent use. A use which cannot perform its intended purpose unlesS
it is located or carried out in close proximity to water.
HiiJ'est acljacent &rade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
LOwe!lt floor. The lowest floor of the lowest enclosed area (including basement). An un-
finished or flood resistant enclosure, usable solely for parking of vehicles, building ac-
cess or storage in an area other than a basement area is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable non-e1evation design requirements of this chapter.
Manufactured home park or subdivision. A parcel (or oontiguous parcels) of land
divided into 2 or more manufactured home lots for sale or rent.
Mean ~- level. For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood eleva-
tions shown on a oommunity's Flood Insurance Rate Map are referenced.
New construction. For floodplain management purposes, structures for which the
"start of oonstruction" commenced on or after the effective date of this Development
Code.
One hundred year flood. A flood which has a 1 % annual probability of being equaled
or exceeded. It is identical to the "base flood" , whi!=h will be the term used throughout
this chapter.
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FP DISTRICT -19.16
R2mec:ty a violation. To bring the structure or other development into compliance with
State or local floodplain management regulations, or, if this is not possible, to reduce
the impacts of its noncompliance. Ways that impacts may be reduced include protect-
ing the structun! or other affected development from flood damages, implementing the
enforcement provisions of this Development Code or otherwise deterring future similar
violations, or reducing Federal financial exposure with regard to the structure or other
development.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
~
,
~al flood hll7"Td area (SFHAl. An area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AD, AI-3D, AE, A99, AH, CO, CI-
V30, VE, or V.
Substantial irnprovpml'!nt. ' Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the structure either:
~ ----
~ ~ before the improvement or repair is started; or
r' .' if _the structure has been damaged, and is being restored, before the damage occurred.
'I For the purposes of this definition "substantial improvement" is considered to occur .
when the first alteration of any wall, ceiling, floor, or other structural part of the build-
! ing commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include either:
A.
any project for improvement of a structure to comply with existing state
or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions; or
J. ~
~v,J ~
"~J.<- B.
any alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
Violation. The failure of a structure or other development to be fully compliant with
the community's floOdplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance re-
quired in this chapter is presumed to be in violation until such time as that documenta-
tion is provided.
FINAL DRAFT
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FP DISTRICT -19.16
19.16.030 GENERAL PROVISIONS
1. This chapter shall apply to all areas of special flood hazards, areas of flood-
related erosion hazards and areas of mud slide (i.e. mud flow) hazards within
the jurisdiction of the City.
2 The areas of special flood hazard, areas of flood-related erosion hazards and .
areas of mud slide (i.e. mud flow) hazards identified by the Federal Emergency ~
Management Agency or the Federal Insurance Administration in a scientific and '.
engineering report entitled "Flood Insurance Study for City of San Bernardino
dated January 1979, with an accompanying Flood Insurance Rate Map is hereby
adopted by reference and declared to be a part of this chapter. This Flood In-
surance Study is the minimum area of applicability of this chapter and may be
supplemented by studies for other areas which allow implementation of this
chapter and which are recommended to the Council by the City Engineer.
3. No structure or land shall hereafter be constructed, located, extended, converted,
or altered without full compliance with the terms of this chapter and other a2-.
plicable regulations. Violations of the provisions of this chapter by failure to
comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a mis-
demeanor. Nothing herein shall prevent the City from taking such lawful action
as is necessary to prevent or remedy any violation.
4. This chapter is not intended to repeal, abrogate, or impair any existing ease-
ments, covenants, or deed restrictions. However, where this chapter and any
other code, ordinance, easement, covenant, or deed restriction conflict or over-
lap, whichever imposes the more restrictive restrictions shall prevail.
5. In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
6. The degree of flood protection required by this chapter is considered reason-
able for regulatory purposes and is based on scientific and engineering considera-
tions. Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazards, areas of flood-related erosion hazards
and areas of mud slide (i.e., mud flow) hazards or uses permitted within such
areas will be free from fl=or flood damages. This chapter shall not create
liability on the part of the ~ y officer or employee thereof, or the Federal In-
surance Administration, fo flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
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FP DISTRICf -19.16
19.16.040 ADMINISTRATION
1. A Flood Control Development Permit shall be obtained before construction or
development begins within any area of special flood hazards, areas of flood-re-
lated erosion hazards or areas of mud slide (i.e., mud flow) established in Section
,~.o30~119.*-4x). An application for a Flood Control Development Permit shall be
I~ . made on forms furnished by the City Engineer and may include, but not be
limited to: plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevation of the area in question; existing or proposed struc-
tures, fill, storage of materials, drainage facilities; and the location of same.
Specifically, the following information is required:
~
'.
A.
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; in zone AP or VO, elevation of
highest adjacent grade and proposed elevation of lowest floor of all struc-
tures;
B.
Proposed elevation in relation to mean sea level to which any structure
will be floodproofed; ~
All . 'fi' lis ed' Sectio 19~i~t~?of this ch d
appropnate certi cations t m n.. apter; an
c.
Description of the extent to which a watercourse will be altered or
relocated as a result of proposed development.
2. The City Engineer is hereby appointed to administer and implement this
chapter by granting or denying Flood Control Development Permits in com.
pliance with its provisions.
D.
3. The duties and responsibilities of the City Engineer, as related to this chapter,
shall include, but not be limited to:
A. PERMIT REVIEW
-.
1. Review all Flood Control Development Permits to determine that the permit
requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
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B.
4. The proposed development does not adversely affect the carry-
ing capacity of areas where base flood elevations have been deter-
mined but the floodway has not been designated. For purposes of
this Chapter, "adversely affects" means that the cumulative effect
. of the proposed developmeI\t when combined with all other exist-
ing and anticipated development will not increase the water sur-
face elevation of the base flood more than 1 foot at any point.
.1r,..03o~) .
When base flood elevation data has not been provided in compliance
with Section 19.-."",,(.(), the City Engineer shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available
from a Federal, State or other source, in order to administer Section
19.18(.les~y suc;h information shall be submitted to the Council for
adoption. . \10 . o~o
~
Whenever a watercourse is to be altered or relocated, the City Engineer
shall:
~
'.
C.
1. Notify adjacent communities and the California Department of
Water Resources prior to the alteration or relocation of a water-
course, and submit evidence of the notification to the Federal In-
surance Administration;
2. Require that the flood carrying capacity of the altered or relocated
portion of the watercourse is maintained.
D. Secure and maintain for public inspection and availability the certifica-
tions, appeals and varian~identified in Section 19.>8t.lIlSI()( II). .1I..o!Y(~)-'. s~
5 I'."..
E. Make interpretations where needed, as to the exact location of the bound-
aries of the areas of special flood hazards, areas of flood-related erosion
hazards or areas of mud slide (i.e., mud flow) (for example, where there
appears to be a conflict between a mapped boundary and actual field con-
ditions). The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in
Section 19.18(.>eel.
.\10.0'10
F. Take action to remedy violations of this Chapter as specified in Section
19.^^"""",{,Q.
.,'d""
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19.16.~ PROVISIONS FOR FLOOD HAZARD REDUCTION
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FP DISTRIcr -19.16
In all areas of special flood hazards the following standards shall apply:
L ANCHORING
A. All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure result-
ing from hydrodynamic and hydrostatic loads, including the effects of '.
buoyancy.
B. All manufactured homes shall meet the anchoring standards of Section
19.~~ \
.110.0 (IP).
CONSTR N MATERIALS AND METHODS
2.
A. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
B. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
C. All new construction and substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing and air conditioning equip-
ment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
D. Require within Zones AH, AD, or VO, adequate drainage paths around
structw'es on slopes to guide flood waters around and away from
proposed structures.
3. ELEVATION AND FLOODPROOFING
A. New construction and substantial improvement of structure shall have
the lowest floor, including basement, elevated to or above the base flood
elevation. Nonresidential structures shall meet the standards in Section
I ~. Ie.. ok)) (t..) l~.AA.^^,,~ Be!)(x). Upon the completion of the structure, the elevation of
5 the lowest floor including basement shall be certified by a registered
professional engineer to be properly elevated. The certification or verifica-
tion shall be provided to the City Engineer.
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B. New construction and substantial improvement of any structure in
Zone AH, AO, or VO shall have the lowest floor, including basement,
elevated above the highest adjacent grade at least as high as the depth
number specified in feet on the FIRM, or at least 2 feet if no depth number
is specified. Nonresidential structures shall meet the standards in Section
l 'I. 1~.O~) 19._11l1l~~)("). Upon the completion of the structure the elevation of
S the lowest floor including basement shall be certified by a registered
professional engineer, or verified by the building inspector to be properly ~
elevated. The certification or verification shall be provided to the City En-
gineer.
c. Nonresidential construction shall either be elevated in conformance with
Section 19.xx.xxx(x)(x)(x) or (x) or together with attendant utility and
sanitary facilities: Iii. \f".()~O(3)~)(~) .....(1))
1. Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
2 Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. The certifications
shall be provided to the City Engineer.
D. Require, for all new construction and substantial improvements, that
fully enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces on ex-
terior walls by allowing for the entry and exit of flood waters. Designs for
meeting this requirement must either be certified by a registered profes-
sional engineer or architect or meet or exceed the following minimum
criteria:
-
1. Either a minimum of 2 openings having a total net area of not
less than 1 square inch for every square foot of enclosed area sub-
ject to flooding shall be provided. The bottom of all openings shall
be no higher than 1 foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of flood
waters; or
2. Be certified to comply with a loca1'floodproofing standards
approved by the Federal Insurance Administration.
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S.
. Ll..o;io~.
Manufactured homes shall also meet the standards in Section 19.)8f.lIlBI( .
E.
4. STANDARDS FOR lITILmES
A. All new and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into
the system and discharge from systems into flood waters.
B.
On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
~
S. STANDARDS FOR SUBDIVISIONS
Applications for Tentative Tract and Parcel Maps shall contain the requirements
identified in Section 19.1et.l88l (ctontent and form) in addition to the following:
e.
1'i.4'&~ (</.'!>O
A. Identify the flood haZards area and the elevation of the base flood.
B. All Fmal Maps shall provide the elevation of proposed. structure(s) ana
pads. If the site is filled above the base flood, the final pad elevation shall
be verified by a registered professional engineer or surveyor and
provided to the City Engineer.
C. All proposals shall be consistent with the need to minimize flood
damage.
D. All proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood
damage.
E. All proposals shall provide adequate drainage to reduce exposure to
flood hazards.
6. STANDARDS FOR MANUFACTURED HOMES
All new and replacement manufactured homes and additions to manufactured
homes shall be constructed in the following manner:
A. Be elevated so that the lowest floor is at or above the base flood
elevation; and
B. All manufactured homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over-the-top and frame ties to ground
anchors. Specific requirements include:
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1. Over-the-top ties be provided at each of the 4 corners of the
manufactured homes, with 2 additional ties per side at inter-
mediate locations, with manufactured homes less than 50 feet long
requiring 1 additional tie per side;
2 Frame ties be provided at each comer of the home with 5
additional ties per side at intermediate points, with manufactured
homes less than 50 feet long requiring 4 additional ties per side; .
'.
3. All components of the anchoring system be capable of carrying a
force of 4,800 pounds; and
4. Any additions to the manufactured homes be similarly anchored.
19.16.060 FLOODWAYS
.'E>.o~(~)
1. Located within areas of special flood hazard established in Section 19.)Qt.'eet(~ are
areas designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris, potential projectiles,
and erosion potential, the following provisions shall apply:
Prohibit encroachments, including fill, new construction, substantial improve-
ments, and other development unless certification by a registered professional
engineer or architect is provided demonstrating that encroachments shall not
result in any increase in flood levels during the occurrence of the base flood dis-
charge.
.11o.O"OUl
2. If Section 19.^^~ is satisfied, all new construction and substantial improve-
ments shall comply with all other applicable flood hazard reduction provisions
of Section 19.)6(.x*'
.110. otf9.
19.16.070 MUD SLit:>E (I.E., MUD FLOW).-. PRONE AREAS
1. The City Engineer shall review permits for proposed construction or other
development to determine if it is proposed within a mud slide area.
2. Permits shall be reviewed to determine that the proposed development is
reasonably safe from mud slide hazards. Factors to be considered in making this
determination shall include but are not limited to:
A. The type and quality of soils;
B. Evidence of ground water or surface water problems;
C. The depth and quality of any fill; .
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D. The overall slope of the site; and
E. The weight that any proposed development will impose on the slope.
3. Within areas which have mud slide hazards, the following requirements shall
apply:
A.
A site investigation and further review shall be made by persons
qualified in geology and soils engineering;
'.
B. The proposed grading, excavation, new ronstruction and substantial
improvements shall not aggravate the existing hazard by creating either
on-site or off-site disturbances; and
C. The proposed grading, excavations, new construction and substantial
improvements shall not aggravate the existing hazard by creating either
on-site or off-site disturbances; and
D. Drainage, planting, watering, and maintenance shall not endanger slope
stability.
4. Within Zone M on the Flood Insurance Rate Map, excavation, grading and
drainage shall be ronstructed in rompliance with Chapter 70 of the Uniform
Building Code as modified by Municipal Code Sections 15.04.120 through
15.04.220. The following information shall be provided:
A. The location of foundation and utility systems of new ronstruction and
substantial improvements;
B. The location, drainage, and maintenance of all excavations, cuts and
fills, and planted slopes;
C. Protective measures including but not limited to retaining walls, __
fills, subdrains, diverter terraces, benchings, etc; and
D. Engineering drawings and specifications to be submitted for all rorrec-
tive measures, acrompanied by supporting soils engineering and geology
reports.
19.16.080 FLOOD-RELATED EROSION-PRONE AREAS
1. The City Engineer shall require permits for proposed constructiOI). and other
development within all flood-related erosion-prone areas identified within the
City.
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2. The permits shall be reviewed to determine whether the proposed site altera-
tions and improvements will be reasonably safe from flood-related erosion and
will not cause flood-related erosion hazards or otherwise aggravate the existing
hazard.
3.
II a proposed improvement is found to be in the path of flood-related erosion
or would increase the erosion hazard, the improvement shall be relocated or ade-
quate protective measures shall be taken to avoid aggravating the existing ,
erosion hazard.
~
'-.
19.16.090 APPEALS AND VARIANCES
1. The Commission shall hear and decide appeals and requests for flood control
variances from the requirements of this chapter.
A. The Commission shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination Inade by the
City Engineer in the enforcement or administration of this chapter.
B. In passing upon such applications, the Commission shall consider all
technical evaluations, all relevant factors, standards specified in other sec-
tions of this chapter, and;
1. the danger that Inaterials InaY be swept onto other lands to the
injury of others;
2. the danger of life and property due to flooding or erosion daInage;
3. the susceptibility of the proposed facility and its contents to flood
and the effect of such daInage on the individual owner;
4. the importance of the services provided by the proposed facility
to the City;
S. the availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
6. the compatibility of the proposed use with existing and antici-
pated development;
7. the relationship of the proposed use to the General Plan and flood
plain management program for that area;
8. the safety of access to the property in time of flood for ordinary
and emergency vehicles;
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9. the expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site; and
10. the costs of providing governmental services during and after
. flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water sys-
tem, and streets and bridges.
~
C.
Variances may be issued for the reconstruction, rehabilitation or restor-
ation of structures listed in the National Register of Historic Places,
without regard to the procedures identified in the remainder of this Sec-
tion.
'.
D. Generally, variances may be issued for new construction and substan-
tial improvements to be erected on a lot 1/2 acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the
base flood level, providing items 19.AX.>ee<(x)(-x}(x} through
11 II, 0"60 --t9 )g(.)Qg(~)(!t)(,O have been fully considered. ~ the lot size increases.
II.' beyond 1/2 acre, the technical justification ~~ for issuing the
variance increases. I". \10. o~ .
E. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result
F. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford relief.
G. Flood control variances shall only be issued if:
1. there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the
property, which do not apply generally to other property in the
same flood zone;
2. a determination that failure to grant the variance would result in
exceptional hardship to the applicant;
3. a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraor-
dinary public expense, create nuisances, cause fraud on or vic-
timization of, the public, or conflict with the Municipal Code.
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H.
r?
l~'\I,.O~O
I.
J.
K.
Variances may be issued for new construction and substantial improve-
ments and for other development n<<eseary for the conduct of a function-
ally dependent use provided that the provisions of Sections
19 - vvv{,..)x(x) through are satisfied and that the structure
or other development is by methods that minimize flood
damages during the base ood and create no additional threats to public
safety. I'!, I" .ogcl
-t.lW SA~";'.
Upon consideration of the factors in Se~1iot\ 19.M.^^^(^)(....J and the
purposes of this Chapter, the Commission may impose conditions to the
granting of flood control variances as it deems necessary to further the
purposes of this Chapter.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest floor
elevation below the regulatory flood elevation and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation. A copy of the notice shall be recorded by
the City Engineer in the office of the San Bernardino County Recorder and
shall be recorded in a manner so that it appears in the chain of title of the
affected parcel of land.
The City Engineer shall maintain the records of all appeal actions and
report any variances to the Federal Insurance Administration upon
request.
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HM DISTRICT -19.17
CHAPTER 19.17
HM (IULLSIDE MANAGEMENT OVERLAY)
DISTRICT
19.17.010 PURPOSE
The purpose of this overlay district 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, environ-
mental sensitivities, aesthetic qualities, and the public health, safety, and general wel-
fare.
~
'.
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.
"~
19.17.020 POLICIES
The regulations, development standards, and design guidelines set forth in this section
are based on the following policies:
1. To minimize the effects of grading and insure that the natural character of
hillside areas is retained;
2. To preserve the most visually significant slope banks and ridgelines in their
natural state by providing for low density development;
3. To encourage variety in housing types, padding techniques, grading techniques,
lot sizes, site design, density, arrangement, and spacing of homes and develop-
ments;. ..
4. To encourage innovative architectural, landscaping, circulation, and site design;
5. To discourage mass grading of large pads and excessive terracing;
6. 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; .
7. To take into account unstable slopes, or slopes subject to erosion and deteriora-
tion, in order to protect human lives and property;
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8. To encourage design and building practices to assure maximum safety from
wild fire hazard; and
9. To p. !Jerve visually significant rock outcroppings, native plant materials, and
natural hydrology.
19.17.030 APPLICABILITY
~
This District is intended to be the approximate location of the hillside areas along the "
foothills in the northern area of the Qty. The foothill area is defined as that area of 15%
or greater slope as shown on the General Plan Land Use Plan map on file in the Depart-
ment.
Areas of 15% natural slope or less along the external border of the District at the base of
the hillsides, as determined by the preparation of a slope map by a licensed civil en-
gineer, may be excluded from the density and development provisions of this section.
Those areas excluded shall revert to the underlying land use district density and
development standard provisions.
The standards contained in this section apply to all subdivisions, uses, and structures.
within the District and are in addition to those of the underlying land use district.
19.17.040 PERMIITED AND CONDITIONALLY PERMI1TED 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 required for all tentative tract and parcel maps and
non-residential uses.
19.17.050 CONDITIONAL USE PERMIT REQUIRED
A Conditional Use Permit, in accordance with the requirements of Chapter 19.;1 of this
Development Code,-shall be required for all applicable uses and structures permitted in
this overlay district except in-fill single family homes on existing lots of record which
will require a Development Permit.
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19.17.060 DEVELOPMENT STANDARDS
1. DENSITY
Notwithstanding the density allowed by the underlying land use district or the
amenities or Senior Citizen and Senior Congregate Care density bonus
provisions, 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 in--:-,
dicated below. "
Avera~ SIQpE! (%)
o to 15
15+ to 25
25+ to 30
30+ and above
Units Per Acre
2.0
1.0
0.5
0.1
(Note: For areas ~th an average slope above 40%, density tran~ is encouraged.) /
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 per-
mitted based upon compliance with other hillside development and grading re:-
quirements.
2. DENSITY TRANSFER
Within a project, in the Hillside Management Overlay District, a density transfer
may be granted when permitted development is transferred from one slope
category to a lower slope category. In consideration for such a transfer of
development, the allowable density of the lower slope category may be in-
creased by 50%. For example, if density / development is transferred from the
25% to 30% slope category (from the above table) to the next lower category
(15% to 25%), the allowable density of the lower category, 1.0 dwelling units per
acre, may be increased to 1.5 units per acre. Similarly, if development is limited
from the 3O'lIr-and above slope category and transferred to the 0% to 15% slope
category, the allowable density may be increased by 50%, or from 2 units per acre
to 3 units per acre.
In no situation shall the total number of units permitted for any project exceed
the number of units that would have been permitted without any transfer of den-
sity.
A project may transfer density outside the Hillside Management Overlay Dis-
trict, if the project area is included in a Sped.fic PIan. A General Plan Amend-
ment may also be necessary.
Areas from which density is transferred shall be restricted from future develop-
ment in an appropriate manner. .
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3. MINIMUM PARCEL SIZE
No absolute minimum parcel size, widths and depths are specified.
4. SIrrBA.nc~
Front, side, and rear setbacks shall be determined based upon the precise
development plan and environmental studies and in conformance with FF
(Foothill Fire Zones) Overlay requirements.
s. BUILDING HEIGHT
~
'.
1.
Applicable only to in-fill single family residential construction of more than X
story on existing lots of record, if there is a grade separation of more than 8 feet
and less than 20 feet between the average level of the lot proposed for construc-
tion and the imm~ately uphill lot.
A. The maximum height of a proposed structure shall not exceed the mid-
point of the structure on the immediately uphill lot.
B. 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.
C. "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 measure-
ments required by this section shall be made against the lower lot.
D. "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, ventilating fans, or similar equipment required to operate and main-
tain tl1e building and fire or parapet walls, skylights, towers, flagpoles,
chimneys, smokestacks, wireless and television masts, or similar struc-
tures.
E. Nothing in this section shall be construed to allow the height of a
structure, including a single family residence, to exceed that allowed in
the underlying land use district, or to prohibit a single story residence.
6. INGRESS AND EGRESS
A tentative tract or parcel map shall provide for at least 2 different standard
routes for ingress and egress. Standard ingress/egress road is a route which is
dedicated to the City and has a minimum paved width of 24 feet.
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7. STREET STANDARDS
Streets in this overlay disbict shall conform to the following standards:
C.
D.
E.
F.
G.
H
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A
Local hillside street standards shall.be used to minimize grading and
erosion potential while providing adequate access for vehicles, including
emergency vehicles. The right-of-way shall be 48.5 feet with 40 feet of
paved width and parking on both sides and a sidewalk on 1 side.
Streets shall have a paved width of 32 feet with parking and sidewalk on
1 side of the street only and right-of-way of 40.5 feet, subject to review
and recommendation by the Fire Chief and the City Engineer, with ap-
proval by the Commission.
Grades of streets in the hillside management areas shall be as provided
in this sub~on, unless otherwise approved in writing by the Public Ser-
vices, Fue, and Public Works Departments. Hillside collector and arterial
streets shall not exceed 8%. Hillside residential local streets shall not ex-
ceed 15%.
'-
~
B.
Minimum horizontal curve of streets shall be in accordance with Caltrarls
computational methods using design speed estimated by the Public
Works Department.
One way streets may be permitted where it can be shown that they
reduce the overall amount of cut and fill required.
Cul-de-sacs to a maximum of 7SO feet in length ma~'tted with a
maximum of 30 dwelling units, and to a maximum feet in length
with a maximum of 20 dwelling units and shall e with a turn
around area not less than 40 feet in radius to curb face.
t
Sidewalks on only 8M side of a street may be permitted in hillside areas
subject. to the approval of the City Engineer.
All other street improvement standards shall conform to the standard
plans and specifications of the City Engineer.
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HM DISTRIcr -19.11
19.17.070 DEVELOPMENT PERFORMANCE STANDARDS
The following minimum performance standards are required for any development
within this Overlay District. Necessary information shall be provided with the Con-
ditional Use Permit application as prescribed in Chapter 19.;pc'to determine compliance
with these standards. '3 ~
1.
SOILc;/GRADlNG
~
A. Grading of any site shall conform to the following grading standards,
based upon the percent of the natural slope. The City Engineer shall
review and make recommendation to the Planning Commission on the
proposed grading.
1. 0-15%. Redistribution of earth over large areas may be permitted.
'.
2 15+ - 25%. Some grading may occur, but landforms must retain
their natural character. Padded building sites may be allowed, but
custom foundations, split level designs, stacking and clustering is
expected to mitigate the need for large padded building areas.
3. 25+ - 30%. limited grading may occur, however, major
topographic features shall retain their natural landforms. Special
hillside architectural and design techniques are expected in order
to conform to the natural land form, by using techniques such as
split level foundations of greater than 18 inches, stem walls, stack-
ing and clustering.
4. ~reater than 3O~Development and limited grading can only occur in
this category if it can be clearly demonstrated that safety, environ-
mental, and aesthetic impacts will be avoided. Use of larger lots,
variable setbacks and variable building structural techniques such
as stepped or pole foundations are expected. Structures shall blend
with the natural environment throl,l.gh their shape, materials and
colors. Impact of traffic and roadways is to be minim~ by fol- V-
lowing natural contours or using grade spnlf: . a.. 5'e"jO~r...{; <"'1.> '
B. Grading shall be designed to:
1. Conserve natural topographic features and appearances by means
of land sculpturing to blend graded slopes and benches with
natural topography.
2 Retain major natural topographic features such as canyons and
prominent landmarks.
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~DIST1UCT.19~7
C.
All graded areas shall be protected from wind and water erosion through
acceptable slope stabilization methods such as planting, walls, or netting.
Interim erosion con~l~ shall be required, certified by the project en-
gineer, and reviewed WproVed by the Public Works Department.
Slopes created by grading of the site shall not exceed 50 percent or 2:1,
without a soils report and stablization study indicating a greater permis-
sible slope; or shall not exceed 30 feet in height between terraces or
benches; except that the Planning Commission may permit slopes exceed-
ing these dimensions where the slopes will result in a natural appearance
and will not create geological or erosion hazards.
'.
D.
~
UNACCEPTABLE
\ \ \ UNNATURAL J / /'
\ \ vi.~~!:// / / /
\~;\ \\~+;'1J///
\Ll--L~""; W
\ ~----r7'""" ,
\ \ , ,_/ I I I
\ \ ',__/ / I
, ' / I STANllARD CUT
'- / / INTO NOSE
\ - - ..... OR RIDGEUNE
'- //
- -
UNACCEPTABLE
REGULAR SLOPES
SHARPC\IT
. " ......,.
PREFERRED
PREFERRED
\\\::..-;,J,j ///j/
~\/\\~~ J~'J
(N~~I /,
\ \ ,- ~--..-~II RDUND_
I "\'-'t~ __ CUT EDGES
\ ' -II J TOCDN,.,.UTO
\ "..... /' '11fE NATURAL GRADE
\ - / /
, '- ./ /
......-- /
\ ,/
.....----
VARIED SLOPES
SMOOTH CUT ..
.:.
U-202
3191
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11M DISTRICT -19.17
2. PUBLIC SAFETY
A FIRE SAFETY
All developments in this overlay zone shall comply with the standards of
the FF (Foothill Fire Zones) District. In the course of the review for a
project in this overlay zone, the Oty will be reviewing each project to .
determine compliance with fire safety standards. The standards cover J
such itemsgs )but not limited to: . I '.
1. Number of access points and street designs for each development;
2 Driveway lengths and widths;
3. Distances between dwellings;
4. Fuel modification plan;
7.
Water flow and fire hydrant requirementsX j
"i
,
Fire retardant building materialst '). .:
Residential sprinkler requirements as provided in the Foothill Fue
Zone Overlay standards,
/
5.
6.
B. GEOTECHNICAL
1. Any subdivision within the Alquist-Priolo "Special Studies Zone"
shall conduct a geologic study in conformance with the require-
ments of the Zone. This study shall be prepared by a certified en-
gineering geologist.
2 No structure for human occupancy shall be permitted within 50
-feet of an active or potentially active fault trace. Sensitive and high
occupancy structures as defined in the general plan shall maintain
a minimum 100 foot setback.
3. No emergency facilities, community facilities, or places of general
public assembly (not including open space areas) shall be per-
mitted within the Alquist-Priolo Zone.
4. 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.
5. The Building Official may require special construction methods
of structures where it has beerr determined to have potential
geologic hazards.
ll-2Q3
3191
FINAL DRAFI'
. .., 8M DISTRICf -19.17
,:;vt;t;k ~~~
, ~ ~ tA.... ~ '-1".,
A statement shall be included .. 'I .1 11 1 . Ii ier ea ot ~. +Ju
the development, which informs the prospective owner of the ~
potential for seismic activity, and the potential hazards. ~
3. WATERlDRAINAGE
6.
A. 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 pro.. ~
vide for ground water recharge.
B. Natural drainage courses should be protected from grading activity.
C. Where brow ditches are required, naturalize with plant materials and
native rocks.
D. Maximum coverage of a parcel by impervious surfaces shall not exceed
40% of the gross land area, and such maximum may be reduced by the
Director in areas where the slope exceeds 15%.
4. ANIMAL AND PLANT LIFE
A. Areas of a site which are identified in the environmental study as having
biological significance shall be d;=~~ ~ ~i-.J1l lIy exempted by . d
the@__....a. f>~ ~~(!".... ~., "1"
'14t.. ~ ~r
B. Natural vegetation shall be maintained wherever possible. If removal is
required, reestablishment of a compatible plant material will be required
at a ratio of at least 2:1.
C. All exposed slopes and graded areas shall be landscaped with ground
cover, shrubs, and trees.
D. Existing mature trees shall be incorporated into the project where feasible.
"
....
"
...
~raded lIope. to be leplanted
- _ wtth natty. or naturaUZed
..... " plant materials.
,
"
---
FINAL DIlAFI'
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HM DISTRICT -19.17
E. Water and energy conservation techniques shall be utilized, such as
special irrigation techniques (e.g., drip irrigation), drought tolerant plant
species, alluvial rockscape, etc.
F. Wherever possible, fire resistant native vegetation shall be preserved
and planted.
G. Introduction of landscaping within the hillside areas should make
maximum use of texture, color, and be capable of blending in with the
natural landscape, and help to soften the effects of buildings, walls, pave-
ment, and grading.
H. Screening along roadways should make maximum use of berming and
landscaping but shall not interfere with sight distance.
5. DESIGN
A. Dwelling units and structures shall be compatible with the natural
surroundings of the area and shall not dominate the natural environment.
B.
Exterior finishes of dwelling units and structures should blend in with
natural surroundings by using earth tone colors and avoiding reflective
materials or finishes.
,
C. Site design should utilize varying setbacks, building heights, innovative
building techniques, and building and wall forms which serve to blend
buildings into the terrain.
FlLTEft!DYlIWS
~-----
- --
..
. .
. "( LAND~CA~Ci TO SCRm'.'
. DRAINAGE SYSTEU
LOCAn PLANT MATERIAL
IN SWALES TO SIMUI.ATE
. THE NATURAL CONDmoN
FINALDRAFT
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8M DISTRICT -19.17
D. Dwelling units and structures shall be sited in a manner that will:
1. Retain outward views from each unit;
2. Preserve or enhance vistas, particularly those seen from public
places;
3. Preserve visually significant rock outaoppings, natural hydrology, ~
native plant materials, and areas of visual or historical significance. '.
E. The highest point of any structure shall not be located above the
ridgeline. A ridgeline is a long, narrow, conspicious elevation which is
visible north of Highland Avenue, from a freeway, major arterial, secon-
dary arterial, or collector street, which forms part of the skyline or is seen
as a distant edge against a backdrop of land at least 300 feet horizontally
behind it. (~graphic.) I
'7
1. Use the natural ridgeline as a backdrop for structures;
2. Use landscape plant materials as a backdrop; and
3. Use the structure to maximize concealment of cut slopes.
ST'IilUCTuIlr IHCM.O'AU. laow
Tc. (HI IUDGlalYATIOH
......_......TO__ )
_ :~~~:a~_,
. ..L ____
USI LAHDICA...I!'LAfIT ....nNAL AS
A IU~1Hf Oft IUIS11TUTI~"
RlDGIUNII.&CKOIIOIII . ItlDQI IS a....DG.
(N~~
r;o/~,~ -to,. ,.;~~;:;,f'
/~e''''' ;',r~. ~.. "f!.Ar /,,~~.)
FINAL DRAFT
D-206
3191
~
.
Mountain backdrop
.
G.olo,lca' I.atur.. promln.nt rld,a
/
-
...........
-........
Promln.nt ,.010,lcal I.atur. "i.lbl. a.
· dl.tinct .d,. a,aln.t a backdrop of
land which i. 300' or more horizon tall,
b.hlnd it a. "I...d from a major art.rlal.
..condar,. or coll.ctor .tr..t .
- ------..--. .-----
........
~---
.:::::- '::"..
.-::::-~
-~
-...
I
Alluvial fan
(Graphics to be aecad to graph~cs
on Page 11-206)
f
"alor arterial.
.econdar,. or
collector
.111
.
.
HM DlSTRICI' -19.17
F. Retaining Walls/Fences
1. Retaining wa1ls shall be used in the following manner:
. Upslqpe - One wall per lot not exceeding 8 feet in height.
Downslqpe - One wall per lot not exceeding 42 inches in height
may be used.
~
Lots slopini' 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.
Retainini' walls actjacent to drivewl\YS - Walls being an integral
part of the structure may exceed 8 feet in height if necessary.
2 Expoged retaining walls facing roadways shall be no greater
than 5 feet in height.
3.
Where retaining walls face roadways, they shall be faced with
aesthetically pleasing materials ~, rock facing). ;/
l.S'
CONDITIONAL USE PERMITltEf2JH1U'D -P~t?c~N'c,
19.17.080
1. PROTECT INmATION
To initiate a project on any parcel within the HM Overlay District, the property
owner(s) or assignee(s) shall submit a Conditional Use Permit Ayplication to the
Department in accordance with the provisions of Chapter 19.)e(.
3lf
The Commission shall have the responsibility for review and approval of said ap-
plications, except that the Director shall review and act upon all Development
Permits for single family residences on existing lots.
FINAL DRAYI'
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HM DISnuCf -19.11
2. CONTENTS OF THE APPLICATION
An application for a Conditional Use Permit within the HM Overlay District
shall include the following:
A. A topographic map of the project site and land and structures within 100
feet of the lfoject boundaries. The map shall be drawn to a scale of not
less than _inch equals 100 feet with a maximum contour interval of... 10
feel The maximum contour interval shall be 5 feet where terrain has a ~
slope of less than 25%.
B. 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 ap-
proximate trunk diameter, base elevation, height, and condition. No such
trees shall be removed without prior written approval of the Commission.
C. A site or plot plan of the proposed project, including representations of
property lines and recorded and proposed easements and public rights-oi-
way. Existing structures within 100 feet of the site shall also be shown on
the site or plot plan.
D. A preliminary grading plan for the project, drawn to the same scale as
required above.
E. Colored maps of existing and final slope, based on the following slope
categories: 0-15%; 15+-25%; 25+-30%; 30+% shall be shown using contrast-
ing colors.
F. Sections or elevations of the proposed project. Plans shall indicate those
residences which may be affected in terms of view obstruction.
G. A soils engineering report including data regarding the nature, distribu-
tion and strengths of existing soils, conclusions, and recommendations for
grading procedures, 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 practice of soil mechanics
and registered with the state of California.
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.
. . . HM DISTRICf -19.17
H. Any subdivision in Alquist-Priolo shall provide a geology report includ-
ing the surface and subsurface geology of the site, degree of seismic
hazard, conclusions and recommendations regarding the effect of geologic
conditions on the proposed development, opinions and recommended
design criteria to mitigate any identified geologic hazards. This investiga-
tion and report shall be performed by a professional geologist ex-
perienced in the practice of engineering geology and registered with the
state of California.
A hydrology report which shall include areas of possible inundation,
downstream effects, natural drainage courses, conclusions, and recom-
mendations regarding the effect of hydrologic conditions on the proposed
development, opinions and recommendations 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 Bernardino County Flood Control District criteria. This inves-
tigation and report shall be prepared by a registered civil engineer ex-
perienced in hydrology and hydrologic investigation.
J. A preliminary landscaping plan showing disposition of existing trees,
and the type and extent of proposed vegetation.
I.
K. The applicant may be requested to submit a scaled profile model or an
isometric drawing depicting any or all of the site proposed for develop-
ment. The developer may be required to submit photographs of the site
showing the proposed development and its effect.
L. Covenants, conditions, and restrictions (CC&R's), including but not
limited to development plans, common area and slope maintenance,
private area landscaping and maintenance shall be submitted and ap-
proved prior to the recordation of a final tract map.
M. Other information or application materials as may be deemed necessary
or desirable by the Director.
3. MODIFICATION OF SUBMrITAL REOUlREMENTS
The requirement to submit any or all of the materials enumerated above may be
varied by the Director under the following conditions:
A. Recently completed and satisfactory reports oovering the same subject
matter of the same site already in existence; or
. FINAL DRAFI'
D.2Q9
3/91
'.
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HM DISTRIcr -19.17
B. Some or all of the above reports are included as part of an approved
Environmental Impact Report or Negative Declaration; or
C. The reports described in 1. and 2. above were previously prepared for a
site in close proximity to the project and such other site possesses similar
characteristics to the subject project lot or parcel.
4. EVALUATION OF CONDmONAL USE PERMIT APPUCATlON
~
'.
The Commission shall evaluate the Conditional Use Permit Application based on
the following criteria:
A. In general, the project shall be designed to fit the existing topography;
the site shall not be graded to accommodate the project.
B. The proposed density does not exceed the maximum allowed density.
C. Final contours and slopes shall generally reflect existing landforms; in
particular, building pads and terraces interspersed with slopes shall not
be created and ridgelines, knolls, and significant tree masses shall be main-
tained. '
D. The proposed development seeks to avoid significant intrusion(s) into .
the views from adjoining up-slope residences.
E.
Views from public open space areas, rights-of-w& and other public
places and of major public open space areas are~ not significantly af-
fected.
./
F. Wide pads or level areas are not created to accommodate roads. Roads
should be fit into the existing topography; on~way roads may be
preferred over two-way roads to reduce grading, and on-street parking
should be parallel to the road, not perpendicular.
G. Buildlngs, parking, carports, and landscaping shall be arranged so that
view corridors from downslope lots are created.
FINAL DRAFT
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HM DISTRICT -19.17
19.17.090 APPLICABLE REGULATIONS
6
7.
8.
9.
10.
~
'.
FINAL DRAFT
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HP DISTR.ICT -19.18
CHAPTER 19.18
HP (HISTORIC PRESERVATION OVERLAY) DISTRICT
This section reserved for future ordinance.
~
'.
~
nOm
3191
FINAL DRAFT
.
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MS DISTRICT -19.19
CHAPTER 19.19
MS (MAIN STREET OVERLAY) DISTRICT
19.19.010 PURPOSE
The purpose of this overlay district is to provide a comprehensive set of development
standards to be applied within the City's downtown area. These standards are .
provided for the continuance and enhancement of the historic downtown area as the
functional and symbolic center of the City.
This District is established in order to achieve the following objectives for the City's
downtown:
~
"
1. Generate pride and confidence in the downtown area.
2. Create an attractive' environment which is active throughout the day and evening.
3. Maintain a consistently high level of design quality.
4. Encourage pedestrian activity by creating a positive pedestrian experience.
J
5. Protect property values through quality control.
19.19.020 APPLICABILITY
This District is an area bounded by the north property line of the parcels on the north
side of 8th Street on the north, the centerline of Rialto Avenue on the south, east right-of-
way of 1-215 on the west, and the east property line of parcels fronting on the east side
of Sierra Way on the east. l' 'Jt r'.e$
4~ Ilt~I~" ~.. .
The standards contained in this section apply to all uses~structures within this Dis-' .
trict and are in addition to those of the underlying land district. In addition, the
commercial design guidelines (Section G19.06) also apply to projects within this District
where applicable. Further, the "Main Street Design Guidelines Manual" provides addi-
tional guidance for developers of projects within this District. The manual must be con-
sulted by project proponents prior to submitting development plans for review. If there
is inconsistency between the requirements of this Development Code and the Main
Street Design Guidelines Manual, tftisDevelopment Code requirements shall prevail. /
-tIItse
D-213
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.
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MS DISTRICT -19.19
19.19.030 PERMITIED AND CONDmONALLY PERMITIED USES
Uses permitted or conditionally permitted within this District shall be the same as those
for the underlying land use district.
19.19.040 DEVELOPMENT STANDARDS
1. SETBACKS
A. The first 2 floors of any building in the Main Street Area must be built at
the property line or provide a hardscaped plaza (for up to 50% of build-
ing face) between the building face and the front property line. If it can be
demonstrated by the project proponent that the above configuration
causes undo hardship due to "special circumstances", the City may re-
quire that only 50% of the building face be located on the front property
line.
B. Pedestal buildings (buildings with the first floor set back from the front
property line while upper floors project out to the front property line) are
prohibited.
Majority or BuUclinS
Wall Located On
Front Property LiIIe.
Up To SOft or Major
BuUclinS Facade
May Be Set Back
From The Property
Lille.
Plaza Area Created
In The BuUclinS.s
Setback Area.
FINAL DRAFT
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.
MS DISTlUCT -19.19
C. Awnings, trellises and other accessory building structures which are
relatively open and do not restrict pedestrian or vehicular movement may
project into the front right- of-way. Permanent building canopies are not
included in this category.
D. Any building located at a comer intersection shall incorporate architec-
tural features at the ground floor which emphasize the importance of
pedestrian movement. These features may include building cut-offs,
walk-through covered arcades, trellis structures, and other elements
which focus visual interest on the comers.
E. Where appropriate, new buildings must set back their comers at intersec-
tions to create pedestrian plazas as well as improve visual sight lines for
vehicles. The comer setback minimum dimension shall be 10' from the
comer. (see graphic)
Oip Back Building Comer
FTo~dem~tingAJ~y
Design Between Buildings.
Tower Feature Permitted At
Comer.
No Setbaclcs Are Required At
Front Property Lines.
Pedestrian Cutoff At Comer.
BUILDING CORNER. TREATMENTS
FINAL DRAFT
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--------- ----.-
.
.
MS OISTRICI' -19.19
2. PARKING ORIENTATION
A. Parking lots and structures shall be located as much as possible to the rear
of buildings.
B. Locating parking lots between the front property line and the primary
building storefront/ entry is specifically prohibited.
c. Vehicular entry points to parking lots shall receive special paving accents
where the drive crosses the public sidewalk.
D. Off-street parking facilities shall be designed so that a car within a facility
will not have to enter a street to move from one location to any other loca-
tion within the same parking facility.
fD)
SPECIAL ACCENT PAVING
,
LOCATE PARKING
AT IlEAIl OF BUILDINGS
FlNALORAFr
n-216
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,.
~
.
.
