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HomeMy WebLinkAbout01-Planning and Building r o. ,. _' . . . ORDINANCE NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 IIII IIII 1 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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of the San Bernardino Municipal code, and any amendments thereto prior to the adoption of this ordinance, are hereby repealed.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 All existing zoning land use district maps are hereby repealed.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. IIII IIII 2 " , . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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." IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE..~PEALING CHAPTERS 17.04, TITLE 18 AND 19,...AND ZONING MAP . 15.32, 15.52, 15.56, 15.72, ADOPTING 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 day of , 1991, by the following vote, to wit: Council Members AYES ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER meeting thereof, held on the 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 A~_ B~ A~ 4 w. R. Holcomb, Mayor City of San Bernardino . . 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. .::=- ~ ( .u, *' I!/.; f"t,...1) rt' ., ~ ') I-I 5'jq(...7~ . . 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. fINAL DRAFT 1-2 3191 . . . 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.). FINAL DRAFT 1-3 3/91 . . BASIC PROVISIONS -19.ll2 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. . 3'64 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). FINAL DRAFT 1-4 3/91 . . 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 ~ 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. '. 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. . 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. FINAL DRAfT 1-5 3191 . . 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. ~ 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 1'1,01,. o}o (J)~ " 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. FINAL DRAfT 1-6 3/91 . . BASIC PROVISIONS -19.02 AntEmna. A device for transmitting or receiving radio, television, or any other trans- mitted signal. ~', -f_.,t, 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. ~ '. Attached. Any structure that has an interior wall or roof in common with another struc- ture. ? f.,. Automobile llales Jot. An open area used for the display, sale and/ or rental of new or used automobiles. ~ J' 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. FINAL DRAFI' 1-7 3/91 . . BASIC PROVISIONS -19Jl2 Blnck Fa~. One complete side of a block, usually facing a public street. Block face J l STREET ~ ~ . - . - .. - .. - "' - .. - ~ '. '~~lH1MlM~!lti~ STREET ( 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.). 1'1.~.D30~~) 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. FINAL DllAFT 1-8 3191 . . . 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. 1-9 3/91 fINAL DRAFt' . . 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 ~ 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. FINAL DRAFT 1-10 3191 . . 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. f , 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." FINAL DRAFT 1-11 3191 . . 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. FINAL DRAFI' n-15 3/91 y ",'F-"'~.'.;'.:,,~; . &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: FINAL DRAFI' n-16 3/91 -,',~'''i"-,..'''-.,1iI,l 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. - FINAL DRAFT 3191 D-17 " ;,~ . .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. FINAL DRAFI' n-18 3/91 r . .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. FINAL DRAFI' D-19 3191 ,.:\','1'" ,..-~t 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. FINAL DRAFl' n.w 3/91 ~'-'~-~~"'" . 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. FINAL DRAFI" D-21 3/91 ,....~""'..~::. C"'-', . .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. FINAL DRAFT n.n 3/91 . .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. FINAL DRAFT U-23 3/91 . 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. FINAL DRAFT 3J91 n.24 . 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. FINALDRAFI' D-25 3191 . .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. FINAL DRAFT U-27 3/91 . .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. FINAL DRAFT n-28 3191 . .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. FINAL DRAfT n-29 3191 . &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 FINAL DRAfT D-30 3191 . &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 tn I- U - =: I- tn - Otn ,.J'-'l <tn _;:J =:0 ~I-'-'l Cltnl- -c;:J1- ClO- '-'lz::i1 ,.J_=: =O'-'l j:SZIlo <~ ,.JI- <tn -- U,.J =: '-'l ::i1 ::i1 o U . . COMMEROAL DISTRICTS -19.06 o o o o (.) o (.) (.) (.) o o (.) (.) (.) j!:- -0 :li D '" '" "' ::I "!O/ .c ~ aiiil "' C. "' e '" U._ j!:- -c cii , 'g "' ~OI 0 o U 01 C ~ '" ~- )( "' u c ~~ 01 a.a. a. '" iil "' "'.- "C 01 me a> a> '" -0 Ol C C '" ::1.- "2 OIc ~ u :s~e~", I!! )( ~ .ca. '2 010 ~t ::I, 3a> ~ -a. "e "e =c =cC:=&jc; oc. 0101 i "0= 0.2 0001-- Vi C ~ iil c u 'C'--o 1Il-o a> .- - iil OIl!! "6,g 'C0l ., .c-o iii CllgCa.a> ~; ~ 0 -- ,... If .!a c: .- )( <-0 <-0 eG en.! 0 10.01 :IE (.) Oa> N ,..; cD en c:i N ,.; .( .,.; ai 0 0 0 0 0 - - - FINALDRAFI' n-64 (1 .JH9& 3/11 (.) ~ a ,Ill Ol :l U tj )( 'C C: CD e: 0 . llle:U.!!! 0- == ! .SoiiiOlUl .5 g>>CS.5'Q) ::h:::EE.2 . o o o o I - I!! !'CQ) CDC:S! c: r:::: (D's 8 &I!!..:l 'OCD Cle:",,> e: 0 V._ ._;; III iii "0'-'...... '=2COl :;, _ 0 Co alUlUO o o , ~13 iiiU e:lll 8~ >-8 ~, CDS :1:; . 1 COMMERCIAL DISTRICI'S -19.06 ""'" , ~ '>>.,. - ' ~-o, , .... o o (.) (.)(.) 0 0 (.) 0 (.) o , e:CD O'CUl .- as ... U~o 2iU ~ 'u ~ OCDe: (.) ~8 'C o o iii. Ol Ul oil J:. en..... ~ U- :lo'Cal "C~o- ~ChO::J c.c- Co) -- -" 'Ctlllle: !asuca 'C Q. 'B 'C C:__4> .- as "" c ... Ol Cl e: 'CEOlll e: 0(,) lll_ Q. , , "OQ),.......... OU~Ol oxoo U-CD"'''' UI U -6 o ~ Q. o g III ..:l {2 'E !!l CD U _:l :'="0 )( 0 ~c.. - -.i <.i &ri <D ,..; ci 0 - N - - - - N N N FINAL DRAFT D-65 ' -Me 3/91 0"{ . . COMMEROAL DlSTRICfS -19.06 'A-. -~ ~ ~ ~ ~ ~ ~ .>>Et. * C ~ ~ Q c V ~Cl 0 0 0 0 0 U U 0 0 0 0 U 0 0 0 0 0 0 o o 0 o o o o o o . . 'JS<:... ~- COMMERCIAL DISTRICTS -19.06 ~ ~ (:j ~ 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 . . COMMEROAL DISTRICI'S .19.06 ~ ~ ~ ;:E(. ~ ~ ~ ~ ~ C). UQ ~ ~Q 0 C,,) C,,) 0 0 0 0 C,,) 0 0 0 0 0 0 0 0 0 ~ .. ~lr~ .1 co-cCO.!lE ut5'CC 'E .-......8.. c-Ec E e" 8.1=: ...~o.. -0.. ... ...- E ...- WQl=e.8~e. OeD Q)CD cD (') C o ::: "'- ~c 8.~ "'0.. C:; ~i ,..: (') , 't:I .. cb E - '" C . !l! .. as Ui.9~'5 g;~ 2'c-a8"e~ 'cca=Q)!-o~U ~ Ole ~ g'li iIi.g :.SCU;oCii'8" "",l:!.8c~"oc "" _ ._ 0..... 01'" as (') o o o o o o "'01 ::IC 0'C "::I", C'I"l .. .!!! al'c a;"5iii ~c:::s ._ '" 't:I ~ E.5 So E E ::I Ql "0 C ::; cD 0> 0> (') , '" C !!! - 't:IC "'.2 eOi ==1: "'0 a: 0.. ai '" o v . u.i FINALORAFI' D~..'7 "If9&- 3/9 ( . . COMMEROAL DISTRICTS -19,06 5k. .ki .~ .~ ~ ~.Q... ~- :.0'- . ~ .~ U )!( U ~ ~~ "fW.~ ...: U U ~Q~~ ~ '(" U U O~.; U 0 U U U U U 0 0 U U U U U 0 0 0 U U 0 0 U U U U U 0 U 0 U U 0 0 U U U 0 U 0 U U 0 U 0 U U 0 U c 0 U U 0 U U U 0 U 0 U U 0 U 0 U 0 U U U U U U ~ 0 U U < ~ '- . U U ~ U .~ ..~ "0 '\ . , '" ,~. ,9- < -.\: <....c~.. '01:: <I> a; " "-)\ 'E8. "0 '" '" ,.. .:= r~ Q~ l!! ,Q 0>C/l C/l I c.-:_ c ~ c .ccuc:nQ)c c:'li) 0 C/l~ C 0 ~ ~"'c: E C ,2 - o>l!! ::J~'-C)o -0::> C/l 0>'- 0 1:: ,-,..",,0 'lU en "en s:; C .- ~= 0 'c 'lU~ "fa 0 f{'O "'- 'Ecc5:'" ._ co s:; ,9- c ~ u ~ -0> 1:: - It 1:: ",0> 'c cacuU)1: ! 1:! mm 8. a; g: '8.C/l ~'" ::> "'.:€[O _0", "O- J: c: ~ \i Q) ~ c E -c:) Q. o tt ~ iii 0>'" C/l = .1I::i'cn U <0> 8.e~i;"~ Q) 'c-- .C/l E C\I :::0 c < f ~~ ~ -C"O C\I "'~ C\IC/l ~l!!c co It) .... '" 0 -'::>,-~- -'" ... ::>a.. ~.iii ... ...0. U - N '" iii '" r..: ex) ... ... ... ... ... ... ... FlNALDRAFr II~ '? "H9&- -719/ t. . . COMMEROAL DISTRICTS -19.116 ':l:ilF::. '5< R ~ ~ .~ ~l::l c::. C:I ~ ~Q ~Q () 0 () () () 0 () 0 () () 0 0 0 0 0 () 0 0 0 0 0 I () D 0 0 () CD ~ 0 0 ~ 0 0 ~ I 0 0 () 0 () 0 0 () 0 () 0 () 0 0 0 () .. E CD CD co CD , .i~ 'In . 0_ III cb~ E c: .. >- CD ~ III 1il .. i" -Sg' ~ti>- 0 z; ~co z; Il' ..~ CD ~"& Ill_ .. CD_-a. ~ .. it; -!GJ -CD I liala, CD CD .. III CD '" CDO :c c Cl.. - ~~ CD- E ~ '" E., CD -m:;, ",- a;J:) g' 11 .. ~f!! -0 ~ u~ a: -:m .. l!! Illc: ~- -C:1ll CD- - CD '" .( ~ oJ:) '9<... .- z; CD .CD G> III u:= l')- 0"2 :s! .1:l z;l!! -~ ",0 ,...- co '" '" CD c: z;o .