MS DISTRICT -19.19
3. PLA7A PROVISIONS
Front setbacks are allowed at the ground level if the area is designed as a
pedestrian plaza. To qualify as a pedestrian plaza, the following minimums
shall be ina>rporated into its design.
A.
B.
c.
D.
Minimum size: 10' deep and the width of the entire building storefront or
650 sq.ft.
Paving: A minimum of 80% of thtrShall be paved in a decorative
paver or textured, colored conae' halt paving is prohibited as a
plaza paving material.
Landscaping: Landscaping is required per Chapter 19.?{
/"11\..0.....'<;
Walls: An otltionallow wall (max. 30"'high) which allows people to sit
on it, may be located on the property line for restaurants or other uses
utilizing the plaza for active retailing or other entertainment use. The
wall may not extend for more than 80% of the building frontage 1_ Iir __
~
'-
4. STREETS CAPE IMPROVEMENTS
Developers of new projects or rehabilitation projects with a value above 50% of
the current assessed value of the property are required to reimburse the City for
streetscape improvements made within the public right-of-way adjacent to their
property. Said projects shall be assessed a1based on the number of lineal feet of
street frontage of the project. ..r e,e-
The' ,. fee shall be assessed in accordance with the fee schedule established
by resolution of the Mayor and Council and filed in the office of the City Cerk.
5. ARCHITECTURAL DESIGN (GENERAL)
A. Storefront construction shall be minimum of 60% transparent with a
maximum of 85% transparency.
B. Upper story street wall construction shall be a minimum of 35%
transparent.
C. Blank, solid end walls or side walls visible from public view shall be
avoided. If such walls are necessary for interior reasons, the structure
wall shall receive some form of articulation or "add-on" elements such as
awnings, cornice bands, etc.
D. The facades of adjacent structures shall be considered in the design of new
projects to avoid clashes in architectural style and materials.
-- . i' . 1 .
e. ..~__...l_ __ __ - I.'
FINAL DRAfT
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MS DISTRICT -19.19
E. Acceptable Materials:
Bulldinr Walls
. clear glilss, glilss block
. anu:rete or plaster (lightly truweled or sand finish)
. cast iron
. new or used face-brick, terra-cotta
. cut or CllT'Ded stone
. lKUced enamel metal panels
. clJlpboard where approprillte (limited)
. ceramic tile
~
'.
Roofs (where visible)
I . flat concrete or clay tiles
) . slate or sUite appearing substitutes
: . standing seam metal roofs (not batten)
\... class "a" cU"'f""'ition shingles
Fen~/Wal1~ Gates
~ :
! .
.
~
concrete or plaster with smooth or lightly textured surface
wrought iron
split face block
new or used face brick, cut or caroed stone
F. Prohibited materials:
Building Walls
J
) .'. highly reflective glilss
imitation stone or flagstone parquet
imitation T1IIISO'nT'J of any kind
. corrugated fiberglass
. imitation wood siding
. coarsely finished, "rough-sawn" or rustic materiJlls such as wood shakes,
shingles, barnwood, bciizrd and batten, and rough-sawn
. poorly-crafted or rustic wood-working and finishing techniques
. 'antiqued" or imitation old brick
. mottled or light-colored 'CHlTiegated brick, O'lJeTSize brick and white brick mortar
. astra-turf ,
. materiJlls with a glossy or reflective finish such as glass or polished marble
, should not be used as the dominant facade material.
FINAL DRAFT
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3191
r
.
~
~
Rnnk (where visible)
f. c:rusMd stone
. exposed corrugated metal or plastic
. cedar shake
. brightly colored tile (orange, blue, etc.)
Fences IWall~ I Gates
. concrete block, whether colored or unfinished
. chain link or "cyclone" fences
. rough sawn or natural wood
. split rail
.'
MS DISTRIcr -19.19
~
'.
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MS DISTRICT -19.19
6. CANOPIES AND AWNINGS
A. Canopies and awnings must respect the style and character of the
structure on which they are located, particularly in the material and color.
B. The highest point of a canopy or its superstructure shall not be higher
than the midpoint of the space between the second story window sills and
the top of the first floor storefront windOw, awning, canopy, or transom.
The purpose of this requirement is to leave a comfortable space between
the top of the canopy and the windows, trim, and other architectural ele-
ments.
C. Canopies are encouraged to shelter all openings of each building from
sun and rain at the bottom floor. Awnings are allowed on upper floors.
D. The minimum height of a canopy or a sign hung from a canopy shall be
8'-0" from the lowest point to the sidewalk.
_A.......... LoworLno1
II~--
BulIdlIls Fonn.
EilaNIIpd
A.......JnScllle
With Facade.
-pi
FINAL DRAYI'
_A""'" AI Lowor
LnelIlNoIC_
WlIh_
BuikIlIlI Fonn.
~pi
A.......DoIIIiJla..
Facade.
DUcowapd
II-220
'1l'9&- J/ Iff
.
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MS DlSTRICI' -19.19
7. DOORS AND WINDOWS
A. The design and location of doors and windows must consider the
architectural tradition of the historic downtown area. Use simple wood
and glass doors and windows of traditional design. If aluminum is used,
it shall be simple in design with a dark anodized or baked enamel finish.
B. Only clear glass (88% light transmission) may be used on the first floor.
Tmted glass allowing a minimum of 50% light transmission will be con-
sidered only for use in second floor windows and above and on an in-
dividual case basis. The use of reflective glass is prohibited on the first
three floors (or equivalent>.
C. Storefront windows must be as large as possible while maintaining height
standards for bulkheads. Maximum bulkhead heights for new construc-
tion shall be 42 inches. Minimum bulkhead heights shall be 24 inches. Ex.
isting buildings are encouraged to retrofit within height range.
D. Replacement windows must always fill the entire opening and duplicate
the original patterns.
E. Security grilles, either fixed or sliding, are prohibited on the exterior of
doors and windows on the fronts or sides of structures adjacent to streets.
If such security systems are justified they must be placed on the interior of
the building a minimumpf 24 inches behind windows and doors. 5et! v/'d(
~ ri II,s 4re In/o;b;W 6/ "fl... &It'f',r,,;" (!.,/.. ,rl' Re~"I. I-i,,,s ~r t7rt~
/4. '~"oIf"lJe;llS I. ,stJeIt.$: I'IIe.A-f.III.",'t.ls, J"s,,;-I~/$ A..",.s f.r .~'" ~'I/"'I"'s
h r ."tI,"1IIt,,,,s 'Sc.lle,,(s; .,,/ ""t t~~r", ..t.."4.~ ~1111,,'6~ rlnkj."",'i"""'''/(I/!1\
"", '., '. II ,.,,,,),n,. 1..11 (1,..../01- dv6 .t.,,;.. b"'/.I,;'#.~; ,siM,I.r pl.... ..f ..u",jl.;".
. '5'5'...... y~. I J I oJ.' ~ eJ'1fe
wit ere. S' H' ~.r(!. S.ns '"~ -'I e.r T~' r.
ORIGINAL WINDOW
UNACCEPTABLE
UNACCEPTABLE
FINAL DRAFT
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MS DISTRICT -19.19
8. LIGHTING
A. Ughting is an integral part of the downtown design concept and a major
element in creating a unique, safe, and exciting night-time ambience. All
exterior lighting shall be designed as part of the overall architectural con-
cept. Fixtures, standards and all exposed accessories shall be harmonious
with the building design, the lighting design and hardware of the public
spaces, and the overall visual environment of the downtown. Obtrusive
appearance of their setting should be avoided.
B. Night lighting of buildings shall be selective and focused; overall ambient
lighting of buildings is not desirable. Rather, lighting should highlight
entrances, dramatize special architectural features, keynote repeated fea-
tures, and use the play of light and shadow to articulate the facade. The
creative use of lighting to accomplish these ends is strongly encouraged.
The lighting of signs themselves will playa significant role in the
nighttime visual environment.
C. For safety, identification and convenience, entrances of buildings and
parking areas shall be well illuminated.
D.
Vestibules created by recessed entries shall be illuminated by downlights.
,
E. All show window areas shall be adequately lighted employing concealed
or baffled sources which will not create glare or uncomfortable visual con-
ditions for pedestrians.
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PROPERTY D.PM1!NT STANDARDS .19.20
ARTICLE III - GENERAL
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.010 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.
19.20.020 APPLICABILITY
Any permit which authorizes new construction or modifications to an existing structure
in excess of 25% of the structure floor area shall be subject to the standards set forth ui
~~~ i
!
19.20.030 GENERAL STANDARDS
No permit shall be approved unless it conforms to all of the following standards set
forth in ~ Chapter:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Access
Additional Height
Restrictions
Antennae, Vertical & Satellite Dish
Design Considerations
Dust and Dirt
Environmental Resources/Constraints .
Exterior Building Walls
Fences, Walls and Hedges
rue Protection
Fumes, Vapor and Gases
Glare
Hazardous Materials
Height Determination
(Buildings and Structures)
Ughting
Noise
16.
17.
18.
Odor
Projections into Setbacks
Public Street
Improvements
Radioactivity
Refuse Storage/Disposal
Screening
Signs, Off-Street Parking, 00-
Street Loading and Landscaping
Solar Energy
Storage
Toxic Substances
Undergrounding Utilities
Vibration
19.
20.
21.
22.
23.
24.
25.
26.
'17.
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PKOPEKTY D~PMENT STANDAllDS .1!J.20
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 stand-
ards and design guidelines located. in the specific land use district chapters.
1. A("ntClQ
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 a81eement.
2. ADDmONAL STRUCTURAL SFI'BACK RESTRICTIONS
Where the maximum permitted. height of a new structure exceeds 35 feet, the fol-
lowing provisions shall apply:
A
B.
C.
D.
E.
~
'\,
Enhanced b~ering to surrounding properties and the appropriateness of
understructure parking shall be evaluated.
A visual analysis relating structure proportions, massing, height ,
and setback shall be conducted to preserve and enhance the scenic vil'
shed.
The need and appropriateness of the additional height shall be' ,'" .
demonstrated.
Compatibility and harmony with surrounding development, and
land use designations shall be demonstrated.
Above 35 feet, additional structural setbacks (step back) may be required.
3. ANTENNAE. VERTICAL AND SATELLITE DISH DESIGN STANDARDS
All antennae, including portable units, but exempting residential satellite dish in-
stallations which are 10.5 feet or less in diameter, 12 feet or less in height, located.
"r' r....~"l in the rear yard, an?:ue ground mounted; and, exempting ~idential single-pole tJr 10.....
.j ~ lOOPmounted. televwo tennae where the boom or any active element of the
antenna array is can feet less and the height does not exceed ~ feet, shall be in-
stalled in the following ~.,,. I .
ff A.IIM: T-.,. "'~~/O
fINAL DRAFT
A The subject location shall conform to all standards of the land use
district in which it is proposed.
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B.
C.
D.
E.
.
PROPERTY D~l'MENT STANDARDS -19.20
The antennae shall not be located in the following areas:
1. Front setback;
2. Street side setback;
3. . On any structure, unless architecturally screened and approved by
the Planning Commission. The screening restriction on antennae
may be modified by the Commission, if there is no alternative to
maintain line of sight clearance for satellites or~radio antenrias.
~t:t!+t-r ~
The maximum overall height for a ground mounted antennae shall be~'
feet above grade.
The operation of the antennae shall not cause interference with any
electrical equipment in the surrounding neighborhood.;. ~,., television,
radio, telephone, computer, etc.)} ~ .'14 /ty, ~ f.j . '1,,; ~~~ .
The antennae shall be paiRted a single,non-glossy color (e.g., off-white
creme, beige, green, black, grey).
The antennae shall be sited to assure compatibility with surroundin,
development and not adversely impact the neighborhood. :
The installation and maintenance of television antennae shall be
consistent with the provisions of Chapter 15.40 of the Municipal Code.
4. DESIGN CONSIDERATIONS
F.
G.
The following standards are in addition to the specific design guidelines con-
tained in the individual1and use districts:
A. The proposed development shall be of a quality and character which
is consistent with the community design goals and policies including 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.
D. lighting shall be stationary and deflected away from al;l adjacent
properties and public streets and rights-of-way.
E. Mechanical equipment, storage, trash areas, and utilities shall be
architecturally screened from publi~ view.
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PROPERTY D~PMENT STANDARDS -19.20
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.
~.
.
67 ..&
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t-f.-iJo
..~ ItnK~ d(.y.,.ti_..~ &1~ De.cUuub::',,;Lw.cdl, u.......~a..
Parking structures shall be architecturally compatible with the primary .
and surrounding structures.
~
".
5B-- ".~ac 91' aH r-~Lc:tb wcdh, VI {~"..~ &}a.cdI ~ .....eltiteena-.."l1~
I -I~.
Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a
portion of the structure perimeter only) are prohibited. Mansard roofs, if
utilized on commercial structures, shall wrap around the entire structure
perimeter. _
S. DUST AND DIRT
.30.040
.
In addition to the provisions of Section 19.1et.lllfX (Grading), all land use ac- i
tivities (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. plant-
ing, paving or construction) will occur as soon as possible after grading.
B. Disturb as little native vegetation as possible.
C. Water graded areas as often as necessary to prevent blowing dust or cUr; ./
hydroieeding with~rary irrigation, adding a dust pallative, and/or
building wind fen..V
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 Oty Engineer.
6. ENVIRONMENTAL RESOURCES/CONSTRAINTS
All development proposals shall be evaluated in compliance with the California
Environmental Quality Act (CEQA) and all General Plan environmental policies
including, but not limited to, biologicall'eliOurce management areas, riparian cor-
ridors; rare, threatened and/ or endangered species; air quality; mineral resour-
ces; archaeological resources; high wind areas; and, geologic hazards. Develop-
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PROPERTY DEVEL~ STANDAllDS -19.20
ment within 50 feet of a riparian corridor may be prohibited or restricted, and
structures within 50 feet of an active or potentially active fault shall be
prohibited. Development within these areas shall be subject to the submittal of
approprite report(s) prepared by qualified professionals which address the im-
pacts of the proposed project; the identification of mitigation measures necessary
to eliminate the significant adverse impacts; and, the provision of a program for
monitoring, evaluating the effectiveness of, and insuring the adequacy of the
specified mitigation measures.
~
7.
EXTERIOR BUlLDlNG/STRUCIlJRE WALLS
'.
The following standards shall apply to all exterior building/structure wall con-
struction:
A. Since walls will always be a main architectural and visual feature in any
major development, restraint must be exercised in the number of permis-
sible finish mater.ials. 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.
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.
2
3.
Aluminum or other metal panels are not permiBJ the street
elevation, unless it can be demonstrated that the are consistent
with a structure's overall design character, and ~ ot adversely
effect the pedestrian environment
8. FENCES. WALLS-AND HEDGES
The following standards shall apply to the installation of all fences, walls and
hedges:
A. HEIGHT AND TYPE UMITS
Fences, walls, and hedges shall conform to the limitations ouilled in Table
wm. .
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.
1.
2.
.
.
PROPERTY DEVELOPMENT STANDARDS -19.20
TABLE 20.01
FENCES, WALLS, AND HEDGES
HEIGHT AND TYPE LIMITS
Districts
~
- Front yard or side of street yard
- Other yard area
- Outside of required yard area
- Abutting a non-residential district
CnmmP1"nal Indt1~trial
and Institutional
- Front yard or side of street yard
- Abutting residential district
- Other yard area
- Outdoor storage areas visible
from public rights-of-way Oocated
behind required yards)
Maximum Permitted Height.
3'
~
4'
- Solid structureS or plants
_ Open work structures or plants
(must permit the passage of a
minimum of 90% of light>.
6'
8'
6'
_ Solid, decorative masonry wall
2'6" - Solid structureS or plants
6' - Open work structureS or plants
1f a I - Solid, decorative masonry wall
8'
ID' - Commercial
12' - Industrial
3. .AJl Districts - 'Ihlffic c;af~ Site Area 2'6"
4. PuhliC'Right-of-way 8'
5.
Hill~id~ Manat@mfmt Ov@t"lay -
R@tainin, Walls
- Uphill slope
- Down slope
- Lots sloping with the street
- Adjacent to driveways
- Facing streets
8'
3'6"
3'6"
8'
5' - Constructed with natural,
indigenous materials
- Constructed with non-
combustible materials only
. The limitations shall not apply in the following instances:
1. Where a greater height is required by any other provision of the Municipal Code; or
2. Where a greater height or type of fence, wall or hedge is required by a condi-
tion of approval.
6.
Foothill Fire Zone Overlay -
ppn~ and WAll~
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PROPERTY D~PMENT STANDARDS -19.20
B. TRAFFIC SAFElY SITE AREA
On a c:omer lot, no fence, wall, hedge, sign or other structure, shrub-
bery, mounds of earth, or other visual obstruction over 30 inches in
height above the nearest street curb elevation shall be erected, placed,
planted, or allowed to grow within a '!raffle 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 Development Code be-
comes effective; and official warning signs or signals.
C PROHIBITED FENCE MATERIALS/CHAIN UNK FENCING
The use of barbed wire, electrified fence or razor wire fence in conjunction
with any fence, wall, roof, hedge, or by itself within any land use district,
is prohibited unless required by any law or regulation of the aty, the
State of California, Federal Government, or agency thereof. AgriculturaJ
uses may use electrical fences if approved by the Director. ;,
-
J
Chain link fencing is permitted only in the CH, IL, IH, and m land use dis-
tricts. The fence may only be located on side and rear property lines be-
hind the frontyard setback, if the fence would not be readily visible from a
public right-of-way. In addition, chain link fencing with neutral colored
slats may be used for outdoor storage areas located within required yards,
if the fence would not be readily visible from a public right-of-way.
Landscaped planting of sufficient density and height may be used to
screen the fence from public view. Additionally, chain link fencing may
be used with tennis courts, private and commercial, and where it is re-
quired by any law or regulation of the aty, the Sta of California Federal
Governn:ent, or agency thereof. ~'~ ..d:;;,
The above limitations shall not apply where the prohibit ence material
is required as a condition of approval.
D. WALL DESIGN STANDARDS
Perimeter walls shall have articulated planes by providing at a minimum
for every 100 feet of continuous wall an 18 inch deep by 8 foot long
landscaped recession.
Walls shall be constructed with pilasters provided at every change in
direction, every 5 feet difference in elevation and at a minimum of every
2S feet of continuous wall.
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PROPERTY D.PMEN'r STANDARDS -19.20
E. RESIDENTIAL FENONG/WALL REQUIREMENT
Fencing or walls are required between individual residential units, and
residential devleopments if adjacent to parks, open spaces, and/ or major
rights-of-way. All fencing and walls are to be provided by each developer
at the time of construction.
FIRE PROTECTION
All structures shall meet the requirements of the Oty Fire Department.
10. FUMES. VAPOR. GASES. AND OTHER FORMS OF AIR POLLUTION
9.
~
'.
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. Emissions shall be in compliance wtih Air Quality Management District and
Regional Water Quality Control Board permits.
11. GLARE l
~-,
No glare incidental to any use shall be visible beyond any boundary line of thJ
parcel.
12. HA7.ARDOUS MATERIALS
The following standards are intended to ensure that the use, handling, storage
and transportation of hazardous materials comply with all applicable require-
ments of Government Code 6S85O.2 and Health and Safety Code 2550S, Article
80- Uniform Fire Code, 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 Oty
that must be provided to other public agencies.
For the purposes of this Section, "hazardous materials" shall include all substan-
ces on the comprehensive master list of hazardous materials compiled and main-
tained by the California Department of Health Services.
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PllOPEJl.TY D.PMENT STANDAIlDS -19.20
A. A Conditional Use Permit shall be required for any new commercial,
industrial, or institutional or accessory use, or major addition to an exist-
ing use, that involves the manufacture, storage, handling, or processing of
hazardous materials in sufficient quantities that would require permits as
hazardous chemicals under the Uniform FII'e Code, with the following ex-
ceptions:
1. Underground storage of bulk flammable and combustible liejuids;
and .~
2 Hazardous materials in container sizes of 10 gallons or
less that are stored or maintained for the purposes of retail or
wholesale sales.
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 Director at
the same time these plans are submitted to the administrating agency ...
which is responsible for administering these provisions.
[f
C. Underground storage of hazardous materials shall comply with J
all applicable requirements of Chapter 6.7 of the California Health and .
Safety Code, and Article 79 of the Uniform Fire Code. Any business that
uses underground storage tanks shall comply with the following:
1. Notify the Cty Fire Department of any unauthorized
release of hazardous materials immediatel}Xafter the release has
been detected and the steps taken to control the release; and
2 Notify the Cty 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. Abov~ground storage tanks for any flammable liquids ~eet all stan-
dards of the City FII'e Department.
E. All structures subject to the provisions of this Developm 0 and all
newly created lots shall be designed to accommodate a ~f at least
100 feet from a pipeline. This setback may be reduced, where the Director
finds that:
1. The structure would be protected from the radiant heat of an
explosion by berming or other physical barriers;
2 A 100-foot setback would be jmpractical or unnecessary because of
existing topography, streets, lot lines, or easements; and,
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PROPERTY DEVELOPMENT STANDAllDS -19.20
3. There shall be construction of hazardous liquid containment system
or other mitigating facility where the Cty Engineer finds that a
leak would accumulate within the reduced setback area. The
design shall be approved by the Cty Engineer and a surety instru-
ment shall be approved by the Cty Attorney to ensure the construc-
tion of the system.
A proposed structure (including a residence) on an undeveloped existing ~
lot of record that cannot be constructed only because of this restriction, '
shall be allowed to be constructed if the structure is located so as to comp-
ly with the setback regulation as closely as possible. The Director may re-
quire a hazardous liquid containment system, to be approved by the City
Engineer.
A pipeline is defined as follows:
1. A pipe with a nominal diameter of 6 inches or more, that is used to
transport hazardous liquids, but does not include a pipe used to
transport a hazardous liquid by gravity and a pipe used to
transport or store a hazardous liquid within a refinery, storage, or
manufacturing facility; or,
2. A pipe with a nominal diameter of 6 inches or more operated at a
pressure of more than 275 pounds per square inch that carries gas.
A subdivider of a development within 500 feet of a pipeline shall notify a
new: o~ ati. II. i 1 the close of escrow of the location, size, and type
of pipeline. \& +r",'{. ef rk("~e tLyu.nte-.:t ~ a:t
13. HEIGHT DEI'ERMINATION (STRUCTURES)
All structures shall meet the following standards relating to height:
A. The structure's height shall not ~ 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.
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.
PROPERTY DEVELOPMENT STANDARDS -19.20
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;
6. Sightline and structure envelope analysis;
7. Sewer line grade and location; and
8. Necessary slopes and retaining walls.
..
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ELEVATION
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. PllOPERTY DclOPMENT STANDARDS -19.20
~b;;;"ekJ'tYI.~JJ"( .
C. Perimeter fences, or walls, not exceed 6 feet in height, unless as
otherwise provided in . 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 30 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, except as otherwise provided in this Development Code.
14. 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 bright- .
ness. All lighting fixtures shall be appropriate in scale, intensity, and height to
the use it is serving. Security lighting shall be provided at all entrances/exits.
15. NOISE
No loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds,
attention-attracting, or communication device associated with any use shall be
discernible beyond any boundary line of the parcel, except fire protection
devices, burlar alarms and church bells. The following provisions shall apply:
d'Bft
A. In residential areas, no exterior noise level shall exceed 65dBfAland no
interior noise level shall exceed 45dB(At
d-1' f\
B. All residential developments shall incorporate the following standards to
mitigate noise levels:
1.
Increase the distance between the noise source and receiver.
Locate land uses not sensitive to no~i. ., parking lots, garages,
maintenance facilities, utility areas, tween the noise source
and the receiver. .
2.
3.
Bedrooms should be located on the side of the structure away from
major rights-of-way.
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PKOPEKTY DEVELOPMENT STANDARDS -19.20
4. Quiet outdoor spaces may be provided next to a noisy right~f-way
by creating a U-shaped development which faces away from the
right~-way.
C. The minimum acceptable surface weight for a noise barrier is 4 pounds
per square foot (equivalent to 3/4 inch plywood). The barrier shall be of a
continuous materials which is resistant to sound including:
1.
Masonry block
~
'.
2. Precast concrete
3. Earth berm or a combination of earth berm with block concrete.
D. Noise barriers shall interrupt the lin~f-sight between noise source and
receiver.
16. ODOR
No use shall emit any obnoxious odor or fumes.
17. PROTECIlONS/CONSTRUCIlON AND EOUlPMENT PERMI1TED INTO
SETBACKS
The following list represents the QlIJx projections, construction, or equipment
that shall be permitted within the required setbacks:
A. Front Setback: Roof overhangs, fireplace chimney, awnings, & canopies
B. Rear Setback: Roof overhangs, pools, patio covers, tennis courts,
gazebos, and awnings & canopies, provided there is
no projection within 10 feet of the property line. Ac-
cessory structures may be built to the side or rear
property lines provided that such structures are not
closer than 10 feet to any other structures.
C. Side Setback: Roof overhangs, fireplace chimney, awnings & canopies
Building Code requirements may further restrict the distance required to be main-
tained from the property lines and other structures.
18. PUBUC 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 and improvement of public right~f-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 con-
struct public street improvements in accordance with the policies, proce-
dures and standards of the Director of Public Works/City Engineer.
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20.
21.
22.
23.
.
.
PROPERTY DEVELOPMENT STANDARDS .19.20
19.
B. Whenever street improvements are required along a parcel as a
condition of approval, and the off-site drainage pattern requires it, the en-
tire street section shall be improved in accordance with the policies, proce-
dures and standards of the Director of Public Works/City Engineer.
RADIOACTIVITY OR ELECI'RIC DISTURBANCE
No activity shall be permitted which emits radioactivity or electrical disturbance.
REFUSE STORAGElDISPOSAL
"-
Every parcel with'multi-family, commercial or industrial 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 saeened 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 compliance with adopted Public
Works Department Standards. 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. 'lrash receptacles for
single family homes should be stored within the enclosed garage or behind a
fence.
SCREENING
Any equipment, whether on the roof, side of structure, or ground, shall be
screened. The method of screening shall be architecturally compatible in terms
of materials, color, shape, and size. The screening design shall blend with the
buiding design and include landscaping when on the ground.
SIGNS. OFF-STREET PARKING. OFF-STREET LOADING AND LANDSCAPING
All development st~ comply with the provisions of Chapter 19~(Sign Stand-
ards); Chapter 19.)0C (Off-Street Parking Standards); Chapter 19,)e((Off-Street
Loading Standards) and Chapter 19.~ (Landscaping). ;,,.
SOLAR ENERGY DESIGN STANJ1RDs
'.
I
Passive heating and cooling opportunities shall be incorporated in all develop-
ments in the following manner:
A. Future structures should be oriented to maximize solar access opportunities.
B. Streets, lot sizes, and lot configurations should be designed to maximize
the number of structures oriented so that the south wall and roof area face
within 45" of due south.
C. The proposed lot size and configuration should permit structures to
receive cooling benefits from both prevailing breezes and existing and
proposed shading.
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PROPERTY DEVELOPMENT STANDARDS -19.20
D. Any pool or spa facilities owned and maintained by a homeowners
llssodation 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 ins~ed in the attic.
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.
24. 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 or manufacturing materials in any portion of a lot, except as allowed
under the provisions of this Development Code. 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.
25. TOXIC SUBSTANCES AND WASTES
No use may operate that utilizes toxic substances or produces toxic waste
without the approval of a Conditional Use.Peimi.t pursuant to the provisions of
Chapter 19'~COnditiOnal Use Permits). Prior to consideration of a Conditional
Use Permit, operator must prepare a toxic substance and waste management
plan which . ~trovide for the safe use and disposal of these substances.
{If ,f. ~ --:'j ~ ~ ~ )~t.J.'" r -4 M-
~ ~ U ~ ~ -rf ~ ;L,,"e~ ~ .
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PROPERTY DEVELOPMENT STANDARDS -19.20
26. UNDER GROUNDING OF lITILlTJES
E.
F.
G.
.iD. /10
Utilities sha11 be placed underground pursuant to Section 19.~.~. In the
event an above ground electrical transformer is located outdoors on any site, it
sha11 be saeened from view with a solid wall and landscaping and not located in
any setback area. If it cannot be saeened, it shall be located in an underground
vault Exceptions to the undergrounding of utilities requirements are as follows:
A
~
'Ii'ansformers, pedestal-mounted terminal boxes, meter cabinets and
concealed ducts may be placed above ground, if they are used solely in
connection with the underground transmission or distribution lines;
'.
B.
Poles supporting street lights, and the electrical lines within the poles,
may be situated above the surface of the ground;
~If s
The Council may waive any requirement of t;Re .$ection if topographical,
soil or similar physical conditions make such underground installation un-
reasonable or impractical;
1I1I's~d...
Any Parcel Map with a maximum of 4 ~idential parcels, no parcel of which
has previously been exempted from tftil6.ti.uu; and where at least 50% of
the surrounding area within a radius of SOO feet has been previously de-
veloped without undergrounding utilities;
That portion of a previously developed nonresidential Parcel Map;
The requirement to underground shall apply to all utility lines traversing a
subdivision, or installed along either side of the streets and alleys adjoin-
ing the subdivision, except for electrical lines of 33 I<V A or more. Where 1
line is exempt, all parcel lines on that same pole shall be exempt;
c.
D.
Any single lot development on a Residential Estate, Low, Suburban, or
Urban (RE, RL, RS, and RU) designated parcel; or any single lot develop-
ment of 1 net acre or less in any land use district, shall be exempt from
this requirement. This exemption shall not apply where the requirement
to underground utilities is imposed as a condition of approval of a sub-
division map; and,( ,/'
The remodeling of existing structures where the cost of remodeling is less
than 50% of the replacement cost of the existing structure as determined
for building permit fees shall be exempt.
27. VIBRATION
H.
No vibration associated with any use shall be permitted which is discernible
beyond the boundary line of the property. .
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SIGN REGULA nONS -19.22
CHAPTER 19.22
SIGN REGULATIONS
19.22.010 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. Limit 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.
19.22.020 APPLICABILITY
No signs shall be erected or maintained in any land use district established by this
Development Code, except those signs specifically enumerated in this Chapter. The
number and area of siSJ'S as outlined in this Chapter are intended to be maximum
standards. ~ addition to the enumerated standards, consideration shall be . .
given to a sign's relationship to the overall appearance of the subject property as well as
the surrounding community. Compatible design, simplicity, and sign effectiveness are
to be used in establishing guidelines for sign approval, but shall not limit maximum
standards for signs.
19.22.030 DEFINITIONS
Abandoned Sigp. Any display remaining in place or not maintained for a period of 90
days or more which no longer advertises or identifies an on-going business, product, or
service available on the business premises where the display is located.
Addl'E'S!l Sigp. The numeric reference of a structure or use to a street, included as part
of a wall or monument sign.
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SIGN REGULATIONS -19.22
A-Frame Sign. A free stading sign usually hinged at the top, or attached in a similar
manner, and widening at the bottom to form a shape similar to the letter" A". Such
signs are ususally designed to be portable, hence they are not considered permanent
signs.
Animated or Movinr Sign. Any sign which uses movement, lighting, or special
materials to depict action or create a special effect or scene.
Awning. Canqpy. or MarqJ1ee Sign. A nonelectric sign that is printed on, painted on, or '.
attached to an awning, canopy, or marquee and is only permitted on the vertical surface
or flap.
BannPl". Flag. 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, including captive balloons and inflatable signs but not in-
cluding official flags of the United States, the State of California, and other states of the
nation, counties, municipalities, official flags of foreign nations and nationally or inter-
nationally recognized organizations.
Bench Sign. 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.
I
Building Face and/or Frontaif!. The length of the single front buildin~evation in
which the primary entrance to the business is located. If more than eRe- business is lo-
cated in a single building, then such length shall be limited to that portion which is 0c-
cupied by each individual business.
Chanif!able CoW Sign. A sign designed to allow the changing of copy through
manual, mechanical, or electrical means including time and temperature.
Civic Event SigJl. 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 sign 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.
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. SIGNREGULAll0NS-19.22
Dil'l!ctional SigJi. Signs limited to directional messages, principally for pedestrian or
vehicular traffic, such as "one way", "entrance", or "exit".
Direc~ Sip.. A sign for listing the tenants or occupants and their suite numbers of a
building or center.
Double-faced SigJi. A single structure designed with the intent of providing copy on.
both sides. ~
Eavplin... The bottom of the roof eave or parapet.
Flashing Sip. A sign that contains an intermittent or sequential flashing light source.
Freestandin& Sip. A sign which is supported by ~ or more uprights, braces, poles, or
other similar structural components that is not attached to a building or buildings.
Futul'f! Tenant Identification Sign. A temporary sign which identifies a future use of a
site or building.
Grand Qpenin&. 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.
HeigJtt 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.
Holiday Deroration Sign. Temporary signs, in the nature of decorations, dearly inciden-
tal to and customarily associated with holidays.
Identification Sign. A sign providing the name, type of business, or the name and logo
in combination, identifying a particular business estab1ishment.
illegal Sip. Any of the following: a sign erected without first complying with all or-
dinances and regulations in effect at the time of its construction and erection or use; a
sign that was legally erected, but whose use has ceased, or the structure upon which the
display is placed has been abandoned by its owner, not maintained, or not used to iden-
tify or advertise an ongoing business for a period of not less than 90 days; a sign that
was legally erected which later became nonconforming as a result of the adoption of an
ordinance, the amortization period for the display provided by the ordinance rendering
the display nonconforming has expired, and conformance has not been accomplished.;
a sign which is a danger to the public or is unsafe; a sign which is a traffic hazard not
created by relocation of streets or highways or by acts of the City or County.
illuminated Sip. A sign with an artificial light source for the purpose of lighting the
sign. .
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. SIGNKEGULAnONS-19.22
Tnlltitutional Sigll. A sign identifying the premises of a church, school, hospital, rest
home, or similar institutional facility.
Kiosk. An olf-premise sign used for directing people to the sales office or models of a
residential subdivision project. Design details ofsuch signs are shown as Figure 16.01
under Section 19.)8(.!S;llW of this Chapter.
.r;, Df/){z)(C.)
LoiO Sigll. An established trademark or symbol identifying the use of a building.
Monument Sigll. An independent structure supported from grade to the bottom of the
sign with the appearance of having a solid base.
~
'.
Nonmnforming SigJ'. A legally established sign which fails to conform to the regula-
tions of this Chapter.
Off-Site SiiJ'. Any sign which advertises or informs in any manner businesses, services,
goods, persons, or events at some location other than that upon which the sign is lo-
cated. Off-premise sign, billboard, and outdoor advertising structure are equivalent
terms.
QpPn HOtll'lP Sigll. A temporary sign posted to indicate a salesperson is available to ~
resent the property subject to sale, lease, or rent
Political Sigll. A temporary sign directly associated with national, state, or local elec-
tions.
Portable SiiJ'. A sign that is not permanently affixed to a structure or the ground.
Promotional SigJ'. 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 spe-
cial sale.
Rpal ElItate Sig1l. An on-site sign pertaining to the sale or lease of the premises.
&o/e/''''~
J
E~lMu~
(/fl."
~
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. SIGN REGULA nONS -19.22
Rnof Sig1l. 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 structure, housing, device, figure, statuary, painting, display, message
placard, or other contrivance, or any part thereof, which is designed, constructed,
created, engineered, intended, or used to advertise, or to provide data or information in
the nature of advertising, for any of the following purpose: to designate, identify, or in-
dicate the name of the business of the owner or occupant of the premises upon which
the advertising display is located; or, to advertise the business conducted, services avail- '.
able or rendered, or the goods produced, sold, or available for sale, upon the property
where the advertising display is erected.
Sig1l Area. The entire face of a sign, including the surface and any framing, projections,
or molding, but not including the support structure. Individual channel-type letters
mounted on a building shall be measured by the area enclosed by four straight lines out-
lining each word.
I
Sig1l Program. A coordinated program of ..or more signs for an individual building
or building complexes with multiple tenants.
Tpmporal:}' Sig1l. A sign intended to be displayed for a limited period of time.
Vehicle Sip. 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 Sip. A sign painted on or fastened to a wall and which does not project more
than 12 inches from the building or structure.
Window Sig1l. 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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. SIGN REGULATIONS .19.2%
19.22.040 SIGN PERMIT REQUIRED
1. GENERAL
No sign, including a copy change, or temporary sign, unless exempted by this
Chapter, shall be constructed, displayed or altered without a sign permit or sign
program approved by the Oty. The Director shall review all signs unless other-
~
wise stated.
'.
2. SIGN PROGRAM
A sign permit for a sign program shall be required for all new commercial, office,
and industrial centers consisting of 3 or more tenant spaces. The purpose of the
program shall be to integrate signs with building and landscaping design to
form a unified architectural statement. This shall be achieved by:
A Using the same background color, and allowing signs to be of up to 3 dif.
ferent colors and up to 2 type styles per multi-tenant center.
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.
D. Major tenants will be permitted to deviate from the sign program to ac-
comodate national trademarks or logos.
19.22.050 EXEMPT SIGNS
1. The following signs shall be exempt from the provisions of this Chapter:
A Wmdow signs not exceeding 3 square feet and limited to business
identification, hours of operation, address, and emergency information.
(Neon signs of any size require a permit, if allowed.)
B. Signs within a structure and not visible from the outside.
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F.
G.
.
. 'sIGNKEGULAnoNs-19.22
C. Memorial signs and plaques installed by a civic organization
recognized by the Council.
D. Official and legal notices issued by a court or governmental agency.
E.
Official flags of th~ted States, the State of California, and other
states of the natio counties, municipalities, official flags of foreign na.-
tions, and nation y or internationally recognized organizations.
'J-
Identification signs on co~ction ~ites. Such signs shall be limited
to one directory or pictqrial display sign per street frontage or entrance,
up to a maximum of "signs, identifying all contractors and other par-
ties (including lender, realtor, subcontractors, etc.). Each sign shall not ex-
ceed ~uare feet in area and ~feet in height. Each sign
shall be re oved prior to issuance of a C . cate of Occupancy.
3;)-. 'i?
Political signs, regulated in Municipal Code Chapter 16.12.
'.
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 initial 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. There-
after, 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.
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. SIGNREGULAnONS-19.22
J.
K.
Future tenant identification signs: One wall or freestanding sign may
be placed on vacant or developing property to advertise the future use of
an approved project on the property and where information may be 01>-
tained. Such sign shall be limited to ~Sign per street frontage, a maxi-
mum of 32 square feet in area and 8 ~ t in overall height. Any such signs
shall be single faced and shall be remo ed upon the granting of occupan-
cy by the City. I . ~
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 feel
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.
N. Sign programs which have been approved prior to the adoption of this
Development Code.
~~?- l~t~~lo~~are:::,~~.I!F~.~y,,~~~~~d i;;-.-
19.22.060 PROHIBltmJ SiGNS""' --;--- ~ ~ 1~.;fl-~ 1"k Jr..! :;; ~
~'~/... .. . -;;ti;J u- ::J:7b.~' ~-cA. ~ '"
The following signs are inconsistent with the Sign stm~ set forttffit this ~p~' ;" p 1;;.
and are therefore prohibited: ' J- I'" "'-
'" ~L.
A. Abandoned signs
B. Animated, moving, flashing, blinking, reflecting, revolving,
or any other similar sign, except electronic message boardS
C. Banners, flags, and pennants
D. Bench signs
E. Chalkboards or blackboards
F. Changeable copy signs and electroni~ message boards, except as allowed
by a CUP for movie theaters, arenas, stadiums, or auto malls in the CR-4
land use district.
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. eIGNREGULAnONS-19.22
r~. o1b
G. Off site or billboard signs, except as permitted by Section 19~.^^^
H. Permanent sale or come-on signs
I. Portable signs or A-frame signs
J. Roof signs
K. Signs on public property, except for traffic regulatory, informational
signs, signs required by a governmental agency, and model home tour
signs
L. Signs painted on fences or roofs ~
M. Balloons and other inflated devices or signs designed to attract attention. '-.
N. Signs that are affixed to vehicles, excluding permanent signs on commercial vehicles
O. 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
19.22.070 TEMPORARY SIGNS
1. Temporary window signs may be permitted on the inside of windows facing out
which do not cover more than 25% of the individual window surface for a
period not to exceed 30 days use during any 60 day period.
2. 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. . .
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. SIGN REGULATIONS -19.22
19.22.080 OFF-SITE SIGNS
1. RF.PLACEMENT 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 a~
cordance with the provisions of Chapter 19.~ The following conditions shall
~~r-;~
A.
B.
c.
D.
~
'.
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.
Under no circumstance shall more than .J. new sign be erected to
replace QRe sign removed.
\
The replaced sign(s) shall be removed prior to the use of the replacement sign.
The Commission may require the removal of more than .ite off-site bill~ard or
painted bulletin by the company in exchange for the right to locate eM new
replacement sign on the same site. I
2. OFF-SITE RESIDENTIAL SUBDMSION DIREcnONAL SIGNS
The following shall regulate and establish a standardized program of off-site
residential subdivision directional kiosk signs for the City. For the purposes of
this subsection, a residential subdivision is defined as a housing project within a
recorded tract where 5 or more structures or dwelling units are concurrently
undergoing construction.
A. The p.anel and sign structure design shall be in accordance with Figure 16-1.
?ou
B. No kiosk sign structure shall be located less than tAre! I.IM.ared feet from
an existing or previously approved kiosk site, except in the case of signs
on different comers of an intersection.
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.GN REGULATIONS .19.22
c.
The placement of each kiosk sign structure shall be reviewed and approved
by the Director. 50.
i
f
t-
:0
';>
io
FIGURE 16-1
Off.lne lubdlvillon
directional klalk
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
issuance 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-confonning subdivision kiosk directional signs associated with the
subdivision in question must be removed prior to the placement of direc-
tional kiosk sign(s).
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. . SIGN REGULATIONS -19.22
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.
19.22.090 ABANDONED SIGNS
1. Any abandoned or illegal sign is hereby declared to be a danger to the health, safety,
and welfare of the citizens of San Bernardino. Any 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 Bernardino.
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 10 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 appeal shall
be granted or the decision modified if facts or circumstances disprove the exist-
ence of a public nuisance. Any sign not removed within 10 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 as-
sessed against the property, using the procedures established in Municipal Code
Sections 8.27.10 through 8.27.140, inclusive.
3.
Legal, conforming structural supports for abandoned signs may remain, if
installed with a blank sign face and supporting structures are maintained.
./
19.22.100 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 Development Code in
respect to permits and permit fees, and all parts, portions, and materials shall be
maintained 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 30 calendar days
following notification by the Oty. Noncompliance with such a request shall con-
stitute a nuisance and penalties may be assessed in accordance with the
provisions of Chapter 19.~
11"
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. SIGNREGULATlONS-19.22
19.22.110 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 abandoned for 90 days or more.
E. Re-established after damage or destruction of more than 50% and the
destruction is other than facial copy replacement and the display cannot
be repaired within 30 days of the date of its destruction, 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 Permit
which is hereafter granted on the same site.
19.22.120 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 known, 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 cor-
rected 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 Com-
mission to determine the existence of a violation.
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. SIGNRECULATlONS-19.22
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.
19.22.130 AMORTIZATION
,
Any sign that is nonconforming to the requirements of this Chapter, either by variance
previously granted or by conformance to the existing sign regulations at the time the ini-
tial permit for said sign was issued, shall either be removed or brought up to code re-
quirements within 15 years from the effective date of this Development Code.
19.22.1~ SIGN REGULATIONS
Table 22.01 identifies the signs permitted in each of the land use districts. In addition to
the following regulations, all signs must be in compliance with all other provisions of
this Chapter pertaining to signs.
j 19.22.1~ iNVENTORY AND ABATEMENTb<,.,t"",..5 '
'\ Within 6 months from the date of adoption of th~[ode, the City shall commence a
) program to inventory and identify illegal or abandoned signs within its jurisdiction.
I Within 60 days after this 6 month period, the City shall commence abatement of iden-
" tified illegal or abandoned signs.
\
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3191
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Building Sign Maxll(l\lm
Height Size Size
-----.....- ...--.---- ..---.-....
Stories Total Sq.Ft. Height
4 225 25"
5 250 35"
6 275 45"
7 300 50"
8-10 350 60"
11-14 425 72"
IS-above 500 84"
If
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tor maximum area and height
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-Tenant Identlllcatlon
Maximum Sign Area. 22 sq.ft.
Maximum Lener Heloht. 18"
El3 Ell3
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Note: this diagram Is not Intended to
describe the sign's geometric shape.
FIGURE 22-2
HIGH RISE BUILDING AND
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FIGURE 22-3
MONUMENT SIGN MEASUREMENT
m~l
-M& Jfr I
.
OFF-STRE~NG STANDARDS .19.24
CHAPTER 19.24
OFF-STREET PARKING STANDARDS
19.24.010 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.
19.24.020 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.
19.24.030 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 excess of 25% of the floor area, or
when a change in use creates an increase in the required amount of parking, ad-
ditional parking spaces shall be provided in accordance with the provisions of
this Chapter. The only exception to this requirement may be for structures and
uses located in the CR-2 (Downtown) land use district. A parking study may be
prepared examining the proposed use in light of available public off-street park-
ing facilities which may result in a City approved parking reduction program. 1f
a study is not prepared, the required parking shall be provided. However,
tenant improvements for any type of proposed permitted use in the CR-2land
use district shall not require additional parking spaces to be provided.
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OFF.STRE~G STANDARDS -19.24
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.*3<._ V '.J.J.. i\
.0;\. 070(.3) (S~ J_ e..-..wJf
5. In any residential land use district, a garage with a garage door shall be
provided, and permanently maintained. Exceptions to the garage requirement
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 of guests.
8. All parking, including recreational vehicle parking in residential land use
districts, shall occur on paved areas.
9. Senior citizen apartIrients/ congregate care parking requirements may be adjusted
on an individual project basis, subject to a parking study based on project loca-
tion and proximity to services for senior citizens including, but not limited to,
medical offices, shopping areas, mass transit, etc.
10. Existing residential lots of record, 10,800 square feet or larger which front on a
major or secondary arterial shall provide circular drives or turnarounds.
19.24.040 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):
USE.
NUMBER OF REOUlRED SPACES
Residential Uses
Mobile home parks
2 covered spaces within an enclosed garage, which may
be tandem, and 1 uncovered guest space for each unit.
Multi-family Residential:
Studio and 1 bedroom
1.5 covered and 1 uncovered guest space for every
5 units.
Two bedrooms
2 covered and 1 uncovered guest space for every
5 units.
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FINALDRAFI'
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OFF-STRE~NG STANDARDS -19.24
USE
NUMBER OF REOUIRED SPACES
Three or more bedrooms
2.5 ~ and 1 uncovered guest space for
5 uni\j/
2 covered spaces within an
enclosed garage and 1 uncovered
off-street guest parking space for every
5 units.
Planned residential
developments, including
single-family dwellings and
condominiums
Residential day care
2 spaces in addition to those C\
required for primary residenc\:)
Senior citizen apartments
1 covered space for each unit, pl~covered
space for 5 units for guest parkinV
.75 covered space for each unit.
Senior congregate care
Single-family dwellings
2 covered spaces within an enclosed garage.
Commercial Uses
Adult businesses
1 space for each 200 sf. of gfa0
plus 1 space for each employ\.:)
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 t
Golf course
6 spaces per hole, plus as
required for incidental uses 0/
(Le., pro shop, bar, banquet room, etc .
3 spaces per hole, plus as
required for incidental uses r!\',
(i.e., game room, food service, et\)
3 spaces per court, plus as o.
required for incidental use . '
Miniature golf course
Tennis/racquetball courts
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OFF-STREET ~NG STANDARDS -19.24
USE.
NUMBER OF REOUIRED SPACES
Commercial Uses
RV Parks
1 space for each recreational vehicle space.
Determined at project revieQ
Theme amusement/
recreational parks,
skating rinks
Video arcade/ go carts
1 space per 200 square feet of area within
encl~ structures~~ 1 space per 3 persons
at maxnnum capao,V
1 space per employee, plus 1 J,
space per 2 students at maximum capaci,C/
1 space for each 200 sf. of gfa.
plus llane for each drive up
window and/ or ~atic teller machine with
6 vehicles per lanD
2 spaces for each barber chair;
3 s~a~r each beautician
statioV
1 space per 1.5 studenv
Art/ dance studio
Banks, savings and loans,
financial
Barber shop/beauty parlor
Business/professional
trade schools
Carwash - self service
2 spaces per Stal~ 2 space queuing lane in
front of each stv
1 space per every 3 employees on the maximum
shift plus reservoir capacity equal to'/J. times ..........
the capadty of the washing operatio~e
length of the conveyor divided by 2V
1 sp~~r each 5 horses boarded
On-S1\)
1 space for each 500 sf. of gfa.
of sale floor display area, plus
1 space for each 250QtSf>of gfa.
of warehouse stora~
1 space for each 200 sf. of gfa.
Carwash - full service
Commercial stables
Furniture/ appliance stores
Health clubs
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OFF-STRE~NG STANDARDS -19.24
USE
Commercial Uses
Hotels/ motels
Lube-n-tune
Multi-tenant auto-related
facilities
Offices, general:
gfa. up to 2000 sf.
2001 to 7500 sf.
7501 to 40000 sf.
40001 and greater
Office, medical/ dental
Restaurants, 'cafes, bars
and other eating and
drinking establishments
(gfa. includes outdoor
seating/ eating area) 9
Restaurants, with dri e-u
or drive-thru facilities
(including outdoor seating areas)
Delicatessen/ donut shop
Retail commercial
NUMBER OF REOlJTRED SPACES
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.
1 space per bay, plus 1 space for
each employee, plus 2 spa~
queueing lanes for each ba V
1 space for each 200 sf. of gfa:fI
plus 1 space for each emploY"'iJ
1 space for each 200 sf.
1 space for each 250 sf.
1 space for each 300 sf.
1 space for each 350 sf.
10 spaces for first 2000 sf.,plus,
1 space for each additional 175
sf. over 2000 sf.
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.
1 space for each 100 sf. of gfa. plus one lane for
each drive-up window with stacking space for
6 vehicles before the menu board.
1 space for each 100 sf. of gfa.
1 space for each 250 sf. of gfa.
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.
OFF-STRE~NG STANDARDS -19.24
USE
NT IMBER OF REO{ JIRED SPACES
Commercial Uses
Swap meet
1 space for each 500 sf. of
indoor diSvla area, plus 1 space
for each 25 s of outdoor
display ar a.
1 space for.each pump island, .f)
plus 1 space for each service bV
1 space per 200 square feet ~::l
plus 1 space per vendor spa 0
5 spaces plus 1 space for each
200 sf. of gfa.
Retail nursery / garden shop
Service stations
Vehicle repair / garage
All other commercial uses
not listed above
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, PlUSeS ce for
each 300 sf. of gf . fo the
parts departme t .
1 space for each 200 sf. of gfa.
Vehicle sales
Institutional Uses
Libraries, museums, art
galleries
1 space for each 4 fixed seats,
or 1 space for each 35 sf. of
non-fixed seating area in the
principal sanctuary, conference
spa~~ditorium, whichever is
greav
1 space for each patient bed,
plus 1/2 space for each patient
bed for employees, or a~ter-
mined at project revieU
1 space for each 300 sf. of gfa.
Churches, conference/
meeting facilities,
mortuaries, theaters,
auditoriums
Hospitals
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FINALDRAFr
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OFF-STREET P A.G STANDARDS -19.24
USE.
NT TMRER OF REOl TTRED SPACES
In8titutional Uses
1 space for each 2 guest roo{)
Residential clubs,fra-
ternity / sorority houses,
rooming houses and
similar facilities with
guest rooms
Retirement homes
1 space for each 1.5 living
unit)
1 space for each 6 beds, plus
1 space for each employee on the
largest shift, plus-space for
I
each staff docto; :;
Sanitariums/nursing homes
Schools:
Nursery / pre-school
1 space for each staff member, 1\
plus 1 space for each 10 chi1dre\:)
2 spaces for each classroom.
Elementary / junior high
High school
Community / college /
university
7 spaces for each classroo
10 spaces for each classroo
Industrial Uses
\~
1 space for each 300 sf. of gross buildatMe
area plus one space for every 10,000 sf. of
gross yard area.
Auto dismantling/junk
yards/ recycling
centers
Mini-storage
7 spaceli)
For each structure
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.
~
Industrial/ warehousing
1 - 3,000 sf.
3,001 - 5,000 sf.
5,001 - 10,000 sf.
10,001 - 50,000 sf.
50pOl + sf.
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FINAL DRAFT
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OFF-STRE~NG STANDARDS -19.24
19.24.050 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 Development Code. Any change in the State's hand-
icapped 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
Spaces Provided
Number of Handicapped
Parking ~aces Reqpired
/
1
2
3
4
5
6
7
7 + 1 for each 200
additional parking
spaces provided
3. Handicapped parking spaces shall be designed in a manner consistent with
the standard drawings approved by the Director of Public Works/City Engineer,
as illustrated by Figure 24.1.
1- 40
41 - 80
81 - 120
121 - 160
161 - 300
301 - 400
401 - 500
over 500
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.
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.
OFF-STREET P AJlKING ST ANDAJlOS -19.24
HANDICAP
PARKING
DETAIL
..
..
..
NO SC:"LE
a
. I
FlQURE 24-1
HANDICAPPED STALL SIZE
C:UIII II..M.. IIEOUIIIED "011
GII..OE DIFFEIIENC:ES.
SEE NOTE ..
H..NDIc:......t:D ....IIICING SIGN
10" HIIH. SEE NOTES I,' 17.
ILUE STIII..,NG "NO C:UIII
""C:E. STIII"!S ." WIDt:.
TY"IC:"L SYMIOL :
.WI: ".IL.D ...... ..11
WHITE WHEELC:HA.II 51"1 S."
I." TV".
-
WALIC
......IN.
iI:
.
.
. IN. TY~
"NGLE
SMa
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OFF-STREET .NG STANDARDS -19.24
19.24.060 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 or to vehicles in the
process of making delivery or pickup.
3. DIMENSIONAL REOlliREMENTS
A. Parking stalls shall be non-perpendicular whenever possible.
B. 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, 6 inches.
C. Parking structures may be subject to dimensional adjustments based on
utilization (Le., public or private garage with or without an attendant),
but in no case shall the stall width be less than 8 feet, 6 inches. Reductions
in design standards shall be subject to approval by the City Engineer.
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. OFF-STRE~G STANDARDS -19.24
D. Minimum parking dimensions shall be as indicated in the following
table as illustrated by Figure 24.2.
A B C D E F A B C D E F
00 Q" 9.0 15.0 23.0 - 600 ~" 21.0 18.0 lOA 55.5
6" 9.5 15.0 23.0 - 6" 21.2 18.0 11.0 55.6
rao" 10.0 15.0 23.0 - 10'0" 21.5 18.0 11.5 56.0
200 9. " 15.0 15.0 26.3 36.5 700 . "tfJ" 21.0 19.0 9.6 57.9
9'6" 15.5 15.0 27.8 37.1 9'6" 21.2 19.0 10.1 58.2
10'0" 15.9 15))"'0, 29.2 3704 ~~ 21.2 19.0 10.6 58.0
300 t.:/ ~) ~
~~ 1.0 1~,o ,~~~ ~ 9' . 20.3 24.0 9.1 63.0
6" 7.8 1. 19.G . 6" 2004 24.0 9.6 63.2
10'0" 18.2 15.0 20.0 42.7 10'0" 20.5 24.0 10.2 63.3
450 90" 19.8 15.0 12.7 48.3 900 ~" 19.0 24.0 9.0
9'6" 20.1 15.0 1304 48.5 '6" 19.0 24.0 9.5
10'0" 20.5 15.0 14.1 48.9 10'0" 19.0 24.0 10.0 -
F1GURIi 2.&-2
PARKING STANDARDS
A. PARKING ANGLE
8. STALL WIDTH
C. STALL DEPTH
D. AISLE WIDTH
E. CURB LENGTH PER CAR
F. CENTER TO CENTER WIDTH OF
DOU8LE ROW AND AISLE
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OFF-STRE~NG STANDARDS -19.24
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
Commercial /Industrial/Multiple Family Residpntial
Driveways providing ingress and egress to off-street parking spaces shall be a
minimum width of 15 feet for a one-way driveway and 24 feet for a two-way
driveway.
Single Family Residential
Attached Garage
[Driveways for an attached 2-;ar garage shall have a minimum width of 16 feet
\ and a minimum length of 24 feet measured from the inside sidewalk or apron to
J>> ithe front of the garage.
i Driveways for an attached 3-car garage shall have a minimum width of 24 feet
I and a minimum length of 24 feet measured from inside the sidewalk or apron to
'the front of the garage.
~
;).J-\
Detached Garage
rDriveways for a detached 2-car garage shall be a minimum width of 10 feet with
I a minimum 16 feet wide by 24 feet deep back up area immediately adjacent to
I the garage door.
! Driveways for a detached 3-car garage shall be a minimum width of 10 feet with
! a minimum 24 feet wide by 24 feet deep back up area immediately adjacent to
: the garage door.
'-'
6.
LANDSCAPING
A minimum of 15% of the net area of all surface parking areas shall be
landscaped as follows:
A. Where parking areas adjoin a public right-of-way, a landscaped planting
strip equal to the required yard setback shall be established and con-
tinuously maintained between 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 30 inches in height.
B. 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 4 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, approppate clustering of trees may be per-
mitted.
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.
OFF-STREET LNG STANDARDS -19.24
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.
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 irrigation1leeds or 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. This overhang is in addi-
tion to the required yard setbacks.
7. LIGHTING
Parking areas shall have lighting capable of providing adequate illumination for
security and safety. The minimum requirement is 1 foot candle, maintained
across the surface of the parking area. Lighting standards shall be energy-effi-
dent 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.
8. LOCATION OF REOUlRED PARKING SPACES
All parking spaces shall be located on the same parcel as the structure or use, un-
less approved otherwise by the review authority.
Off-street parking spaces for multi-family residential developments shall be lo-
cated within 150 feet from the dwelling unit (front or rear door) for which the
parking space is provided.
No parking space required by this Chapter shall be located in the front, side or
rear setback area of any land use district except for a detached garage or carport
structure and driveways which may be located in interior (non-street) side or
rear setback areas.
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FINAL DRAFT
.
OFF-STREET LNG STANDARDS -19.24
9. MAINTENANCE
All required parking facilities shall be permanently maintained, free of litter and
debris.
10. PARKING STRUcruRES
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 ;nedian 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 top deck
area, and perimeter of intermediate decks.
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 - RESIDENTIAL
A. A recreational vehicle may only be parked on a lot behind the front
line of the house or, in the case of a comer 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-of-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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OFF-STREET LNG STANDARDS -19.24
13. SCREENING
Commercial/industrial and public parking areas abutting residentially desig-
nated property shall have a 6 foot high solid architecturally treated decorative
masonry wall approved by the Director. All wall treatments shall occur on both
sides.
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 re-
quested 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 commercial/ industrial development.
16. SLOPE
A. Parking areas shall be designed and improved with grades not to
exceed a 5% slope.
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.
OFF-STRmLG STANDARDS -19.24
B. Driveways shall have no grades exceeding 8% 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 as required by the City
Engineer.
18. SURFACING
~~
~arking areas shall be surfaced with a minimum thickness of 3 inches of as-
phaltic concrete, concrete, or any City Engineer approved bituminous surfacing
over a minimum thickness of 4 inches of an aggregate base material. An ap-
propriate structural section of slag or other material may be approved by the
City Engineer and Director for storage areas of industrial uses, provided that
toxic or hazardous materials, including but not limited to those enumerated in
Section 8.80.0lD of the Municipal Code, are not located in such storage areas.
'.
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
development requires 150 or more parking spaces, with no more than a maxi-
mum of 10% of the total number of spaces designated as tandem and an atten-
dant is on duty during the normal hours that the commercial/industrial develop-
ment is open for business.
20. WHEEL STOPS/CURBING
Continuous concrete curbing at least 6 inches high and 6 inches wide shall be
provided at least 3 feet from any wall, fence, property line, walkway, or structure
where parkinltand/or drive aisles are located adjacent thereto. Curbing may be
left out at structure access points. The space between the curb and wall, fence,
property line, walkway or structure shall be landscaped, except as allowed by
the Development Review Committee. The clear width of a walkway which is ad-
jacent to overhanging parked cars shall be 4 feet. All parking lots shall have con-
tinuous 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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.
OFF-STREWADING STANDARDS -19.26
CHAPTER 19.26
OFF-STREET LOADING STANDARDS
19.26.010 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.
19.26.020 APPLICABILITY
Every nonresidential land use shall have permanently maintained off-street loading
areas pursuant to the following provisions.
19.26.030 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, day care centers, and other com-
mercial and industrial land uses.
The following minimum number of loading spaces shall be provided for each use:
~ Commercial, industrial, Off~, institutional, hospital, hotel, schools: ./
Gross floor area Spaces reqJ1ired
Less than 25,000 s.f. of gfa.
25,001 + s.f.
1
1 + additional as required
by the Director
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OFF-STREET.DING STANDARDS -19.26
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.)f)(.~~ (.,\ " 4 . li ).
.oJ.. 070\3/ (5~ rJ.-I'~.
19.26.040 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 freight and.equipment 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 light-
ing. shall be directed away from adjoining properties and public rights-of-way.
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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OFF-STRECWADING STANDARDS -19.26
5. PASSENGER LOADING
Passenger loading spaces shall be provided in addition to any required freight
and equipment loading spaces whenever required by a 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)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, and shall be set at least 3 feet from any wall,
fence, property line, walkway or structure.
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~G STANDARDS -19.28
CHAPTER 19.28
LANDSCAPING STANDARDS
19.28.010 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 incom-
patible land uses, preserving the integrity of neighborhoods, and enhancing
pedestrian and vehicular traffic and safety.
19.28.020 APPLICATION
A concept landscaping plan shall be submitted as part of a permit application, pursuant
to Chapter 19.~(Applications and Fees).
;;1-
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 pro-
vide the review authority with a clear understanding of the landscaping program prior
to the preparation ola detailed, comprehensive landscaping plan.
19.28.030 GENERAL REGULATIONS
The comprehensive landscaping plan shall be prepared following approval of the per-
mit application by the review authority. Submittal of the comprehensive plan shall be
concurrent 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 ~gation plan.
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~ING STANDARDS -19.28
1. Landscape designs shall be in harmony with the surrounding environment.
2. Landscape design and construction shall emphasize drought-tolerant
landscaping whenever / wherever possible.
3. Processing of landscape plans shall conform to the policies and procedures of the
Department of Public Works/City Engineer. A fully dimensioned comprehen-
sive 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.
4. The planting of treeS and shrubs shall comply with the following installation
requirements:
A.
1~1 I
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:
II=.
20%,24 inch box;
50%, 15 gallon;
In addition, mature trees shall be provided for variety and emphasis of
focal areas as follows:
15% mature specimen trees in 36 inch box
15% mature specimen trees in 48 inch box
Shrubs_
80%,5 gallon; and
20%,1 gallon
Groundrover
100% coverage within 1 year
B. 'Ii'ees shall be long-lived (minimum life expectancy of 60 years), clean,
require little maintenance, be structurally strong, insect and disease resis-
t~ and require little pruning.
I\lE I
C. 'Ii'ees 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."".^(23)(~ (Solar Energy Design Standards).
.;ro .0)" (~3)
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~ING STANDARDS -19.28
5.
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.
. I'1.e-
Where trees are planted In paved areas, they shall have a protect. tree grate.
Tree grates shall be caste iron with a natural finish. A deep root system shall be
used.
,
6. Concrete mow strips are required to separate all turf areas from other landscaped
areas for all developments except single family residential.
7. 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. 19.1eC.JOe( below.
.,.'/'.040
8. Appropriate shrubbery and creeping vines shall be provided along all walls and
fences adjoining public rights-of-way.
9. When inorganic groundcover is used, it shall be in combination with live
plants and shall be limited to an accent feature.
10. All landscaping shall have an approved automatic irrigation system.
11. All residential subdivisions shall be provided with trees, shrubs, and ground
cover of a type and quality generally consistent or compatible with that charac-
terizing single-family homes in the front yard and that portion of the side ~
which are visible from the street. All landscaped areas shall be provided~
automatic irrigation system adequate to insure their viability. The landscape and
irrigation plans shall be approved by the Parks and Recreation, Planning and
Building Services, and ~~~'"' Departments.
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~ING STANDARDS .19.28
19.28.040 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 28.01 sets forth the type of screening method required between various
uses in order to provide a mechanism to buffer po . negative impacts.
To determine the type of screening required . ~)~ C), find the use in the
"Developing Use" column which is similar to the 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.
'.
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TABLE 28.01, t:ENING Kc~UII(CI"lt:I'4I~
.
J - < < < (.) (.) < (.)
J
15 -- < < < (.) (.) < (.)
~ ......~
'.
.j --- < < < <
5- ---
~.
~j -- (.) (.) (.) < (.)
'" ---
_A- < <C < < (.)
.. -....
H-
~!-- .. <C <C <C < (.)
- _WIll
h
.. -- (.) (.) <C (.)
_-n (.)
-.... <C <C <C <C <C <C <C < (.) <C <C <C
...-
- a3 a3 <C a3 <C <C <C <C < (.) <C <C <C
...-
l ...- a3 a3 a3 a3 a3 (.) < a3 <C
. ,...--..
i
~ ..A <C <C <C < (.) a3
'" .....-
-.... <C <C <C <C (.) a3 <C
--
-...... a3 a3 <C (.) <C <C a3 <C <C a3 <C <C <C
--- (.) (.) (.) (.) (.) <C <C (.) <C <C a3 <C <C
.....-.
" "ooo'O~ .. <C <C (.) <C (.) <C \J <C <C <C <C a3 a3 <C <C <C <C <C <C <
1 -...-
j -- a3 a3 a3 (.) (.) <C a3 <C <C (.) <C <C <C a3 <C <C
. ...-
..
.. --... <C <C
1"-.... 4, ...... <C (.) a3 <C <C <C <C <C <C (.) <C a3 <C <C a3 <C <C <C
,il -- <C <C a3 <C <C (.) a3 (.) <C <C (.) <C <C <C a3 <C <C <C
" . --..
.........., a3 a3 (.) (.) <C (.) a3 <C <C <C <C m <C <C <C <C <C <C <C <C <C
-... .... <:t-
- m a3 (.) <C <C <C ~ m <C <C <C <C m <C <C <C <C <C <C <C <C <C
-..."
i -- m m <C <C <C <C m <C <C <C <C <C
j -.....~.., .. (.) (.) a3 (.) a3 ~ <C <C <C <C
.
.I - m <C <C <C <C <C <C <C <C <C
" -- (.) m a3 (.) m m ~ <C <C <C <C <C
--, <C m <C m <C m "l:: m <C <C <C <C <C <C <C <C <C <C <C <C <C <C
-... ..,
ISIl CBUm&oIIIO Ii .
Dt&1IID JIrII:'.ra. i .. .
. i.. j 1 1. ..
.. . 11 'B.
II Ii ;1 . ~ 1 11 .Ji~ 1 it ~{
~: 1~ Ii H
fi . n . it : 11 ii t If -2, Ii
, . .. It 1., .~ f:
U H H .... ".
1- vJ! .,1 . er ~.B i
t- .- n ~i . . Ii
:f :::11 . )1 II .. ji U i" :i ~"
Ie 0 a ~- .i g
Ii e! ~ !I o. ;I'
d- 0= ,! :> :'S. .:I. j!. j' ::
... ..~
.. ..
!l J i ... ~.
. 5:' 5j .
" i :! . v .
;; i .l! i Yo 5- .
.~ ;;- 0- 0 :>
.. . ..oS ." v= .
0 :II ". 8 =0
... . -.. U Ii" H ~
.. I li. ..ll li
>
.. .,; .. .. '" ,; .. ..
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~ING STANDARDS -19.28
3. The three basic types of screens that are required by Table 28.01 "Screening
Requirements", are as follows:
A. ~Q~g~E~
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 separation.
Theascreen may be composed of a wall, fence, or densely planted
vege ti ompliance of planted vegetative screens will be judged on
the of the average mature height and density of foliage of the subject
species, or field observation of existing vegetation. The opaque portion of
the screen must be opaque in all seasons of the year. At maturity, the por-
tion of intermittent visual obstructions should not contain any completely
unobstructed openings more than 10 feet wide. Suggested planting pat-
terns are shoWn in Figure 28-1.
B. ~-9W>~~~WU-
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
least 20 feet. The semi-opaque screen is intended to partially block visual'
contact 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.
A screen composed of intermittent visual obstructions from the ground to
a height of at least 20 feel The broken screen is intended to create the im-
pression of a separation of spaces without necessarily eliminating visual
contact between the spaces. It may be com~ of a wall, fence,
landscaped earth berm, planted vegetatioUr 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 sub-
ject species, or field observation of existing vegetation. The screen may
contain deciduous plants.
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LANDSCAPING STANDARDS -19.28
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
standards.
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.
TYl'EA
TYl'ICAI. O'AQUE SCREENS
SMAll tREES ,LANtED
30' ON CENTlR.
6' HIQH EVEIca..EEN
SClIlNINQ SHIUIS
,LANtED" O.e.
FIGURE 28-1
TYPICAL SCREENING METIIODS
~--~
40' ON CENTlR.
___ 6' HIGH
_ _ ... _ . MASONIY' WALL
WI. EVlKHIN tUU
_ERftAHlID.
WItH lRANCHES
toUCHlHla laROUND.
t'nE I
~:n" n
~tL
. _ .. .R!l.
" ~ -.'~ '.. '.,.
SMAIl. tRla,LANtED
3D' ON CINllR.
3' HIllH WAll.
TYl'EC
~l~
.,.
SMAll tRIES P\ANlED
3D' ON CINllR.
SMAIl. tRlD ftAHlID
2O'.3D' ON CENltR
ON to, OF 10M,
3' H_ IEIM
WItH liROUHDCOVlR.
-= SMAIl. tRIa P\ANlED
30' ON CINTlR.
OHN FlNCE
~--~
40' ON ClNTlR.
. . 3' HIllH MR/iREIN
. SHRUI HEDliE
,LANtED 3' O.C.
~--~
40' ON CENTlR.
.. .. _ .\ ASSOIlID SHRUI.ERY.
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~ING STANDARDS -19.28
19.28.050 SETBACK AND PARKWAY TREATMENT STANDARDS
Landscape plans for setback and parkway areas shall include but not be limited to the
following:
1.
Setback and parkway areas shall be properly designed and landscaped in
order to establish a high level of development quality while providing for neigh~
borhood identity where appropriate. The design shall utilize uniform street tree
plantings with complementary landscape materials.
'.
2. Provide a design which ensures the desired screening, shading, appearance
and compatibility with established setback and parkway areas, including a sensi-
tive transition between 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.
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 determined by the Director
of Parks and Recreation. The Parks and Recreation Department shall mark loca-
tions and inspect plant material on site, prior to 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.
19.28.060 CORNER TREATMENT STANDARDS
Landscape plans for any development involving comer lots shall include additional spe-
cial design requirements, including but not limited to the following:
1. A minimum landscape area of 300 square feet for comer 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 comer landscape plan within the "Traffic Safety Sight Area",
as defined, shall be designed to protect public safety.
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.
~ING STANDARDS -19.28
19.28.070 INSTALLATION OF LANDSCAPING
All required landscaping shall be properly installed, irrigated, inspected and per-
manently maintained prior to use inauguration or the issuance of a Certificate of Oc-
cupancy, whichever first occurs. The landscaping and irrigation shall be inspected as
stated in the procedures and policy for landscaping and irrigation.
19.28.080 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.
~,.. ~.ve"....T .,,1 .usU'~ i, ""ter- alii _;,,1.;,,__
2. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a
maintenance agreement ubject to the approval of the City Attorney. The agree-
ment or covenant and easement to enter and maintain shall ensure that if the
landowner, or subsequent owners, fails to maintain the required/installed site
improvements, the City will be able to file an appropriate lien(s) against the
property in order to accomplish the required maintenance.
19.28.090 REMOVAL OR DESTRUCTION OF TREES
~
Landscaping for the purpose of erosion control shall be in compliance with the stand-
ards outlined in Chapter 15 of the Municipal Code.
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19.28.090 RBMOVAL OR DESTRUCTION OP 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.
Prior to any permit issued for tree removal, all existing
trees on-site shall be surveyed by the Department of Parks,
Recreation and Community Services at the developers expense.
Unless there is a pre-approved tree replacement plan, each
tree that is removed in a new subdivision and is considered
to be of significant value by the Department of Parks,
Recreation and Community Services shall be replaced with a 36
inch box specimen tree in the subdivision in addition to any
other required landscaping. Such a plan does not necessarily
require a tree for tree replacement provision. Commercial
tree farms, City Government projects, and individual single
family residential lots less than one acre shall be exempt
from this provision.
,
.
~
19.2SJ1tf APPLICABLE REGULATIONS
LAN~ING STANDARDS -19.28
v~ {, t1
/11
\ \ -' ,
\
J,dt/ P
,?'1'
~ '{,
\~f')J"JJ
\\ .If.
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SUBeSION REGULA nONS -19.30
CHAPTER 19.30
SUBDIVISION REGULATIONS
19.30.010 GENERAL
The subdivider, as a condition of approval of the final or parcel map shall, consistent
with Map Act Sections 66411.1 and 66462.5, improve or agree and guarantee to improve
all land either within or outside the subdivision to be used for public or private streets,
alleys, pedestrian ways, easements or other improvements in compliance with this
Development Code.
19.30.020 REQUIRED IMPROVEMENTS
Completion of improvements outlined within this Chapter shall be in compliance with
any agreement entered into by the subdivider and the City as well as plans and stand-
ard specifications applicable at the time of issuance of grading or building permits.
19.30.030 BLOCK STANDARDS
The lengths, widths and shapes of blocks shall comply with the following standards:
1. Convenient access, circulation, control and safety of street traffic, as outlined
in the Circulation Element of the General Plan;
2. Lot specifications, as outlined in this Development Code; and
3. Limitations and opportunities of existing topography.
19.30.040 GRADING
=J_1't
Proper grading erosion control, including the prevention of sedimentation or
damage to . property shall be in compliance with the standards outlined in Chap-
ter 15 of the Municipal Code, and Map Act Section 66411.
19.30.050 IMPROVEMENT STANDARDS
ap, shall ovi:e 9ta1J
oro id theyu~d' . ~~
.n...'D t
a. /-:s .
a-'?~,"^4N'
3 - 5
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19.30.050 IMPROVEMENT STANDARDS
1. The subdivider, ~~ ~ ~~~~i~ieR gf ~rrrgval sf a
t~fttativG map, shall provide and install all required
street and related improvements, either within or
outside the subdivision, in compliance with the policies
and procedures of the Department of Public Works/city
Engineer, and the serving utility coml?any. fh-e;<.- IM-p';;."-,,,,~,,,c ''''2''J'''"L~t
~l. b.c~ "~I.)~...-A.. ~f..~ Cl (...,.~,t.~L(,.e-/,I..-"'_ .of I>i.Plr,'v'-<' ,'.--c ffie.. re,I"..Tc~.b...'t'- }1.oot..c:lp, ~t,..q,.eJ) c/..........( ~k
be (.:f.n.....Q...~;{.. ('r h".H.l~_,( 1Z'r: p."er' ~ r"-<frd.t:;<.>bOA. L,f-l-t.e l"i.":--f..'~.
2. Af~er f~nal approval of ~he street ~ghtlng systems, it f
shall become the property of the city. The systems
shall not be installed by a public utility or attached
to poles or to a system owned by a public utility.
3. The subdivider shall pay to the City the cost of
electrical energy for the street lighting system
installed for his/her subdivision for a period of forty-
eight months from the date of acceptance by the Director
of Public Works/City Engineer. Payment shall be made to
the city in one lump sum, prior to map recording, based
on estimated rates approved by, and on file with the
Director of Public Works/City Engineer.
.
SUB&lON REGULATIONS -19.30
19.30.060 LOT STANDARDS
The design, size, shape and orientation of each lot, which provides for a suitable build-
ing site, shall be appropriate to its location and type of development contemplated. The
following standards shall apply:
1.
The lot lines of all lots, so far as practical, shall be at approximately right
angles to the fronting street, or approximately radial to the center of the curva-
ture, if the street is curved. Sidelines of each lot shall be approximately radial to
the center of the curvature of a cul-de-sac, where applicable;
2.
No lot shall be divided by a City or special district boundary line. Division of
the lot by a tax code boundary shall be avoided;
3.
Comer lots for residential use shall have extra width pursuant to Section
19JeE~to permit appropriate building setback from both streets;
.01f.oJo(l} (1.J,.l, Ocf.Dd)
Through lots and reverse comer lots shall be avoided;
4.
5.
All lots that abut on arterial streets or the freeway shall have an additional
10 feet of depth which shall be included as part of the landscape maintenance dis-
trict;
No remnants oioperty, with the exception of 1 foot controll.L1~"d approved
nonbuildable si s all be created which do not conform to lot r~:nents or
which are not r ed for public or private utility purposes;
6.
7.
Lot lines between adjacent lots within a subdivision shall be located at the top of
any graded slope; and
8.
All lots shall conform to the requirements contained in this Development Code.
19.30.070 MEDIAN STANDARDS
Median islands shall be installed as a condition of approval of a tentative map at ap-
propriate locations, and in compliance with City standards in effect at the time of is-
suance of a Construction Permit.
19.30.080 SANITARY SEWERS
The subdivider, as a condition of approval of a tentative map, shall provide and install
adequate sanitary sewer facilities, either within and/ or outside the subdivision, in com-
pliance with the policies and procedures 07Public workf~ ~ .
~~.~
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SUBDelON REGULATIONS -19.30
19.30.090 STORM DRAINAGE RETENTION
The subdivider, as a condition of approval of the tentative map, shall provide and in-
stall storm drainage and/ or retention improvements, either within and/or outside the
subdivision, in compliance with the policies and procedures o7PubliC Workr~ ~ .
19.30.100 STREET TREES ~~, trf
The subdivider, as a condition of approval of a tentative map, shall provide and install
approved street trees within the street right-of-way, dedicated planting easement, or
within a combination of both in compliance with City standards.
For street trees not installed at time of acceptance of the public improvements, the sub-
divider shall deposit funds in the amount established by the Council. These funds shall
be deposited in the Street Tree Fund, and shall be used for the purchase and planting of
street trees, as the lots become occupied. The subdivider shall provide a specified list of
City approved trees for selection by the new lot owner.
19.30.110 UNDERGROUND UTILITIES
The subdivider, as a condition of approval of a tentative tract map, shall provide for the
undergrounding of all existing and proposed utility distribution or transmission
facilities (e.g. cable television, electric, gas, telephone and water), within the subdivision
and along peripheral streets, in compliance with the following standards:
1. Utility lines, including, but not limited to, electric, communications, street-
lighting and cable television shall be required to be placed underground in com-
pliance with the specifications of the public utility providing such services. The
subdivider is responsible for complying with the req~. ents of this Section,
and shall make the necessary arrangements with th tili mpanies for the
granting of easements and installation of such facili . est.J Ex ptions to the under-
ground requirements are as follows: f'
A. Transformers, pedestal-mounted terminal boxes, meter cabinets and
concealed ducts may be placed above ground if within the subdivision
and are used solely in connection with the underground transmission or
distribution lines;
B. Poles supporting street lights, and the electrical lines within the poles,
may be situated above the surface of the ground;
C. The Council may waive any requirement of this Section if topographical,
soil or other similar physical conditions make such underground installa-
tion unreasonable or impractical;
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SUB.ION REGULA nONS -19.30
D. Any Parcel Map with a maximum of 4 residential parcels, no parcel
of which has previously been exempted from this Section; and where at
least 50% of the surrounding area within a radius of 500 feet has been pre-
viously developed without undergrounding utilities;
E. That portion of a previously developed nonresidential Parcel Map; and! j
F. The requirement to underground shall apply to all utility lines
traversing a subdivision, or installed along either side of the streets and al-
leys adjoining the subdivision, except for electrical lines of 33 KV A or
more. Where 1 line is exempt, all parallel lines on that same pole shall be J
exemptX .
2. Subdividers shall make the necessary arrangements with cable television
operators to comply with the following requirements with respect to cable
television installation in residential subdivisions:
A. Pre-wire all residential structures;
B. Connect laterals to each residential structure with a minimum of 2 out-
lets wired in each structure; and
C. Install "flush mounts" or "pedestals" as required by the cable television
operator which will service the subdivision.
3. Payment for costs of undergrounding shall be as follows:
A. Arrangements, including payment of costs, shall be made by the sub-
divider directly with the serving utility company(s). Undergrounding of
utility structures may be done by the subdivider, with permission from
the serving utility;
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B. For subdivisions with frontages of less than 300 feet, the City Engineer
may accept a cash payment from the subdivider, in lieu of immediate un-
dergrounding of the lines. Payments will be based upon a written es-
timate of the short unit cost from the serving utility company(s), and will
reflect the subdivision's proportionate share of the estimated cost for un-
dergrounding the lines over the entire area adopted by the City Engineer .
r f 'l"t tQ C!~t>v.. (C) (1} l....~-.Ii. Determination may be made by the
City Engineer at the time any application is made to pay fees pursuant to
this Section;
C. A Subdivider with property frontage of any length may elect to enter
into an agreement with the City to defer the undergrounding until the
utility lines along the frontage of 1 or more of adjoining parcels are un-
dergrounded. The agreement shall require l~O of the underground-
ing, as determined pursuant to subsection 3)' ~ to be made in semi-an-
nual payments over a period of 5 years. a ent shall be secured
by a bond, or security interest in the subject real property;
D. A subdivider with property frontage of any length may petition the City to
establish an assessment district to fulfill the requirement for underground-
ing utilities. Prior to issuance of a Certificate of Occupancy or Cel\ditieftal-r,,?" "0
Certificatof Occupancy for any structure in the subject subdivision, sub-
divider \Sllall have an assessment district in place or ~~~:e m~
provision for undergrounding pursuant to Sections ~uou~
E. In the event that property on the opposite side of any street or highway from
the property line along which undergrounding is required is vacant, and a
single set of poles carry the overhead utility lines for both sides of the
street or highway, the subdivider shall pay 50% of the estimated cost of
undergrounding. When the vacant property is developed, the subdivider
of the property shall, as a condition of the issuance of building permits, be
required to pay the remaining 50% of the cost of such undergrounding.
Where the property is not vacant, or more than 1 set of poles carry utility
lines along the street or highway, the subdivider shall pay the full cost of
required undergrounding; and
F. Unless otherwise specified any other provision herein notwithstanding, the
entire cost to underground street crossing utility lines shall be the respon-
sibility of the subdivider of the property served by the utility lines.
4. Deposit of payments for costs of undergrounding shall be as follows:
A. All payments collected pursuant to this Section shall be deposited into a City
administered line item account for undergrounding utilities. Separate ac-
counts shall be maintained for undergrounding in defined geographic
areas throughout the City, as established by the City Engineer; and
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SUB.ION REGULATIONS -19.30
B. In no event shall the payments from subdividers on both sides of the
street exceed the total estimated cost for undergrounding utilities along
that section of street plus reasonable costs of administering this Section as
approved by the Council.
19.30.120 WALLS
Each lot located on the exterior boundary of the subdivision shall have a wall adequate
to prevent access between the lot and adjacent properties subject to the approval of the
Director and in compliance with this Development Code.
19.30.130 WATER SUPPLY
The subdivider, as a condition of approval of a tentative map, shall provide and install
adequate water supply facilities, either within and/ or outside the subdivision, in com-
pliance with the requirements of the applicable water district. Design and installation
plans shall be subject to approval by the Water Department.
19.30.140 WELLS
Any water wells which are required to be abandoned by conditions of approval or state
law shall be abandoned in a manner approved by the City Engineer and the State
Department of Water Resources. The location of any well shall be delineated on the
final or parcel map, and well logs, if available, shall be submitted to the City.
19.30.150 WIND EROSION
A subdivider, as a condition of approval of a tentative map, for a subdivision located
within an area subject to high wind erosion shall comply with the following standards,
consistent with the General Plan and this Development Code:
1. A solid masonry wall with a height of 6 feet and subjectto design and
materials approval by the Director shall be constructed on the peripheral bound-
ary of the subdivision to protect it from the prevailing wind. Where the required
wall extends over a future street opening, a fence, 6 feet in height, and subject to
design and materials approval by the Director, may be substituted for the mason-
ry wall;
2. Lots within and/or outside of the subdivision that have had soil disturbed
during construction shall be covered with protective landscaping materials, sub-
ject to the approval of the City Engineer; and,
3. Prior to and during construction, streets and disturbed open areas within
and/ or outside of the subdivision shall be treated by watering or other approved
method to prevent fugitive dust.
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19.30.160 DEFERRED IMPROVEMENT AGREEMENTS
1. SUBDIVISIONS OF 4 OR LESS PARCELS
The frontage improvements may be deferred when deemed appropriate by the
City Engineer. Deferral will be allowed when the City Engineer finds that con-
struction is impractical due to physical constraints, or the surrounding neighbor-
hood is absent similar improvements. When improvements are deferred, the
subdivider shall enter into an agreement with the City for the installation of all
frontage improvements at a future date as determined by the City. The agree-
ment shall provide for the following:
A. The agreement shall be acceptable to the City Engineer and City
Attorney;
B. Construction of required improvements shall begin within 90 days of
the receipt of notice to proceed from the City;
C. In the event of default by the owner or successors, the City is authorized
to cause the construction to be done and charge the entire cost and ex-
pense to the owner or successors, including interest from the date of
notice of the cost and expense until paid;
D. This agreement shall be recorded in the office of the County Recorder at
the expense of the owner and shall constitute notice to all successors of
title to the real property of the obligation set forth, and also a lien in an
amount to fully reimburse the City, including interest as above, subject to
foreclosure in event of default in payment;
E. In event of litigation caused by any default of the owner or successors,
the owner or successors agree to pay all costs involved, including
reasonable attorneys fees, which shall become a part of the lien against the
real property;
F.