- en ... NIll G> III l') '" 5ll!. 5li "'-Ill -Ill 3:.a 3:c: lD .!!! Cl It)~ Cl"6 It) WUl ... ai u.: 0 - ci N M ... It) It) It) It) FINAL DRAFT D~1O'( Cj ...;,J99. 3/r I , FINAL DRAFT o () o () o () o () o () () () .. CJ m~~ !!? e: o 0 1ii () '0 ~Sl o ~ ~ O ... 0 u.. &n'U) oj lfl . ~ \.) ~ ~ .. ~ Om e~ o.!!! _Ol ::> .. <'0 tti lfl () () () () () () () () () () () () () ~ ~ .. m .. E o l3m Cl5 ~= lfl-S lflm l:.lQ () () 0 o o o o o m Cl. o 1ii "'" CJ ~ .( ... lfl lfl m !!? o '01ii :;~ -0 Olm ~ m ~8 <Ol cO lfl n-Jf7 () ~ ~ ~ ~ o o o o o o o o o m - '0 Ol Ol e: ~ :;coS _ _ m "E &'C ::>e:Ol -:ce OlmCl. e'-- o E ::;, ~::>C" ~_Ol ,..: lfl . COMMERCIAL DISTRICTS -19.06 m Ol CJ 'E! Ol", 0.5 e:"", =c: Ol'e: W'o a:i lfl ~ l:.l~ ~Q o o o o o o o o o o o o m Ol l;l 15. '" ,S 1ii W N - CI) lfl ci ::> Q, > 'e: m 02 .~ <0;- NOl ~ > CI)'e: If> '0 ~ ~ () () () () () () () () () m Ol CJ Ol 15. '" e: :i! r 6:g .~ <'>0 ~ CJ CI)- lfl~ () () () () J >- c: o o ~ . - o ~ :; o (f) '" . 'H9ft 3ht , E a 8 - C Ul I!?coB CD.s:. .- "-",U2: c 0 )( CD co... CD en ,...1:1 0 'C,..f!1! :J'~.$! co u"8 III _ Q)EQ)Ul CIJ "Q) N CD FlNALDRAFT . ~~. ~~ o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o f! Q) "C - III U Q) U C !!! :l Ul .E ui C Q) ~1! Q)III U 0 Cf!Q) ! Q).~ :l-'" 2: cneQ) .5.ccn ri ~ CD CD ~ ~Q ~Q o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o 0 o Q) iii u; Q) 01 Q) a:: - Ul Q)Q) .J::U '0= ,,0 Cc IIIQ) "'E c_ 'l5Ul -Q) 0> J:.E &ri ,..,: CD CD n:n7d- . COMMERCIAL DISTRICTS -19.06 I " C III '" 0 C Ul - Co", E E C ~ B.o oui"8Ul .!!CD-:m epCl)CDU o~.cca J:,goQ. c:i ,... .~ () () ()() () ()() () () () () '" C Ul E Us~ co - 'C::: .8 Ul ~2 ~Ul,g 0 ~i B~"g.~ '0 . a.'5j.!? Eg>Ul~>-= Cii.-Q)"'a:~E ~~a!~i! J:a::.J::ClJIll~- -- - -N t') ... 00 0 0 ,....,.... ,.... ,.... () -'H98- 3/11 -~ ~ -e:Kl o . ~ " ):l(' "~~~ .~ o o o o 00 o o o u u u . COMMEROAL DISTRICTS .19.06 ~ ~~ ~ c:>. o u u vi B ~ CD .. .: m Cl. l!! CD~ >.- ""-!: 001 ECl. ~i <01 ..; ~ ~Qr.l;<::.~ u aQ o o o u u o Ou U oUUUU o o U U OUUUU o UU U 0 UUU o o o o o o o o o o o o o o o o o o o UO U 0 U U Uo U 0 U U o o m - c: I!! !!H en en lii g ~ 8- _U >- i 01.. >- 'CO) == ~=c.c !~ :s Q:s!.ai= ~=CDur .58.!~~ ..C:>" -!:Eo-" 1lIe;; OI_'S~OI ~1I.0Ia: 11.. <U . . CD .- .<< . . (",)",-O)co-- .NN __"C_'ENNC')t")"- le~iJe!)!!te~~Je o 00 o o FINALDRAFI' -fM- J/'fl o OOU 0 o OOU 0 o o o o o 00 .5 ~ CD .. m c: ~ CD II. ~rn 1ft liii~~I!!~ .!CD~E!! "'''OIIeOl- -5cltli~~ c4D- c iE~~5L! 01- -' Cl Cl. . . . . Q)~CD- _"CCJ__CD NC)(NNN ~OICD~~~ N ~ o o o .. B ~ CD .. III CIl CD c: '0 ~ lD '0 c: - .e. ~S' !! :I uS -r!. i" 8 :'5; 11 >-_..,. Cl. ._CD>OICl."'; ~Xllllii;CI) ... CD::; ..w.c . 'S'ci'~< NOIl')_CllCDCll U')'ELn:lU') U') l')Qll')C'l')!Sl') ,.......,.....Q),...e>>f'o- ..; .... Il.U f =3 . . ~ COMMERCIAL DISTRICTS -19.06 C. Q ~~K ~~ ~<:I e:. 0 'QQ 0 'QQ ~ooao 0 0 0 0 0 0 0 0 0 0 . FINALDRAFI' -me 3j<?! 0 0 0 0 0 0 00000 0 0 0 0 0 00000 0 0 0 0 0 00 00 0 0 0 0 00 0 0 0 0 00 0 0 0 0 0 0 0 00000 0 0 0 0 0 0 0 00000 'lS.CD ~.5 4) )(0 = CD !Q OC _=- en '''' -...... III en;:.S Q) U 01-0 '-~Ui$1ll .2: ca C... III CDftlO en.:.S=! EU") g [~.!!!- ~!me.~ ai ... III .... o o o .,., :I '" g.!.! C ~ 01'" - ., Q) .: blOl .- Q. ::El!! ?:E- O; ~ .S!!, 0) - C "5 .!: :c -01- ,!! Q. '" >l!!:: ';ZN ",Um <0.2<0 ....U.... l!! '" m!. '<:01 -- .!! 0 > '" ~~ ., C\i"':a; "'...- aoaoC ,....,....! - "0 .<: o .2 u) .... CUo >-0...0 0'6 $1:00 ':':1 1ii 8..g~ 00 m cncnc::J 8CD U c .__0 U :s ::Euu .!!! r::: as it 001 ",!!loE.!!!.!!!' .O.!!!'<: BIO o::E::E < . or-:I .0<'10' -- 0 ."OM . --.c:NoM.cnm mcnuC)_cncnmcn ,..... ,.... en"'" 0.,.....,.... ,.... ,.... ., '" ~ :I U 'is. C .2 "0 ::E ! 'C., C '" ca.5=! -~ C '" "''' E C "'0 .,.- :I- Em <ll cD .... cD .... ai .... D'l$7tf !::>., 'Q:> . ""~~<::>~~r::, r.::.~a ~<:::.~a <::) :::; <::l Q c:: Q ~ <:::l q _~ r.::, r.::, <:l <:> ~~~~~~~ ~~~ ~~~~ . COMMERCIAL DISTRICTS .19.D6 ~.~ ~Q Q<:> u u u u Ol Ol c: c: "in en ::> -::> o c: 0 .s:. ~.c ~ =! 'E U III III ...U =_, .2 Q) c:- "5 Q,)CO ::E rn g> . ... . St:2> ~o c: o 00 - _U . i J ~ ..... , l f-~ l! 'P "'-... \I ~ c -.!+ " . ~+ ~ ..; ~~ ....".;1 . ( ,. l~ ",:::> ~r-" . ~ o o . COMMERCIAL DISTRICTS -19.06 ~ ~ ~ ~ .~ ~ ...... < , ~ ~ ~ r , ~ '-' ';J '" .;:, '0 c: ::> o U 0. -= - o 01 > o ... c. C. III .. !!? '5 c- o. ... - 'E ... .. c. 'E 0. E c. o Qj > 0. 'tl .. :c I- '" . ...., Q ':1-- " FINALDRAFr ~ 3!9r ;"~ 0. " :::=~ ~~ ... c. !'