The term "owner" shall include not only the present owner but also
heirs, successors, executors, administrators and assigns, with the intent
that the obligations undertaken shall run with the real property and con-
stitute a lien against it; andj
Any other provisions deemed necessary by the City.
/
G.
The agreement shall not relieve the owner from any other specific requirements
of the Map Act or this Development Code.
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2. REMAINDERS
Where remainders are made part of a final or parcel map, the subdivider may
enter into an agreement with the City to construct improvements within, and
along exterior boundaries of the remainder at a future date and prior to the is-
suance of a permit or other entitlement for development of a remainder parcel.
The improvements shall be at the subdivider's expense. In absence of an agree-
ment, the City may require completion of the construction improvements within
a reasonable specified time following approval of the final or parcel map upon a
finding that completion of the improvements is necessary for the following
reasons:
A. The public health and safety; or
B. The required construction is a mandatory prerequisite to the orderly
development of the area.
19.30.170 DESIGN
..ft-s ;+...
The design and layout of all required improvements, both on and o~, public and
private, shall conform to generally accepted engineering standards, the Map Act and ap-
plicable provisions of the Municipal Code.
1. STREETS
The design and layout of all required streets shall comply with the following
standards/ requirements:
A. In compliance with the Circulation Element and all other related
provisions of the General Plan;
B. Direct driveway access shall be avoided when possible from arterials
and collector streets as identified in the Circulation Element. Circular
driveways or turnarounds shall be provided when direct access is un-
avoidable; and
C. In compliance with standards established by the City Engineer including:
1. Specific cross-section street standards, based upon and related
to the use to be made of the street(s); ...
~
2. Offset intersections shall be a minimum of 150 feet centerline to
centerline for local streets. A greater distance shall be established
~ for larger streets as determined by the City Engin~ j ~
3. No cul-de-sac shall exceed 500 feet in length unless approved by
the Planning Commission or as otherwise provided in Chapters
19.15 and 19.17.
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2.
SIDEWALKS .
~C0'-t C4-~~ ~/'i./? ~ /7.;7,)
s ,Sidewalks shall be provided for all lots included in the subdivision. The
sidewalks shall be of such width as may be required by the Policies and Proce-
dures of Public Works, but in no case less than 6 feet in width adjacent to the
curb in a residential area, or less than 5 feet in a commercial or industrial area.
Considerations in design are to be given for handicapped persons and senior
citizens. In addition, the following shall apply:
A. Required sidewalk widths lxt. may include street signs, lights, fire hydrants,
etc. These sidewalks should be located adjacent to the curb. However, in no
instance may the clear path of travel be reduced to less than 4 feet.
B. Meandering sidewalks, where used, shall be 5 feet in width and shall
not include street signs, lights, etc;
j
C. Sidewalks constructed of alternative paving materials as approved by
the City Engineer, shall have smooth surfaces to ensure pedestrian safety.
Asphalt shall not be used as an alternative paving material; and
D. Undulating sidewalks are not permitted.
3. ALLEYS
All alleys shall have a minimum width of 20 feet. Intersecting alleys shall have a
comer cutoff or radius of not less than 20 feet.
4. CORNER TREATMENT
At all block comers there shall be a rounding at the curb to a minimum radius
of 25 feet. There shall also be a rounding of the property lines or a comer cutoff
as established by the City Engineer.
19.30.180 CABLE TELEVISION SERVICE
The design of a subdivision shall provide 1 or more appropriate cable television sys-
tems an opportunity to construct, install and maintain any necessary equipment, pur-
suant to Map Act Section 66473.3. Conduits and manvaults shall be dedicated to the
City. This Section is not intended to require free access to a subdivision, but to allow a
cable franchise the opportunity to negotiate for providing service.
19.30.190 ENERGY CONSERVATION
The design of a subdivision shall provide, to the extent feasible, for future passive or
natural heating or cooling opportunities, pursuant to Map Act Section 66473.1.
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19.30.200 ACCESS
All subdivisions shall abut upon or have an approved access to a public street. In addi-
tion, the following standards shall apply:
1. Each lot or unit within the subdivision shall have approved direct access
to a public or private street;
2. Street layout shall be designed to provide for future access to, and not
impose undue hardship upon, property adjoining the subdivision;
3. No new direct driveway access from individual residential lots onto divided
major arterials, major arterials or minor arterials shall be permitted, unless ap-
proved by the Director and City Engineer.
4. In the case of private streets, the subdivider shall provide an appropriate
method for permanent maintenance subject to approval of the City Engineer and
the City Attorney; and
5. Reserve strips, or non-access at the end of any street or at the exterior boundary
of the subdivision, shall be dedicated unconditionally to the City, when required.
:L..
6. A tentative tract or parcel map shall provide for at least ...different standard
routes for ingress and egress. A standard route is a road which is dedicated to
the City and has a minimum paved width of 24 feet.
19.30.210 IMPROVEMENT PLANS
Improvement Plans shall be prepared by a registered civil engineer licensed by the State
of California, and shall include, but not be limited to, all improvements required in this
Chapter.
1. FORM AND CONTENT
The form, content and supporting data of an improvement plan shall conform
to the requirements of the City Engineer.
2. REVIEW AND APPROVAL BY CITY ENGINEER
The subdivider shall submit the preliminary improvement plans and all support-
ing data to the City Engineer for review. The subdivider shall revise the improve-
ment plans until in final form as deemed by the City Engineer. Upon completion
of the improvement plans and satisfaction of all other requirements of this
Development Code, the subdivider shall transmit the original set of improve-
ment plans to the City Engineer for final review and signature. The originals
shall be retained by the City.
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Approval by the City Engineer shall in no way relieve the subdivider or the
subdivider's engineer from responsibility for the design of the improvements
and for any error, omission or any deficiency resulting from the design or from
any required conditions of approval of the tentative map.
3. REVISIONS TO APPROVED PLANS
A. BY SUBDIVIDER
Requests by the subdivider for revisions to the approved plans, ap-
pearing necessary during construction, shall be submitted in writing to
the City Engineer and shall be accompanied by revised drawings showing
the proposed revision(s). If found acceptable and consistent with the ap-
proved tentative map, the amended originals shall be initialed by the City
Engineer. Construction of any proposed revision(s) shall not proceed
until the revised plans have been initialed by the City Engineer.
B. BY an ENGINEER
When revisions are deemed necessary by the City Engineer to protect
the public health and safety, or as field conditions may require, a request
shall be made to the subdivider. The subdivider shall revise the plans and
transmit the original(s) to the City Engineer for initialing within the time
specified by the Engineer.
Construction of all, or any portion of, the improvements may be stopped
by the City Engineer, in compliance with Chapter 12 of the Municipal
Code, until the revised drawings have been submitted, approved and ini-
tialed.
19.30.220 IMPROVEMENT AGREEMENT
The improvement agreement shall be prepared and signed by the Mayor and approved
as to form by the City Attorney. The agreement shall provide for the following:
1.
Construction of all improvements according to approved plans and specifica-
tions on file with the City Engineer;
.3u.~.;lo ('i.~~
Completion of improvements within the time specified by Section 19.XXJCYJC,....
2.
3.
Right by City to modify plans and specifications;
4.
Warranty by subdivider that construction will not adversely affect any
portion of adjacent properties;
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SUU.SION REGULATIONS -19.30
5. Payment of fees in compliance with the City's "Schedule of Fees";
6. Payment of in-lieu fees for undergrounding of utilities on peripheral streets as
well as payment of in-lieu fees for parkland dedication as may be required;
7. Payment of Area of Benefit Fees, if applicable;
30'''0
8. Improvement security as required by Section 19J(X.~ Improvement
security for subdivisions of 4 or less parcels shall be provided before perfor-
mance of the work;
9. Maintenance and repair of any defects or failures and causes thereof;
10. Release of the City from all liability incurred by the subdivision and payment
of all reasonable attorney's fees that the City may incur because of any legal ac-
tion resulting from the subdivision; and
11. Anyother deposits, fees or conditions required by this Development Code,
and as may be required by the City Engineer.
19.30.230 IMPROVEMENT SECURITY
1. REOUlRED
Any improvement agreement, contract or act required or authorized by the
Map Actr for which security is required, shall be secured pursuant to Map Act
Section 66499.
2. GENERAL
A. IMPROVEMENT AGREEMENT
The subdivider shall enter into a contract with the City, acceptable to the
City Attorney, to make, install and complete within the time fixed, but in
no case more than 2 years from the date of execution of the contract, all im-
provements and land alteration{s) in compliance with approved plans.
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B. SECURITY ARRANGEMENTS
1. The subdivider shall file security to guarantee completion of
public and private improvements with the improvement agree-
ment as follows:
a. A faithful performance security in an amount deemed
sufficient by the City Engineer to cover up to 100% of the
total estimated cost of all required improvements including
bonding requirements for grading as outlined in Chapter
15.04 of the Municipal Code;
b. A labor and material security to cover up to 50% of the
total estimated cost of all required improvements;
c. A grading security as required by Chapter 15.04 of the
Municipal Code;
d. A monumentation security in an amount stipulated by
the City Engineer to cover the cost of placing lot comers and
other related monuments;
e. If the required subdivision improvements are financed
and installed pursuant to special assessment proceedings,
upon the furnishing by the contractor of the faithful perfor-
mance and labor and material security required by the spe-
cial assessment act being used, the City may reduce the im-
provement security of the subdivider by an amount
corresponding to the amount of the security furnished by
the contractor; and
f. Notwithstanding the above, the subdivider may satisfy
the requirement for security of certain improvements by
providing proof that same has been posted with another
public agency subject to the approval of the City Engineer.
I
2. Security may be ~of the following types subject to the
approval of the City Attorney as to form:
a. Bonds. All bonds shall be executed by a surety company
authorized to transact business as a surety, and have an
agent for service in California, together with an "A" policy
holder's rating and a financial rating of at least "V" in com-
pliance with the current "Best's" ratings. The bond(s) shall
contain the nearest street address of the institution provid-
ing the bond(s).
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b. Cash D~posits. In lieu of the faithful performance and
labor and material bonds, the subdivider may submit cash
deposits or negotiable bonds of a kind approved for secur-
ing deposits of public monies under the conditions
hereinafter described.
Disbursements from cash deposits shall be made in com-
pliance with a separate agreement between the subdivider
and the City. A bookkeeping fee of 1 % of the total amount
deposited with the City for each cash deposit shall be sub-
mitted with each security. Disbursements from a cash
deposit in any instance shall not be permitted unless and
until authorized in writing by the Director.
c. Letter of Credit. In lieu of faithful performance and labor
and material bonds or cash deposits, the subdivider may
submit a letter of credit subject to the California Commercial
Code and under the conditions hereinafter described. The
letter of credit shall be issued by a financial institution or-
ganized and doing business in, and subject to regulation by,
the State of California or federal government, in a form, con-
tent, and duration as approved by the City Attorney, and
shall pledge that the funds necessary to meet the perfor-
mance are on deposit and guaranteed for payment and
agree that the funds designated by the instrument shall be-
come secured trust funds for the purposes set forth in the in-
strument. The letter of credit shall contain the nearest street
address of the institution providing the instrument.
3. The City Clerk shall not endorse or sign its certificate contained
on the final map unless and until improvement security as
hereinabove specified has been posted.
4. The requirements stipulated above are applicable to any parcel
map for which the installation of any public improvements or grad-
ing is a condition of approval.
5. No final or parcel map shall be presented to the Council for
acceptance until the requirements of this Section have been met
and until all charges established by the Council and pertaining to
the property being subdivided have been paid.
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3. I!oWlOllEMENT AGBEEMl'.>IT NOT REOmRED WITH SPECIAL PFJI.~
Should the subdivider desire to do certain work prior to entering into an agree-
ment with the City to install and complete all subdivision improvements and al-
teration work, the subdivider may make an application to do so under a special
permit. This application shall be accompanied by detailed plans, describing the
work which is proposed. The Director and City Engineer may issue a special per-
mit to the subdivider upon submittal of an application, provided security has
been posted in an amount which would insure the rehabilitation of the land, in-
cluding grading and planting, in the event the subdivision map does not record.
The security and contractor's qualifications shall be in compliance with this Sec-
tion. When the special permit is for all work required in connection with the sub-
division and the work has been completed and inspected prior to map recorda-
tion, an improvement agreement will not be required.
4. AGREEMENT BETWEEN DEVELOPMENT DEPARTMENT AND CITY IN
LIEU OF BOND
~
tween the Development Department of the City and the City,
e City Attorney and unconditionally providing and guaranteeing
that said a shall provide any or all required improvements and pay the
costs thereof pursuant to the provisions of this Chapter, and which pledges the
full faith and credit of said Development Department, may be filed with the City
Engineer as security in lieu of bond, cash, or certificate of deposit whenever the
project is located in a redevelopment project area or the project is covered by a
disposition and joint development agreement of which the City or Development
Department is a party. The guarantee agreement shall recite that the improve-
ments will be in compliance with the redevelopment plan, if any, for the area and
in furtherance of the public interest in promoting public or private development.
5. RELEASE OF SECURITY
Security provided may not be released. In the case of a letter of credit, the
issuing bank or association will receive a copy of the Notice of Completion.
A. PROGRESS PAYMENTS
Progress payments may be made to the subdivider from any deposit
money or letter of credit which the subdivider may have made in lieu of
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SUB.ION REGULATIONS .19.30
B. RELEASE OF SECURITY
Improvement bonds given for faithful performance of the agreement
shall be released upon final inspection and acceptance by the City En-
gineer. The labor and material bond shall be retained to secure payment
to the contractor, the subcontractors, and to persons renting equipment or
furnishing labor or materials for 6 months after completion and accep-
tance of the work. Following the 6 month period, the labor and material
security may be reduced to an amount not less than the total of all claims
on which an action has been filed and notice given in writing to the City.
C MUUNTENANCEGUARANTY
The subdivider shall guarantee all public improvements for a period of 1
year from the date of final acceptance and shall correct any and all defects
or deficiencies arising during that period of limitation outlined in Code of
Civil Procedure Sections 337 and 337.15, as a result of the acts or omis-
sions of the subdivider, its agents, or employees. The subdivision guaran-
ty shall be backed by a bond or cash deposit in the amount of 25% of the
surety posted for improvements. The City shall provide written notice of
the defect or deficiency. In any instance where the subdivider fails to take
action within the specified time, or when immediate action is required to
protect the public health, safety and/ or welfare, the City may cause the
work to be performed and call on the surety for reimbursement. The
maintenance security shall be submitted prior to final acceptance of the
public improvements by the City.
D. FORFEITURE OF SURETY
In the event that subdivider fails to complete all improvement work in
compliance with the provisions of this Section and the improvement
agreement, and the City shall have to complete the same, the City shall
call on the security for funds necessary to complete the improvement as
reimbursement or shall appropriate from any cash deposit funds for reim-
bursement. If the amount of any security shall be less than the cost and ex-
pense incurred by the City, the subdivider shall be liable to the City for
such difference. Any cash remaining in the possession of the City after
completion of the improvement, shall be returned to the originator minus
normal administrative costs.
19.30.240 CONSTRUCTION AND INSPECTION
The construction methods and materials for all subdivision improvements shall con-
form to City requirements.
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Construction shall not commence until all required improvement plans have been ap-
proved by the Oty Engineer and all applicable Oty permits have been issued. All sub-
division improvements are subject to inspection by the City Engineer and shall comply
with Oty requirements.
19.30.250 COMPLETION OF IMPROVEMENTS
1. ALL SUBDIVISIONS
The subdivision improvements shall be completed by the subdivider within 12
months, or a later time as approved by the City Engineer, not to exceed a total of
24 months, from final map recordation, unless an extension is granted by the
Council.
If the subdivider fails to complete the subdivision improvements within the
specified time limits, the Council may, by resolution, cause any or all un-
completed improvements to be completed and the parties executing the security
or securities shall be firmly bound for the payment of all necessary and ap-
propriate costs.
2. EXTENSIONS
The completion date may be extended by the Council upon written request by
the subdivider and submittal of adequate evidence to justify the extension. The
request shall be made not less than 30 days prior to expiration of the subdivision
improvement agreement.
The subdivider shall enter into a subdivision improvement agreement extension
with the City. The agreement shall be prepared by the Oty Engineer, approved
as to form by the City Attorney, executed by the subdivider and surety and trans-
mitted to the Council for consideration. If approved by the Council, the Oty
Clerk shall execute the agreement on behalf of the City.
In consideration of a subdivision improvement agreement extension, the follow-
ing adjustments may be required:
A. Revision of improvement plans to provide for current design and
construction standards when required by the City Engineer;
B. Revised improvement construction estimates to reflect current improve-
ment costs as approved by the City Engineer;
C. Increase of improvement securities in compliance with revised construc-
tion estimates;
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SUBOeION REGULA nONS -19.30
D. Inspection fees may be increased to reflect current construction costs,
but shall not be subject to any decrease or refund; and
E. Any feES then in effect.
The Council may impose additional requirements as recommended by the City
Engineer or as it may deem necessary as a condition to approving any time exten-
sion for the completion of subdivision improvements.
19.30.260 ACCEPTANCE OF IMPROVEMENTS
1. GENERAL
After all improvement deficiencies have been corrected and "Drawings of
Record" improvement plans filed, the completed subdivision improvements
shall be considered by the City Engineer for acceptance. The developer shall be
responsible for the cost of providing "as built" revisions to the approved original
"drawings of record" on file in the office of the City Engineer. Redlined drawings
shall not be accepted for "as built" revisions.
Acceptance of the improvements shall imply only that the improvements have
been completed satisfactorily and that public improvements have been accepted
for public use.
2. ACCEPTANCE OF A PORTION OF IMPROVEMENTS
Upon written report of the subdivider, the City Engineer may accept a portion
of the subdivision improvements. The improvements shall only be accepted if
the City Engineer finds that it is in the public interest, and the improvements are
for the use of the general public.
Acceptance of a portion of the improvements shall not relieve the subdivider
from any other requirements imposed by this Development Code.
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19.30.270 BICYCLE PATHS
As required by Map Act Section 66475, regarding dedication of roadways to the public,
the subdivider shall also dedicate additional land as may be necessary and feasible to
provide bicycle paths for the use and safety of the residents of the subdivision, if the
subdivision contains 200 or more parcels, pursuant to Map Act Section 66475.1.
19.30.280 BRIDGES AND MAJOR THOROUGHFARES
The purpose of this Section is to provide for improvements or the payment of fees to
defray the actual or estimated cost of the construction of bridges over waterways, rail-
ways, freeways and canyons and/or major thoroughfares as a condition of approval of
a final map or as a condition of issuing a building permit, pursuant to Map Act Sections
66484 and 66489, consistent with the Circulation Element of the General Plan.
1. DEFINITIONS
The following definitions apply specifically to this Section:
A. AREA OF BENEFIT
A specified area for which it has been determined that the real property
located therein will benefit from the construction of a bridge and/ or
major thoroughfare.
B. BRIDGE FAOUTIES
Those situations identified in the Circulation Element requiring construc-
tion of, or addition to, a bridge spanning a waterway, railway, freeway or
canyon or that is part of a major thoroughfare.
C. CONSTRUCTION
Design, acquisition of right-of-way, adIninistration of construction con-
tracts, actual construction and inspection(s).
D. MAJOR THOROUGHFARES
A roadway designated as arterial, major or secondary highway, as
identified in the Circulation Element, whose primary purpose is to carry
through traffic and provide a network connecting to the state highway sys-
tem.
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SUBWSION REGULATIONS .19.30
2. ESTABLISHMENT PROCEDURES
Action to establish an area of benefit requiring the payment of fees outlined in
this Section shall be accomplished, pursuant to the provisions of Map Act Section
66484.
3. AMENDMENTS
Resolutions establishing areas of benefit may be amended by the Council to
reflect modifications in either bridge and/or .major thoroughfare facilities.
These amendments shall be adopted in the same manner as the original resolu-
tion.
4. PAYMENT OF FEES
Fees required pursuant to this Section shall be paid prior to the recordation of a
final or parcel map. These fees shall be based on the City's Schedule of Fees in ef-
fect on the date of payment.
5. IN LIEU CONSIDERATION
The Council may approve the acceptance of consideration in lieu of payment
of fees outlined in this Section.
6. REIMBURSEMENT
If a subdivider, as a condition of approval of a tentative map, is required or
desires to construct a bridge and/ or major thoroughfare, the Council may enter
into a reimbursement agreement with the subdivider, to provide for payments to
the subdivider from the applicable fund.
19.30.290 DEDICATION OF STREETS, ALLEYS AND OTHER PUBLIC
RIGHTS-OF-WAY OR EASEMENTS
The subdivider, as a condition of approval of a tentative map, shall dedicate, or make
an irrevocable offer of dedication of, all parcels of land within the subdivision that are
needed for streets and alleys, including access rights and abutter's rights, drainage,
public open space, trails, scenic easements, public utility easements and other public
easements, pursuant to Map Act Section 66475. In addition, the subdivider shall im-
prove or agree to improve all the aforementioned dedications and easements.
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SUBO.ION REGULA nONS -19.30
19.30.300 DEDICATIONS
All dedications of property to the Oty for public purposes may be made in fee title, and
that, at the City's discretion, a grant of an easement may be accepted for open space,
scenic, trails, parks, and/ or public utility easements. All dedications in fee and grants
of easements shall be free of liens and encumbrances except for those which the City
finds would not conflict with the intended use. The Oty may accept an irrevocable
offer of dedication in lieu of dedication.
19.30.310 LOCAL TRANSIT FACILITIES.
The subdivider, as a condition of approval of a tentative map, may be required to dedi-
cate, or make an irrevocable offer of dedication, of land within the subdivision for local
transit facilities (e.g. shelters, bus turn outs, etc.), pursuant to Map Act Section 66475.2.
19.30.320 PARKS AND RECREATION FACILITIES
1.
GENERAL II .
/ HIt.~ &wt;,: 1'.dJ
The purpose of this Section is to pr,ivide aaditional park and recreational
facilities and open space. The park atid recreational facilities for which eletiiea -
tieR of 1a1,d a1,d/ or payment of a fee 'is required by this Section shall be in com-
pliance with the policies, goals and standards contained in the Parks and Recrea-
tion Element of the General Plan.
2.
REomREMENTS., I
~ .4..,r.
'l'-! J
The subdivider,~l r~dition of approval of a tentative map, shall ~d~(ate
.Hmd,. pay a fee-hl lieu, or both , at the discretion of the Council for park and/ or
recreational purposes, pursuant to Map Act Section 66477.
3.
PARK AREA STANDARD
It is hereby found and determined that the public interest, convenience, health,
safety and welfare require that 5 acres of land for each 1000 persons residing
within the City be devoted to park and recreational purposes. Lands held as
public open space, for wildlife habitat, shall not be included in this formula.
4. PARK AND RECREATION CONSTRUCTION FEE
A.
A park and recreation construction fee shall be assessed for any A
mobile home lot or residential dwelling unit constructed in the City';fuy
person securing a building permit to construct a residential dwelling unit,
or to install electrical and/ or plumbing equipment to provide service to a
mobile home shall pay the following rates:
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1.
. SUB.SiON REGULATIONS -19.30
511'-ff/e-
One percent of the cost of the improvements for each 81111!:-family
dwelling constructed, as determined by the building permit.
2.
One percent of the cost of the improvements for each residential
dwelling unit constructed in a multi-family dwelling containing 2
or more residential dwelling units, as determined by the building
permit.
3.
One percent of the cost. of the improvements or $650.00 for each
mobile home lot constructed, whichever is greater, in a mobile
home park or mobile home park subdivision, as determined by the
building permit.
B. The fee imposed by this Section shall be imposed regardless of
whether the new dwelling unit is created by new construction or by
modification of existing nonresidential structures. The fee imposed shall
apply to new mobile home park sites regardless of whether they are part
of a new mobile home park or an addition to an existing park.
5.
GENERAL PLAN
6.
Where a public park or recreational facility has been designated in the
General Plan and is to be located in whole or in part within the proposed sub-
division and is reasonably related to serving the needs of the residents of that
subdivision, the subdivider shall dedicate land for park and recreational facilities
sufficient in size and physical characteristics to meet that purpose. The amount
of land shall be determined pursuant to Section 19.XX.)66(.X
30 3~ Ci:o).
If there is no park or recreational facility designated in the General Plan to be lo-
cated in whole or in part within the proposed subdivision to serve the needs of
the residents of that subdivision, the subdivider shall, pursuant to Council deter-
~nation, d ii . ! IMlII. er pay a fee in lie~,d ~. .: in compliance with Sec-
tion 19.XX.)eEX.X. ord..ediudeJt1.-1'..A
."30 :'3;;0(1,).
DETERMINATION OF LAND OR FEE [' (' . I' Ii. o{o(
f"'4~ or -rel!-'h Ie. -tit
The Council shall consider the following when evaluating the'cceptance of land
for dedication 8 r - ) Ll :.. li..", or a combination of both:
A. Parks and Recreation Element, and any other applicable provision
of the General Plan;
B. Topography, geology, access and location of land in the the subdivision
suitable for dedication;
C. Size and shape of the subdivision and land suitable for dedication;
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SUUeSION REGULATIONS -19.30
D. Feasibility of dedication; and
E. Availability of previously acquired private property.
PAYMENT OF PARK AND RECREATION CONSTRUCTION FEE
. 3o.J~L<t)
The fee required by Section 19.*XX.XX shall be due and payable
upon the issuance of a building permit for either construction of any
residential dwelling unit, or installation of electrical and/ or plumbing
equipment to provide service to a mobile home. A refund of this fee may
be made to the person who paid the fee in the event the building permit
expires, pursuant to Section 302 (d) of the Uniform Building Code.
<\II. applicant may prepay ~a:nd n:ueaaell COrlst,."rtionJ~ V
prior to the time the fee would otherwise be due and payable. Pursuaj?~
to a written agreement, authorized by the Council. In the event of prep~y-
ment, the amount of the fee shall be based upon an agreed estimate'of tlI.e
costof the improvements to be constructed. In consideration for the
prepayment, the City may grant any or all of the following concessions, as
provided in the agreement:
7.
:x
I
r
~l
\
,
\
i
i
1. The fee may be discounted by an agreed amount, not to exceed
15%;
2. The applicant may be exempted from any increases in park and
recreation construction fees which might otherwise be applicable at
the time of permit issuance;
3. The applicant may be exempted for a specified limited time
from any other fees imposed by new enactments after the date of
the agreement, which would otherwise apply to the development
of the property to which the agreement relates; and
4. The applicant may be granted a transferable and assignable right,
pursuant to the terms of the agreement, to an exemption from the
otherwise applicable park and recreation construction fee for a
residential unit of a type (single-family, multi-family unit or mobile
home lot), similar to the type of unit for which the fee is prepaid. 1f
the exemption is transferred to a proposed unit at a different loca-
tion, no exemption shall be granted for any fees of any type in con-
nection with any permit issued for construction at the originally
contemplated location.
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SUBOeION REGULATIONS .19.30
8. USE OF FEES
All park and recreation construction fees collected pursuant to the provisions
of this Chapter shall be placed into a special fund which shall be known as the
Park and Recreation Construction Fee Fund. The fund shall be composed of a
separate revenue and expense account. Fees collected pursuant to this Chapter
shall be deposited in the revenue and expense account called Park and Recrea-
tion Construction Fee fund, and shall be used solely for the acquisition, improve-
ment and expansion of the public park, playground and recreational facilities of
the City, and for the installation and development of playground and recreation-
al facilities owned by the elementary and high school districts.
9. CREDITS FOR LAND AND IMPROVEMENTS DEDICATION
In lieu of the payment of all or portion of the park and recreation construction
fee, the Council may grant credit for land and improvements which are dedi-
cated in fee to public recreation and park purposes and accepted by the City.
Dedicated land to be eligible for the credit shall be certified by the Commission
as meeting the requirements of the Recreation Element. The amount of dedi-
cated land eligible for the credit, the amount of credit to be given under this Sec-
tion, and the terms and conditions of the credit, if any, between the City and the
dedicator shall be determined by mutual agreement.
'-tIl
-----
~E:I::V::::::ce~:::~::jr~atiOnal purposes is pro~ed in a
~ subdivision and the space isl to be privately ownecLand maintained b
the future ~idents of the subdivision; partial credit, mayl5e given against the r
quirement oflaJld dedication or payment of fees in liel:lthereof if the Council
finds that it is in'tb.~ public interest to do so and that all of the following stand-
ards are met ' //
,.----.--
The yards, court areas, setbacks, and other open areas required to be \
maintained shall not be included in the computation of the private open \
- spaces; I
,
,
The private ownership and maintenance of the open space is adequatelt
provided for by recorded written agreement, conveyance, or restrictions; "
,
,
C. The use of the private open space is restricted for park and recreational \
purposes by recorded covenant, which runs with the land in favor of the
future owners of property and which cannot be defeated or eliminated \
without the consent of the City or its successor;
B.
A.
.._--_._._--~
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SUBDIVISIOeGULAll0NS -19.30
"
\ D.
!D'~
E.
The proposed private open space is reasonably adaptable for us~
for park and recreational purposes, taking into consideration suclt-factors
size, shape, topography, geolo$)', access, and location; /
,
The ~ .ties proposed for o~ space are in substantial compliance
with the ~visions of the Parks and Recreation Element of the General
Plan; and "
F.
That the minimum'open space for which credit is given shall be based
on the following standarck:
ACT~
.50 to .75
.50 to 1.00
.25 to .75
~'" .25 to .50
1-.00 to 3.00
~
~
Before credit is given, the Council shall adopt written findings tIiat~e
a hl:we-standards are met. .
j
~
Children's play apparatus area',_
Landscape park and quiet areas
Family picnic area
Game court area
Turf playfield
1.
2.
3.
4.
5.
"
"
\
I
"
SUBDIVISIONS NOT WITHIN CITY LIMITS
.,(ed.;c.4fe.. I~J
When the pro ubdivision lies within the Sphere of Influence of the City,
and the subdivider ntends to annex, the subdivider shall d I' "paya
fee in lieu thereof, or both in compliance with adopted park and recreational
principles and standards of the City's General Plan, and pursuant to the
provisions of this Section.
19.30.330 RESERVATIONS
The subdivider, as a condition of approval of a tentative map, may be required to
reserve areas of real property for parks, recreational facilities, fire stations, libraries or
other public uses, pursuant to the requirements of Map Act Sections 66479 and 66480.
19.30.340 SCHOOL SITE RESERVATIONS
The subdivider, as a condition of approval of a tentative map, may be required to dedi-
cate real property for the construction of an elementary school to assure the residents of
the subdivision adequate public school service. The dedication and subsequent repay-
ment to the subdivider shall comply with the provisions of Map Act Section 66478.
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-
-
-
.
ARTICLE IWDMINISTRATION
TABLE 31.01
(can't)
Director
DRC
C:()tl\tllissi()ll
Council
Development Code
Amendments
Design Review
Development Agreements
(X).
X
X
(X).
X
Landscape Plans
Surface Mining and Land
Reclamation (CUP)
X
(X).
X
Sign Permits / ;7,..'r~ ""
5181'- Prognm (De>'l. Permit)
.5igI\ Pwgram-{EUl')
Tree Removal
X
- - ----- ---- X---- - or-n- - X ---
- - _____------- on_ __u ______--______*__
X
· Commission recommends to Council for final determination
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.LEIV. ADMINISTRATION
19.31~
MULTIPLE PERMIT APPTlCATIONS
~d
An applicant for a development project whi would require the filing of more than 1
land use permit application may file all rei ed permits concurrently and pay ap-
propriate fees, as outlined in Chapter 19. (Applications and Fees). Processing and en-
vironmental review could be concurrent and the final decision on the project shall be
made by the highest level of review authority, pursuant to Table 78:01 (Threshold of
Review). For example, a project requiring a Variance and Dev~O ment Permit applica-
tions shall be determined by the Commission, while a project r uiring a Development
Permit, Tentative Tract Map, and General Plan Amendment s I be determined by the
Council. 31.0'
o?f)
19.31.~
. n}f
PRE-APPLICATION CONFERENCE /~
A prospective applicant or agent ~ request a pre-application COnferen~e . th the
Department prior to formal submittal of a single land use permit applic on. Develop-
ment projects involving multiple permit applications s1Wl require a pre- application
conference. 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 Development Code, and examine possible alternatives or modifications
relating to the proposed project.
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. .CATIONS AND FEES -19.t{
3?-
CHAPTER 19.,64
APPLICATIONS AND FEES
19.;t.Ol0 PURPOSE
These provisions prescribe the procedures and requirements for filing of applications
for permits, amendments, and approvals.
19.U020 FILING
Application for permits, permit modifications, amendments, and other matters per-
taining to this Development Code shall be filed with the Department on a City applica-
tion form, together with all fees, plans, maps, and any other information required by
the Department. The application shall be made by the 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 Development Code, or the
agent(s) of such persons.
19.~.030 FEES
The Council shall, by resolution, establish a schedule of fees for permits, amendments,
and other matters pertaining to this Development 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 re-
quired 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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CERTI.TE OF OCCUPANCY -19.3'i
J
CHAPTER 19.3Z
CERTIFICATES OF OCCUPANCY
iJ
19.3~.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) struc-
ture shall comply with all applicable provisions of the Municipal Code. ~
19.3i,020 APPLICATION ~ ~ nJ4 ~
)
No vacant, relocated, altered, repaired, or hereafter erected struFture 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,)1X' (Applications and Fees).
t-f '/{g
19.3~.030 APPLICABILITY
1. An application for a Certificate of Occupancy for a structure which is to be re-
located, remodeled, or erected shall be filed at least 30 days prior to the intended
occupancy.
2. An application for a Certificate of Occupancy for the use of vacant land or struc-
ture(s), or a change in occupancy shall be filed at least 30 days prior to the in-
tended use inauguration; and
3. A temporary 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 of Public Works prior to the issuance of the certificate. The deposit or
security shall guarantee the faithful performance and completion of all terms,
conditions and performance standards imposed on the intended use. The form
of the deposit or security shall be subject to the approval of the Director of Public
Works. The deposit or security shall be returned to the depositor within 10 work-
ing days following a determination by the Director of Public Works that all of the
terms, conditions and performance standards have been met.
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CO~NAL USE PERMITS -191
CHAPTER 19.J6
CONDITIONAL USE PERMITS
)
19.~6.010 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..6.020 APPLICATION
An application for a Conditional Use Permit shall be filed in a manner consistent with
the requirements contained in Chapter 19~ (Applications and Fees).
) ~Q
19."6.030 PROJECT REVIEW
Each Conditional Use Permit application shall be analyzed to assure that the ap-
plication is consistent with the intent and purpose of this Chapter. To ensure effective
implementation of General Plan policies relating to design guidelines, each application
for a Conditional Use Permit shall be reviewed by the DRC prior to approval by the
Commission.
?
19..6.040 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.~ (Hearings
and Appeals). '50-
.,
19..6.050 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 ap-
prove and/ or modify a Conditional Use Permit application in whole or in part, with or
without conditions, only if all of the following findings are made:
1. The proposed use is conditionally permitted within the subject land use
district and complies with all of the applicable provisions of this Development
Code;
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. CO~ONAL USE PERMITS -19:~6
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 compatible 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 character-
istics;
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.~6.060 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a Con-
ditional Use Permit until, and unless, the same shall have become final, pursuant to Sec-
tion 19.)tl(.)(,"x.(Effective Date).
,/?;f.010
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CO ONAL USE PERMITS -19"6
3
19.~6.070 CONDITIONAL USE PERMIT EXPIRATION
A Conditional Use Permit shall be exercised by the commencement of construction
within 1 year from the date of approval or the Conditional Use Permit shall become
null and void. In addition, if after commencement of construction, work is discon-
tinued for a period of one year, then the Conditional Use Permit shall become null and
void. Projects may be built in phases if preapproved by the review authority, If a
project is built in preapproved phases, each subsequent phase shall have 1 year from
the previous phase's date of construction commencement to the next phase's date of
construction commencement to have occurred, or the Conditional Use Permit shall be-
come null and void., . .-t^
.&., ,oc r'i'. '3~, 01;0 f 1<;,'(.' 0<;0 l~ ~~ rf)
19.~6.080 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 12 months. Upon granting of an ex-
tension, the Commission shall ensure that the Conditional Use Permit complies with all
current Development Code provisions.
') 110
19..6.1l9O REVOCATION
The Commission may hold a hearing to revoke or modify a Conditional Use Permit
granted pursuant to the provisions of this Chapter. Ten 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.
I
A Conditional Use Permit may be revoked or modified by the Commission if any.QE of
the following findings can be made:
1. That circumstances have changed so that 1 or more of the findings contained
in Section 19.><^.^^""can no longer be made;
-'\\-.oS-o
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.
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3ts.?lD .
19. USE OF PROPERTY BEFORE FINAL DEOSION
lAse
No permit shall be issued for any use involved. in an application for approval of a c&'AlAIT/~~"'L-
~!. ellp.. Ir t Permit until. and unless. the same shall have become final, pursuant to
Section 19.xx xxx (Effective Date).
~.010 c::.C'Wb/~.o\t.. ~
19.~ MODIFICATION OFof"I .HI BE't'i: .H:JWPERMIT
if.1\.t.il-/~JU:) { 1\$,"
An approved -Ilea .,..IIPa'llllt may be modified, in a manner ~l,tp...~J'~ ~
19.xx (Applications and Fees). Minor modifications to an approved~ loC.S
- 1 may be approved by the Director, pursuant to Section 19.xx (Minor Modifications).
ATTACH~lENT AA
.
CO~IONAL USE PERMITS -19~6
3 (J.O
19.~6.l8Cl. CONDITIONAL USE PERMIT TO 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.
-,
I /".nJ
19..6.~ PERFORMANCE GUARANTEE
The developer may be conditioned to provide performance security in a manner
similar to Section 19.30.230 for the faithful performance of any or all conditions of ap-
proval.
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3
CHAPTER 19.~8
DESIGN REVIEW
.
,
DESIGN REVIEW -19.;f8
.
3
19.~S.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.tS.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 31.01;
2. Remodeled structure(s) / development and related site plans, which require a
Development Permiy j
~.~.
3. A project involving a change or intensification of land use (bt!., conversion of a
shoe store to a restaurant, or a residential structure to an office use, etc.); and
4. New or modified signs with review authority other than the Director.
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. DESIGN REVIEW -191
19$iSO APPLICABILITY
The D ! ting in their capacity for design review, shall receive and evaluate all
proje ject to design f3' w prior to final action by the appropriate review
authority. The Departm~tJas art of the overall project review proc~all forward
the appropriate materials e DRC and submit the DRC report to Weview
authority.
19]5.040 DRC FINDINGS
The DRC shall determine that the project adequately meets adopted City performance
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,
orderly and attractive development contemplated by this Development Code
and the General Plan.
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-
-
-
.....
.
~ *'
o NT AGREEMENTS -19M
tfo
CHAPTER 19.:;8
DEVELOPMENT AGREEMENTS
~b
19.~.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 California Government Code, and shall be so con-
strued.
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.
40
19.~.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;
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D AGREEMENTS -19M
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
,2
The applicatl;;l is accompanied by the fee established pursuant to
Chapter 19;0{ (Applications and Fees) and all other lawfully required
documents, materials and information.
D.
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.Je(.JOO<.
c/o . 3d-.
19.~.030 PUBLIC HEARINGS
1. The Director, upon finding the application for a de3~fo ment agreement
complete, shall set the application, together with recomme dations, for public
hearing before the Commission pursuant to Chapter 19 (Hearings and Ap-
peals). Following conclusion of the public hearing by the Commission, the
Commission shall recommend to the Council that it approve, conditionally ap-
prove, or disapprove the application.
2. Upon receipt of the Commission's recommendation, 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 approve 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 Attorney 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 a resolution authorizing execu-
tion of development agreement by the City Administrator.
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D~ AGREEMENTS-19:
5. The resolution 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 Development Code, and that it will promote the wel-
fare and public interest of the City.
6. The resolution may be subjected to referendum in the manner provided by law.
19.~.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(s);
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 llQ.t. permitting protection fro~uture 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" (Le., 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;
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D. AGREEMENTS -19.5ll
B.
c.
D.
'fo
19.118.050
Provide that construction shall be commenced within a specified time
and that the project or any phase thereof be completed within a specified
time;
Include terms and conditions relating to applicant financing of necessary
public improvements and facilities, including, but not limited to, ap-
plicant participation in benefit assessment proceedings; and
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.
EXECUTION AND RECORDATION
1. The City shall not execute any development agreement until on or after the date
upon which the resolution approving the agreement and enacted pursuant to
Section 19.1CX.Jee( becomes effective.
.'lo.o30
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.
<f6
19.,s.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 California Environ-
mental Quality Act (CEQA).
~
19.3;8.070 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 fol-
lowing 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
burden 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.
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. D~ AGREEMENTS-19.Je
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.
19.,$i.080 EFFECT OF DEVELOPMENT AGREEMENT
Unless otherwise provided by the development agreement the rules, regulations and of-
ficial 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 the rules, regula-
tions, and official policies in force at the time of execution of the agreement. A develop-
ment agreement does not prevent the City, in subsequent actions applicable to the
property, from applying 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 condi-
tionally approving any subsequent development project application on the basis of
such existing or new rules, regulations and policies.
t/o
19.;5$.090 APPROVED DEVELOPMENT AGREEMENTS
Pursuant to this Chapter, development agreements approved by the Council are on file
with the office of the City Clerk.
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DEVELOPME~ODE AMENDMENTS -19M
<10-
CHAPTER 19.,56
DEVELOPMENT CODE AMENDMENTS
.fq-
19.$(1.010 PURPOSE
The Council may amend the provisions of this Development Code for the public health,
safety, convenience, general welfare and the aesthetic harmony of the City.
19.~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.~(Hearings and Appeals).
4)- .so-
19.$6.030 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 19.1et.1EJe(.
4~, o?o.
Commission action recommending that the proposed Development Code Amendment
be approved, approved in modified form, or denied shall be considered by the Council
following Commission action.
iJr
19.~.040 COUNCIL ACTION ON AMENDMENTS
Upon receipt of the Commission's recommendation, the Council may approve, approve
with modifications, or disapprove the proposed amendment based upon the findings
contained in Section 19.1CX.>ee<. Amendments to the Development Code shall be
adopted by ordinance. 'h. 0')0 .
ofr
19.56.050 FINDINGS
An amendment to this Development Code may be adopted only if.... 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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O.OPMENT PERMITS -19.44
CHAPTER 19.44
DEVELOPMENT PERMITS
19.44.010 PURPOSE
The Development Permit procedure is intended to protect the integrity and character of
the residential, commercial and industrial areas of the City, through the application of
the provisions of this Chapter consistent with the General Plan. At the time of applica-
tion 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.
19.44.020 APPLICATION
Application for a Development Permit shall be filed in a manner consistent with the re-
quirements contained in Chapter 19.~ (Applications and Fees).
~~
19.44.030 APPLlCABI;2r ~
A DeVelOpmen~p shall be required for all applicable uses and structures per-
mitted by this e10pment Code; however, none shall be required for alterations to an
existing single- lunily home. Specifically, a permit shall be required under the follow-
ing circumstances:
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
Development Permit has not been issued, excluding existing single-family struc-
tures;
c-r -r-1
For any change in useibf a structure or parcel of land for which a Development
Permit has not been issued; and
5.
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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&r.OPMENT PERMITS -19.44
7. For floor plans, site plans, model plans, and elevations of new single-family
stnlctures in an approved subdivision.
19.44.040 PROJECT REVIEW
Each Development Permit application shall be analyzed to ensure that the application is
consistent with the intent and purpose of this Chapter. To ensure effective implementa-
tion of General Plan policies relating to design guidelines, each application for a
Development Permit, except for residential stnlctures and miscellaneous Development
Permits approved by the Director, shall be reviewed by the DRC prior to approval by
the applicable review authority.
19.44.050 HEARINGS AND NOTICE
15:l:,
Upon receipt in proper form of a Development Permit application, a he~g shall be set
and notice of the hearing given in a manner consistent with Chapter 19.~ (Hearings
and Appeals) for an application in which the Commission is the fina1 review authority
or where the proposed development is adjacent to a residential land use district.
19.44.060 FINDINGS
3/.01
Following a hearing, the appropriate review authority as outlined in Table 2&: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 I or modify a Development
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 re-
quirements of the respective land use district. The review authority may approve a
Development Permit, only if all of the following findings are made:
1. The proposed use is.. permitted within the subject land use district and
complies with all of the applicable provisions of this Development Code, includ-
ing 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 devleopment would be harmonious with existing and future
developments 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;
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&x.OPMENT PERMITS -19.44
6. There are no significant harmful effects upon the environmental quality
and natural resources;
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.
1
19.44.0*0 DEVELOPMENT PERMIT EXPIRATION
Within 1 year of Development Permit approval, commencement of construction shall
have occurred or the permit shall become null and void. In addition, if after commence-
ment of construction, work is discontinued for a period of one year, then the Develop-
ment Permit shall become null and void. Projects may be built in phases if preap-
proved by the review authority. If a project is built in preapproved phases, each
subsequent phase shall have 1 year from the previous phase's date of construction com-
mencement to the next phase's date of construction commencement to have occurred,
or the Development Permit shall become null and void.
19.44.010 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a
Development Permit until, and unless, the same shall have become final, pursuant to
Section 19.1eC.JeeC (Effective Date).
~"d'O'O
19.44.0~ MODIFICATION OF DEVELOPMENT PERMIT
3r
An approved development may be modified, in a manner pursuant to Chapter 19.p
(Applications and Fees). Minor modifications to an approved development may be ap-
proved by the Director, pursuant to Section 19# (Minor Modifications).
10 ~O
19.44.~0 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 12 months. Upon granting the
extension, the review authority shall ensure that the Development Permit complies with
all current Development Code provisions.
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19.44.1~O REVOCATION
.OPMENT PERMITS -19.44
The review authority may hold a hearing to revoke or modify a Development Permit
granted pursuant to the provisions of this Chapter. Ten days prior to the hearing,
notice shall be delivered in writing to the applicant and I or owner of the property for
which such 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 Bernardino, and I or the project applicant.
A Development Permit may be revoked or modified by the review authority if any ae'
of the following findings can be made:
1. That circumstances have changed so that 1 or more of the findings contained
in Section 19.JeE.lBBI can no longer be made;
. <f<f.o{,O
2. That the Development Permit was obtained by misrepresentation or fraud;
3. That the use for which the 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 Development Permit have not
been met;
5. That the use is in violation of any statute, ordinance, law, or regulation;.... or
6. That the use permitted by the Development Permit is detrimental to
the public health, safety, or welfare or constitutes a nuisance.
r
19.44.1l0 PERFORMANCE GUARANTEE
The developer may be required to provide performance security in a manner similar to
Section 19.30.230 for the faithful performance of any or all conditions of approval.
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. ENFORceNT OF PROVISIONS -19.~
4h
CHAPTER 19.~
ENFORCEMENT OF PROVISIONS
if(,
19.'?t.010 PURPOSE
Enforcement of the provisions of this Development Code and any entitlements and sub-
division maps approved 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.
41;
19.;:2.020 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 Development Code.
Any structure or use which is established, operated, erected, moved, altered, enlarged,
or maintained, contrary to the provisions of this Development 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 con-
tained in the following chapters of this Development Code:
Chapter 19.~ - Conditional Use Permits
Chapter 19j-DeVeWpmentpermits
Chapter 19 - Home Occupation Permits
Chapter 19. - T~porary Use Permits -to ~h' ~
Chapter 19.M" - Variances to e4~~.{, ...!-.'ve- ~
'1}- ?v<-"~ 0 ef~ev I I IL(V
Any permit, certificate, or license issued' conflict with this Development Code shall
be null and void.
t.f~
19.~.030 PROHIBITIONS
No person shall sell, lease, or finance any parcel or parcels of real property or com-
mence construction of any building for sale, lease or financing for which a final or par-
cel map is required by this Development Code, until the final or parcel map, in full com-
pliance with Map Act Section 66410 e1~. and the Municipal Code, has been filed for
recordation with the office of the County Recorder, pursuant to Map Act Section
66499.30.
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19.n.040
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,<"
ENFOR~NT OF PROVISIONS .19~
REMEDIES
1. All remedies concerning this Development Code shall be cumulative and not
exclusive. The conviction 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 thereof.
2. Any construction in violation of this Development Code, or any condition(s)
imposed on a permit or license shall be subject to the issuance of a "Stop Work
Order" .
3. Any deed of conveyance, sale or contract to sell real property which has been
divided, or which has resulted from a division, in violation of the provisions of
Map Act Section 66410 ~~. and the Municipal Code, is voidable at the sole op-
tion of the grantee or successors, pursuant to Map Act Section 66499.32.
This Section does not bar any legal, equitable or summary remedy to which the
City, public agency or any person, firm or corporation may otherwise be entitled,
pursuant to Map Act Section 66499.33.
4. The City shall not issue any permit or grant any approval necessary to develop
any real property which has been divided, or which has resulted from a division,
in violation of the provisions of Map Act Section 6641 0 ~~. and the Municipal
Code, if it finds that the development of the real property is contrary to the
public health or safety, pursuant to Map Act Section 66499.34.
19.~.050 NOTICE OF VIOLATION
Whenever the City has knowledge that real property has been divided in violation of
the provisions of Map Act Section 66410 ~~. and the Municipal Code, it shall send,
by certified mail to the than current owner(s) of record of the property, a notice of inten-
tion to record a notice of violation, describing the real property in detail, naming the
owner(s) thereof, and stating that an opportunity will be given to the owner(s) to
present evidence, pursuant to Map Act Section 66499.36.
au
19.~.060 PENALTIES
1. Any person, partnership, organization, firm or corporation, whether as principal,
agent, employee or otherwise, violating any provision(s) of this Development
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 Section 1.12.010 of the Municipal Code, in addition to
any other civil or administrative remedies provided by law.
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ENFOR OF PROVISIONS -19~
2. Each violation of Map Act Section 66410 l:1s:q. by a person who is the sub-
divider or an owner of record, at the time of the violation, of property involved
in the violation shall be punishable by imprisonment in the County jail not ex-
ceeding 1 year, or in the state prison, by a fine not exceeding $10,000, or by both
that fine and imprisonment. Every violation of Map Act Section 66410 l:1~. is a
misdemeanor, pursuant to Map Act Section 66499.31.
19.floso 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 Development Code as well
as those conditions and mitigation measures imposed on an approved permit or license.
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AND P ARm MAPS -19Acl
c./4
CHAPTER 19.,0
FINAL AND PARCEL MAPS
4'1
19.,0.010 GENERAL
The form, contents, accompanying data, and filing of the final and parcel map
hereinafter referred to as a "final map" shall conform to the provisions of the Map Act
and this Chapter.
The final map shall be prepared by or under the direction of a registered civil engineer
or licensed land surveyor, in compliance with the applicable sections of the Business
and Professions Code of the State of California.
~'b
19..:,0.020 PHASING
Multiple final maps relating to an approved or conditionally approved tentative map
may be filed prior to the expiration of the tentative map if the subdivider, at the time
the tentative map application is filed, notifies the Department in writing of the sub-
divider's intention to file multiple final maps on the tentative map, pursuant to Section
19.XXJeoc.x. In providing the notice, the subdivider shall not be required to define the
n~ or configuration of the proposed multiple maps.
v.... \~ (y.)
The filing of a final map on a portion of an approved or conditionally approved tenta-
tive map shall not invalidate any part of the tentative map. Each final map which con-
stitutes a part, or unit, of the approved or conditionally approved tentative map shall
have a separate subdivision number. The subdivision improvement agreement ex-
ecuted by the subdivider shall provide for the construction of improvements as re-
quired to constitute a logical and orderly development of the entire subdivision.
4<6
19.50.030 SURVEY REQUIRED
An accurate and complete survey of the land to be subdivided shall be made by a
registered civil engineer or licensed land surveyor. All monuments, property lines,
centerlines of streets, alleys and easements adjoining or within the subdivision shall be
tied into the survey. The allowable error of closure on any portion of the final map shall
not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.
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AND P ARea MAPS -19.!jf
At the time of making the survey for the final map, the engineer or surveyor shall set
sufficient durable monuments to conform with the standards described in Section 8771
of the Business and Professions Code so that another engineer or surveyor may readily
retrace the survey, pursuant to Map Act Sections 66495 and 66496. At least 1 exterior
boundary line shall be monumented prior to recording the final map. Other monu-
ments shall be set as follows:
1. Lot Comers: One inch iron pipe, 30 inches long, set 12 inches below ground
level. Except, comers of lots fronting on streets may be marked by an offset lead
and tag set in the permanent concrete curb along the prolongation of the lot line
as approved by the City Engineer. Such monument shall be noted on the sub-
division map.
2. Subdivision Boundary Comers: Two inch iron pipe, 30 inches long, set 12
inches below ground level.
3. Private street intersection centerlines, angle points, and beginning and endings
of curves: One inch iron pipe, 30 inches long, set flush with ground level.
4. Public street intersection centerlines, angle points, beginnings and endings of
curves, subdivision boundary and section quarter comers with street intersec-
tion: One inch iron pipe, 30 inches long, set flush with ground level if pave-
ment, set 12 inches below ground level if soil. Except, major street intersections
and section comers shall be monumented with a City Standard Well Monument
set flush with ground level. All street monuments shall be tied to lead and tag
set in permanent concrete curbs. Notes for ties shall be provided to the Oty on
standard survey note paper, 81/2 by 11 inches, depicting the tie information,
stamped and signed by the surveyor or engineer.
lf~
19.50.040 FORM
The form of the final map shall comply with the Map Act and as follows:
1. The final map shall be legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on polyester base film. Certificates, af-
fidavits and acknowledgments may be legibly stamped or printed upon the map
with opaque indelible ink. If ink is used on polyester base film, the ink surface
shall be coated with a suitable substance to assure permanent legibility.
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~ AND PARCEL MAPS -19.li(l
2. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be
drawn completely around each sheet, leaving an entirely blank margin of 1 inch.
The scale of the map shall be an engineering scale and not less than 1" = 100' or
as may be necessary to show all details clearly, and enough sheets shall be used
to accomplish this end. The particular number of the sheet and the total number
of sheets comprising the map shall be stated on each of the sheets, and its rela-
tion to each adjoining sheet shall be clearly shown. When 4 or more sheets in-
cluding the certificate sheet are used, a key sheet shall be included. All printing
or lettering on the map shall be of 1/8 inch minimum height and of a shape and
weight as to be readily legible on prints and other reproductions made from the
original drawings. The final form of the final map shall be in compliance with
Map Act Section 66434 and as approved by the City Engineer.
J"6
19.~.050 CONTENTS
The contents of the final map shall comply with the Map Act and as follows:
1. Bounda\y. The boundary of the subdivision shall be designated by a heavy
black line in a manner as not to obliterate figures or other data.
2. ~ Each sheet shall have a title showing the subdivision number and
name and the location of the property being subdivided with reference to maps
which have been previously recorded, or by reference to the plat of a United
States Survey. The following words shall appear in the title, "City of San Bernar-
dino, San Bernardino County, California."
3. Certificates and AcknowledgJIlents. All certificates and acknowledgments
shall be made pursuant to Map Act Sections 66433 e1~. and as approved by
the City Engineer, and shall appear only once on the cover sheet.
4. Scale. North Point and Basis of Bearings. There shall appear on each map
sheet the scale and north point. The basis of bearings shall appear on the title
map sheet and each subsequent sheet or referenced on each subsequent sheet.
The basis of bearing shall be based on Zone 5 of the California Coordinate Sys-
tem unless otherwise approved by the City Engineer.
5. Linear. An~lar and Radial Data. Sufficient linear, angular and radial data
shall be shown to determine the bearings and lengths of monument lines, street
centerlines, the boundary lines of the subdivision, the boundary lines on every
lot and parcel which is a part of the subdivision, and ties to existing monuments
used to establish the boundary. Arc length, radius and total central angle and
radial bearings of all curves shall be shown. Ditto marks shall not be used in the
dimensions and data shown on the map.
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1 AND PARCEL MAPS -19.~
6. Monuments. The location and description of all existing and proposed monu-
ments shall be shown. Standard City monument types shall be set at the follow-
ing locations:
A. The intersection of street centerlines;
B. The intersection of a street centerline and subdivision boundary;
C. Beginning and end of curves or intersection of tangents on centerlines;
D. Each lot/parcel comer; and
E. At other locations as may be required by the City Engineer.
7. Lot Numbers. Lot numbers shall begin with the number 1 in each subdivision
and shall continue consecutively with no omissions or duplications except where
contiguous lands, under the same ownership, are being subdivided in successive
units, in which event, lot numbers may begin with the next consecutive number
following the last number in the preceding unit. Non-buildable, open space and
common lot areas shall be lettered beginning with the letter "A" and shall con-
tinue consecutively with no omissions or duplications. Each lot shall be shown
entirely on 1 sheet of the final map, unless approved by the City Engineer.
8. Adjoining PrQperties. The adjoining comers of all adjoining subdivisions
shall be identified by subdivision number, or name when not identified by offi-
cial number, and reference to the book and page of the filed map showing the
subdivision; and if no subdivision is adjacent, then by reference to the last
recorded deed by book and page number for the last record owner.
9. Cit;y Boundaries. City boundaries which cross or join the subdivision shall be
clearly designated.
10. Street Names. The names of all streets, alleys, or highways within or adjoin-
ing the subdivision shall be shown.
11. Easements and Dedications. Easements and dedications for roads or streets,
paths, alleys, utilities, local transit facilities, storm water drainage, sanitary
sewers or other public use as may be required, shall be dedicated to the public
for acceptance by the City or other public agency, and the use shall be specified
on the map.
All easements of record shall be shown on the map, together with the name of
the grantee and sufficient recording data to identify the conveyance (e.g., re-
corder's serial number and date, or book and page of official records).
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~ AND PARCEL MAPS .19.Bo
Easements not disclosed by the records in the office of the County Recorder and
found by the surveyor or engineer to be existing, shall be specifically designated
on the map, identifying the apparent dominant tenements for which the ease-
ment was created.
The sidelines of all easements of record shall be shown by dashed lines on the
final map with the widths, lengths and bearings of record. The width and loca-
tion of all easements shall be approved by the City Engineer.
Between the time of the approval of the tentative map and the recordation of the
final map, no easements shall be granted to other agencies or utility companies
which interfere with the City's rights in any public right-of-way.
12. Open Space Areas. Open space areas may be shown, subject to the approval
of the City. Public open space areas shall be dedicated in fee unless otherwise
specified in the approval or conditional approval of the tentative map. Private
open space areas shall be dedicated as open space easements unless otherwise
specified in the approval or conditional approval of the tentative map.
19.~.060 PRELIMINARY SUBMITTAL.
The subdivider shall submit prints of the final map to the City Engineer for checking.
The preliminary prints shall be accompanied by the following data, plans, reports and
documents in a form as approved by the City Engineer and, where applicable, the City
Attorney:
."30. J./O.
1. Improvement Plans. Improvement plans pursuant to Section 19.XX.XXX.
. ~". l~o(,l).
2. Soils R~rt. A soils report prepared pursuant to Section 19.XX,Xv_X-
3. Title Report. A title report showing the legal owners at the time of submittal
of the final map, to be current within 90 calendar days.
4. Tax Certificate. A certificate from the County Tax Collector stating that all
taxes due have been paid or that a tax bond or other adequate form of security as-
suring payments of all taxes which are a lien but not yet payable has been filed
with the County.
5. Deeds for Easements or Rights-of Way. Deeds for off-site easements or rights-of-
way required for road or drainage purposes which have not been dedicated on
the final map. Written evidence acceptable to the City in the form of rights of
entry or permanent easements across private property outside of the subdivision
permitting or granting access to perform necessary construction work and per-
mitting the maintenance of the facility.
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. ,ANDPARCELMAPS-19.9cl
6. Traverse Closures. Traverse closures for the boundary blocks, lots, easements,
street centerlines and monument lines.
7. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic
calculations of all storm drains, flood flows, and retention facilities.
8. Governini Documents. The submittal of the final map for a common interest
development within the meaning of Sections 1350 et seq. of the State Civil Code
shall include the proposed Declaration of Covenants, Conditions and Restric-
tions containing the provisions described in Section 1353 of the Civil Code, and
all other governing documents for the subdivision as are appropriate pursuant to
Section 1363 of the Civil Code, and containing all conditions of approval desig-
nated to be contained within the "Code, Covenants and Restrictions." The sub-
mittal of the final map for all subdivisions other than a common interest develop-
ment shall include any Declaration of Covenants, Conditions and Restrictions
proposed in connection therewith. All documents shall be subject to review and
approval by the Director and/or City Engineer.
9. Guarantee of TItle. A guarantee of title, in form acceptable to the City
Engineer and City Attorney, shall be issued by a competent title company to and
for the benefit and protection of the City and shall be continued complete up to
the instant of recording of the final map, guaranteeing that the names of all per-
sons whose consent is necessary to pass a clear title to the land being subdivided,
and all public easements being offered for dedication, and all acknowledgments
thereto, appear on the proper certificates and are correctly shown on the map,
both as to consents as to the making thereof and affidavits of dedication where
necessary.
. ~... Of!?;).
10. ImprovPment Agreement. In the event sewer, water, drainage, gra'i'g,
paving, or other improvements required pursuant to Section 19.Je<.XXX have not
been completed prior to the presentation of the fmal map, an agreement pur-
suant to the requirements of Section 19.~.~~all be filed for the improve-
ment thereof. The subdivider shall ~~. ~~.~rmance of the agreement pur-
suant to the requirements of Section 19.XX.~. . '30. ;>;c
. "1>0. ,.~o.
11. Liability Agreement and Insurance. A hold-harmless agreement obligating
the subdivider to hold the City and its officers, agents and employees harmless
from any liability for damages or claims for damages for personal injury or death
which arise from the operations of the subdivider and/or the subdivider's sub-
contractors in connection with the subdivision. A certificate of insurance report-
ing to the City the amount of insurance the subdivider carries for the
subdivider's own liability for damages or claims for damages for personal injury
or death which arise from the operations of the subdivider or related subcontrac-
tors in connection with the subdivision. The certificate of insurance shall name
the City as an additional insured. The agreement and certificate required by this
section shall be subject to prior review and approval by the City Engineer.
12. Any additional data, reports, or information as required by the City Engineer.
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~ AND PARCEL MAPS -19.JO
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19.;6.070
DETERMINATION BY CITY ENGINEER
The City Engineer shall review the final map and any other required information and
the subdivider shall make corrections and/ or additions until acceptable to the City En-
gineer.
The subdivider shall submit to the City Engineer the original tracing of the map and
any duplicates pursuant to City requirements, corrected to its final form and signed by
all parties required to execute the certificates on the map. Original signatures shall ap-
pear on the original drawing. Upon receipt of all required certificates and submittals,
the City Engineer shall sign the appropriate certificates and transmit the original map
to the City Clerk.
J'6
19.~.080 APPROVAL BY COUNCIL
The final map approved by the City Engineer as complying with the approved or condi-
tionally approved tentative map shall be filed with the Council for approval after all re-
quired certificates have been signed. The date the map shall be deemed filed with the
Council is the date on which the City Clerk receives the map. The Council shall con-
sider the final map for approval at its next available regular meeting after the City Clerk
receives the map. Before approving the final map, the Council shall consider approval
of the subdivision improvement agreement pursuant to Section 19.XX.XXX.
. '30. "6<> .
If the subdivision improvement agreement and final map are approved by the Council,
the Mayor shall execute the agreement on behalf of the City. At the time the Council ap-
proves the final map, it shall also accept, accept subject to improvement, or reject any
offer of dedication. The City Clerk shall certify on the final map the action by the Coun-
cil. If at the time the final map is approved, any streets, paths, alleys, public utility ease-
ments, rights-of-way for local transit facilities, or storm drainage easements are not ac-
cepted by the Council, the offer of dedication shall remain open and the Council may,
by resolution at any later date, and without further action by the subdivider, rescind its
action and accept and open the streets, paths, alleys, rights-of-way for local transit
facilities, or storm drainage easements, which acceptance shall be recorded in the office
of the County Recorder.
The City may accept any dedications lying outside the subdivision boundary which re-
quire a separate grant deed. The acceptance shall be recorded in the office of the Coun-
ty Recorder.
If the subdivision improvement agreement and/ or final map is not in substantial com-
pliance with the approved tentative map, the Council shall deny the agreement and/ or
final map.
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,,)
Y AND PARCEL MAPS -191lO
The Council shall not postpone or refuse approval of a final map because the sub-
divider has failed to meet a tentative map condition requiring construction or installa-
tion of off-site improvements on land which neither the subdivider nor the City has suf-
ficient title or interest to permit the improvements to be made. Additionally, the
Council shall not deny approval of the final map if the City has previously approved a
tentative map for the proposed subdivision and if the Council finds that the final map is
in compliance with the requirements of the Map Act, this Development Code, and the
tentative map and all conditions thereof.
J~
19.~.100 RECORDATION
Upon approval of the final map by the Council, the City Clerk shall execute the ap-
propriate certificate on the certificate sheet and shall, pursuant to the provisions of Map
Act Section 66464, transmit the map, or have an authorized agent forward the map, to
the County Recorder.
JS
19.~.110 MERGERS AND UNMERGERS.
1. The primary purpose of this section is to provide for a merger of parcels upon
application of the property owner without the necessity of processing a parcel
map. The specific requirement for a city-initiated merger are as follows in com-
pliance Map Act Section 66451.11.
2. Merger without final map.
A. Upon application by the property owner, on a form approved by the
City Engineer, contiguous parcels under the same ownership may be
merged without filing a map for reversion to acreage. The form and con-
tent of the application and the information, data, fees, and other details re-
quired for the processing of same, shall be set by Council resolution.
B. The City Engineer shall have the authority to approve mergers, and no
final map shall be required provided the merger does not involve the fol-
lowing:
1. Streets or other easements to be vacated;
2. Release of previously posted agreements or securities for
improvements;
3. Release of previously paid fees or deposits made pursuant to the
division of the parcels to be merged; and/or
4. More than 4 parcels.
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~ AND PARCEL MAPS -19,llQ
c.
Upon approval of a merger, the City Engineer shall cause to be prepared
an appropriate instrument describing the parcels to be merged, which
shall be executed by the owner involved and the City Engineer, and which
shall be recorded with the County Recorder.
J~
19.$0.120
LOT LINE OR BOUNDARY ADJUSTMENTS
The procedure outlined in this Section shall govern the processing of and requirements
for lot line or boundary adjustments, pursuant to Map Act Section 66412(d). Anyadjust-
ment may be filed pursuant to the provisions of this Section to adjust the boundaries be-
tween 2 or more adjacent parcels, where the land taken from 1 parcel is added to an ad-
jacent parcel, and where a greater or lesser number of parcels than originally existed is
not created, provided the Development Review Committee (DRC) determines that the
proposed adjustment does not:
1. Create any additional or fewer parcels;
2. Include any parcels which are not legal as defined in the Municipal Code;
3. Impair any existing access or create a need for new access to any adjacent
parcels;
4. Impair any existing easements or create a need for any new easements serving
any adjacent parcels;
5. Increase or decrease the gross area of any property involved by more than
20%;
6. Require substantial alteration of any existing improvements or create a
need for any new improvements; and
7. Adjust the boundary between parcels for which a covenant of improvement
requirements has been recorded and all required improvements stated therein
have not been completed unless the DRC determines the proposed adjustment
will not significantly affect the covenant of improvement requirements.
Ll.<j
19.$0.130 REVERSIONS,
Subdivided real property may be reverted to acreage, pursuant to Map Section 66499.11
~ ~., and this Development Code. This Section shall apply to final and parcel maps.
Subdivided lands may be merged and resubdivided without reverting to acreage, pur-
suant to Map Act Section 66499.201/2.
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. 'AND PARCEL MAPS-19jQ'
An application for reversion to acreage shall be filed with the Department, and
reviewed by the City Engineer. A public hearing shall be held by the Commission on all
proposed reversions to acreage. Notice of public hearing shall be given by the Depart-
ment, pursuant to Section 19.JtX.XXX.-
~~ . "'cr.
19.~.140 CORRECTION AND AMENDMENT OF MAPS.
After a final or parcel map is filed in the office of the County Recorder, it may be
amended by a certificate of correction or an amending map, pursuant to Map Act Sec-
tion 66469 i:1 ~.
The certificate of correction or amending map, shall be submitted to the City Engineer,
pursuant to Map Act Section 66471.
J'b
19.50.150 CERTIFICATES OF COMPLIANCE
Any person owning real property within the City may request whether the property
complies with the provisions of the Map Act and the Municipal Code. Upon making
this determination, the City Engineer shall cause a Certificate of Compliance, with or
without conditions, to be filed for recordation with the office of the County Recorder,
pursuant to Map Act Section 66499.35. Any person requesting a Certificate of Com-
pliance shall pay the applicable engineering fee(s).
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. G~LAN AMENDMENTS -19.51
o
CHAPTER 19.54
GENERAL PLAN AMENDMENTS
b
19.51.010 PURPOSE
The Council may amend the General Plan of the City of San Bernardino whenever re-
quired by public necessity and general welfare.
o
19.~.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.~ (Hearings and Appeals).
o 1,7
19.!)J.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.xx._
.<:>0.0<';0.
Commission action recommending that the proposed General Plan Amendment be ap-
proved/ approved in modified form, or denied shall be considered by the Council fol-
lowing Commission action.
o
19.~.040 COUNCIL ACTION ON AMENDMENTS
Upon receipt of the Commission' s recommendation, the Council may approve, approve
with modifications, or disapprove the proposed amendment based upon the findings
contained in Section 19.19E.llillC: .Amendments to the General Plan Land Use/ Zoning Dis-
trict Map shall be adopted br. z;esolution,:lRQ 9nl.iftBftet: )imendments to the text of the
General Plan shall be adoPt~ resolution. A-
o . 1)0. 0.;0 .
19.~.OSO FINDINGS
An amendment to the General Plan may be adopted ~ 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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G~LAN AMENDMENTS -19.~
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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. H~GS AND APPEALS -19.86
s5cr .
CHAPTER 19.66
HEARINGS AND APPEALS
4r
19.~.010 PURPOSE
These provisions specify procedures for hearings before the Council, Commission,
Development Review Committee (DRC) and Director and appeals of any requirement,
decision or determination made by the Director, DRC or the Commission.
~'r
19.~.020 APPLICATION PROCESSING
Applications shall be reviewed and processed in a manner consistent with the
provisions of the California Government Code Sections 65090, 65091, and 66451.3.
Not less than 10 days before the date of a hearing, public notice shall be given of such
hearing by EIBe of the following methods:
I
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; {'J(}
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"'/.'
. HFGSANDAPPEALS-19.66
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 agen-
cy expected to provide water, sewage, streets, roads, schools, or other essential
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 postmar1<;l. p
In the event that the number of owners and tenants to whom notice would be
sent P'. '11 _..~ l_ (11.) Ks":e is greater than 1000, it. h__ .....f-~_I:. ~ I'..... uIR=-r..- (,,:}
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 actionpRa itl At KA3t 1 wddiliBI1 al.
ne..5papE:f haviflg genefill rirrolatiea withiR tAlllm!a 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.; ~
<50'
19.~.030 DIRECTOR INVESTIGATION
The Director shall make an investigation of the facts bearing on the case to provide the
information necessaryjgr action consistent with the intent of this Development Code
and the General Pl~the Director shall report the findings to the DRC, Commission or
Council as appropriate.
19.U:040 HEARING PROCEDURE
Hearings as provided for in this Chapter shall be held at the date, time, and place for
which notice has been .-.Siven as required in this Chapter. The summary minutes or tape
shall be prepared~aucno tape made and filed in the Department. Any hearing may be
continued provided that prior to the adjournment 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.tlOSO NOTICE OF DECISION - DIRECTOR AND DEVELOPMENT
REVIEW COMMITTEE
The Director and/ or the DRC shall announce and record their respective decisions at
the conclusion of each required 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.
19.;lo60 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.
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HFGS AND APPEALS -19~
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.
~'f
19.~.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 by the City Clerk to the applicant at the address shown upon the
application.
The decision of the Council shall be final.
ho _______
19.~.080 EFFECTIVE DATE ~' If .d~r
u~ ';;;.;;4 ~
"DevefoEment Permits Vlilieh de Ret re<ftiire a blic hf: . ~shall become effective
r upon approval1 Minor Exceptions, Variances, evelopment Permits, whieh reqttif€ a
/' t,u.l.,li' l,,;a..it~ and Conditional Use Permits, shall become effective 15 days following
) ~(.~the final date of action (i.e., approval) by the appropriate review authority. Specific
- . Plans, General Plan Amendments, Development 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 ap-
proval shall constitute the permit, and the resolution or ordinance shall constitute the
amendment.
~o
19.66.090 APPEAL OF ACTION
Any determination or action taken by the Director or the DRC 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 Council. Any determination or ac-
tion taken by the City Engineer may only be appealed directly to the Council.
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19.6r.l00 FILING OF APPEALS
'it
HrCS AND APPEALS -19.
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 DRC 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 with the Depart-
ment within 15 days following the final date of action for which an appeal is made. An
appeal of a City Engineer action shall be filed in the office of the City Clerk. All appeals
relating to subdivision matters shall be made within 15 days following the date of the
decision or action for which an appeal is made. Appeals shall be accompanied by a
filing fee as specified in Chapter 19~(Applications and Fees).
6( 3d...
19.~.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.~120 EFFECTIVE DATE OF APPEALED ACTIONS
An action of the Director or DRC appealed to the Commission shall not become final
until upheld by the Commission. An action of the Commission or City Engineer ap-
pealed to the Council shall not become final unless and until upheld by the Council.
~J
19.~.130 REAPPLICATION
/
.
7J~
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.
19.~140 RECONSIDERATION
If more complete or additional facts or information, which may affect the original action /
taken on an application by a review authori~e J . 11 i We presented, the review v
authority may reconsider such action taken, if a request for reconsideration is filed with
the Department within 15 days following the final date of action. If a public hearing
was required in the original review process, another public notice as specified in Section
19.Q.020 shall be made prior to the reconsideration of the review authority, and all
costs associated with the reconsideration shall be paid by the applicant.
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'7
. HOMWCUPATION PERMITS -190$4
1?
CHAPTER 19.,34
HOME OCCUPATION PERMITS
~
19.34.010 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.~.020 APPLICATION
The conduct of a home occupation requires the approval of the Director who may estab-
lish 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.xX (Applications and Fees).
'">J'
No home occupation permit shall be required for an in-home educational activity, in-
cluding but not limited to music lessons, academic tutoring, ,or religious instruction,
provided that no more than 5 students are present at any 8M! time, and the use com-
plies with all of the operating standards outlined below. In addition, no home occupa-
tion permit nor Certificate of Occupancy shall be required for a business using the
owner(s) or any partner(s) home as its business address provided: 1) that there is no sig-
nage at the home address; 2) there are no building materials stored at the home address;
3) that no manufacturing takes place at the home address; and, 4) that in the course of
doing business, no employees or customers appear at the home address to transact busi-
ness.
~
19.M.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;
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HOME.UP AnON PERMITS -19.$4
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;
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, light, 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 vehicular traffic 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.
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HOMeCUPATION PERMITS -19~
~
19.~.040 PROHIBITED HOME OCCUPATION USES
The following list presents example uses that are not incidental to~~ompatible 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;
4. Medical and dental offices, clinics, and laboratories;
5. Mini storage;
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; and
T\of
10. Any other use determined by the Director to be not incident. compatible
with residential activities.
~
19.~4.050 REVOCATION
I
A Home Occupation Permit may be revoked or modified by the Director if any ~ 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; lad 0\
6. That the use is in violation of any statute, ordinance, law, or regulation.
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INTERPRET AnON -19.10
9-1
CHAPTER 19.'1()
INTERPRETATION
7W
19.10.010 PURPOSE
These procedures ensure the consistent interPretation and application of the provisions
of this Development Codo/ r-J \ t;...........J P 1...- .
o #
19.~.020 PROCEDURE
~ written appeal of any interpretation of the provisions of this Development Code may
! be filed, together with all required fees, with the Department. The appeal shall specifi-
cally state the DeVelopmentCod~e provision(s) in question, and provide any informa-
tion to assist in the review of the ppeal. The decision of the Director may be appealed
to the Commission. The decisio of the Commission may be appealed to the Council.
~ G.~ I~
{-"j... ~ k -tJ., ~ -6. ~ ~~ {I~ ;_t'?: ,.L~~ I
i ~ --i, ~ ^ A -,;, ...it..:<:.... . ...Iv q_-...NL ;,Jr.ti.o,
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!NOR EXCEPTIONS -19.1lt
t5't
CHAPTER 19.'40
MINOR EXCEPTIONS
19~.010 PURPOSE
These provisions shall ensure the following:
1. Minor adjustments from the standards contained in this Development Code
shall be granted only when, because of special circumstances applicable to the
property the strict application of this Development 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.
'5%
19.1O.020 APPLICATION
An application for a'i Minor Exception shall be filed in a manner consistent with the re- ./
quirements contained in Chapter 19.p (Applications and Fees).
~i ,if
19.40.030 APPLICABILITY
The Director may grant 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 minor exception request which exceeds the prescribed limitations outlined in this
Section shall require the filing of a Variance application, pursuant to Chapter 19~ 7lJ-.
Minor exceptions may be approved by the Director only if no other entitlements are re-
quried. If other approvals are necessary, the minor exception shall be filed concurrently.
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19.~.040 HEARINGS AND NOTICE
. 1-;'5
!NOR EXCEPTIONS -19.4Q'
Upon receipt in proper form of a Minor Exception application, a public hearin~ shall be
set and notice of such hearing given in a manner consistent with Chapter 19.~ (Hear-
ings and Appeals). ~;r
~
19.~.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 application in
whole or in part, with or without conditions, ~ if ill 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
Development Code deprives such property of privileges enjoyed by other
property in the vicinity and under identica1land 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 governing the subject parcel; and
6. That granting the Minor Exception will not be inconsistent with the General Plan.
"')'b
19.~.060 PRECEDENTS
The granting of a prior Minor Exception is not admissible evidence for the granting of a
new Minor Exception.
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.INOR EXCEPTIONS -19.~
.
19.11070 BURDEN OF PROOF
The burden of proof to establish the evidence in support of the findings, as required by
Section 19.xx.xxx, is the responsibility of the applicant.
?t .?t.~
19.~.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.
4
19.~.090 TIME EXTENSION
The Director may, upon an application being filed 30 days prior to expiration and for
good cause, grant a time extension not to exceed 12 months. Upon granting of an exten-
sion, the Director shall ensure that the Minor Exception complies with all current
Development Code provisions.
",1'
19.;0.100 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 Sec-
tion 19.xx.xxx.(Effective Date).
?;1 ..;~ .Oi'O
19.1tJ.ll0 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 Bernardino, and/ or the project applicant.
. f
A Minor Exception may be revoked or modified by the Director if any eRe of the follow-
ing findings can be made:
..;'l' .o-;.tl
1. That circumstanol have changed so that 1 or more of the findings contained
in Section 19..><x.~ 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;
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MINOR EXCEPTIONS -19.48'
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; -e (l (
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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.OR MODIFICATIONS -19ii
0U
CHAPTER 19.:)8
MINOR MODIFICATIONS
60
19.~.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).
b4
19.~.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 3)-
Director and shall be filed with the Department, pursuant to Chapter 19~
tions and Fees). Any modification request which exceeds the prescribed limitations out-
lined in this Chapter shall require the refiling of the original application and a sub-
sequent hearing by the appropriate review authority.
19.11030 APPLICABILITY
The Director may grant a minor adjustment to an approved permit 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 Develop-
ment Code:
1. On-site circulation and parking, loading and landscaping;
2. Placement and/or height of walls, fences and structures;
3. Reconfiguration of architectural features, including colors, and/or modification
of finished materials that do not alter or compromise the previously approved
theme; and
4. A reduction in density or intensity of a Development Project.
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NON-CONFORMING ~CTURES AND USES -19.~
CHAPTER 19.62
NON-CONFORMING STRUCTURES AND USES
19.62.010 PURPOSE
These provisions provide for the orderly terinination 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 nonconforining 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 nonconforining structures and uses
shall be eliminated as rapidly as possible without infringing upon the constitutional
rights of property owners.
19.62.020 NONCONFORMING STRUCTURES
A structure which lawfully existed prior to the effective date of this Development Code
is a legal nonconforining 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 nonconforining structure may be maintained as follows:
1. A legal nonconforining 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 Development Code. However, any
residential structure(s), including multi-family, in a residential land use district
destroyed by a catastrophe, including fire, may be reconstructed up to the
original size, placement, and density. However, reconstruction shall commence
within 2 years after the catastrophe.
2. Necessary repairs and desired alterations may be made to a legal nonconforining
residential structure(s), including multi-family, located in a residential land use district.
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NON-CONFORMING ~CTURES AND USES -19.~
ffrv"+v r<'5)
Reasonable repairs and alterations may be made(to legal nonconforming
ld. _.!ti. ~ commercial, institutional, or industriallprovided that no structural al-
terations shall be made which would prolong the life of the supporting members
of a structure, such as bearing walls, columns, beams, or girders. Structural ele-
ments 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 commercial, institutional, or industrial
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 con-
secutive 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 Development 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
Development Code. A use of a legal nonconforming structure shall be con-
sidered 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.
C. Where there are no business receipts available for the 6 month period.
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NON-CONFORMING .CTURES AND USES -19.~
19.62.030 NONCONFORMING USES
IlJ I~
A nonconforming u::~~ which lawfully existed prior to the effective date of this
Code, but which is 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
Development 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 Develop-
ment Code.
4. If a nonconforming use is converted to a conforming use, no nonconforming
use may be resumed.
5. No nonconforming use may be established or replaced by another nonconforming
use, nor may any nonconforming use be expanded or changed, except as
provided in 19.62.030 (6) and 19.CfOJO (7).
6. A nonconforming use of a portion of a nonconforming commercial or industrial
center or complex may be established or replaced by another similar nonco -
forming use subject to the granting of Development Permit after ubli oticed
hearing as specified in Section 19.151.020, and if all of the following ill ings are
made: 5~
a. That the nonconforming use is similar to the uses originally allowed in the
center or complex;
b. That the nonconforming use will not adversely affect or be materially detri-
mental to adjoining properties; anct( ./
c. That the use of the entire center or complex has not been vacant or dis-
continued for a period of 6 or more calendar months.
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NON-CONFORMING .CTURES AND USES -19.~-
7. An existing legal nonconforming use or legal nonconforming building may be
~:y ~rlj or changed subject to the grantin&of a Development Permit
after a ubli noti hearing as specified in Section 19.~.020, and if all of the fol-
lowing findings are made: 5J-
a. That such expansion or change is minimal;
b. That such expansion or change will not adversely affect or be materially
detrimental to adjoining properties;
c. That there is a need for relief or overcrowded conditions or for moderniza-
tion in order to properly operate the use; and,x.
d. That the use is existing and has not been discontinued for a period of 6 or
more calendar months.
19.62.040 ABATEMENT OF NONCONFORMING USES
Legal nonconforming uses shall be discontinued within the following specified time
limits, from the effective date of this Development Code:
1. A nonconforming use which does not 5 years
occupy a structure
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
19.62.050 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.
19.62.060 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...(Enforcement
of Provisions) and State law. 1,1:>
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SPECIFIC PLANS -19.~
CHAPTER 19.#,
SPECIFIC PLANS
~
19.~.010 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.)El(.~eO(~SP [Specific Plan] District) and pursuant to
GovemmentCodeSection65450~~. . \0 OlD C~)(e)
~ .
19.~.020 PRE-SUBMITTAL AND PREPARATION OF SPECIFIC PLANS
1. A pre-submittal application and fee are required prior to filing a formal Specific
Plan application. A pre-application conference with Department representatives
is required prior to the filing of the formal specific plan application.
2. The Specific Plan and Environmental hnpact Report (EIR), if required, shall not
be prepared by the same consulting firm.
3. Consultants and/or the applicant shall be responsible for preparation and
advertisement of the Notice of Preparation (NOP) and the Notice of Completion
(NOC) for the EIR, if an EIR is required.
4. Prior to the preparation of a Specific Plan or EIR the applicant shall hold a public
scoping meeting to identify potential community impacts and concerns about
the project. Public notice of the scoping meeting is required. Noticing proce-
dures shall be defined by the Department at the pre-application conference.
kl~
19.~.030 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.
b~
19.$2.040 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.p"(Hearings and Appeals).
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. . . SPEOFlC PLANS -19.81'
'\'!!.
COMMISSION ACTION ON SPECIFIC PLANS
19.d.oso
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.~.
fA-. 010.
Commission action recommending that the proposed Specific Plan be approved, ap-
proved in modified form, or denied shall be considered by the Council following Com-
mission action.
19.~.060 COUNCIL ACTION ON SPECIFIC PLANS
Upon receipt of the Commission's recommendation, the Council may approve, approve
with modifications, or disapprove the proposed Specific Plan based upon the findings
contained in Section 1,~~' Prior to Council action, all land within the scope of the
Specific Plan shall be tc~~~ated within the City.
l~ . W.07D.