( III ~..... o t .D ... III ~ 'tl .., .. "- in"> "''' 2:- ~~ ;,;: ;) '0 :g" .. . -~ 0., c: ~ .. ... :ll \I :>..... W I- o Z 11,19 7 '6 . ~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 D-79 3/91 ~ Q ~= 1&1< ZQ NOZ =Nj:S ~-~ =< 1&1-1-< _UZ ==1&1 j:S~~ ::EO 0- UI&I > 1&1 Q FINAL DRAFT ~ .::. . J l5 -' . S o II ~ I g I~ g lil ~ g Ii ~ g o o I g ~ g ~ g ~ ~ ~ g ~ g ! ..: . lil 2 lil ~ o o ~ ~ ~ o ~ ~ ~ 1 B . III 'E e ... 2 ~ ~ o o ~ o o ~" t ~ Q l ~ <> " .0 <> J ~ 2 ~ 1 ~ III Ii . a: 2 ~ 2 o .. ~ o o ~ <> ~ ~ t " -.. ~ ~ ~o .. ~ 2 ~ i !!!. 1 B . III . Jl III 'li- e. BJl . III III 11 . ! Jl/ii lll_ 2 ~ ~ o - lil o - o o ~ o 2 ~ ~ ~ ~ .- li'~ I ~ cH 02 -'- .. ... ~ ~"" "'S{ .... '1>~ Ii! Uo N'" Ii! .. ... .. ... ~~ ..~ .N .... .. ... ~ "'\ ~ tiN .... Ii! ;iN "," 51 'lilil N Ii! 'lilil N o .. .0 N'" Ii! :~ Ii! ~g UN .... Ii! ~lQ 1: .Il' . ::- . e ~ ~ fi.e- ~.. ~ . . /iii-\!:.. D-at-- <St' - ..,.. . COMMEROAL DISTRICTS -19.06 'I. , ~ ~ , .\ , ., ~ '\.: ~ -: Q , . ~ .~ , ~ ~ ~ ., '"' " " ~ ~ , ~ , , . ~ 'I.. . , .... ~ -:: .. .. ~ "-' ';;' V o '" C , '" ~ ." . .~ ..; ~. ~ ...(\ S ~ ;.: .... ~ o ~ '" ~ ~ I ~ . \0\ ., ..9 ' f'I'\........ .'t i {.; ~ J; ~ ~ ~, '0' l"," ." ...~. ',", J: I.J!- - ~ \;; i l.~ .~. l;S 5ii ~ ~ ~ .; U) <II., ,'"I J:':! ! ~ ~ ::I~ ~ ') "j;~' ~ J!,EQ. <.~ '- ~ III ,; ~ ~ ",el~"'." d II: .~ ~ ~ ~ ::: tl:l io.....~ ~ .i.i ! <.; ~ n ~ lj~ ;!.! ~ ~ ~ l .... . "lll Ii'.c S . ~ 1- 1I~ar.e'i :: t; ~ ~ 1! .,. \I " )0.. lOll g.E . - " ....... . ~ <t .. . -'It -...r -....:; """----J ~ .!:! I.. ~ Q ':J ",.. "" ~ ,..., C:c: ~ ( ~ ~ s.Q- (' '.... "c,lIfi .. .t. ~ ."J/. -; r"i- . X u 1;:" ~ '5.1.; Y\ ~} 51 ~ 8:... '.l " V \I ~ cn.n:! \- ~ '" ~ _.' iZ'..~ -= ~ "'" --~ ~ ~ ........ t.~"'.. ~ ~ <:) ~ , ., t ffl6- 3/'1 I - -....... -- ~ - .. . . COMMERCIAL DISTJUCTS -19.116 SIli DEVELOPMENT STANDARDS CN (NEIQHIORHOOD COMMERCIAL) DISTRICT _.lOT AMI': 7'- IQUARf nIT MAX. Lor COVDAQI; "'" ~"f;;' /_^'.;.;x._.... x~<" ~_&~ ..,::-:.,'{,-,.: 10'_. '-.... n.u _CK ~ 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 o.aa <: I Me :;/'11 ~ - -~ - ..., . . 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€ , rrJltt'''??fI,II SlOE ote I{C".c SC7~!( .5h....~ ~€ ,0 -FUr. FINAL DRAFT Il~ 1'3-- ~ 3f7( . . 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". tF:-: :K <?,;A ....;;;>'4.0' 0/0'-. '-... " lEAR SDlACK1l'" ... 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€ "'INI/If''''' ~/t)#. ~~ 1f&AIC SI.TStllcJ< 31-111,;." IJE. Ie '..cT. FINAL DRAFT u..sv Cf'), "'1M:1/~( . . 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 $EflACKiIf" o jf E"c<:~P7 I;: 1I1N-"e6./7 -r. ANI' RLf/.P'~<<' ,uu',!) {/SE "'6rele", rile tnINlnw>, S/J)E o,e ,e~ f6reAt!K J/"'L_ 8t: I~ ;:ccr. SITE DEVELOPMENT STANDARDS CR.! (COMMERCIAL REGIONAL-MALLS) DISTRICT NO AIIN. lOT MEA IfQUlftD MAlt LOr CoVfJlA~ ~" 50".0 .., "-.. ""'- "" .......... 152' "-:: ~../ "Y D.B5 ~Cf -W96 3hl FINAL DRAFt . . COMMEROAL DISTRIcrs .19.06 SITE DEVELOPMENT STANDARDS CR-2 (COMMERCIAL REGIONAL-DOWNTOWN) DISTRICT NO MIN. lOT AIM IfQIJII/fll MAX. lOT COVE/IA(Of, ,- I I I I ~ ........... ............ ............. ""- "-... . .............. ............ '__'ONUS MAY'UlLOWfD '. m Sl~M<ltIIO' IHIS DEVfIO",fHT CODE ,,,. 0' . DJO(~) (~) , SITE DMLOPMENT STANDARDS CR.3 <COMMERCIAL REGIONAL-TRI-CITV /CLUB) DISTRICT __lOT AI/fA: 1O__f"" MAX. lOT CO\II/IAQE, - '5$~. ~~ SfTIAC&' 'MAY _ THIS _WITH CONDITIOIW USE""'" NllJUANlfOlfCJJON r4. ,... . -..~ ('1.3" FINALDRAFI' n,w'; d ~') -'H9& 3/" . . 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.. """ "'-..... """ :....:.:.,....... "'-';":':""'.r /. /' ~'..".".Y" 'O'MIN. '-../" FIIONT \<lID UTlACl' ~S'~, J.fftfr 3/ q I 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<" :_:c:':t; ,.....<.;'.::S....:,> 10' MIN. ""-- 'EA' smllClC ". ,............ 2O'MIN. FIONT \'AID SlllACK ,.~ /1'1A:rcK. "I $Lt:!o4lDll,e';' 4,t'TWIIAt. 5. /0' tt'/IK. FbVT ~I) srr6'lGt: 1#./ ,,~/.. ()rI'~1( ~l,n. SITE DEVELOPMENT STANDARDS CCS-! (CENTRAL CITY SOUTH ........,tL~ DISTRICT -.lOT"'" 10.000 _E FEET MAX. lOT <::OVEIIA"' 50" FINAL DRAFT / U-18 1'.: /f ... '...... -MIl 3/</ I . . COMMEROAL DISTRICTS -19.06 SITE DEVELOPMENT STANDARDS CCS-2 (CENTRAL CITY SOUTH O:.A~ DISTRICT MIN. Lor AREA: , ACRE MAX. LOT COVERAGE: 15," <" I.':;::;; "" IEARsEruCK '" fo ']t: /Y/1fY LJlC!~lO ""'$ HE/~"( JJ/TI'"I A C! dAlOITiIM/At.. 1I5( rUI'1:-r PuLS...."il'rr 10 J"E~T,~ H. ,(JI. "K. n.3". 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" ri. ~)(. XK)(. FINAL DRAFI' D,89" ~~ ~3h/ . . COMMERCIAL DISTRICTS -19.06 ,..:: '4<- ~ ~ ';>f- ~ + + )( )<.. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + CI) ~ . + + + U + + + + - c:::: ~ CI) + + + + + + + + - 'fJ.+ 0 ~CI) + <0 + + -c:::: + + ...[:< + + C)CI)O + + + + + + ~::JZ =0< + I<Izf-i + + + ~_CI) + + + + lIQOU ~zli: + + + + + + + + + <0 + + ~I<I <ll.o +)(+ _CI) + + + + + + + U c:::: 1<1 + + + ~ + + ~ 0 + + ++ + U + + + + + + + e - 6 ~ 0 !Sl .- .. .,a> .. "a> a>Cb a> 0= ::l - ., >- .,as iij liSiQ 0= Qc C C ., - :I:"OCO 0 0 CD a> rn Ea>as .. CD>.CD!ii ;60 0 C~ G)CI)C) .2'gu..2C CJ==~O_-_C - iiilD il:5~ :!.!!~.cl! !!! as E Cb:I: rn CD rn 0 , ~O~~~~ -~ c c:: en '0 !lliio17a CUs:,.- _ CD: CD_ ::!irn 'tlOUOUCD :=.cCOOE C>>.~iii l: l: = ~.C ~ lQ ~ ~ .c ~~~~~i5 - oeca"Cm .-:s:i c7;CDC)O>O ::l cc8cca: ::!i a: rn-rno ~ .ccti c..:ici wu:c:i:t: -,-;:":..J~Z 0 . 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 n-93 3191 . 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 3/91 . 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 3/91 - . ~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. FINALDRAFI' n-155 }) ~17C> ~ I ~Ol; 3/91 --' . ~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: . FINAL DRAFT n-l56 3/91 -- - - -------------..-..----------- - . . 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. FINAL DRAFT D-157 3191 . 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; FINAL DRAFT n-l58 3191 . . 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 U-159 3191 . 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. FINALDRAFI' U-16O 3/91 . 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.- fINAL DRAFT n-161 3191 . . 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 FINAL DRAFT n-l62 3191 . .0 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 .... . FINAL DRAfT D-l63 3191 . . 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 FINAL DRAFI' n-lM 3191 . 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. FINAL DRAFI' D.165 3/91 . . 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. ~ '. FINAL DRAFT n-l66 3J91 . . . 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..:.. FINAL DiAFT n-167 !J91 . .' 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. FINAL DRAFT n-l68 3J91 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. FINAL DRAfT n-169 3/91 . . . 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. FINAL DRAFT n-170 3/91 . . 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 D-171 JJ91 . . 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 11-172 3J91 . . . 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 fINAL DRAFT U-I73 3191 . .. 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. U-174 3/91 FINAL DRAFT . . 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.) FINAL DRAFT D-175 3191 . D. E. F. G. . . 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) FINAL DRAfT D.176 3/91 - . . 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 n-1" 3191 FINAL DRAFT . . 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' n.178 3/91 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) FINAL DRAFl' D-I79 3/91 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 3/91 . . . 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' D.181 3191 . . 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 n-l82 3191 I . . 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. FINAL DRAFT n-183 3191 . . . 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 D.l8& 3191 . e. 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. FINAL DRAFT D-I85 3/91 . . 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; FINAL DRAFT n-186 3191 . . . FP DISTIUcr -19.16 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"" FINALDRAFI' 0-187 3/91 ~ 19.16.~ PROVISIONS FOR FLOOD HAZARD REDUCTION . . 