19.~.070 FINDINGS
A Specific Plan may be adopted only if all of the following findings are made:
1. The proposed plan is consistent with the General Plan;
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 neigh-
borhood; 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.
04
19.~.080 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, un-
less found consistent with the adopted Specific Plan.
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.UBDIVISION MAPS -19.4S
bC, '1!"
CHAPTER 19.48
SUBDIVISION MAPS
~~
19.~.010 PURPOSE
The purpose of the subdivision requirements of this Development Code is to promote
the public health, safety, general welfare and preserve the aesthetic quality of the City
through the regulation and control of the division of land, and to supplement the
provisions of the Map Act relating to design, improvement, and survey data of sub-
divisions, in addition to the form and content of all maps provided for by the Map Act,
and the procedure to be followed in securing the official approval of the City regarding
the maps. To achieve this purpose, the regulations contained in this Development Code
are determined to be necessary to promote orderly growth and development, open
space, conservation, protection and proper use of land; and to ensure adequate
provision for traffic circulation, utilities, and other services in the City.
It is the intent of this Development Code to incorporate by reference, to the maximum
extent feasible, the provisions of the Map Act, consistent with Section 66411 of the
Government Code, as may be amended from time to time.
1,;(,
19.~.020 APPLICATION
The subdivision regulations shall apply to all or part of any subdivision within the City,
and to the preparation of any subdivision maps or other maps required by the Map Act.
19.~:030 EXCLUSIONS
This Development Code shall be inapplicable to those exclusions provided in the Map
Act, Section 66412 of the Government Code.
19.<<040 EFFECT OF ANNEXATION
Any subdivision subject to annexation to the City shall comply with the Map Act, Sec-
tion 66413 of the Government Code.
I,;C
19.48.050 FEES
All persons submitting applications for maps or other approvals required by this
Development Code shall pay, at time of application, all fees and/or deposits as con-
tained in the City's ''Fees for Planning Services", pursuant to Chapter 19.~ (Applica-
tion and Fees). 3J.-
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19.~.060 DEFINITIONS
WUBDIVISION MAPS -19.ii
~
In addition to those terms defined below, and specific terms defined in other Chapters
of this Development Code, this Chapter shall incorporate by reference those terms
defined in the Subdivision Map Act, Section 66414 ~~. (Article 2. Definitions) of the
Government Code.
ACT~age. Any parcel of land, of 1 acre or more and those areas where a legal sub-
division has not been made previously, or where a legal subdivision has declared the
parcel as acreage.
Boundary Adjustment. A minor shift or rotation of an existing lot line where no addi-
tional parcels are created, nor deleted, as approved by the City Engineer.
City Engineer. The Director of Public Works/City Engineer of the City of San Bernar-
dino; hereinafter referred to as "City Engineer".
Conversion. The creation of separate ownership of existing real property together with
a separate interest in space of residential or commercial buildings.
County Recorder. The County Recorder of the County of San Bernardino.
DfWartment of Public Works. The Public Works Department of the City of San Bernar-
dino; hereinafter referred to as "Public Works".
Environmental Impact Report (EIR)' A detailed statement under the California Environ-
mental Quality Act (CEQA), State Public Resources Code Sections 21000 ~ ~., describ-
ing and analyzing the significant environmental effects of a project and discussing
methods to mitigate or avoid said effects.
Final Map. A map showing a subdivision for which a tentative and final map is re-
quired under the Subdivision Map Act, Section 66426 of the Government Code,
prepared in compliance with the provisions of this Development Code and the Sub-
division Map Act and designed to be recorded in the Office of the County Recorder.
l,ov~mment Code. The Government Code of the State of California.
Improvement Standard. A specified requirement imposed by this Development Code
relating to the installation, modification or removal by the subdivider of a street,
sidewalk, utility, well, tree, storm drain or other facility as necessary for the general use
by the lot owners of the subdivision and local neighborhood.
~- L-r";;:; K!u",",,,'c,,-, !..: - '5<.'C 'X.~^dAC.( ..,-.(~.,/t."\L" ,.-L .
Merger. The joining of 2 or more contiguous parcels of land under 1 ownership into 1
parcel.
Negative Declaration. A detailed statement prepared under the California Environmen-
tal Quality Act (CEQA), pursuant to Public Resources Code 21000 et seq., documenting
that a project will not result in any significant environmental effects.
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.SUBDIVISION MAPS -19.46
Parcel Map. A map showing a subdivision for which a parcel map is required under
Subdivision Map Act Section 66426, subdivision (a), (b), (c) or (d) and other sub-
divisions for which a final map is not required under the Subdivision Map Act
prepared in compliance with the provisions of this Development Code and the Sub-
division Map Act designed to be recorded in the Office of the County Recorder..
Remainder. That portion of an existing parcel which is not included as part of the
proposed subdivision. The remainder is not considered as part of the subdivision but
must be shown on the required maps as part of the area surrounding subdivision
development.
Shall and May. "Shall" is mandatory and "may" is permissive.
Subdivision Map Act. State of California Government Code Section 66410 to 66499;
hereinafter referred to as "The Map Act" .
19.4t070 DIVISION OF LAND - 5 OR MORE PARCELS
Tentative and final maps shall be required for all subdivisions creating 5 or more par-
cels, pursuant to Map Act Section 66426.
19.~.080 DIVISION OF LAND - 4 OR LESS PARCELS
A tentative and final parcel map shall be required for all divisions of land creating 4 or
fewer parcels, as well as those divisions contained in Map Act Section 66426.
A tentative and final parcel map shall not be required for those divisions outlined in
Map Act Section 66428, nor for lot line adjustments contained in Map Act Section 66412
(d).
\q~
19.48.090 WAVIER OF PARCEL MAP REQUIREMENTS
The City Engineer may, in the Engineer's discretion, waive parcel map requirements for
the following:
1. Division of real property or interest therein created by probate, eminent
domain procedures, partition, or other civil judgments or decrees; or
2. A division of property resulting from the conveyance of land or interest to or
from the City, public entity or public utility for a public purpose, such as school
sites, public building sites, or rights-of-way, or easements for streets, sewers,
utilities, drainage, etc.
Pursuant to Map Act Section 66428, the Commission may waive a parcel map upon
making a finding that the proposed division of land complies with City requirements as
to area, improvement and design, flood water drainage control, appropriate improved
public roads, sanitary disposal facilities, water supply availability, environmental
protection and other requirements of the Map Act, and the Municipal Code.
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"UBDIVISION MAPS -19.;S-
Upon waiver of the parcel map requirement by the Commission, the City Engineer
shall cause to be filed with the County Recorder a certificate of compliance for the land
to be divided and a plat map showing the division.
A parcel map waived by the Commission may be conditioned to provide for payment
of parkland dedication, area of benefit fees, and other fees.
10"
19.~.100 GENERAL
The content and form, submittal and approval of tentative maps shall be governed by
the provisions of this Chapter.
An application for approval of a tentative map pursuant to this Chapter shall not be ac-
cepted for filing until the subdivision has been determined by the Department to be con-
sistent with the General Plan, applicable specific plans and this Development Code. Ad-
ditionally, all required discretionary City approvals shall have been previously obtained
or applications for same shall be filed concurrently with the tentative map.
G0
19.~.110 CONTENT AND FORM
The tentative map shall be prepared in a manner acceptable to the Department and
shall be prepared by a registered civil engineer or licensed land surveyor. The tentative
map shall be clearly and legibly drawn and shall contain, but not limited to, the follow-
ing:
1. A title which shall contain the subdivision number, and type of subdivision.
2. Name and address of legal owner, subdivider and person preparing the map,
including registration or license number.
3. Sufficient legal description to define the boundary of the proposed subdivision.
4. The names and numbers of adjacent subdivisions and the names of owners of
adjacent unplatted land.
5. Date, north arrow, scale, contour interval, and source and date of existing contours.
6. A statement of present land use designation(s) and of existing and proposed
uses of the property.
7. A vicinity map showing roads, adjoining subdivisions, cities, creeks, railroads
and other data sufficient to locate the proposed subdivision and show its relation
to the community.
8. List the applicable agencies that provide service to the proposed subdivision
(Le., school district[s], gas, electric, water and sewer, telephone, cable TV, etc.)
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9. Existing topography of the proposed subdivision site and at least 100 feet
beyond its boundary, including but not limited to:
A. Existing contours at 1 foot intervals if the existing ground slope is less
than 15% and at not less than 5 foot intervals for existing ground slopes
equal or greater than 15%. Contour intervals shall not be spread more
than 150 feet apart. Existing contours shall be represented by dashed lines
or by screened lines.
B. Type, circumference and dripline of existing trees with a trunk diameter
of 4 inches or more. Any trees proposed to be removed shall be so indi-
cated.
C. The location and outline of existing structures identified by type.
Structures to be removed shall be so marked.
D. The approximate location of all areas subject to inundation or storm
water overflow; the location, width, and direction of flow of each water
course; and the flood zone designation as indicated on the Flood In-
surance Rate Map ("FIRM"), as defined in Chapter 19.16 (Flood Plain Over-
lay District) of this Development Code.
E. The location, pavement and right-of-way width, grade and name of all
existing and proposed public or private streets or highways.
F. The widths, location and identity of all existing easements.
G. The location and size of existing wells, septic tanks, sanitary sewers,
fire hydrants, water mains and storm drains. The approximate slope of ex-
isting sewers and storm drains shall be indicated. The location of existing
overhead utility lines on-site or on peripheral streets shall be indicated.
10. Proposed on-site and off-site improvements to be illustrated shall include
but not be limited to:
A. The location, grade, centerline radius and arc length of curves, pavement,
right-of-way width and name of all streets. Typical sections of all streets
shall be shown. Proposed private streets shall be clearly indicated.
B. The location and radius of all curb returns and cul-de-sacs.
C. The location, width and purpose of all easements.
D. The angle of intersecting streets if the angle deviates from a right
angle by more than 2 degrees.
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.UBDIVISION MAPS -19.111
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E. The proposed lot layout and the approximate dimensions of each
lot and each building site. Engineering data shall show the proposed
finished grading of each lot, the preliminary design of all grading,
numeric estimate of grading activity relating to excavation and fill, the
elevation of proposed building pads, the top and the toe of cut and fill
slopes to scale, the number of each lot, and the elevation of adjacent par-
cels.
F. Proposed contours at 1 foot intervals shall be shown if the existing ground
slope is less than 15% and not at less than 5 foot intervals for existing
ground slopes of 15% or more. A separate grading plan may be required
to be submitted.
G. Proposed recreation sites, bike paths, trails and parks for private or
public use, which shall be indicated as lettered lots.
H. Proposed common areas and areas to be dedicated to public open space,
which shall be indicated as lettered lots.
1. The location and size of proposed and existing sanitary sewers, fire
hydrants, water mains and storm drains. Proposed slopes and ap-
proximate elevations of sanitary sewers and storm drains shall be indi-
cated.
J. Any proposed locations and sizes of storm water runoff retention basins.
K. Subdivision improvements outside of the boundary including right-of-
way, topography, and proposed work.
11. The name or names, state license number, address and telephone number, of
any geologist andlor soils engineer whose services were required in the prepara-
tion of the tentative map.
12. The size of sheets shall be as required by the City Engineer. A marginal line
shall be drawn completely around each sheet, leaving an entirely blank margin
of 1 inch. The scale of the map shall be an engineering scale and of a size neces-
sary to show all details clearly. All printing or lettering on the map shall be of
1/8 inch minimum height and of a shape and weight as to be readily legible on
prints and other reproductions made from the original drawings.
13. If the subdivider plans to develop the site in units or phases, the proposed units
or phases and their proposed sequence of construction shall be shown.
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_ ~ SUBDIVISION MAPS -19.411
14. Upon the written request of the subdivider, the Department may waive any of
the above tentative map content requirements if the Department determines that
the type of subdivision does not justify compliance with these requirements, or if
the Department determines that other circumstances justify a waiver. The
Department may require other drawings, data, or information as deemed neces-
sary to accomplish the purposes of the Subdivision Map Act and this Develop-
ment Code.
15. Names of all streets as approved by the Fire Department and the Department of
Public Works/City Engineer.
19.1l120 ACCOMPANYING DATA AND REPORTS
The tentative map shall be accompanied by the following data and reports:
1. Street Identification. Proposed streets shall be alphabetically labeled.
2. Soils R~rt.
A. If a preliminary soils report is required, it shall be prepared by a civil
engineer registered in this State and based upon adequate test borings,
shall be submitted to the Department for every subdivision, pursuant to
Chapter 15 of the Municipal Code.
B. A preliminary soils report may be required by the City Engineer.
C. If the City has knowledge of, or the preliminary soils report indicates,
the presence of critically expansive soils, liquefaction, or other soil
problems which, if not corrected, would lead to structural defects, a soils
investigation of each lot in the subdivision may be required by the Depart-
ment. This soils investigation shall be done by a civil engineer registered
in this State, who shall recommend the corrective action which will
prevent structural damage to each structure proposed to be constructed in
the area where the soil problems exist. .
D. The Commission may approve, upon recommendation of the City
Engineer, the subdivision, or portion thereof, where a soils problem exists
if it determines that the recommended action will prevent structural
damage to each structure to be constructed, and a condition to the is-
suance of any building permit shall require that the approved recom-
mended action will be incorporated into the construction of each structure.
3. Title Report. A preliminary title report, acceptable to the Department, showing
the legal owners at the time of filing the tentative map, dated within 90 days of
the application being deemed complete.
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4. Environmental Review. Information shall be submitted, as required by the
Department, to allow a determination on environmental review to be made in
compliance with CEQA. The various time limits contained in this Development
Code for taking action on tentative maps shall not commence until the sub-
division application is deemed complete for processing, pursuant to Public
Resources Code 21151.5 and Map Act Sections 66452.1 and 66452.2. The sub-
divider shall deposit and pay all fees as may be required for the preparation and
processing of environmental review documents.
5. Prelimin~ Engjneerin~ Calculations. Information shall be submitted as
required by the standard engineering specifications to demonstrate the adequacy
of the design of the proposed improvements. This information shall include
design parameters and engineering calculations, and be in conformance with the
policies and procedures of Public Works.
6. Phasin~. If the subdivider plans to file multiple final maps on the tentative
map, a written notice to this effect shall be filed with the Department. Phase
lines shall be shown on the map(s).
7. Solar Access. Any plans and information relating to solar access may be required
to be submitted at the time of the tentative map submittal pursuant to the
provisions of this Development Code.
8. Other Reports. Any other data or reports deemed necessary by the Department,
or City Engineer.
19.~.130 DEPARTMENT REVIEW
A prospective subdivider, or agent, may request a pre-application conference with the
Department prior to formal submittal of a subdivision application, pursuant to Section
'l. 3\.030. 19.)(XJCXX- During the conference, the Department representative(s) shall inform the
I . subdivider of applicable policies, plans, and requirements as they apply to the
proposed subdivision, review the appropriate procedures outlined in this Development
Code and examine possible alternatives or modifications relating to the proposed sub-
division.
The tentative map application shall be filed with the Department. The application shall
be determined by the Department to be complete only when the content and form of I'f." I/O
the tentative map conform to the requirements of Section 19.XX.x-vfand when all ac- .
companying data and reports, as required by Section 1.,.XX.XXX; and allfees and/or 19. H. 1.;1 0
deposits as required by Section 19 Xv v"~have been submitted and accepted by the 1'I.t.t.. 0";0
Department. The subdivider shall file, with the Department, the number of tentative
maps the Department deems necessary. The Department shall forward copies of the
tentative map to the affected public agencies and utilities which may, in turn, forward
to the Department their findings and recommendations.
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e SUBDIVISION MAPS -19.U
Within 10 days of the filing of a tentative map application, the Department shall send a
notice of the filing of the application to the governing board of any elementary, high
school or unified school district within the boundaries of which the subdivision is
proposed to be located, as outlined in Map Act Section 66455.7.
19.41.140 EXTENSION OF TIME
Any applicable time limits for acting on the tentative map application may be extended
by mutual written consent of the subdivider and the City, as outlined in Map Act Sec-
tion 66451.1. A waiver of application time limits may be required to permit concurrent
processing of related project requests.
19.~150 COMMISSION DETERMINATION
1. Notice of Public Hearings Upon receipt of a complete tentative map applica-
tion, the Department shall prepare a report with recommendations after
environmental review by the ERe. The Department shall ~~ the matter for -('f. ~ C?-
public hearing before the Commission, pursuant to S'~~.XX.xxr A copy
of the Department report shall be mailed to the subdivider at least 3 days prior
to the public hearing at the address designated on the application.
2. Action. The Commission shall approve, conditionally approve or deny the
tentative map within 50 days after the tentative map application has been deter-
mined by the Department to be complete, and report the decision to the sub-
divider. If an environmental impact report is prepared, the decision by the Com-
mission shall be made 45 days after certification of the report.
3. Determination. The tentative map may be approved or conditionally
approved by the Commission if it finds that the proposed subdivision, together
with the provisions for its design and improvements, are consistent with the
General Plan, any applicable specific plan, and all applicable provisions of the
Municipal Code. The Commission may require, as a condition of its approval,
that the payment by the subdivider of all development fees, required to be paid
at the time of the application for, or issuance of, a building permit or other
similar permit, shall be made at the rate for applicable fees in effect at the time of
said application or issuance of a building or similar permit.
The tentative map may be denied by the Commission on any of the grounds con-
tained in the Map Act, General Plan or the Municipal Code. The Commission
shall deny the tentative map if it makes any of the following mandatory findings
contained in Map Act Section 66474:
A. That the proposed map is not consistent with applicable general and
specific plans as specified in Section 65451;
B. That the design or improvement of the proposed subdivision is not
consistent with applicable general and specific plans;
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C. That the site is not physically suitable for the type of development;
D. That the site is not physically suitable for the proposed density of
development;
E. That the design of the subdivision or the proposed improvements are
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat;
F. That the design of the subdivision or type of improvements is likely
to cause serious public health problems;
G. That the design of the subdivision or the type of improvements will
conflict with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision.
~~
19.~.160 EXPIRATION
1. The approval or conditional approval of a tentative map shall expire 24 months
following approval by the Commission. However, the map may be extended !!. J ~)
the subdivider has complied with Map Act Section 66452.6 (a~ extension to .
the expiration date may also be approved pursuant to Section 19.XX.XXX.
. (pip .llo.
2. The period of time outlined in (1.) above shall not include any period of time
during which a lawsuit has been filed, whether or not first appealed to the Coun-
cil, and is pending in a court of competent jurisdiction involving the approval or
conditional approval of a tentative map only if a stay of the time period is ap-
proved by the Commission. After service of the initial petition or complaint
upon the City, the subdivider shall, in writing, to the Director, request a stay in
the time period of the tentative map. Within 40 days after receiving the request,
the Commission shall either stay the time period for up to 5 years or deny the re-
quested stay. The request for the stay shall be a hearing with notice to the sub-
divider and to the appellant, and upon conclusion of the hearing, the Commis-
sion shall, render its decision.
3. The period of time outlined in (1.) above shall not include any period of time
during which a development moratorium is in effect pursuant to Map Act Sec-
tion 66452.6.
4. Expiration of an approved or conditionally approved tentative map shall
terminate all proceedings and no final map or parcel map of all or any portion of
the real property included within the tentative map shall be filed without first
processing a new tentative map. The final map or parcel map documents sub-
mitted for filing must be accepted as adequate for approval by Council by the
City Engineer prior to the expiration date.
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19.<<.170 EXTENSIONS
.SUBDlVISION MAPS -19.J8~
1. ReqJ1est Qy Subdivider. The subdivider may request an extension of the
expiration date of the approved or conditionally approved tentative map by writ-
ten application to the Department. The application shall be filed not less than 30
days before the map is to expire and shall state the reasons for requesting the ex-
tension. The subdivider shall be solely responsible for filing the application.
2. Commission Action. The Department shall review the request and submit
the application for the extension, together with a report to the Commission for
approval, conditional approval, or denial at the next regularly scheduled Com-
mission meeting. A copy of the Department's report and recommendation shall
be forwarded to the subdivider prior to the meeting on the extension. In approv-
ing, conditionally approving, or denying the request for extension, the Commis-
sion shall make findings supporting its decision. The subdivider shall pay any
increase in unpaid applicable development fees which have occurred since the
date of the approval or conditional approval of the tentative map.
3. Conditions of Approval. In granting an extension, new conditions or exac-
tions may be imposed and existing conditions may be revised.
4. Time limit of Extensions. The time at which the tentative map expires may be
extended by the Commission for a period not exceeding a total of 3 years.
19.;G.180 MINOR AMENDMENTS
Minor amendments to the approved tentative map or conditions of approval may be
granted by the Department upon application by the subdivider or on the Department's
own initiative, provided:
1. No lots, units, or building sites are added;
2. Changes are consistent with the intent of the original tentative map approval;
and
3. There are no resulting violations of the Map Act, or this Development Code.
The amendment shall be indicated on the approved or conditionally approved tentative
map and certified by the Director. Amendments to the tentative map conditions of ap-
proval which, in the opinion of the Department, are not minor, shall be presented to the
Commission for its approval. Processing shall comply with the provisions for process-
ing a tentative map as contained in this Development Code. Any approved amend-
ment shall not alter the expiration date of the tentative map.
19.~.190 CITATION AND AUTHORITY - VESTING TENTATIVE MAP
This Chapter is adopted pursuant to Map Act Section 66498.1.
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19.ti.200 PURPOSE - VESTING TENTATIVE MAP
The purpose of this Chapter is to establish procedures necessary for the processing,
reviewing and approving a vesting tentative map application, and to supplement the
provisions of the Map Act and this Development Code. Except as otherwise contained
in this Chapter, the provisions of this Development Code shall apply to a vesting tenta-
tive map application.
~1.
19.~.210 APPLICATION - VESTING TENTATIVE MAP
1. Whenever a provision of the Map Act, as implemented and supplemented by
this Development Code requires the filing of a tentative map or tentative parcel
map, a vesting tentative map may be filed, pursuant to the provisions of this
Chapter.
2. H a subdivider does not seek the rights conferred by a vesting tentative map,
the filing of a vesting tentative map shall not be a prerequisite to an approval for
any proposed subdivision, permit for construction, or work preparatory to con-
struction.
~~
19.4f'l.220 FILING AND PROCESSING - VESTING TENTATIVE MAP
A prospective subdivider, or agent, may request a pre-application conference with the
Department prior to formal submittal of a subdivision application, pursuant to Section
\'1. .., \ .o~o 19J()(JOO<. During the conference, the Department representative(s) shall inform the
subdivider of applicable policies, plans, and requirements as they apply to the
proposed subdivision, review the appropriate procedures outlined in this Development
Code and ~1Iila'possible alternatives or modifications relating to the proposed sub-
d. .. ~>4'J(t,,,~
lVlSlon.
A vesting tentative map shall be filed in the same form and have the same contents, ac-
companying data and reports and shall be processed in the same manner as contained
in Section 19.~XXX vf this Development Code for a tentative map except as herein
after provided: .lob. 1)0'
1. At the time a vesting tentative map is filed it shall have printed conspicuously
on its face the words "Vesting Tentative Map."
2. An application for a vesting tentative map shall not be accepted for filing until
the subdivision has been determined by the Department to be consistent with the
General Plan, applicable specific plans and this Development Code.
3. All required discretionary City approvals, shall have been previously obtained
or applications for same shall be filed concurrently with the vesting tentative
map.
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e"UBDIVISION MAPS -19M
4. At the time a vesting tentative map is filed a subdivider shall supply the follow-
ing information satisfactory to the Director, in addition to those requirements
specified in Section 19.XX.XXX. .4'. 110 ~ I,. 'lo . 1,0 :
A. Completed application;
B. Fees;
C. Property owners list of addresses (within 500 feet radius of property
boundaries) printed on 2 sets of gummed labels;
D. Environmental information form;
E. Site plans, including the following items of information:
1. Project boundary and dimensions,
2. Dimensions relating center line, property line and curb,
3. Building dimensions,
4. Setback dimensions,
5. Building locations and size dimensions,
6. Street, driveway widths,
7. Bike paths, if required,
8. Mechanical equipment, location and dimensions,
9. 'Ii'ash storage design, location and dimensions,
10. Recreation area location and design,
11. Wall and fence location and design;
F. Floor plans, dimensions and scale;
G. Elevations.
1. Dimensions and scale,
2. Color and materials,
3. Roof pitch and type;
H. Landscape Plans.
1. Tree sizes, locations and species,
2. Shrub species, range of sizes, typical locations,
3. Groundcover (if not lawn, on-center dimension should be noted),
4. Curbing and planter areas,
5. Sidewalks,
6. Lighting;
I. One colored print of site plan, elevations and landscape plan, for
public presentation;
J. Colored rendering;
K. Vicinity map (3 1/2 inches by 3 1/2 inches);
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.DIVISION MAPS -19.<<
L.
M.
N.
o.
P.
Q.
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19.48.230
Phasing map, if applicable;
Preliminary grading plan;
. .0~ ""Ll-r--C~
Sample matenals board; ~ .....
Model, if required'~elopmen~ Review Committee;
Uses of proposed buildings; and
Soils report, geological and hydrology studies, as required by the City
Engineer.
EXPIRATION - VESTING TENTATIVE MAP
The approval or conditional approval of a vesting tentative map shall expire at the end
of the same time period, and shall be subject to the same extensions, established by this
Development Code for the expiration of an approved tentative map.
19.1i.240
1.
RIGHTS OF A VESTING TENTATIVE MAP
The approval or conditional approval of a vesting tentative map shall
confer a vested right to proceed with development in substantial compliance
with the ordinances, policies, and standards described in Map Act Section
66474.2.
2.
However, if Map Act Section 66474.2 is repealed, the approval or conditional
approval of a vesting tentative map shall confer a vested right to proceed with
development in substantial compliance with the ordinances, policies and stand-
ards in effect at the time the vesting tentative map is approved or conditionally
approved.
~". )..~(\)
Notwithstanding Section 19.XX.XXX.X above, a permit approval, extension
or entitlement may be made conditional or denied if any of the following find-
ings are determined:
3.
A. A failure to do so would place the residents of the subdivision or the
immediate community, or both, in a condition dangerous to their health
or safety, or both.
B. The condition or denial is required, in order to comply with state or
federal law.
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. SUBDIVISION MAPS -19./t'
4. The rights referred to herein shall expire if a final map is not approved prior ~. (,,{p. ;;.} 0 .
the expiration of the vesting tentative map as provided in Section 19.KXJCXX. H
the final map is approved, these rights shall last for the following periods of time:
A.
B.
c.
D.
l't . (pCp . .140 N)(~).
E.
19.4:.250
An initial time period of 1 year beyond the recording of the final map or
parcel map. Where several final maps are recorded on various phases of a
project covered by a single vesting tentative map, this initial time period
shall begin for each phase when the final map for that phase is recorded.
All final maps or parcel maps must be recorded within the time period
contained in Section 19.XX.XXX or the vesting tentative map approval
shall expire for those paf'ce1s for which final maps or parcel maps are not
timely recorded. L: ~ '" . I '" D
. "'''.1''''' (~
The initial time period contained in Section 19.XX.XXX.X(X) shall be
automatically extended by any time used for processing a complete ap-
plication for a grading permit or for design or architectural review, if the
processing exceeds 30 days, from the date a complete application is filed.
A subdivider may apply for a 1 year extension at any time before the
initial ime period outlined in Section 19.XX.^^^.;((X) expires.
. (pip. Ii-o (I)
H the subdivider submits a complete application for a building permit . f#'..,/oofoltf)~)
during the periods of time outlined in Sections 19J(..'(.)(Y.x X(X).throUgh
19.XXXv.x,Xoe the rights referred to herein shall continue until either ex-
piration or extension of that~t.
114>. d'fO
Consistent with Section 19.xx.XXX.X, an approved or conditionally
approved vesting tentative map shall not limit the City from imposing
reasonable conditions on subsequent required approvals or permits neces-
sary for the development.
AMENDMENTS - VESTING TENTATIVE MAP
Amendments to the approved or conditionally approved vesting tentative map shall be
made pursuant to Section 19.xx.XXX.
.1.". \~o.
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. SURFACE MINING ~D RECLAMATION -19.6/i
8'
CHAPTER 19.6Q
SURFACE MINING AND LAND RECLAMATION
'l
19.6,11.010 PURPOSE
The following provisions are intended to establish procedures implementing the Sur-
face Mining and Land Reclamation Act of 1975 (Public Resources Code Section 2710 ~
~.), 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.
'6
19.68".020 DEFINITIONS
1. All definitions contained in the Surface Mining and Reclamation Act of 1975
(Public Resources Code Section 2710 ~ ~.), are incorporated herein by reference.
2. Board. The State Mining and Geology Board, established pursuant to Public
Resources Code Section 660.
3. E~loration or Prospecting:. 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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SURFACE MINING ANrO RECLAMATION -19.61'
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. fllln. A document(s) delineating the proposed program for mining and reclaiming
operations of all lands to be affected by the proposed activities.
8. State Geologist. The individual holding office as provided in the California
Public Resources Code Section 677.
t
19.6~.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.
.,
19.6..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.
i
19.6'.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 require-
ments of this Chapter, and Chapter 19)'1((Conditional Use Permits).
i 3~
19.6~1.060 PREPARATION OF PLAN .
The plan shall be prepared by the applicant and filed with the Department for proces-
sing. 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) for the 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 for the initiation and termination of such operation;
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SURFACE MINING ~D RECLAMATION -19.61{
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.
')
19.60.070 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 proper-
ty as type of overburden, soil stability, topography, geology, climate, stream charac-
teristics, and principal mineral commodities.
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. SURFACE MINING ANrO RECLAMATION -19.6!i
'$
19.6".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~Applica- - 30-
tions and Fees). The purpose of the fees shall be to defray the costs to the City for
review of the submitted plan.
i
19.6~.090 PUBLIC HEARING
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Upon completion of the required environmental studies and the filing of all documents
required by this Development Code, a public hearing will be scheduled for Commission
consideration and recommendation regarding the Plan and the companion Conditional
_ ~ermit for the proposed or existing surface mining operation pursuant to Chapter
19.c (Hearings and Appeals).
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19.6..100 DECISION BY COMMISSION
The Commission shall make its recommendation and findings in writing to the Council
and shall transmit a copy thereof to the applicant and the Council.
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19.6)j.ll0 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.
"
19.6~.120 PERIODIC REVIEW
As a condition of approval for the Plan and the companion Conditional Use Permit, a
periodic review schedule shall be established and maintained to evaluate the com-
pliance with the approved plan.
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~RARY USE PERMITS -19~
CHAPTER 19.?6
TEMPORARY USE PERMITS
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19.~.010 PURPOSE
The Temporary Use Permit allows for short-term activities which may be appropriate
when regulated. .
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19.36.020 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 in conjunction with an approved
development project;
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 1st
through December 31st, subject to Chapter 5.04. of the Municipal Code;
6. 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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~RARY USE PERMITS -19035
9. Emergency public health and safety needs; and
10. 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.Je<.JeIH ^:,\ d P. -..JJ- J\
]0 . o~. 0;06) (S".;....~ -.- J...... ~).
19.;J6.030 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# (Hearings and
Appeals). ~o--
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19.36.040 FINDINGS
The Director may approve, or conditionally approve a Temporary Use Permit ap-
plication, only when all the findings contained in Section 19.-'lEl9E (Conditional Use
Permits) are made. . % .0'50
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19.:$6.050 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the Director may impose con-
ditions deemed necessary to ensure that the permit will be in accordance with the find-
ings required by Section 1~. .050. These conditions may involve any pertinent factors
affecting the operation of s ch temporary event, or use, and may include but are not
limited to: 3.'
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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~RARYUSE PERMITS 0191:
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.~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 Development Code.
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19.~.070 REVOCATION
A Temporary Use Permit may be revoked or modified by the Director if anyone of the
following findings can be made:
I
1. That circumstances have changed so that 8IW or more of the findings of fact
contained in Section 19.)6(.100( can no longer be made;
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2. That the Temporary Use Permit was obtained by misrepresentation or fraud;
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~RARY USE PERMITS -19M
3. That 1 or more of the conditions of the Temporary Use Permit have not been
met; and
4. That the use is in violation of any statute, ordinance, law, or regulation.
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VARIANCES -19.k
CHAPTER 19.p
VARIANCES
19}2.010 PURPOSE
These provisions shall ensure the following:
1. Variances from the terms of this Development Code shall be granted only
when, because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict application of this
Development 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
Development Code.
4. Modifications from the permissive requirements of the Design Guidelines are
not subject to a variance.
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19.42.020 APPLICATION
Application for a Variance shall be filed in a manner consistent with the requirements
contained in Chapter 19.~ (Applications and Fees).
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19.~2.030 APPLICABILITY
The Commission may grant a Variance from the requirements of this Development
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
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3. Permit the modification of the number and dimensions of parking area or
loading space requirements.
19~2.040 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.~ (Hearings and
Appeals). . 5;r
19)2.050 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 I or modify an ap-
plication in whole or in part, with or without conditions, ~ if ill 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
Development 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.
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19.~2.060 PRECEDENTS
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VARIANCES -191
The granting of a prior Variance is not admissible evidence for the granting of a new
Variance.
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19.~2.070 BURDEN OF PROOF
The burden of proof to establish the evidence in support of the findings, as required by
Section 19.1et.le6(, is the responsibility of the applicant.
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19.~2.080 VARIANCE EXPIRATION
A Variance shall be exercised within 1 year from the date of approval, or the Variance
shall become null and void.
19~2.090 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 12 months. Upon granting of an ex-
tension, the Commission shall ensure that the Variance complies with all current
Development Code provisions.
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19.~2.100 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.)9(.~ (Effective Date).
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19.~2.110 REVOCATION
The Commission may hold a public hearing to revoke or modify a Variance granted
pursuant to the provisions of this Chapter. Ten 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/or the project applicant.
\
A Variance may be revoked or modified by the Commission if any _ of the following
findings can be made:
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That circums=~have changed so that 1 or more of the findings contained
in Section 19.. can no longer be made, and the grantee has not substantially
exercised the rights granted by the Variance;
1.
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VARIANCES -19.(2
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;
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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EXHIBIT 2
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ORDINANCE NO.
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URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
REPEALING CHAPTERS 15.32, 15.52, 15.56, 15.72, 17.04, TITLE 18
AND TITLE 19, READOPTING TITLE 19 AS THE DEVELOPMENT CODE, AND
AMENDING SECTIONS 15.20.030 AND 15.20.040 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING LAND USE AND THE SUBDIVISION
REGULATIONS TO IMPLEMENT THE CITY OF SAN BERNARDINO'S GENERAL
PLAN; REORGANIZATION AND UPDATES INCLUDING NEW LAND USE
CLASSIFICATIONS, NEW LAND USE AND OVERLAY DISTRICTS, REVISED
LAND USE APPLICATION PROCEDURES, REVISION OF SIGN REGULATIONS;
REPEALING ALL PREVIOUS LAND USE ZONING DISTRICT MAPS; AND
ADOPTING THE OFFICIAL LAND USE MAP.
The Mayor and Common Council of the city of San
Bernardino do ordain as follows:
SECTION 1.
The Mayor and Common Council find and
declare:
A. The city of San Bernardino General Plan adopted by
resolution by the Mayor and Common Council on June 2, 1989
establishes a new framework of land use policies and a new
official land use plan with revised land use and overlay
district designations for all incorporated property in the City
of San Bernardino.
B. The new policy framework established by the City of
San Bernardino General Plan is not compatible with the land use
regulation system established by Title 19 of the San Bernardino
Municipal Code prior to the adoption of the interim urgency
zoning ordinance.
C. The regulation system needs to be compatible and
properly implement the policies established by the General Plan
so that the citizens of the City of San Bernardino may be
allowed to propose and respond to any land development projects
in an understandable and timely manner, that is both responsive
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to community desires and allows applicants proper due process
in review procedures.
SECTION 2. Chapters 15.32, 15.52, 15.56, 15.72, 17.04,
Title 18 and Title 19, of the San Bernardino Municipal Code,
and any amendments thereto prior to the adoption of this
ordinance, are hereby repealed.
SECTION 3. Title 19 of the San Bernardino Municipal
Code is added to read as shown in Exhibit "A."
SECTION 4. All existing zoning land use district maps
are hereby repealed. The city of San Bernardino Land Use Planl
Land Use Zoning Districts Map is adopted as part of Title 19.
Said map is on file with the City Clerk and is available from
the Department of Planning and Building Services.
SECTION 5. section 15.20.030 is hereby amended to read:
"15.20.030 certificate of occupancy Required.
A. Buildings, Structures and Vacant Property. No
vacant, relocated, altered, replaced, or hereafter erected
structure shall be occupied, or no change in use of land or
structure(s) shall be inaugurated, or no new business commenced
until a Certificate of occupancy has been issued by the
Department of Planning and Building Services.
B. Valid certificate. A certificate of occupancy or
temporary certificate of Occupancy shall not be deemed to be
valid if it has expired, been denied, withheld, revoked, failed
to pass a fire inspection, or a new certificate of Occupancy
was required but had not been obtained.
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C. posting Certificate. The owner of the business
building or structure shall display this certificate in a
conspicuous place. In addition, the owner of a building or
structure shall provide a copy of the certificate to all
lessees, renters and purchasers of the property."
SECTION 6. section 15.20.040 is hereby amended to read:
"15.20.040 Conditions Requiring Application.
A new Certificate of occupancy shall be required whenever:
1. Construction of the building or structures is completed.
2. A building or structure has been vacant for more than 180
days.
3. A building or structure has had alterations requiring
permits.
4. A building or structure changes its existing zoning or
building occupancy classification, or division within the same
building occupancy classification.
5. Vacant property is being used or occupied."
SECTION 7. This is an urgency ordinance that will take
effect on June 3, 1991 and pursuant to Government Code section
65858 will be effective only until June 6, 1991, and thereafter
will be of no further force and effect. The reason for the
urgency is that the new Development Code has been completed and
has been SUbjected to numerous public hearings and public
review thereby exceeding the effective date of such Development
Code to a date after the expiration of the interim zoning,
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leaving the applicable zoning for the interim period in
question. This urgency ordinance is necessary to protect the
public health, safety and welfare of the residents of the City
of San Bernardino.
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ORDINANCE.~PEALING CHAPTERS
17.04, TIT~~8 AND 19,...AND
ZONING MAP
15.3.A15.52, 15.56, 15.72,
ADOPT~THE OFFICIAL LAND USE
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of
, 1991, by the
following vote, to wit:
Council Members
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYES
ABSTAIN
city Clerk
The foregoing ordinance is hereby approved this
day of , 1991.
Approved as to form
and legal content:
JAMES F. PENMAN
c~
By:
w. R. Holcomb, Mayor
city of San Bernardino
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING DESIGN GUIDELINES
FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENT: FOR
REHABILITATION AND INFILL DEVELOPMENT IN THE MAINSTREET OVERLAY
DISTRICT: FOR SIGN DESIGN: AND, FOR LANDSCAPE DESIGN AS PART OF
THE DEVELOPMENT CODE.
WHEREAS, the city of San Bernardino, California has
adopted a General Plan by resolution on June 2, 1989 that
established a new framework of land use policies and a new
8 official land use plan for all incorporated property in the
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city of San Bernardino: and,
WHEREAS, the General Plan requires the establishment of
design standards in the Development Code of the City.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO,
CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Design Guidelines of the San Bernardino
Development Code are adopted to read as shown in Exhibit "A."
SECTION 2. This Resolution shall take effect on June 3,
1991.
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RESOLUTION.~STABLISHING DESIGN GUID~ES FOR RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL DEVELOPMENT...FOR LANDSCAPE DESIGN AS
PART OF THE DEVELOPMENT CODE
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
meeting thereof, held on the
day of
, 1991, by the
following vote to wit:
COUNCIL MEMBERS
~
NAYES
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
CITY CLERK
The foregoing ordinance is hereby approved this ____ day
of , 1991.
W. R. Holcomb, Mayor
city of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorn
BY:
2
Ap- ~ ~ jJJ t'. RESIDE~ESIGN GlUDELINES _ GI9.04
"" V\:'fti9.04.J, RESIDENTIAL DEVELOPMENT DESIGN GlllDELINES
~~. 1. P~SE
r The folli1wing iUsign guidelines art intended as a lej'e,'t;,ICe to assist the designer in under-
standing the City's goals and objectifJeS for high quality residential development. The
guidelines complement the m/lndatory site development regulations contained in this
chapter by pruuiding good exmnples of potential design solutions and by prOTJiding design
interpretations of the various m/lndatory regulations.
~
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The design guidelines are general and mIlY be interpreted with some flexibility in their ap-
plication 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
pruuiding the flexibility necessary to encourage creativity on the part of project iUsigners.
The design guidelines art form/ltted into two general categories; 1) sin~ily residen-
tial and 2) multi-famIly residential. Each category is further divided into architectural
guidelines and site planning guidelines.
11I.5ert Ili;hff' Jvere..,
APPUCABl
2.
The pruoisions of this section shall apply to all residential development within the City i!:r-
cept for the CR-2 District (downtown) where /arge scale, mid to high rise residential "
structures mIlY be located-)( Any addition, remodeling, relocation or construction requir-
ing a building permit subject to review by the Deuelopment Review Committee shall ad-
here to these guidelines where applicable.
3. S1NG~ILY SITE PLANNING
An important goal of the sin~ily site planning guidelines is to create functional and
visual 'OaTiety along local s~it is the intent of these guidelines to discourage sub-
divisions where identical homes march down long, uninterrupted straight streets, with no .
INITiation in building placement or the street scene.
All sin~uy subdivision plans that apply for alternatit1t lot sizes will be evaluated
using lI2jUidelines contained in this section with emphasis on the following criteria:
A. Proportional mix and placement of lots
B. Preserving of m/lture trees and natural fr/ltures
C. Placement of dwelling unit on lot
D. Preserving of views
E. Provision of amenities (subdivision entrance trttltment, landscaping, open space,
etc.)
F. 'D'eatment of drainage courses
G. 1Teatment of walls and fences
H. Other unique amenities
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Unless there is a compelling reason. these design guidelines shall
be followed. If a guideline is waived by the Development Review
Committee, the Mayor and Common Council shall be notified. An
appeal. which does not require a fee. may be filed by the Mavor or
any Council person within 15 days of the waiver approval.
.
RESLDE~ESIGN GUIDELINES - GI9.04
A. VARIED FRONT SETBACKS
PliIament of homes and garages close to or back from the street creates different
'fItI#ems of f1isible open spm:e. The structures themsel'Ot!S, when close to the street,
IIlBo wid dif1erSity to the mew.
B. INTERRUP110N OF STRAIGHT STREETS
On straight roads, knuckles ~ can be introduced to limit the length ~ ~ '-.
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 prirxzte patio areas.
Varied Front Setbacks
IiCJ
Slaggetlng of ../backs 10 each entry
c,_e. variety and identity.