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. FINAL DRAFI' D.l88 3191 . . FP DISTRIcr -19.16 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. FINAL DRAFT U-189 3191 . . . FP DISTlUcr -19.16 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: FINAL DRAFT D-19O 3191 . ,-- . . FP DISTRIcr -19.16 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; . FINAL DRAFt' n-191 3/91 . . FP DISTlUCT -19.16 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. FINAL DRAFT D.192 3191 ,-u . . FP DISTJUCf -19.16 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; FINAL DRAFI' U-193 3/91 . . FP DISTlUCI' -19.16 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. 0-194 3191 FINAL DRAFf - . .' FP DISTRIcr -19.16 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. FINAL DRAfT D-195 3/91 . . l 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; FINAL DRAFT 0-196 3191 . -- , . . 11M DISTlUcr -19.17 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. FINAL DRAFI' D-l97 3J91 . . JiM DISTRIct -19.17 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. . FINAL DRAFI' D-198 3191 . . JiM DISTRICf -19.17 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. FINAL DRAFT D.l99 3/91 e e. ~DlST1UCT.19~7 7. STREET STANDARDS Streets in this overlay disbict shall conform to the following standards: C. D. E. F. G. H FINAL DRAFI' 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. n-2llO 3/91 . . 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. FINAL DRAFT n-D 3/91 . FINAL DRAFT . . ~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 . . 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' U-2(M 3/91 --.J . . 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 D-2QS -'fflft l'7 I . . 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' D-207 3/91 . . 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. FINAL DRAFT n-208 3/91 . . . . 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 '. . . 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 D.210 3/91 . . HM DISTRICT -19.17 19.17.090 APPLICABLE REGULATIONS 6 7. 8. 9. 10. ~ '. FINAL DRAFT n-n1 3/91 I I J . . HP DISTR.ICT -19.18 CHAPTER 19.18 HP (HISTORIC PRESERVATION OVERLAY) DISTRICT This section reserved for future ordinance. ~ '. ~ nOm 3191 FINAL DRAFT . . 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 3/91 FINALDltAFT . . 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 U-114 ~4q, . . 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 D-215 ..JHIJ&o 3/9 ( --------- ----.- . . 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 -me. 49/ ,. ~ . . 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 n-217 3/91 ~4f . . 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 U-218 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 ~ '. FINAL DRAFI" n-219 3/91 . . 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 . . 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 D.221 -'H9fr 3/:; I . . 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. .. FINAL DRAFT 0-222 -m&3(q( . 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. FINAL DRAFT m.l 3191 . 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. m-2 3191 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. FINAL DRAFT m-3 3/91 . 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 ..& .I. 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- FINAL DJlAFI' m-4 3191 . 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. . FINALDRAFT m-s 3191 . 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~ FINAL DRAFT W-6 -ffl9. 31'1 . 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. FINAL DRAfT m.7 3191 . 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. FINAL DRAYI' m-a 3/91 . 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, FINAL DRAFT m... 3/91 . . 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. FINAL DRAFT m-10 3/91 . . 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. .. ij iil :z: .. ~ :z: AvU.IIfit; mID -1"&1/'17 L9K..J. ELEVATION FINAL DRAFT m-ll 3J91 . 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. FINAL DRAFT m-u 3191 . . 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. FINAL DRAFI' m-13 3/91 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. FINAL D1lAFI' m.u 3/91 . . 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~ ~ . FINAL DRAFI' m-1S 3191 . . 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. . FINAL DRAFT 3191 m.16 . . 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. FINAL DRAFI' m-17 3/91 . . 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. FINAL DltAFI' m-1S 3/91 . . 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. . FINAL DRAFI' m-19 3/91 . . 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." ~ FINAL DRAFI' m.20 3/91 . . 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. FINAL DllAFI' m-n 3191 . . 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. FINAL DRAFT m-n 3191 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. FINAL DR.AFT m-23 3191 . . 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. FINAL DRAFI' 3/91 m-24 . 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. . . FlNALDRAFr m-25 3/91 . .. . . 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. FINAL DllAFT m.2fj 3191 . .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). FINAL DRAFT m.27 "'ffle- it; I . . . 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" FINALDllAFI' m-28 3191 . . 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. FINAL DRAFI' m-29 3/91 . . 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. \ FINAL DRAFT m.30 3191 ~ o o Iol !< u Iol II) ::l o S Z N < ... ..l Iol >- ..l = = II) ~ Z o ~ :5 o Iol cz: Z o - II) ~ >= .. z :i 3 = III ~ i FINAL DRAFI' . j . 1 I I f i ! Hi :Ill : h ~ ]S 'E - -t ill .II.::h ~J!"'1i I :i2S... ,. o Z i a ~ II ! . I "I 41 . . .. .. i.t 11 ~ ~J! it ~t . > J! . t a! J Ii .- ,; .. .- ,; = i I I III 11 il : 1 i i ii ill a: !I ~ f I : . "8 i. ~11U i-, d Iii !! Ifl~1 .8..21 ...j E !j_ 0.... .~ ! hfs '0 ! Hj! ~ .: i. ~'I f :l!:2ii1 um . ..Qi U .-'Ii U . ~ HI H Hi ~I ;u i i_ 'Ii JI it & ~ Ii ~ '" .- ,; : ... ,; Sl i II 1 II ii it ~~ eGN REGULATIONS -19.21 .1 .. ~ t i... h"O i' i! n j 1 J! 'Ii J ~," ~ ~ g 111 . i i .1:... ~"O" . ii.~ !U!!!~ H' lil . .21i~s II [ i h.1 jihI U ii~t"O ~H~t H ~1! . ~ o Z . . . ~...& .... 11" l~! IIi !ij: hi @}. =!' n 2."1 j 2 .. = -: ~ : ~ jai I rl Ii !U Ii II I i ~lljJ hil I~ .a .. m-31 . . . "Z "'" -:z: i- t 1 J i ~ i t 1 1 i i ->I. v c .::.: "t,.. ~+- . ..,. ..... . o . -.... a! '& '" a! ~ 2 II' <..: ,; : tl6 j 1i I ! ~.. !l ! ~J' : ~ 0':; ,; .. II il ~ !q~ " '" -MO- 3/.,/ . eIGN REGULA nONS .19.22 J . !i.t z ! ZDZ li._ '0 'l5 'l5.sD I ~. I 11 - I! ~ 111 1 ~-- 0 .a2 -! j d j. z _ 0 Z -j r I! 1._ i I! . tJi .. ; t .sf i Ii .c _ .~ -~ ~ .~ s! l! .l!. t ~Is .! l! Is ~ !. .Is' i I!.ll.j 't- o t ..ll- '.a. -li 2) !iH t -liJI! . II .j'll It . . 8A. i <> - ~ - .; oi .; lli.a ~ ~ 2 => . ~ ~ . ~ ... ~ ~ " ~ E ~ 0 - . .5 () E .c: c c '-'l i- on . on !< -1 II . 1 U ]41 if r ij. '-'l .ss ..1 en 2} Is .s!' - ~ 11 i H - i:: Q L .. ~ '" c - .i ... .Il' co ..l .- . _0 N >- l~ ;., ... = " "1- '-'l 'JiS ~ CIl .. . . itl ..l z ~1 1i = 0 :Ii :. J ,. i:5 . ~ ~ => " c ~ :Ii ~ J" I I H ;5 elll ell .. () :i! '-'l = '0 1- . 'l5 10' 'l5 10' a:: :Ii Ii ..; i"li Ii,; -'hj.. ..;hj:e z II: iiH:j iiJllt => .. ipd; () :Ii !l -' -' ~ ~cl _E oi . - Hhii h)ji'; ~ CIl UI -r Ii'; 2 Ii S .. 'I.. on ... d. 1 1 -Ii "li_ :Ii 2 I) H HI . . 5 U it it ill ~ I -Ij cU H ~I ~.l! g ~ I- I i ill it .. -i UI i - 5j i I: ~ i II: .j~ !~~ ~I~ UI j A. ~ 52 !j~ ~dl OJ iii ,. FINAL DRAFT m-32 -'H98 -01 - ~ o t.:l !OJ !< u IOJ en :: ::l I: Q ! ~ S ..l N >- N III IOJ en ..l Z III 0 ~ ~ :5 t.:l !OJ a: Z t.:l - en FINAL DRAFT . I.J ti15 i~t lh: .: ~ E~ Uy,1 :!!n 1 . -CJdl E: . a_... ~ UH i ~Ul J ~II~" 1 z ~ c z 2 :> -' ::! - ~ ~ ! I c :. ... Ii =i ~ i~ .EJ l~ ' H .I)i .II 2_1 n ,~cH~ t\~c . ;~~_.~: ~ '1;..... .!'w "';' .. ~.t'~<..~ ,;~~...:s; _c.... -.,. ~'s~~"'t); ",1~t~l:t :~1l~1'i~ ~lt..:,,-t:: ! II .. c :. , w .. '; \J l': ~ -.... -' " iii ! I c :. I it Ai J 1 ! w c...... o:t' i~:! j '; ~, to:" ! ~~! I f -! ... t.!i &-8;' -- ~I !! -' s 1 j i l~! If' i..... .I r,r! 11 ...D .1' ~ IUd ~ rijti u ~. t", ,HcS'im'i iii .Ii u ~ It it tl1 11111:, -! h - N .. .. -'I "I !1 111_ i \1 .:1 t I . " L 1 ,,~ i : . :i N Ii m-35 eN REGt.JLA nONS -19.22 ~ I . . 0' "i !j ... H ,p R i. 11 - ~ ~ . . '0' i~ .j if .- . i :Ii ~ " c . c .. E :c II ~,; 1~ .1 It h ..I h1 n~ tIt L .... .'lI~ I) = '. Ell- ,2. ~ti " " H i i. ! I .~ 1- Il 15"; : ) IJ ~1l i1 h .!~ ~G: ~ ui JH9fi3/e; I - >- =: o C-' IOl ~ U IOl II) -= ::l l:: Q ] ~ ... ..l ~ >- N = W II) ~ Z ~ ~ < ..l ::l C-' W =: Z C-' - II) FINAL DRAFI' . .., S ftI _ St- 1.1< iil ~HS . ~~ : l H1iH ]""'i~;J clicilU ~lip.h ..CUI :U~'1! J.E 8-~ ~ ~'Ili--iI illlf . S~-i i' .1<i5,,'15E IlI'lj !!!lifi"! un .c&. . i . sti.l<p H. ~ '!rcH:..j Ii .a u ~ ~ z :i ::> .... ,: . ~ I !. c o .., S ~.. J{ l~ : j . I ~ ~ '; I ~ 1. ~ j 3i _.6.10 I' -{-' .