Interruption of Straight Streets
Varied Side Yard Setbacks
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D. AITACHED DWELLINGS
RESIDE~ DESIGN GUIDELINES - G19.04
AttacMd dweUings can look like two ur more sqxzrrzte structures, ur can look like
one Uzrge home, depending on how they are treated. Attached dweUings can yield
ltIrger open IlTetlS between structures.
E. LOT ORIENTATION
On curoes ur at curners, lots can often be uriented in a different direction than ~
those at mid-block. In these CI1StS some lots can be non-rectangular and angled on '.
the street.
Structures s1wuld be oriented so that a mIljurity of primary living spaces rtt:eive
direct sunlight for the daylight hours. In new projtt:ts, structures s1wuld be posi_
tioned to minimize the impact of shadows on adjacent properties and within the
projtt:t.
E VARIED LOT WlDlHS
MJlJcing some lots wider, and some narrower, than the auerage can prr1DiJJe dif- .
ferent amounts of open area between structures. It also allows plllcement of d~
ferent s1ulpes and sizes of homes. On narrow lots, a Mriation of only er.e ur /8{
feet can make a perceptible difference. 3 "'f
Affach<<l and Detached HouSing
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Varied Lot Widths
Lot Orientation
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. RESlD,DESIGN GWDELlNES - GI9./U
G. VARIED GARAGE PLACEMENT AND ORIENTATION
When lot size permits, garages am be on the front side of the house and can be
entered from the front or side. They can also 'DIlr!J in size. Garages can be
ddIIched and connected to the home by breezeways.
H. ZERO LOT LINE HOMES
Zero lot line homes (flush to the side lot line), as allowed in Planned Residential ~
Deoelopment, lend themselves well to cretZtion of courts and patios that a tradi- '.
tional center plot may preoent. The two yield different street scenes.
I. C@CTREATMENTS
C~ 0- are preferable in general. Howeoer, for longer cul-de-sacs, open_
ings ~ prot'ided at the ends for pedestrians.
,. STRAIGHT AND CURVED STREETS
While straight streets are the most efficient, occasional curoes am pruuide chang-
ing street scenes. CUTl7es that seem very slight in a bird'~e uiew are readily ~~
ceived by the driver and interrupt the line of sight. .~
Varied Garage Placement and Orientation
Zero Lof Une
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K. WALLS
L.
FINAL DRAfT
Walls and fen€es are an integral part of the streetsazpe.
1. Walls slwuld be of plaster or smooth stucco finish or other ilf'yrvued masonry.
They should be designed in a style, materiJlls and color to complement the
dwelling units to which they are attached.
2. Other materillls may include wrought iron, tile insets or grillwork. ~ '.
The recommended choice for wrought iron is 1 inch pickets, at a maximum
of 6 inch on center. _
::3. f;tttJ... ~;Jes of a.J1 fen....eber /J,",/ls "r ~rl.~~ do...ldh~
GARAGES e<.r,;;..j/;;t!.t:.tKrA-II'1 trc.<<Lftt(.
1. Garage door setbacks should allow dri'DeWflY parking that keeps
the sidewalk clear of vehicles.
2. Garages should have a single story 11UlSS at the front of the structures
to provide an architectural transition in IMI story tnllSSing.
'^
3. Angled garages are encouraged to ltreaJc up the monotony of all
garage doors being parallel to the street.
~8
-----. I
0-2,4ft. DtI~way
Cars will park in too sholf of
a driveway creating a traffic
hazard. pedestrian traffic
is forced out into road.
2,4ft. DtI~way
Adequate space for off.
street parking - pedestrian
lane not severely obstructed.
Goroge has single story mass.
Upper pot/ion of s/ructure is set bock.
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M. INFILL IN EXISTING NEIGHBORHOODS
10 the extent possible, new sin~ily deoelcpment in existing neighborhoods
should be integrated with the ~; units in the adjacent area.
1. Site setbacks of residentiJJl projects should be either:
a.
Equal to the average setback of all residences on both sides of
public streets within 100 feet of the pi uper ty lines of the new
project, or;
.2-
Equal to the average of the-a. immediately adjacent residences.
;).,
In cases where averaging between ... adjacent existing residences is
chosen, the new residence ""'Y be averaged in a stepping pattern between
the setbacks of adjacent residences, or the new residence's entire frontage
""'Y be built on the average setback line.
b.
"-..-..
00 J!]O
O IIi! 0
:.~-"-,-.,,,.:::..
:..'....'.,./..
,?-?:..::::\:
D~,....'......'.t.."',','"..",,'....'."..,,'..O
-;:~r:;;;:::::;,
;'-:':-';:;::-:,';!
OD!t 0
step".d ../backs 10 match
adjacent residences.
Average of setbacks on both
sides of sfreet.
Average of ../backs of
adjacent residences.
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RESIDE~ESIGN GlIIDELlNES - G19.04
2. New development in existing neighborhoods should incorporate
distinctive architectural clutracteristics of surrounding development, for
example: window and door detailing, decoration, materials, roof style and
pitch, finishBl-floor height, porches, bay windows, and the like.
floof Vent
Brackets
GabW End
Porch
Roof v.nt
Goble End
ryplcol_."
PoIch
Roof_'
_rroltJ
PoIch
3._New development should continue the functional, on-site relation-
ships of the surrounding neighborhood. For example, in many older neigh-
borhoods common patterns that should be continued are entries facing the
street, front porches, and parking at the re4T.
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 terrain. Significant natural
vegetation should be retained and incorporated into the project whenever possible.
Contact the City's Parks, Recretltion and Community Services Department
regarding requirements for a certified arborist report concerning existing vegeta-
tion. .
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SING~1LY ARCHITECTURE
There is no ptIrlicuUzr architectural "style" required for residentiJll structures but the
focus should be on the development of a higJr. qUJ1.li~ residentiJll enmronment. In general,
the archit<<ture should consider compatibility with surrounding character, including har-
monious building style, form, size, calm, mIlterilll, and~ li1l9 Individual dwelling
units should be distinguishable from one another. 0
Olt.e ...,cr......
A. FACADE AND ROOF ARTICULATION
RESlDEmyESIGN GlIIDELINES - GI9.Of
4.
The articulation of facades and the mIlSSing of structures gfoe them richness and
scale. Lon; uninterrupted exterior walls should be Il'DOidtd on all structures. All
structuTe/ walls should have "relief' to CTetlte an interesting blend with Ia~
ing, structures, and the casting of shadows. The integration of t7aried 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 in-
ches and/or the use of traditional roof forms such as gables, hips, and dormers.
Flat roofs and A-frame type roofs are discouraged unless .."",0'" iJlte to the ar- !
chitectural style.
UnClelirable ArchHectural
Treatment Velfical Articulation AClCled
Mum Planed
Roof, and Awnings
ACId Delirable Articulation
HOf/Zontal Articulation AClded
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RESlDE~ESIGN GlDDELINES - GI9.04
B. VARIED STRUCTURE DESIGN
c.
Design of structures should be varied in tract developments to create variety
tDUl interest. A signifialnt difference in the massing and composition (not just
finish-mAteriJlJs) of each adjacent house should be accomplished. One design
should not be repeated more frequently than each fourth house.
AITACHED DWELLINGS
1. Sin@ZilY attached dwellings 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
traditional rowhouses.
~
"
o
2. Walls or other features should be used to lengthen the horizontal
elements of elemtions and reduce the TJisual impact of garage
doors.
3. Driveways should be grouped with a separating planting strip to
pruuide maximum effective turf areas.
4. Garages should ha1Je a single-story appearance at the front of the building
to allow a stepped-back architectural transition for 2 story structures.
Garages must be set back from the street sufficiently to allow driveway
parking without overhanging the sidewalk.
D. SCALE
Form and, scale should relate to the use of the structure as a sin /:) ily
residence. Also, the scale of structures $hould be within a humA~ S() as not
to overwhelm or dominate its surroundings.
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E. MATERIALS
RES1DE~ESIGN GlDDELINES - G19./U
The choice and mix of materillls on the faa1des of structures and garage doors is
itnpOt lant in providing an attractive living environment. Materials should be
consistently applied and should be chosen to work 1umnoniously with adjacent
materiIlls. Piecemml embellishment and frequent changes in materials should be
1l'DOided. If/I ~r"-vfure eAe-.a-0t7rM 'Uu:K.id bt- ....d.,t:ec-lu.r.d[1
hvded- .
Materillls tend to appetn' substantial and integral when material changes occur at
changes in pume. Material or color changes at the outside corners of structures
give an impression of thinness and artificiality which should be avoided. Material
changes not accompanied by changes in plane also frequently give material an in-
substantial or applied quality.
Materillls to be avoided include; metal or aluminum siding and roofs, reflective
materials and finishes, and unfinished concrete block.
Change in plane with
change in material
Recommended
..
Material or color change Change of moterlots on some
at outside comer plane Not Recommended
Not recommended
E VENTS AND DOWNSPOlITS
Roof flashing, rain gutters, and downspouts, vents, and other roof protrusions
should be finished to match the adjocent materillls and/or colors.
G. EQlHPMENT SCREENING
FINAL DRAFT
Any equipment, whether on the roof, side of structure, or grountI, 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.
.
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RESlDEm-wESIGN GlllDELlNES - G19.04
H. ANCILLARY STRUCTURES
The design of ancillmy structures (guesthouses, cabanDs, barns, storage sheds,
etc.) should be architecturally compatible with the 11IIlin structure through the use
of TJXlJlsjroofs/trellises, fencefwall connections, and/or landscaping.
I. GARAGE DOORS
Garage doors should appear to be set into the walls rather than flush with the ex- -
terior wall. Garage door design should be kept simple, clean, and unadorned.
They are a 11IIljor trisual element of a home.
Plywood is acceptable when 3 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 ar-
chitectural style selected.
~m
.--.
lrA~rnMJ
DO m [ZZlJ 0:0
Garage door wood ttim
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RESIDE' DESIGN GUIDELINES - G19.04
5. Mln.TI-FAMILY SITE PLANNING
Multi-fmnily and cluster housing bealuse of their higher densities, tend to generate large
parking tmQS and a decrease in private open space. If not properly designed, parking
facilities am dominate the site and open spaces may be relegated to left over areas, not re-
lated to the structures or the people who live there. Residential developments surrounded
by high walls, parking lots, and rows of carports along public streets are examples of prac-
tices to be 1fDOided. Perimeter parking drives are discouraged because parking areas pr0-
vide a poor image of a project and often function as barriers between the project and the
surrounding community. The guidelines that follow are intended to help mitigate the ef-
fects of these situations and to pruuide a pleasant residential enuironment within the con-
text of higher density development.
A. BWLDING ARTICULATION
~
'.
Long, unbroken facades and box-like forms should be avoided. Building facades
should be broken up to give the appearance of a collection of smaller structures. 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 ar-
ticulate individual dwelling units or collections of units, and by the pattern and
rhythm of windows and doors.
B. CLUSTERING OF UNITS
Clustering of multi-family units should be a consistent site planning element.
Structures composed of a series of simple yet varied ~ assure compatibility
and variety in overall building form. pia.,.,e. <;
Articulated facade gives appearance of a collection of smaller structures
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RESLDEmwESIGN GUIDELINES - GI9.04
The following design techniques should be considered and implemented whenever
possible:
1.
2.
3.
4.
5.
Varying front setbacks within same structure.
. StiJggered and jogged unit pla~ I
~~~~~~~Mro~~~ ~
Maximum ~ 2 adjacent units with identical wall and ~.
Variety ~ orientiJtions to avoid the monotony ~ garage door
corridors.
1-
;,.J<l'
~
C. PROJECT ENTRIES
Project entry aretlS prouide the resident and uisitor with an uverview to the
project. They should provide an open window with landscaping, recreational
facilities, and project directories. SpeciJl1 attention should be given to hardscape
and landscape. treatments to enhance the uverall project image.
D. ENTRY DRIVES
The principal vehicular access inro a multi-family housing project should be
through an entry drive rather than a parking drive. Colored, textured paving
treatment at entry drives is encouraged, however, stlJmped concrete is not per-
mitted within public street right-of-ways.
E. ON-SITE PARKING AND DRIVES
1. In higher-density projects, there are 3 means ~ accommodating
parking: parking dri'De5, parking courts, and garages within residenti4l
buildings. Projects with either long, monotonous parking dri'De5 or large,
undivided parking lots are not desired. When cost consideratiOM preclude
parking within residenti4l structures, dispersed parking courts are the
desired alternative.
2. Parking dri'De5, when located on the periphery ~ a project, isolate
the d/!TJelopment from its surroundings. Unless the new and existing ad-
jacent uses are considered incompatible, the extent ~ perimeter parking
dri'De5 should be minimized.
3. Parking aretlS should be visible from the residenti4l units which
use them.
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RESLDEmwESIGN GlUDELINES - G19.04
F. PARKING COURTS
1. A parking court of any length should not consist of more than 2
double-loaded parking aisles (bays) 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 dwelling units
or by a landscaped buffer not less than 30 feet wide.
G. PARKING DRIVES
1. There should be no more than an average of 10 sptUe5 of uninter-
rupted parking, whether in garages, carports, or open parking areas.
2. Each average of 10 sptUe5 of parking should be separated from
additional sptUes by a landscaped bulb not less than 12 feet wide. Architec-
tural elements, such as trellises, porches, or stairways, may extend into
these landscaped bulbs.
3D'MIN.
H
Maximum of 2 aisles In parlclng coUlt. Average of 14 spoces per patlclng coUlt bay.
~
MIN.
Use 12' wide landscape bulb"
patlclng bays average 10 spaces.
-U-
MIN.
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RESIDE~ESIGN GWDELINES - G19.04
H. GARAGES
1. IndividUllI parking garages within residential structures 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.
~
I. CARPORTS
Where carports are utilized, they must folluw the same criteria for spatial arrange-
ment as parking courts (#F above). Carports mIIY be incorporated with patio
walls or used to define public and private open space, but incorporating carports
into exterior project walls adjacent to streets is strongly discouraged. The ends of
each cluster of carports should be landscaped.
,. PEDESTRIAN ACCESS FROM PARKING
Landscape bulbs should, wherever possible, align with major building entrances to
provide pedestrian access to the building entrance frrnn a parking court or drive.
Bulbs that align with entrances should be at least 2 car spaces wide and should in-
clude a patFrway as well as a vertical landscape or architectural element, for ex-
ample, a trellis or a tree.
Unk parking areas to major building
entrance. when possible using
textured paving and lrelli.e..
1~liI
,,:f:!"W*
!
::,I?<<l%
-Wi.
I
................
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RESlDE~ESIGN GUIDELINES - G19.04
K. OPEN SPACE
lUsidents of housing projects should hmJe safe and efficient aJ:cess to useable open
space, whether public or private, for recreation and social aJ:timties. The design
and orientation of these areas should ta1ce advantage of avail4ble sunlight and
should be sheltered from the noise and traffic of adjaJ:ent streets or other incom-
patible uses.
Required common open spaces should be conveniently located for the I1I/ljority of
units. Private open spaces should be contiguous to the units they seroe and
screened from public mew. Projects should luwe secure open spaces and children's
play areas that are visible from the units.
II IJ
Orient project entry toward
open space/recreation area.
Open parking and carports should
be clustered into parking courts.
L. PLANTED.AREAS
All areas not covered by structures drives, parking or hardscape should be ap-
propriately landscaped.
umdscaping is used to frame, soften, and embellish the quality of enmronment, to
buffer units from noise or undesirable views, to break up large expanses of park-
ing, and to separate frontage roads within a project from public streets. To aJ:-
complish these design objectives, landscape elements need vertical dimension.
'ITees and tall shrubs are needed in addition to grass and groundcover. Trees can
also be used to provide shading and climatic cooling of nearby units.
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RESIDE~E:SIGN GWDELlNES - G19.04
M. REFUSE STORAGEIDISPOSAL
1TtIsh bins must be fully endJJStd in accordance with City of San Bernardino
Public Worls Department Standards. Said enclosures should be softened with
lImdscaping on their most visible sides whenever possible. Recommended loca-
tions include inside parking courts or at the end of parking bays. Locations
should be conveniently accessible for trash collection and maintenance and should
not block access drives during leading operations. .
'.
Solid doors
Trash enclosure at
end of parking row
N. SUPPORT FACIU71ES
Any support structures within multi-family residentiJU projects such as laundry
facilities, recreJZtion buildings and sa1es/leJlse offices should be consistent in ar-
chitectural design and form with the rest of the complex. Temporary sales offices
should also be compatible with these guidelines.
O. MAILBOXES
Where common mailbox serDiceS are prOTlided, they should be located close to the
project entry, neJZr recreJZtional facilities. The architectural character should be
similar in form, materials, and colors to the surrounding buildings. Mtlilbox loca-
tions must be "f'f',<1r1ed by the U.S. Postal Seruice.
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P. SITE GRADING
Site grading should recognize existing drainage patterns, and landforms while
prwiding appropriate transition of architectural elements to grade. Site grading
should also prwide for an uninterrupted flow of T7ehicular and pedestrian traffic
through the development. The plan should direct and prwide adequate flow of
surface run-off to catch basins while gracefuUy 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 mJlY drain to a single con-
crete swale at the edge of the aisle.
Q. SECURITY
Multi-family projects should be designed to prwide the maximum amount of
security for residents and visitors. Parking areas should be weU lit and located so
as to be visible from residential units. Landscaping should be planned and numr-
tained to provide views into open space areas.
6. MULTI-FAMILY ARCHITECTURE
There is no particular architecture "style" proposed for multi-family residential struc-
tures. The primary focus should be on constructing a high quality residential environ-
ment. The criteria presented here stri'DeS for this "quality" through descriptions and ex-
amples of r1Pfllopl iate building materials and . ral expression. In general, the
design of multi-family developments shou <iftJ.~ c tibility with the surrounding
neighborhood. Often, such projects are d ~ jacent to single family neighbor-
hoods and measures should be taken to i ure he height and bulk of higher density
projects do not impact these /ower density residential areas.
Many of the same architectural principles and techniques discussed under the single fami-
ly category of these guidelines are also applicable to multi-family projlt;fs and these
should be reviewed by the designer in conjunction with the foUowiV
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RESIDE~ESIGN GUIDELINES - GI9./H
A. FACADE AND ROOF ARTICULATION
Separations, changes in p/Jme and height, and the inclusion of elements such as
brzkonies, porches, arcades, dormers, and cross gables mitigate the barracks-like
qruUity of fl4t walls and roofs of excessive length. S<<aru:Jary hipped ur gabled
roofs covering the entire mass of a building are preferable to mansard roofs ur seg-
ments of pitched roof applied at the structure's edge. Extremely long structur~, if
they are appropriately articulated, may be acceptable; however, structures (includ- ~
ing garages and carports) exceeding 150 feet in length are generaUy discouraged.
Structures containing 3 ur mare attached dwellings in a row should incorporate at
least one of the follouJing:
1.
Fur each dwelling unit, at least 1 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
structures, at least 1/2 the height of a IwtJ-story building, and 2/3 the
height of a 3 story building. d-.
A change in wall plane of at least 3 feet,/or at least 12 feet,frJr each .
., units should be provided. f f
d--. III ~ '^- \~t<-
2.
Good example of change In roof
planes and wall alticulatlon
Unalticulated buildings are undesireable.
DCl
ClCl
11111'1Illi'~;!:::fr:::!:::::::::?';',rf'?"""""'"",;m,
qqqqqq...j,'12'MIN. ~
Slaggered units permitted
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RESlDE~ESIGN GWDELINES - GI9.04
B. SCALE
Because multi-ftnnily projects are usually taller than 1 story, their bulk can im-
pose on surrounding uses. The scale of such projects should be considered within
the context of their surroundings. Structures with greater height may require ad-
ditional setbacks so as not to dominate the character of the neighborhood.
l.JZrge projects should be broken up into groups of structures. The use of single .
"mega-structures" is to be avoided.
~
C. MATERIALS
Materials selected for multi-ftnnily projects should be very durable and require
luw maintenance. Piecemeal embellishment and frequent changes in materials
should be avoided.
D. BALCONIES, PORCHES, AND PATIOS
The incorporation of balconies, porches, and patios within multi-family struc-
tures, is encouraged for both practical and aesthetic NIue. These elements should
be integrated to break up large wall masses, offset floor setbacks, and add human
scale to structures.
Common exterior balconies and corridors that prouide access to units should not
require circulation past adjacent unit windows and entries.
Low roof planes
~~*;:i:~;:::::;::~;:::
::;~:::::::::::::~:~~:~
Balconies and pallos
Clustered access
Low privacy walls
Arliculate wall planes
E. DWELLING UNIT ACCESS
The use of long, monotonous access balconies'and corridors which provide access
to 5 or more units should be avoided. Instead, access points to units should be
clustered in groups of 4 or less. To the extent possible, the entrances to individual
units should be plainly visible from nearby parking areas. The use of distinctive
architectural elements and materials to denote prominent entrances is encouraged.
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RESIDE1DESIGN GWDELINES - GI9.Of
F. EXTERIOR STAIRS
Simple, clelln, bold projections of stairways are encouraged to complement the ar-
chitectural massing and form of the multi-family structure. Stairways should be
of smooth stucco, plaster or wood, with accent trim of complementary colors.
Thin-looking, open metal, prefabricated stairs are discouraged.
CARPORTS, GARAGES AND ACCESSORY STRUCTIlRES
G.
~
,
Carports, detached garages, and accessory structures should be designed as an in-
tegral part of the architecture of projects. They should be similar in materials,
color, and detail to the principal structures of a development. Carports may util-
ize flat roofs but should not project above any exterior walls adjacent to streets.
Prefabricated metal carports should not be used.
Where garages are utilized, doors should appear set into walls rather than flush
with the exterior wall. Their design should be simple and unadorned.
H. GUTTERS AND DOWNSPOUTS
Gutters and downspouts should be concealed unless designed as a continuous ar-
chitectural feature. Exposed gutters used as architectural features should be
colored to match fascia or waU material. Exposed downspouts should be colored to
match the surface to which they are attached unless copper is used.
Roof vents should be colored to match roofing materials or the dominant trim
color of the structure.
I. SOLAR PANELS
Solar panels should be integrated into the roof design, flush with the roof slope.
Frames should be colored to match roof colors. Natural aluminum finish is strong-
ly discouraged. Any mechanical equipment should be enclosed and completely
screened from view.
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RESlDE~ESIGN GUIDELINES - G19./H
,. MECHANICAL AND lITILITY EQUIPMENT
All mec1umical equipment whether mounted on the roof or ground must be
screened from view. Utility meters and equipment must be plai:ed 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 architecture and color of the ad-
jacent structures.
~
UWIty meters and other outdoor equipment
must be sultaDly screened (rom view.
Screening devices should be compatlDle
with adjacent structures.
K. ANTENNAS
All antennas should be plai:ed in attics or building interiors. It is recommended
that all new units be pre-wired to accommodate cable reception. Satellite dish an-
tennas are specifically prohibited on ~ and should be considered early in the
design process in terms of location and any required screening.
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RESIDENTIAL DE& GUIDELINES - Gl9.04
7. MITT.n-FAMILY IN-FILL IN SINGLE FAMlLYNEIGHBORHOOD
Efforts shoulll be mIIIle to integrate new multi-family projects into existing neighborhoods
so that they are compatible with adjacent structures and fit within the context of the exist-
ing neighborhood.
A. FRONT YARD SETBACKS
Front yard setbacks for new multi-family projects shoulIl be equal to or greater
than the lWerage setbacks for the 2 adjacent properties. If'" or both of the ad-
jacent properties are vacant then the average shall be calcu~ted on the next ad-
jacent occupied properly.
I
B. ARCHITECTURAL COMPATIBIUTY
New multi-family development in existing neighborhoods should incorporate ar-
chitectural characteristics and maintain the scale of existing structures on the
property and surrounding development, for example; winduw and door detailing,
faaule decoration, materials, color, roof style and pitch, porches, and the like.
C. SITE DESIGN
New multi-family developments should be designed to continue the on-site
relationships of the original structure(s) and surrounding neighborhood. Site ac-
cess should be taken from the adjacent alley whenever possible.
RESIDENTIAL SIDE ELEVATION
New Multi Family addition
StrHt
~.
---
New Garages
Original single story SFD
Appropriate transition trom , story to 2 story MFD
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. RESIDENTIAL DEVELOPMEmeIGN GUIDELINES - G19.04
EXISTING SFD ELEVATIONS
INAPPROPRIATE INFIU STRUCTURE
Multi-Family structure/addition does
not conlorm to adjacent SF lorms.
APPROPRIATE INFtU OF MULTI-FAMILY
Articulation and lorm is compatible with
existing structure and adjacent SF units.
D-S6
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. RESIDENI'IAL DEVELOPME4SIGN GUIDELINES - GI9.04
00- DO- o'~ UJ
'G '0' a' flTD'O '0 '0 i
~..~..~..~..=-1
TYPICAL EXISTING SFD
. .
l'Irrr::r):~ :l!~l~ fl#.!!!lli!f 1""'"
.....
~~~~m~~tH~ .........................~~.. r
::j:r~:~:~:::t ; :::;:~:::~::::. : :;:J1!1!t@@~j .
.:.:.:.:.:.:~.:.:.
~~Illlll~~iilf: I lW
. :
U
.:.:.:.:.:.:.x~.:.:
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UNACCEPTABLE INFIU OF MF
Unacceptable Intlll of Multi-family structures does not
conform to articulation and scale of adjacent single family
structures. .
'11
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ACCEPTABLE INFIU OF MF
Appropriate intlll of Mum-Family units transitions and
conforms to architectural articulation of adjacent single
family structures.
FINALDRAFI'
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8. PRIVATE TENNIS COURT DESIGN iTlU iii ....D3 ~/.4< .-J,~ - ~~
Private tennis courts are subject to Development Permit review and should be
constructed in the following manner:
Tennis courts should not encroach into the front and side setback or within 10
feet of rear property line. I
There should be no more than _ 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.
Private tennis courts should not be used for commercial purposes, and
shall be used only by the residents and their invited guests.
All tennis court fencing should not exceed 10 feet in height as measured
from the court surface, and shall be screened from public view.
All tennis courts should be recessed 4 feet and shall be further screened
with a combination of walls, berms or landscaping.
A plan for overhead court lighting shall be subject to Development Permit
review.
Light standards should not exceed the following heights as measured frbm
the court surface: .r
4
Eighteen feet with.-r poles on each side.
Twenty feet with ta.e poles on each side.
.3
All illumination fixtures shall be energy efficient and directed inward and
away from adjoining properties and public rights-of-way.
Hours of lighting operation should be determined during permit review;
in no instance should lighting be used after 11:00 P.M.
~~;:;;r~
All uses shall be subject to the applicable regulations of this Development Code, includ-
inSCrovisions,leeAtCd in !:he fallo..iI,S Chapters: ) (
4 11. '.L~ ,,+:.1 ..1' .1 ..... ~--I. ,,,,,
- ~ t. II~ ff H-'-'. '<....~-... ~k'o( "
. Chapter 19.46 I ) Conditional U ermits I' II ' ) 0"'.
2. ter 19.44 Develop Permits "().1>1 (" . \
3. Chapter Ho pation Permits ~ ,jf"" . J .) ~r;'}
4. Chapter19.28 /1:8ndscapingStandards if:: b.;Jr'
5. Chapter 19.26 Off-Street Loading Standards
6. Chapter 19.24 -Street Parking Standards
7. Chapter 19.22- Sign ds
8. Chapter'19.36 TemporaryU
9. Chapter 19.42 Variances
1.
2
~
'.
3.
4.
5.
6.
7.
a.
b.
8.
9.
'ts
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'I\/./~ ~ ;,I. a
" ~ r COMMER~DESIGN GWDELINES - GJ9.06
'^f;. r 0
<t ~ ~ (t' G19.06.0fo COMMERCIAL DEVELOPMENT DESIGN GUIDELINES
f~ 1. GENERAL
I\p
The fol1au1ing design guidelines are intended as aHeftl mework to assist the desig-
ner in understanding the City's gOtlls and objecti Igh uality deoelapment within
the commercial land use districts. The guidelines c t the mandatory site deoe~ ~
ment regulations contained in this chapter I1y prwid examples of appropriate '.
design solutions and I1y prwiding design interpretations of the various mandatory regula-
tions.
The design guidelines are general and may be interpreted with some flexibility in their ap-
plication to specific projects. The guidelines will be utilized during the City's design
review process to encourage the highest leoel of design quality while at the same time
pruuiding the flexibility necessary to encourage creatiflity on the part of project designers.
It, 5lrt ^~ fA-tie. heN.... '
APPUCABILI1Y 0
2.
The provisions of this section shall apply to all commercial deoelapment within the CitJ,
except within the downtown aretl, CR-2 District, which is regulated I1y the Main streel
Overlay District. Any addition, remodeling, relocation, or construction requiring a brii1d-
ing permit within any commercial land use district subject to ref1iew I1y the Deoelopment
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 structures that are most
desirable include:
1. Richness of surface and texture
2. _ Significant UMZll articulation (insets, canopies, wing walls, trellises)
3. Multi-planed, pitched roofs
4. Roof uoerhangs, 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 sign program
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Unless there is a compellinq reason. these desiqn quidelines shall
be followed.. If a quideline is waived by the Development Review
Committee, the Hayor and Common Council shall be notified. An
appeal. which does not require a fee. may be filed by the Hayor or
any Council person within 15 days of the waiver approval.
~
'.
1.
'.
e
COMMERCe DESIGN GlUDELINEs - GI9.06
B. UNDESIRABLE ELEMENTS
The elements to avoid or minimize include:
1. . Large blank, unmticu/ated stucco wall surfaces
2. Unptlinted concrete precision block walls
3. Highly reflective surfaces
4. Metal siding on the main faaule
5. Plastic siding
6. Square "boxlike" structures
7. Mix of unrelated styles (j.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 structures 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.
r
A. Structures should be sited in a manner that will complement the adjacent
structures. Sites should be developed in a coordinated manner to prcroide order
and diversity and avoid a jumbled, confused development.
B. Whenever possible, new structures should be clustered. This creates
plazas or pedestrian malls and prevents long "barracks-like" rows of structures.
When clustering is impractical, a visual link between separate structures should
be established. This link can be accomplished through the use of an arcade system,
trellis, or other open structure.
I
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DO THIS
DON'T DO THIS
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COMMERC.ESIGN GUIDELINES - GI9.06
C. Loalte structures and on-site circulation systems to minimize pedestrian/
TJehicle conflicts where possible. Link strudures to the public sidewalk where p0s-
sible with textured paving, landscaping, and trellises.
,.
D.R<<ognize the imporlllnce of spaces between strudures as "outdoor rooms"
on the site. Outdoor spaces should 1uroe clem, recognizable shapes that reflect care-
ful planning and are not simply "left uuer" areas between structures. Such spaces
should pruuide pedestrian amenities such as shade, benches, fountains, etc. . ~
"
E. Freestanding, singular commercial structures should be oriented with
their major entry tuward the street where access is pruuided, as weU as having
their major facade parallel to the street.
F. Loading facilities should not be located at the front of strudures where it
is difficult to adequately screen them from mew. Such facilities are more ap-
propriate at the rear of the site where special screening may not be required.
G. Open space areas should be clustered into larger, predominant land-
scape areas rather than equally distributing them into areas of low impru:t such as
at building peripheries, behind a strudure or areas of little impru:t to the public.,
view, where they are not required as a land use buffer or as a required yard setback.
:
Loading areas should". Creatlt plazas In
loeatltd at rltar of struelurll prornlnltnl locations.
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lazas In ~ ~SpItC/a1 pavltmltnl and landseaPlt
cg=~:nl locations. 200' MIN. Itnhaneltmltnl at primary Itnlranelt.
Prltfltmld
,
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. COMMERC.ESIGN GWDELINES - G19.06
~KJNGA;D CIRCULA~ 5f'f"~
Parldng lot tUsign am be a critical factor in the success or failure of a commercial use. In con-
sidering the PfRibilities for developing a new parldng area, a deoeloper should analyze the follow-
ing factors: ingress and egress with consideration to possible conflicts with street traffic;
pedestrian and whiculJJT conflicts; on-site circulation and seruice vehicle zones; and the averall
configuration and appearance of the parldng area.
~
A. Separate vehicular and pedestrian circulation systems should be provided. '-.
Pedestrian linkages between uses in commercial developments should be em-
phasized, including distinct pedestrian access from parldng areas in lJJTge commer-
cial developments, such as shopping centers.
...............
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DON'T DO THIS
B. Parldng aisles should be separated from vehicle circulation routes
whenever possible.
/
C. Common driveways which provide vehiculJJT access to more than _ site are
encouraged.
D. Angled parldng is preferred aver 900 parldng.
E. Parldng areas shall be landscaped, receiving interior as well as perimeter
treatment in accordance with the requirements of this Development Code.
F. Parldng areas should be separated from structures by either a raised
concrete walkway or landscaped strip, preferably both. Situations where parldng
spaces directly abut the structures should be avoided.
G. Shared parldng between adjacent businesses and/or development~
is highly encouraged whenever practical.
H. Where parldng areas are connected, interior circulation should allow for
a similJJT direction of travel and parldng bays in all areas to reduce conflict at
points of connection.
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COMMERC~IGN GUlDEUNES. G19.06
I. Whenever possible, locate site entries on side streets in order to minimize
pedestriJm/vehicular conflicts. When this is not possible, design the front site
entry with approprilltely 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 circulation.
ill
Qk
DO THIS
K.
DON"TDOlHlS
Design parking artllS so that pedestrians walk parallel to moving cars.
Minimize the need fur the pedestrian to cross parking aisles and landscape artllS.
Altglcti ".,-ki,;g -is-~NftmH-fKf f..,/";ng.
"\
MRIClNG AlSU ARRANGEMENT
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.
COMMERCIAL .IGN GUIDELINES - GI9.06
L. Frontage roads should be ",.ouided for large projects on TTI/ljar arterials
whenever possible.
M. Parking art!QS and pedestrian walkways shCTUld be visible from structures
to the greatest degree possible.
N. The parking area shCTUld be designed in a manner which links the
structures to the street sidewalk system as an extension of the pedestrian environ-
ment. This can be accomplished by using design features such as walkways with
enhanced patring, trellis structures, ar a special landscaping treatment.
O. Parking art!QS which accommodate a significant number of f1ehicles
should be divided into a series of connected smaller lots. Landscaping and offset-
ting portions of the lot aTe effecti1Je in reducing the visual impact of large parking
art!QS.
P. The first parking stall which is perpendicular to a driver.uay ar first aisle
juncture, should be at least 40 feet back from the curb. With larger centers, sig-
nificantly mare setback area TTIIlY be required.
!Ii
i
..
..
Q. Utilize a36 inch high opaque wall ar landscaping to screen any parking at
the street periphery. A combination of walls, berms, and landscape TTI/lterial is
highly reannmeruUtl. Where prru:tiad, lowering the grade of the parking lot from
aisting street deoations TTIIlY aid in obscuring triews of IJUtomobiles while 1"Omot-
ing mews of architectural dements of the structures beyond.
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COMMERCIAL .GN GUIDELINES - GI9.06
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COMMERC~ESIGN GUIDELINES. G19./Hi
6. LANDSCAPING
A. l.JmdsaqJing for commercial uses should be used to define specific
tIrrtIS by helping to focus on entrances to buildings and parking lots, define the
ttlgrs of tNIrious Umd uses, prwide transition between neighboring properties (but-
frring), and prouide screening for loading and equipment aretlS.
Ulndscaping should be in scale with adjacent structures and be of
NW'VP' ;ate size at maturity to accomplish its intended purpose.
B.
~
'.
C. Ulndscaping around the entire base of structures 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 lot trees
should be located in planters that are bounded on at letzst 3 sides by parking area
pauing.
E. Ulndscaping should be protected from vehicular and pedestrian encroach- ..
ment by raised planting surfaces, depressed UKJIks, or the use of curbs. Concrete
mourstrips separating turf and shrub areas are required per the development :
regulations.
F. Vines and climbing plants integrated upon buildings, treUises, and
perimeter garden walls are strongly encouraged. A few plants to consider for this
purpose are: bougainflillea, grape iuy, and wisteria flints.
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. COMMERCYESIGN GUIDELINES - G19.06
~ ~
G. Use bored and tubbed plants in clay CTr wood containers, especilllly for
enhancement of sideuxdk ~~ courtyards.
H. At maturity, trees should be able to be trimmed 10 feet above
ground and shrubs should be maintained at a height of approximately 3 feet to pro-
f1ide adequate visibility.
7. WALLS AND FENCES
~
A.
If not required for a specific screening CTr set:Urity purpose, walls should
not be utilized within commercial aretlS. The intent is to keep the walls as low as
possible while P'" [VI fIling their screening and set:Urity functions.
'.
B. Where walls are used at property frontages, CTr screen walls are used to
concetll stCTrage and equipment arl!flS, they should be designed to blend with the
site's architecture.tndscaping should be used in combination with such walls
wheneoer possible. \
~~ ~de~ of aJJ pa;".,,-&.r w..l/s L_ r;
or -F~j ~..iJ 0<" A.<C,J'.A.~dir L:r'a&A:
.
COMMERCIAL I RESIDENTIAL ;
III
PUBUC STREET
COMMERCIAL
~
RESIDENTIAL
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COMMERC_ESIGN GWDELlNES - G19.06
C. When security fencing is required, it should be a combination of solid
WGlls with pillars and decorative triew ports, or short solid wall segments and
wrought iron griU work.
D.
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Elevcmon of Staggered Well
~
70'
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Elevation of Plant.s/Wall
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8.
SCREENING
A. Screening for outdoor storage should be a minimum of 6 feet and a maximum
of 10 feet high. The height should be determined by the height of the materiJU or
equipment being screened. Chain link fencing with redwood or neutral colored
sllltting is an acceptable screening materiJll for areas of any lot not visible from the
street. Exterior storage should be confined to portions of the site leslst visible to
public triew.
Elevation of Wall wHh 'reak'
B. Where screening is required, a combination of elements should be used
including solid masonry twlls, berms, and lIlndsalping. Chainlink fencing with
wood or metIlI sllltting is not permitted when visible from the public right-of-way.
C. Any outdoor equipment, whether on a roof, side of a structure, or on
the ground, shall be 41'P'Opr iately screened from 'Diew. The method of screening
shall be architecturally integrated with the adjacent structure in terms of
materilUs, color, shape, and size. Where individual equipment is provided, a con-
tinuous screen is desirable.
HORIZONTAL
WOOD TREWS
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COMMER+ESIGN GUIDELINES - GI9.06
9. ARCHITECTURAL DESIGN GmDELlNES
A.
c.
FINAL DRAFI'
Heights of structures should relllte to ildjlUent open spaces to allow
mlZXimum sun and ventilation, protection from prevailing winds, enhance public
f1iews of surrounding mountains and minimize obstruction of view from adjoin-
ing structures.
B.
Height and scale of new de1Jelopment should be comptltible with that of
surrounding de1Jelopment. New deoe1opment height should "transition" from the '.
height of adjlUent development to the maximum height of the proposed structure.
~
Large buildings which give the appearance of "box-like" structures are
generally unattractive and detract from the overall scale of most buildings. There
are several ways to reduce the 41'fdTance of large scale, bulky structures.
1. Vary the plllnes of the exterior walls in depth and/or direction.
Wall plllnes should not run in ~continuous direction for more than 50
feet without an offset. (
2. Vary the height of the buildings so that it appears to be divided
into distinct massing elements.
3. Articulllte the different parts of a building's facade by use of color,
arrangement of facade elements, or a change in materials.
4. Use IIlndscaping and architectural detailing at the ground level to
lessen the impact of an otherwise bulky building.
5. Avoid blllnlc walls at the ground floor levels. Utilize windows,
trellises, wall articullltion, arcades, change in materials, or other feiltures.
~, A/I :Yt-rH.e-&rt!.. dud/"I1.$ ~",-,(d be.. arc-h.,'te.cf..;~
-frwe4. .
VARYING ROOF PLANES
AND BUILDING HEIGHT
VARYING BUILDING
. SETBACKS
y'-~:I-. ~.'''. "'"
WINDOW SIZES AND SHAPES
ARE REPEATED FOR RHYTHM
ARnCULATED
FRONT FACADES
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COMMERC~ESIGN GUIDELINES - GU.D6
Mum Planttd
Roofs and Awnings
Add Desirable Alticulafion
Undesirable Architectural Horizontal Alticulafion Added
rreafment Veltical Alticulafion Added
D. Scale, for purposes here, is the relationship between the size of the new
structure and the size of adjoining permanent structures. It is also how the
ptoposed building's size relates to the size of a human being (human scale). lArge
scale building elements will appear imposing if they are situated in a visual en-
vironment which is preduminantly smaller in scale.
1. Building scale can be reduced through the proper use of window
patterns, structural bays, roof uoerhangs, siding, awnings, moldings, fix-
tures, and other details.
2. The scale of buildings should be carefully related to adjacent
pedestrian areas (j.e. plazas, courtyards) and other structures.
3. lmge dominating structures should be broken up by: 1) creating
horizontal emphasis through the use of trim; 2) adding awnings, eaTJes,
windows, or other architectural ornamenmtion; 3) use of combinations of
complementary colors; and 4) landscape materials.
:::~:~::::::::::::::::: ::;::::$::::::::::::: ::::::~::::~:?:::::::*i
:lit1~~ :~~!ll ~iif*i1l
Storetront elements and pedestrian
level details provide an intimate scale
Form and texture should be repeated
in a manner to provide Q sense ot
unity within a large mass.
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COMMERC.ESIGN GWDELlNES - GI9.06
E. The use of standardized "corporate" architectural styles associated with chain-
type restaurants is strongly discouraged.
F. Much of the existing color in the City is derived from the primary building's
finish materials such as Urick, wood, stucco, and terra cotta tile. Also dominant
1m etlrlh tones that match these natural materials.
1. Large areas of intense white color should be aooided. While
subdued colors usually work best as a dominant OfJI!1'aU color, a Uright trim ~ ,
color can be "PP'VP' iate. .
2. The color palette chosen for new structures should be comptltible with
the colors of adjacent structures. An exception is where the colors of ad-
jacent structures strongly diverge from these design guidelines.
3. Wherever possible, minimize the number of colors appearing on
the structure's exterior. Small commercial structures should use no more
than" colors.
3
4. Primary colors should only be used to accent 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 structures.
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COMMERC.ESIGN GUIDELINES - GI9.06
"
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PartIaImGnlGlfl
rod dllt:OlllGf1.a
CIIp/>>d rod /0 hh>>
rootIop equipment
Full mGnIGIfI fOOl will
hl.-lDDIIop _quipmeflt
10. ROOFS
A. The roofline at the top of the structure slwuld not run in continuous plllne
far l1WT'e thiln 50 feet witlwut offsetting qr jogging the roof plllne.
ona
iscouraged. Mmrsard roofs,
res, slwuld wrap arou . entire perimeter of
B~ g.
~9'
All roof top equipment shall be screened from public view by screening
materials of the same nature as the structure's basic materiJlls. Mechilnical equip-
ment slwuld be located below the highest vertiall element of the building.
The following roof materiJlls slwuld not be used:
1. Corrugated metal (standing rib metal roofs are permitted)
2. Highly reflectifJe surfaces (copper roofs may be considered)
3. . Illuminated roofing
11. AWNINGS
A. The use of aumings along a row of contiguous structures should be
restricted to aumings of the same farm and location. Colur of the aumings slwuld
be consistent and a minimum 8 foot fJertiall clearance should be maintained.
B. Signs on aumings slwuld be painted on and be limited to the llWJ!ing's flIlp
(valance) qr to the end panels of angled, curoed, qr box aumings.
C. Plexigllls, metal, and glossy vinyl iUuminated aumings are strongly discouraged.
Canvas, treated canvas, matte finish virzyl, and fabric aumings are encouraged.
D. Internally lit aumings slwuld not be used.
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COMMERCIAL D~N GUIDELINES - G19.06
12. SIGNS
A. Every stnu:ture tmd cOtnmerr:isU complex should be designed with a precise
concept fur adetpuIte signing. Pruuisions fur sign pltu:ement, sign scak in relation-
ship tire with building, and sign refldability should be considered in developing the
signillg concept. All signing should be highly compatible with the building and
site design relatiTJe to color, mIlterial, and pltu:ement.
B.
Monument-type signs are the preferred alternatiTJe fur business identifica-
tion whener1er possible. Where several tenants occupy the same site, individual
wall mounted signs are "f'f,,01'' iate in combination with a monument sign iden-
tifying the development and address.
C. The use of backlit individually cut letter signs is strongly encouraged.
~
'.
D. Each deTJelopment site should be "1'1" V1" iately signed to giTJe dirtCtions to
loading and receiving areas, visitor parking and other special areas.
"f
DO TIllS
DON'T DO 11115
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COMMERCIAL ~GN GlDDELINES - GI9.06
13. 1.lGHTING
A. Lighting should be used to prOTJide illumination fur the security And safety
of Oft-Bite.1ITf!tlS such IlS parking, loIlding, shipping, and receiving, pathways, And
worIdng 1ITf!tlS.
B.
The design of light fixtures and their structurlll support should be architec-
turtilly compatible with the main structures on-site. Uluminators should be in-
tegrated within the architecturlll design of the structures.
C. As a security device, lighting should be adequate but not uoerly bright.
All building entrAnces should be well lighted.
~
'.
D. All lighting fixtures must be shielded to confine light spread within the site
boundaries. .
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. INDUSTRIAL DEVELOP~ESIGN GWDEUNES - G19.OS
~
G19.08.~ INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES
1. PURPOSE
The following design guidelines aTe intended lIS ce framework to assist the desig-
ner in understilnding the City's goals and for high quality deoelopment within
the industritll districts. The guidelines c the mandatory site deoelopment .
regulations contained in this chapter by pTi . Ing good e:mmp/es of potential design solu- ~
tions and by prouiding design interpretations of the NTious mandatory regulations.
The design guidelines are general and may be interpreted with some flexibility in their ap-
plication to specific projects. The guidelines will be utilized during the City's design
review process to encourage the highest /e1Jel of design quality while at the same time
providing the flexibility necessary to encourage creativity on the part of project designers.
/rz:,erc- /l~i- pa1e... h-zre.,
APPLICABILITY .
2.
The provisions of this section shall apply to all industrial deoelopment within the Cily,
unless otherwise specified herein. Any addition, remodeling, relocation, or construction
requiring a building permit within any industritll 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. Seruice areas located at the sides and rear of buildings
3. Convenient access, 'Uisitor 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 TJtlTiny of building and parking setbacks should be provided in order to avoid long
monotonous building fpcPdes and to create diTJersity.
C. Structures should be located on "turf islands", where the office portion of the
building does not directly abut paved parking areas. A minimum 5 to 7 foot
landscape strip should be provided between parking areas and the office portion of
a structure.
FINAL DRAFT
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3/91
.
.
Unless there is a compellinq reason. these desiqn quidelines shall
be followed. If a quideline is waived by the Development Review
Committee; the Mayor and Common Council shall be notified. An
appeal, which does not require a fee. may be filed by the Mayor or
any Council person within 15 days of the waiver approval.
~
.
,
. JNDUS'llUAL DEVELOPMENTaGN GUIDELINES - Gt9.08
LANDSCAPE BUFfER
Ell
STORAGE
TRUCK STAGING
.-0
D. Building setbacks should be prwided proportionate to the sade of the
structure and in consideration of existing der1elopment adjacent to it. lArger
structures require more setback arm for a fNzlance of scale and so as not to impose
on neighboring uses.
E. Placement of structures which creIltes VI'''''' tlmities for plazas, courts, or gardens
is encouraged. Setback arellS can often be used to prwide space for pcztio aret1$.
F. Where industrial uses are adjacent to non-industrial uses, NYI" VI" iate
l1uffering techniques such as setbacks, screening, Imd lJJndscaping need to be
prwidetl to mitigate any negative effects of industrial operations.
G. Proposed der1elopment should be designed to preserve existing stands
of trees wherer1er possible. Contact the City's Park, Recrmtion, and Community
Seruices Department regarding requirements for certified arborist's report con-
cerning existing fH!getation.
FINALDRAFI'
n-m
"'If9&. '3/51
. INDUSTRL4.LDEVl:LOPMENTelGN GUIDELINES - Gt9.08
4. PARKINr. AND ('TRClIT.ATION
A. The parleing lot and cars should not be the dominant visual elements of the
site. lArge expansive ptroed areas located between the street and the building are
to be avoided in favor of smaller multiple lots separated by landscaping and build-
ings. Angled parleing is highly encouraged for larger parleing lots which can ac-
commodate 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 cir-
culation and access areas where possible, prooide adequate maneuvering and
stacleing areas and consideration for emergency vehicle access. Circulations
routes and parleing 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 access points
are prooided.
D. Vehicles should not be required to enter the street in order to mooe from
one area to another on the same site.
E. parleing lots adjacent to and visible from public streets must be adequately
screened from view through the use of rolling earth berms, low screen walls, chan-
ges in elevation, landscaping or combinations thereof whenever possible.
ParkIng _1houIcI be-=-d
from public view.
F. The industrial site should be a self-contained development capable of
accommodating its own parleing needs. The use of the public street for parleing
and staging of trucks is not allowed.
G. All parleing spaces should be visible from the interior of the structures, especially entrances.
FINALDRAFI'
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'mft"3!9/
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. lNDUSTRlAL DEVELOPME/IIT.IGN GUIDELINES - GI9.0B
5. LOADING FACTLTTTES
A. To alleviate the unsightly appearance of loading ftzcilities fur industrial uses,
these areas should not be located at the front of buildings where it is difficult to
adeqwztely screen them from view. Such ftzcilities are more appropriate at the rear
of the site where special screening may not be required.
*. ~
....~ ~ If:,
PARKING LOADING FAClunES CAT REAR>
STREET
~
B. When it is not possible to locate loading ftzcilities at the rear of the
building, loading docks and doors should not dominate the frontage and must be
screened from the street. Loading ftzcilities should be offset from driveway open-
ings.
c.
Backing from the public street onto the site fur loading into front end docks
causes unsafe truck maneuvering and should not be utiliud except at the ends of
industrial cul-de-sacs where etlCh circumstance will be studied individually at the
time of design review.
~..
Use cI.~_...dI..1OId fnCIIOIVy WClII
to ICfHn Ioocing cnoa.
,
...:....:..........-4
Oftaet the toacIng cnGI tram
"'---go.
FINALDRAFI'
0-140
'H9& "$/11
. INDUSTRIAL DEVELOPME~IGN GUIDELINES - G19.0S
6. LA NT>SC-APTNr.
A. For industrial uses landscaping should be used to define areas l:ry helping
to focus on entrances to buildings, parking lots, loading areas, defining the edges
of various land uses, providing transition between neighboring properties (buffer-
ing), and prOfJiding screening for outdoor storage, loading, and equipment areas.
lANDSCAPE
smACK
B. LAndscaping should be in scale with adjacent buildings and be of
4J1J11I1pr iate size at maturity to accomplish its intended goals.
c. Use of trines 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 ac-
cented at entrances to protlide focus.
-
E. 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
should be located in planters that are bounded on at least 3 sides by parking area
paving.
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 required per development regulations between turf and shrub
areas.
e-
,.
FINALDRAFT
U-l41
-m& 3/'11
. lNDllS'TRLU. DEVELOPMEAsIGN GUIDELINES - G19.08
7. WAlLe; AND FENCES
A. Wails will serve a17l/ljur function in the industrilllltlndsazpe and will be
used to screen tlUtomobiles, 10000ing and sturage arl!tlS, and utility structures.
Huroeuer, if not required for a specific screening ur security purpose they should
not be utilized. The intent is to keep the WIllls tlS low tlS possible while performing
their screening and security functions.
B. Where walls are used at property frontages,ur screenwalls are used to
conceal sturage and equipment arl!tlS, they should be designed to blend with the
site's architecture. LAndsazping should be used in combination with such walls
whenever possible.
C. When security fencing is required, it should be a combination of solid
pillars ur short solid wall segments and wrought iron grill work.
D. Long expanses offence ur wall surfaces should be offset and architec-
turally designed to prerJent monotony. LAndsazpe pockets should be provided.
~D.
.~
EleVOliClfl of SolId WOII willi PIIastets
. --'. . . '. . . . ..... .~--:-
EJeva1Jon of Wall {WroughtltOn ComDInallon
EJevallon 01 WiDUght bon willi PIIarI_
.~: : .~: . '.' ' :.C;:~" :~.
Elevation of Staggered Wall
~~n"
Eleva/ion of P/anterslWall
r~
FINAL DRAFT
D-l42
-M83/<J'
. INDUSTRIAL DEVE'LOPME~IGN GUIDELINE'S. GI9.0S
8. SCREENTNr.
A. Screening for outdoor storage should be a minimum of 8 feet and a maximum
of 12 feet high. The height should be determined by the height of the material
being screened. Chain link fencing with appropriate 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.
j~--~ ~_YA.D i
AIM OR IUN! lnucu
LAfCOICAn ICII fIlEFUS!
..
"!Alii InuCK
FINAL DRAFT
D.l43
-Me- ~/"il
. lNDUSTIUAL DEVELOPMENTIsIGN GUIDELINES - G19.0B
c. Any equipment, whether 011 the roof, side uf building, or ground, shall be
screend. The method uf screening shall be architecturally integrated in temrs uf
71IIlterUUs, color, shape, and size. The screening design shall blend with the build-
ing design. Where indiTJidual equipment is pruuided, a continuous screen is
desirable.
~
E
(l:::J
cno
DON'T DO THIS
DO THIS
D. The need to screen roof top equipment should be taken into consideration during
the initial design phase for the structure.
D.l"
"Pf98 "!. /91
FINAL DRAFT
. INDUSTRLU. DEVELOPMENT_IGN GUIDELINES _ GI9.OB
9. A RCH1TP.CTlIRA1. DE.'ilr.N
A. As IZ CIltegory of structure types, industrilZl structures often present unlZttrlZC-
tive IZnd monotonous faaules. There lZTe, how/!'Der, IZ VlZriety of design techniques
which CIln be utilized to help overcome this situlZtion IZM to direct d/!'Delopment
into IZ cohesive design stlZtement.
1. Employ VlZriety in structure forms, to CTtlZte visulZl chlZrlZCter IZnd
interest.
2. Avoid long, "unlZrlicullZted" flZClldes. FlZCIldes with VlZried front
setbtuks are strongly encourlZged. WIZ11 pllZnes should not run in one con-
tinuous direction for more thlZn 50 feet without IZn offset.
3. Avoid bllZnk front ~'side WIZlI eleVIZtions on street frontlZges.
4. Entries to industrilZl structures should portray IZ qulZlity office
IZpptIZTlZnce while being IZTchitecturlZ1ly tied into the overlZ11 7nIZSS IZM
building composition.
L
,
~
Entry prot_on or _latIon color banCls
lSbi.l.~
verticat__Wlllazlng__te_walls
~
. . . - .. .' .
. . ,"
:;>:: ~'" :.~. -:; ,:: .. -'.:: ;., -'-, '.-, .' '- ",. .," - '.... .... .,;',-: ,>:: :~, ~:. ::, : ,-
." C'_ ..."....... ,;, ...,~ "". . . :*, :c:.:". " ,c.' .'
. '.--' ,-,-: :'.": :~': ,,,:: :''''_ ."" __' , :,c ,,<,. :',~
. . '. .", v.":,,: "'.:
WInd_ glazing. color _. te_ wa/ls
and entry indentation
Mix of comptimentary materials. articutated Maces,
increase window areas. and some textUred walls
FINALDRAFT
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~!hl
. lNDllS1'1UAL DEVELOPMEmtllGN GUIDELINES - GI9.OB
5. Windows and doors tZTe key elements at any studuTtS [onn, and
should relate to the sade of the ele1JlZtion on which they trppeIlT. Windows
and doors can establish chtZTader by their rhythm and variety. Recessed
openings help to prwide depth and contrast on ele1JlZtion planes.
6. Sensitive alteration at colors and materials can produce diversity
and enhance tZTchitedural forms.
7. The staggering at planes along an exterior wall ele1JIZtion crelltes
pockets at light and shadow, prCTOiding relief from monotonous, uninter-
rupted expanses at WGll.
B. Design elements which are undesirable and should be lJT10ided include:
Highly reflective surfaces at the ground story
Lmge blank, unilTticulated wall surfaces
Erposed, untreilted precision block walls
Chain link fence, barbed wire
False fronts
"Stuck on" mansard roofs on small portion at the roofline
UnilTticulated building fru:iul.es
MJlterials with high maintenance such as stained wood, shingles or
metal siding
C. Choose wall materials that wm withstand abuse by f1tIndals or accidental
dJmrage from machinery.
1.
2.
3.
4.
5.
6.
7.
8.
.. .
D. All metal buildings should be architecturally designed prwiding variety and
f1iswJl interest to tire strutsazpe.
E. Berming in conjunction with lImdscllping am be used at the building edge
to reduce structure mass and height along fru:iul.es.
__10_-'-'__
Io........-uno......... -...
F. Rolling shutter doors located on tire inside at tire building tZTe the pi 'eferred
method for prwiding large loading doors while keeping a clelln, unclutter-
ed ..,,~rance from the exterior.
.', . ItOLIJNQSHUITER . ",:',' .~.'
ACC!l'lAILI
IlNACcmAIlE
FINAL DRAFT
D.I46
'1fttt l/'f I
. lNDUS'TRLU DEVELOPME~IGN GUIDELINES - GI9.0B
ACCEPTABLE
PREFERRED
NOT ACCEPTABLE
~
10. ROOFS
A. The roofline at the top of the structure should not run in a continuous
plane for mOTe than 50 feet without offsetting OT jogging the roof plane.
B. N/!tlTly vertical roofs (A-frames) and piecemeJlI mansard roofs (used on a
portion of the building perimeter only) should not be utilized. Mansard roofs
shall wrap around the entire perimeter of the structure.
C. All roof top equipment must be screened from public mew I1y screening
materials of the same nature as the building's basic materials. Mechanical equip-
ment should be located below the highest TJeTtical element of the building.
D. The following roof materials should not be used:
1. Corrugated metal (standing rib metal roofs are permitted)
2. Highly reflecti1J/! surfaces
3. Illuminated roofing
E. n.~ r./ .(.,'d" ./.",1.( p,," ~A'/~r."'.. 0 ".,.,......~ .,I'-li.
()t'~r"l! "relt;."~e"f",r,,1 ~$"jA. ~~"'f!.
FINAL DRAFT
D.147
"ff'J&-~f;(
. INDl1STRlAI. DEVELOPMEAsIGN GUIDELINES - GI9.0B
11. .(jTGNS
A. ErJerY structure should be designed with a precise concept for adequate signing.
Prouisions for sign placement, sign scale in relationship with building and the
readability of the sign should be considered in det1eloping the overall signing con-
cept. All signs should be highly compatible with the structure and site design
relative to color, material, and placement.
B. Monument-type signs are the preferred alternative for business identification.
Where Set1eral tenants occupy the same site individual wall mounted signs are ap-
propriate 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 speciDI areas.
.
Employ a consIItent lip PIVv....~h
lor mulllple tenant PfOlecla
Place sign peq:lelldlcular
to appn:lCIChlng IIaIIlc:
In landscaped anIQ.
FINAL DRAfT
n-148
~')nl
r
. INDUSTRIAL DEVELOPME.IGN GWDEUNES - GI9.0S
12. L1 GH771'Il r.
A. lighting should be used to provide illumination fur the security and safety of
on-site arellS such as parking, loading, shipping, and receiving, path-
ways, and working arellS.
B. The design of light fixtures and their structural support shall be architecturally
compatible with main buildings on-site. Illuminators should be integrated within
the architectural design fur the buildings.
C. As a security device, lighting should be adequate but not overly bright.
All building entrances should be well lighted.
D. All lighting should be shielded to confine light sprelld within the site boundaries.
E. One footcandle evenly distributed across a parking lot is the required minimum.
At entrances and loading arellS, up to 2 footcandles may be appropriate.
ConlIn. light spread
to wllhIn lite boundorift.
FINAL DRAFT
D-149
"'7J96. ?J fer f
r
-
. DESIGNGUlDELlNES FOR ~A710N AND lNFILL- G1!J.19
G19.19.050 DESIGN GUIDELINES FOR REHABILITATION AND
INFILL DEVELOPMENT
1.
GENERAL
'I'M foIJw1ing design guidelines IlJ'e intended as a l'e~/e.lce framework to assist property
oumers, derJelopers and designers in understanding the City's goals and objectives for
high qwdity deoelopment and reMbilitation within the MS (Main Street Overlay) Disr
trict. The guidelines are intended to complement the mantlJltory site deoelopment regula- .,..
tions contained in this section by prouiding good examples of potential design solutions "-
and by prouiding design interpretations of the 'DGrious mandJltory regulations. The
design guidelines IlJ'e general and may be interpreted with some flexibility in their applica-
tion to specific T"Ojeds. The guidelines will be utilized during the City's design reoiew
process to encourage the highest level of design quality while at the same time providing
the flexibility necessary to encourage cretlti1lity on the part of the T"Oject designers.
APPLICABlUTY .
2.
3.
The Tf"OTlisions of this section shall apply to all deoelopment within the MS District. Any
addition, remodeling, relocation, or construction requiring a building permit within the
MS District subject to re1liew by the Development ReI7iew Committee shall adhere to t .
these g}lidelines where IJ1!Plicable. . ,
/till i 115~ -fv-PYrI /jea:r .lJtc4e--
pRESERVATION OFTRADmoN'AL nF.crhRATION
Existing historic decoration should be preserved whenerJer possible. It reinforces the tradi-
tional character of the downtown and adds a richness of detail which is often irreplace-
able at today's costs. At the same ~~, t ')lMn~ of the decoration lend a unique charac-
ter to indi1lidual buildings and to ~aoum ~ a whole.
1 i.JorJ...
Many times in the remodeling of storefronts, original decorative details IlJ'e left partially
intact as visual "leftuoers" or simply cuoered with new construction. In futllre i"'p,vDe-. .
ments, these forgotten details should not be wasted. If enough details remain, they should
be restored as part of the original design. If only a few remain, they can be incorporated
as design fetltlires in a new storefront. In either case, the design of any i"'pd),O""lents
should grow out of the remaining details and create a harmonious background which em-
phasizes them.
FINAL DllAFI'
D-223
3191
1--
.
.'
Unless there is a compellinq reason. these desiqn quidelines shall
be followed. If a quideline is waived by the Development Review
Committe., the Mayor and Common Council shall be notified. An
appeal. which does not require a fee. may be filed by the Mayor or
any Council person within 15 days of the waiver approval.
~
'.
. DESIGN GWDELINES FOR REHAB+ON AND INFlI.L - GI9.I9
Existing building elements incompatible with the origiTUll facade design of the building
should be reTnuved. These include: uverdone exterior embellishments and 'modernized'
facades, using such elements as metal grilles or rusticated materials. The facade will then
be remodeled or restored to reflect its original appearance. The remodeling/restoration
will stress the conservation of the unique stylistic features of the origiTUll building.
~nnwrnnN'TWTTHT1t..nmnNA.1 MA~rA'C:
A Conuce Can Be Constructed With Wood
Framing.. Plywood And Moldinp With It. Slopuag
Sheet Melli Cap To Shed Water. The Cornice
Spans The Top OlThe Storefront. Oft.n Covering
A Stnlaural Beam Or Unfinishec1 Brick.
Trlns.xns Are Optiorw.l Design Elements That Help
To Break Up Th. MWlvt' Effret Of VftJ Large
Sheets Of Qus. TrlRKIm Windows Can Be Clear,
Tinted. Or StllMd Glass.
Masonry Piers An Uncovered And Match The Upper
Facade.
The Stcnfrunt b RecaaO 6 Inches Into The Opening.
The SIO~fronl And Windows Are Framed In Wood.
The Sill Slopes Forward For On.i.nap.
The Bulkheads Are Construaed With Wood Framing
And It. Plywood B&ck With Trim Applied To IL
The Saomront RalS On It. Muonry Or Conatlt
But To Prevent Water Damap.
~nnJ:1l'nnNTwrnt' r-n~"nnA.ny MA'T'nI'A' c:
It. ComicIls Made With Sheet Metal Over It. Wooden
Frame.
Ophcmal TranJOmS Can &. Stained C1us. Ct., C1uI
Or Opaque.
Mucmry Pia>.... Un_ And Maldt The llppor Facoda.
The __,Is _61ncMs IrllOThe 0paUn1.
The ScoNfronI And Windows Are Fnmed Wilh Dark
AnocUzad Aluminum Or Painted Alwniftum.
The 5eanfran1 Rats On It. Muanry Or Conc:rnt....
FINALDRAFI'
D-224
~491
. DESIGN GlHDEUNES FOR ~AnON AND INFILL- G2U.9
4.
SELECTION OF BUILDING MATERIALS
Confu.."m... i 1rIIlteriaJs which harJe characteristie) similar to traditionJU materiJUs can /
1M .."".."", ;.uzy used in facade reJuWilitlltion. In general, they should harJe a smooth te:t-
turt fDiIIr. S4tin or fTilt finish and a color which enJumces the traditional character of the
faauU. Their profile should 1M similar to the profile of the traditionJU material they
replace. High gloss materials such as optU/ue glass and porcelain enamel should 1M used
only within the storefl'ont opening.
~
"'.
MilterWs suda as cedar shAkes, textured plywood, stone tIePIM', log paneling, stucco and
plastic art not .."",v", ~te for use on traditional {penAIS for three rttISonS. First, these
materiJUs often attempt to create a theme which conflicts with the traditionJU duzracter of
the downtown. Second, these materials art USJUJlly not of a qutIlity - in terms of
durability, finish and appearance - that is necessary to establish an image of quality and
stability. Third, these materials often detract from the c1uzracter of the storefl'ont and the
facade. They create a-confused and cluttered ..ppearance instttld of reinforcing the tradi-
tional character of the facade.
5. WINDOW REPLACEMENT
If a window has deteriorated beyond repttir or is missing, the replacement should matJ
the original window. Replacement windows should always fill the entire window opening
and duplicate the original patterns. For example, a double hung sash window should not
be replaad by a single fixed pane of glass. Atloid the use of windows and shutters that
are not in keeping with the style of the building.
6. DOOR REPLACEMENT
'ITaditionally, the entrance door was made of wood with a large glass panel. E1JerY effort
should 1M made to maintllin and repttir an original door, if possible.
MJmy original doors ha1Je been replaad by stIlndard aluminum and glass commercial
doors. Although lacking in historical c1uzracter, they art generally unobtrusif1e.
Aluminum doors and stmr./,'(mts azn be made more ""npKlible by painting them a dark
color. An e:rposed aluminum surface must 1M cleaned and ",epartd for a zinc chromate
primer or metal primer, followed by "f'f"VP' ~te finish coats as recommended by the
primer manufacturer. New aluminum should 1M e:rposed to weather for at lmst two
months before painting.
If a door is to be replaced there art three basic options:
. HtIw II netII door built with the SII7IIe dtsign II1Ul proportiou of the origi1llll.
. Find 111PIII1Iuf/Ictwrttl woodm or sUd door thIIt resmrb15 the trrulitimrlllstore door.
. Use IIStllndllrd IIllDl!mlDl! c:ommercilll door with wide stil511nd II dllrlc IllIOdiud ur btIIcetl tIIII1fIel finish.
Do not use doors decorated with molding, croSs buc1cs or window grills. These doors art
more residential in character and azn look out of place on commercial buildings.
FINAL DRAFT
D-m
3J91.
. DESIGN GUIDELINES FOR REHAB,enON AND lNFlLL - GIU!1
7. REMOVAl. OF FXlSTING CANOPlFS AND METAl. A}"1NlNGS
umopies harJe a thin, insubstJzntial and "tacked on" appetlrance which is inconsistent
with the concept fur downtown San Bernardino. All canopies should be removed and, if
appropriate, replaced with ftzhric awnings. Existing metal awnings should be removed
and replaced with fabric awnings.
Aluminum Awnings Or Canopies Cenerally Detrac:r
From The Historic Charlcter Of A Building And Should
Not Be Erected. Existing Canopies On Historic Storefronts
(Idded during the 50's and not original) Should Be Removed
And Rep~ced With Clnvu Or Vinyl Awnings. U I RltCanopy
Exists And W.. PlrtOfThe Original Architecture, It Can
Be Dres5ed Up With A 12-to 24-inch Canv.. Awning Valance.
VlriOUS Awning Mlterials Offer Different Colors And Pltterns.
There Are Severll To Choose From: Canvu, Vinyl-COlted, And
Aailln, A Synthetic Mlterill. Try To Avoid Shiny Vinyl
Awnings On Historic Flades.
8. MODIFICATIONS OF INCONSISTENT SETBACKS
To strengthen the pedestrian en'llironment in the downtown, buildings which are not
"sidewalk adjacent" are encouraged to create pedestrian courtyards, plazas or setlting
areas with the space between the sidewalk and building wall.
FINALDRAFT
n-226
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_DESIGN GWDELINES FOR REHABIL.ON AND INFlLL - GI9.I9
DEf;rGN CONSmERA TION OF REA R ENTRA NCE
I
9.
In der1eloping a rl!JlT entrance to a downtown structures, a number of opportunities must
be considered. In general, the rl!JlT entrance must respond to the same needs as the
storefront only at a reduced scale. These include identification signage, displily, and a
pleasant entry. In addition, it must also meet the service needs of the business as it has in
the past. Since these two functions are often in conflict, the design of the rl!JlT entrance
must be carefully plilnned. A particular concern is the storage and disposal of refuse.
Trash cans, dumpsters, and other containers should be hidden from view whenever pos_
sible. Regular maintenance is of paramount importance.
The design of a rt!/lr entrance should be appropriate to its surroundings. The visual
character of the rt!/lr facades, alleys, and parking lots is a relatively casual and utilitarian
one, especially when compared to the more formal street facades. In this type of context, a
refined or grand design can look out of place. The design should be pleasantly inviting,
but simple in detail.
Any exterior plumbing, electrical lines, or other utilities on any facade in public lJiew
should be relocated or enclosed.
Unsightly electrical SeTlJices entries should be relocated or rehabilitated.
Gutters, Downspouts, And
Windows May Require Repair
AndlOr Cosmetic Treatment.
Rear facade Masonry May
Require ReJnir And/Or
Re-Pointing.
Signs Should Be Modatly
Saled To Fit n. Casual
Visual ChAra_ 01 The
Alley.
Existing Windows Can Be Easily
Converted Inlo A Small Displ.ty
Window.
Surface Paving At The Rear Entry
Should Be Repaired To Appear
Inviting To Pedestrians.
A Canvas Awning Can Soften
Rear Facades And Provide A
Pl....n. Protect.d Space.
A Rear Entry Door Should Be
Wood And Glass Or Similar To
The Front Door.
Ughting Should Be Modes. Bul
Bright Enough To Discourage
Vandalism.
Refuse Containers And Service
FlcHnes Should Be Screened
From View.
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.DESIGN GUIDELINES FOR REHABn.A-rON AND lNFlLL - GI9.I9
10. INFILL CD'N5;TRlIrT10'N
The construction of new buildings along the traditional commercial street is a valid tool
fur dt1tUT/tt1tUT/ revitlZlization. It is extremely importlZnt, however, that these new build-
ings relate hannoniously with the older buildings which surround them. Since these
buildings are often constructed on tNlCQnt lots, thus filling a "hole" in the street, they are
allied infill construction.
Visually, the design of an infiIl building, particularly its front facade, should be designed
by repeating rhythms, cornice lines, window and door arrangement with the other
facades on the street. It should "grow" out of them.
The new design should not, however, duplicate the design of neighboring facades. RDther,
it should be a contemporary design influenced by its surroundings ... a blend of new and
old. The infill facade should not pretend to be historic by using fake "historic" detlZil.
Pseudo-Classiall or Quasi-Mission elements are often used to blend a new building with
older surroundings. This approach generally ends up only compromising what is authen-
tically historic in the environment.
The Concepts AJuI ChanClerislia
Presented In This Gnphic An Those
01 Existing Architectural Types Which
Would Determine the "Detail. Design
01 The 1nIW Facacle.
'FA('"An~ RHVT'NM~
VisuallUlytiurll Which UnlIy
The IIIocbcapo In TheIr
Consistency (wirlclow IIlc!
.ton!1ron1 rhythms) ShouIcI
Be IncolJ'Oftted Into 1nIW
Facades.
/
/
/
/
/
VI~nA.' ~nMPn~lTInN
The Visual Composition 01 The
1n6II Facade (ThaI iI. The
Orpnization 01 Ira Visual Parts)
Should Be SiDular To That 01
S_gFacacles.
lJ~F-n.t""nlnll
The Colors Chosen For An
JnIiII Facacle Should Tie
It To Ir. Neighbors.
/
"
PRnl"nRTlnN rn:: npF-NINC!=;
The Siu And Proportion 01
Window And Ooor Openings Should
Be Similar To Those On SlUTOunding
Facad... The Same AppUu To
The Ratio Of Window Area
To SaUd Wall For The Facade
As A Whole.
n~'F-n'PM.4.T':TnA'~
An In/ill Facade Should Be
Composecl 01 Materials Which
Relate To Adjam>1 Facacles.
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. DESIGN GUIDELINES FOR ~ATION AND INFILL - G19.19
11. MOTOR STRUCTUREIDRIVE-llP BUILDING
A signifiamt number of commercial structures built in the 19505, 60s, and 70s along
IUlto orieIttetl boulerKzrds and commercial strips hime found their way into the traditional
pattern of &In Bernardino's downtown deTJelopment particu1Jzrly along 5th and 6th
Streets. In most C/IStS, these buildings are either fast food restllurants, automobile seruice
stations or the small strip commercial derJelopment.
These types of uses are usually set btlck from the street and neighboring buildings to ~
allow for a 'lJisible parking artll directly in front of the building. lArge, freestIlnding pole "-
signs often are pliu:ed ntIlr or at the front property line, so that identity of the business es-
tablishment can be recognized from grtllt distances up and down the street. The shape of
the entire building, as well as the applied architectural details, the type of building
materiIUs and the bold colors of the signage, are designed to attract the attention of people
in fast-11IOTling motor vehicles. Often the building possesses stylized roof and wall treat-
ments in an effort to give the establishment a strong identity, and to stand it apart from . .{
surrounding uses. . .If.;. "" ....);:1 'I: l.~\'t
. 's ~ ~r&l'"''
IJ. '" I
The construction of additional motor structures and/or dri'De-up buildings~ illl
Sl,r;;~l..)i4 7th Stf'6... frBIR "D", "E" M .A.r-.,J.rrd is 1_' """j,~~ _:111 "fhe' slJjmiws
of dv..."lor..,1 Hf/:i+nl;'Tn"n'l, ,.."I th-r" rllch rO'lrtrum9ll is HI be .r1tJid~ ~ Sth'~
.
Sl,~l. !
.
.
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S_ DESIGN GUIDELINES - GI9.22
G19.22.160 SIGN DESIGN GUIDEliNES
1. GF.1IlnlAL
'I'M folJorD!ng desig;n guidelines should be conSulted prior to developing signs for any
project. 1fLl. In <;e.--t -filnyl. J/l~ f~e..
A. Use a l1rief message - 'I'M fewer the words, the mare effective the sign.
A sign with a brief, succinct message is simpler and faster to read, looks cleaner
and is mare attractive.
~
,
B. Aooid hard-ta-read, overly intricate typefaces - These typefaces are
difficult to read and reduce the sign's ability to communicate.
C. Aooid faddish and bizarre typefaces - Such typefaces rruzy look good
todizy, but sodn go out of style. 'I'M imAge conveyed rruzy quickly become that of a
dated and unfashionable business.
D. Sign colors and materials - should be selected to contribute to legiln1ity
and design integrity. Even the most carefully thought out sign rruzy be unattnu:-
tive and a poor communicator because of poor color selection. Day-glo colors
must be awided.
E. Use significant contrast between the bat:kground and letter or
symbol colors - If there is little contrast between the brightness or hue of the mes-
sage of a sign and its bat:kground, it will be difficult to read.
F. Avoid too many different colors on a sign - Too many colors uoerwhelm
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 aretlS of c(j",~ting colors tend to confuse and disturb.
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.
.
Unless there is a compellinq reason. these desiqn quidelines shall
be followed. If a quideline is waived by the Development Review
Committee. the Mayor and Common Council shall be notified. An
appeal. which does not require a fee, may be filed by the Mayor or
any Council person within 15 days of the waiver approval.
~
CANOPY
MONUMENT
ROOF
.
SIG.IGN GI.IlDEUNES - GI9.22
WALL
MULTI-TENANT
PROJECTING
NO"T(" "THE-Sf w'u
4pPRoP~'A"TE
:~-.. . "'~'~"
. :;
-.
, '
-
UNDER MARQUEE
,'-, '~1~j;~1~~,~:;'
"
tor,.:,: ." ..t;:'?~<~ '.~~
~',,},;-.:-;~:J'ft~;:~!L.::
~/:;";-;~~.c,:(~'_.:. - -
" -...
FREESTANDING
..~ ~-
),-.: ~.'::
WINDOW
~l l'os,rloA/~ 1./".11:, '''E.
OCP,NI"TlcA/5 ST",R"T"vq 0-.1 ~"'4t: J7l'- 0.
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SIGN.GN GUlDEUNES - G1!1.22
G. PlRce signs to indicate the location of access to a business - Signs should be
placed at ur near the entrance to a building ur site to i1!dicate the most direct ac-
cess to the business.
H.
PlRce signs consistent with the propurtions of scale of building elements within
the facade - Within a building facade, the sign mal be placed in different areas. A /'
particuUzr sign may fit well on a plain <Wall area, f!"t would UTJerpower the finer /
scale and proportion of the lower storefront. A Sign which is appropriate near the
building entry may look tJny' and out of plRce abUTJe the ground level.
..
I. PlRce wail signs to establish facade rhythm, scale and propurtion where such
elements are weak. In many buildings tJuzt Juzve a monolithic ur plain facade,
signs can establish ur continue app'vp' iate design rhythm, scale, and propqrtion.
J. Avoid signs with strange shapes - Signs tJuzt are unnecessarily narrow ur oddly
sJuzped can restrict the legibility of the message. If an unusual sJuzpe is not sym-
bolic, it is probably confusing.
DO THIS
Employ a consistent sign pattem
DO THIS
Sign Is In scale and chlllllCter
wtth buUdlng articUlation.
DON'T DO THIS
Inconsistent sign patterns create
contusion. Signs within or above
root area are prohibited.
DON'T DO THIS
Sign is out of Icole and
character with bUlldlng
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SIGN .GN GIIlDF.UNES - G19.22
K. Carefully consider the F"oportion of letter artil to croerllll sign background area -
If letters take up too much sign, they may be hm-der to remi. 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.
L. Consider interior neon signs - Neon signs lend themselves to creative and exciting
artistic erpression. The use of neon signs inside a storefront can be used to at-
tract attention and create a special ambience.
M. Make si~lIer if they are oriented to pedestrians - The pedestrilln-oriented /
sign is usually remi 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
sm4Iler 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. Commerci41 centers, offices, and other similar facilities
are required to be part of a sign program in accordance with the provisions of this
Chapter.
I
B. Where there is more than-@l sign, 1111 signs should be complementmy to each
other in the follO'lDing ways:
1. Type of construction materill1s (cabinet, sign capy, supports, etc.)
2. Letter size and style of capy
3. Method used for supporting sign (wall or ground base)
4. Configuration of sign tlTtJl
5. 51uzpe to totlll sign and re/JJted cu",ponents
Roof Mounted stgns prohibited
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SIGN_IGN GUlDELINES - GI9.22
lijg~tilit~t1tit~1J~~j~i~1!:~~;~;;:?~1~~;::()~::::::~::::!
BACKLIT INDIVIDUAL LETTERS
INTEIlNALLY LIT LETTERS WIDPAQUE BACKCRDUND
BOX-TYPE SlCN
c.
The use of graphics consistent with the lIQture of the product to be advertised is
encouraged, i.e., hammer symbol for a hardware store, mortar and pestal for a
drug store.
Direct and indirect lighting methods are allowed provided that they are not
- ~h. or unnecessarily bright. The use of can-type box signs with translucent
bacl).bit panels are strongly discouraged. Panels should be opaque if a can-type
sign is used and only the lettering should appear to be lighted.
/..--
The use of backfJit individually cut letter signs is strongly encouraged.
The use of permanent sale or come-on signs is prohibited. The temporary use of r
t. hese signs is limited by the prOlJisions of Section 19.D i'(:T.1' c"
;2):0"
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.
D.
I
--
E.
F.
G.
DO THIS
DON'T DO THIS
........................
.........................
1111rfi~~~~;
..:.::~::::;:::::::::::::}:::::::;:;::::.:.
. SALE
...............
Sign occupies 20"10 01 window areel
Temporary promotional signs
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SlGN _GN GUlDEL1NE:S - GI9.22
3. "FREESTANDING SlGNS
A. ri!:<<Standing signs are intended to prOfJide street addresses, and identificationY./
T ur the freestanding building ur commercial center development as a whole and:Jor
up to three major tenants.
B. All tenant signs should be limited in size to the width of the architedural features
of the sign and shall be uniform in size and color.
C. A minimum of 1 0% of the sign area of freestanding signs for /Juge multi-story
buildings or center developments should be devoted to identification of the center
or building by address or name. Strip developments should display the range of
store addresses for that develupment on their freestanding sign.
D. Freestanding signs should be placed perpendicu/Ju to approaching vehicular
traffic.
E. Freestanding signs should be placed in raised planters whenever possible.
["SIGN 1
LESS DESIRA.U SIGN
No landlcaped baM
DESIRAIU SIGN
Monument ./gn wlttllandlcaped baN
Place sign perpendicular
to approaching traffic
in landscaped area.
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SIG.IGN Gl.llDELlNES - G19.22
F. Each monument sign should be 10000ted within a planted landscaped area which
is of a sJuzpe and design that will prouide a compatibl6 setting and ground defini-
tion to the signs, incorporating the following ratio of landscape area to total sign
art!ll:
1. Monument: 4 square feet of landscaped area for each square foot of sign
area (1 side only).
CLrt"'t.....
2. Directory: 2 square feet of landscaped twefor each square foot of sign area.
. .
RECOMMENED
..
PERMITTED
INDUSTRIAL/IUSlNESS PARK SIGN
PROHIBIlED
,
U,e ma/elia/, compa/1bIe W/lh development theme.
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/. piA -to . LANDSCAP.IGN GUIDELINES - G19.28
~ ( G19d LANDSCAPE DESIGN GUIDELINES
Q~
, / ~ following design guidelines are intended as a reference framework to assist the desig-
/ ner in understanding the City's goals and objectives for high quality development. The
guidelines will be utilized during the City's design reuiew process to encourage the .
. _ t. highest leofd of design quality while at the same time prrroiding the flexibility necessary to ~
1'-tr \ s ' t ~ encourage creativity on the part of project designers. '.
/ @~~: .
pruuisions of this section fl11Ply to all deoelopment projects within the City, unless
otherwise specified herein. Any addition, remodeling, relocation, or construction requir-
ing a building permit subject to reuiew by the DRC, shall adhere to these guidelines
,~~J'1~
A._ umdscaping and open spaces should be designed as an integral part of <
the croerall site plan design. LAndscaping and open spaces should enhance the
building design, enhance public views and spaces, pruuide buffers and transitions,
provide for a balance of solar uses, and pruuide screening.
B. Landscape design should accent the croerall design theme through the
use of structures such as arbors and trellises which are "pp,vp' iIlte to the par-
ticular architectural style of adjacent structures.
C. Landscaped areas should incorporate plantings utilizing a three tier system;
1) grasses and ground CODerS, 2) shrubs, and 3) trees.
D. The following are common planting design concepts that should be used
wheneoer possible:
1. Specimen trees used in infomuU grouping and rows at ""'jor 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. 7rees to create canopy and s1uule, especially in parking areas
6. The use of flowering trees in infor1TlJll groups to provide color
7. Infor1TlJll massing of colorful plantings
8. Use of distinctive plants as focal points
9. Benns, plantings, and low walls to screen parking areas from oiew
of public rights-of-way while allowing filter views of larger buildings
beyond
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.
.
Unless there is a compellinq reason. these desiqn quidelines shall
be followed. If a quideline is waived by the Development Review
Committee, the Hayor and Common Council shall be notified. An
appeal. which does not require a fee, may be filed by the Hayor or
any Council person within 15 days of the waiver approval.
'.
-
LANDS~SIGN GUIDELINES - G19.28
E. Planting arellS 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 coiorfullandscape 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 app,(jP, ;ate.
G. Planting masses on-site should assume a simple, non-uniform arrangement.
The diversity of massing types should be g7'f/lt enough to provide interest, but kept
to a level which evokes a relaxed natural feeling.
4. INSTALLATION AND MAINTENANCE
/ / A. Trees should be adequate in trunk diameter to support the top area of the tree.
\ Jr.!"" Trees, shrubs, and vines should have body and fullness that is typical of the species.
B. All ground cover should be healthy, densely foliated, and well rooted cuttings, or
one gallon container plants. Herbaceous and flat plant ground covers should be
planted no more than 12 inches on center and woody, shrub ground cover should
be planted no more than 3 feet on center.
C. The spacing of trees and shrubs should be tlfJl"Of" iate 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 apparatus such as fire
hydrants or fire alarm boxes. Proper spacing should also insure unobstructed ac-
cess for vehicles and pedestrians in addition to providing clear vision of the inter-
sections from approaching vehicles.
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.
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