~~.2~.~~11 ~ . 'I5:'I5izl'15:j.l~~ !~ ""iepU-i I!-~J~-l ~ji)ll~ji)iiill~; - I .;. ~!~.! ~ iiU l' -d~ t chhvt t..--..> ~ i ~ ~ i ~ f Ii - ~ 'd m-36 ;; ":! ."'. ;j t~ - . ;; U - . ":2 l!. 1... .l!i'll c_. . E' .t~Ji }!i ~ . ~ - ~ iUt ~ .~o . s.U p.~ HO Uf ui .,; UJ I i.. '& t.& at-- l(lU i !l ~"li d c .g U .a ..; .GN REGULATIONS -19.22 c . ~ a. .! "Wi .~..; e ~ ! -CO) - 1lII15 ~.2~-- .k a.er!~ &:)11011'" !~:o'J.~ =~~=!~ ~~s.=e~ o~~_2'lr:li. -s1!;o&.; b.!lJi8U g~15.i'a'" =~lllijpl 1".2I_uj. 0;. .- j .EJis c.-h. :U'l!:t>",~ .~~ ~8 '2: . c H u 5~ U 1:". j! 'iii -lis ~'I lJ "II i~.1 H~ . J. !j. ~~:ll~ "..,." 0 lJ~H d~~l Hill J i - .. .. ~ -- U ii -i 15_ I ~ ~ I ::> .8 ilJ !j u .1< II .~ ~- .... -~ 1.... iC 1jl s. -8.1 .z ~c 1': '0 H c. Ii.ci u ,; i ! '" !Ill '0 :,.. 'S s i .~ ]~ H.h. ~lj J1i Jji ~h Je [ U ~ ~~ ~. . tet ~H jfS. .HI ..-- 8 :I i - . '" N j - :ll i 8 I ! .8 ill jj .,; lH !!2 2hli ';'15 ... -;; J:!j.1I C..! ~ .!P'" ~ U)~. . " ~ '" , . .... . '" ... 8_ :II :!: . i:; hj i ~ ~ C .J! ~.D .... H .. -'ffl&. .3/9/ ~ o (.'l \O.l ~ U \O.l V) ~ ;:l i:: Cl ~ ~ S ~ N >- .... III \O.l V) ~ Z III ~ 9 ~ 5 (.'l \O.l Ill: Z (.'l - V) FINAL DRAFT . ~ h t H 6 '0 ~ ! cl S ~: :.0. -0 i . ~ .! ~. "~! ! ~ ~~.J ~~ I",t u "":0 .IS .~! iif;J! ~t"l!! .. A e ;:: C z :i :3 - = ~ 2 5 ~ ... Ii .. -. .s. 11 J. n~ :;.:.!"t .: . ft+.'P . <'4 ...'" If:) .... 0' '- fI '" ... ." -" ... .. CT L :"= I ; . 3- .. '] ~ :>,."; .1 ')0., ,"...,,'" ~ q:':~~..,tl~ \l'I t ~ <t !; S \. l'\ ,o't,C". ;"'.' .-. .,. <,I.... ~ (J '" ..flof! '... C "'...... YleCof .... 2 S ~ \. . ... "" ,; " In U . ~~ i 2 5 ~ J, 1~ ~.t ~ c1 i'~ li~i 11 .n J'l'! sj~ "" ! . ] ~ . I J & ~ l!~ . .~ U ~ ~ . ~- - !11 2,2 I Ji J 1 ~ j I 11 .j !; .. 1l"~l! 1 '~i ] E;: 'll" .:j: . . :Ifi "0 i.,a !~ s. J"'ilIi wi 1"2 lHI. '.1....1 I i ~ r ~~ .! a g~~' ~"tl!l E ~... .!'4!... _ E", "3 0 ..! 02- . .ll'~ h ~ .': d . t r. ~ ...~ ~i-g ~"il 1" ..- s 0 - "t . ~ '2 -:2 c... · .s-.! 9 >.. :+.. .~ ~ .. 2 .~a iJ~ Iii .. 1;- c ..: -:. 1!8 ~ '121 ~ u. i o z j . .. . to to I H H 11-1 11 il i ..1; i H H ~l;h I I 1 j Ilu in . . m-37 " . <f . . ... ,; N 1 i! .. 5 I .B ! Ii .; .N REGULAnONS -19.22 ~ ~l.ll r; . ~.."~ ~ E ::~ t ] l! .sol ~ ..'l:il ~i~ ;'~ H.., r.' ... .~...!Ii ;i-i ","~r~~ ! H "": 8.~! ~ fa t/l il:~.Q.I- ~.:!J~ 1 ~'1: .- &. l! .~.... 1i -=!! J !c"!I J ~ Hl! c li'i Ii .D. A o z o z ... g ~ -8 .s ~ l ;i ... Xl.. ~~; -'l!~ s:s~ lt~ !n j 5! 1 : '0 'itlS ..- .. N .. 8" .I!!: ti- 8.0' .lP~ .- I i ~ ! .n _ r 1 ; ! ... l! o .J ~ l! o <> .; e-- 8.~ ~.r 'll:i ~.6 i. .- .'0 H ... H o z 1;. . '*' ~ . ~ ,.. or.. .! .. =-~ 3~ i .. \. . .. -:w - . N. ..... i Ii ,~ .. ..., 81 - . . r 1 ;1 . ol:~ I ~'E '!2 at! &~ oj -M&'3/'1f . .GN REGULATIONS -19.22 ~ o c.:l IoU ~ U IoU CIl ~ ::l 'i:: Q o :z ~ < c:: ...l N >- N = IoU CIl ...l :z ~ 8 < :5 c.:l IoU c:::: :z c.:l iii FINAL DRAFT Z ".l! ~ h!- ..! I . ~.. ..I ".II.Iii .. hH lila-a. ;;-i" :.. ;; .f'~"l; l!' ili"i t2 . Q. i ~ ;:: c z ~ " .... = o Z .... - o :;; ~ . 4. -+.j:- .! l -" . ;1: , 3.... 2 S ~ c . ... -;q" . - .. . "'+ j 1l... 2 " 2 x c 2 2 S ~ I Ii H - .. . r 1 Ii ...~ . 1!I . w .. cl! .,; ~ i '5 G ~..z~ t'; !!~~ :s ~~!o .0 "0 ~"C it; c & -.. . ':.0 2 li . ~ ~ ;'.!:i~= '01. .Ji.!!:i c~"cla~" U ;.~.a.". ~ U"~.. E U.. . ._ ~ " c .D C ~ ~ c..liP ~ tIl.Q"R CIlC '" 1/1 'co .-so.. ~.r3 ~~Q..Qo " .D . ~ .,,~ "'''' AI I'll l'lI". -,,&.;; h~p, !~.l!ii1!~ 211 E.i: l!' -.1iaiw , N _ ~ IllSJ!i-8u Ie ill d.pa. _~..81 "~2 :~ .0 j: -":11 . ~ li IS 1)'111 .cE~ ~iio "'jS~ .a".-I 5 '151'.....0 ~i.tE"l; E ~ Sl a: Ii; ~ .... c ii! .. !l D !; c .. .P41 ,& II ~P1H --]f."- .a. _jl" Hi in ... c " - ! -;., 1/1 .~ Ut "e .. l!5:~ c; g, ill i c ~ ~ I :i Ii ! * .. is !; D w l: :I i ~ j Ii "U ... ~ 11 i a _ ill-38 . ;; ~ .j t- .2" : ~ - S it'O ~~ &.: e c 5. ~ ~ -!l" l.l li;; ~2 -Ii - J i;; g.~ i s ~ [ .D :: = s IS Iii e..liP u.. H~U .. .; ~ " II! ~. ..: i ".Z ~!d!'1 1I~.l!-1'" ~i!h! llillH-8~ ;1 nl tU :Jj I: c. _01 IS \. . ... _ "lJ ,; v *~ .~1l- ~ ht~ Hu il ~:i i~ h ~ ~,j ~;I ~I N iii AI c ll.l III .!.)t ~ i5 i ~ !!'H~ ;; ~'I~'. fB~.i~ :!Hf1~.,; c: g a. - ~tll.a..1 lli :.!.ll .. ,Ij . ~ h .. . -n [~ H " .&41 r .~"l; g o~B-= -; 8._.l!' ....1 l!5U.a ~ ;; L i.2 ;. .2' !J ~U - ~ .j U 5j dl_ .D "2 - ~ .; ... ~ p- .. ... 0 ; i 1 ;; " . ~_.. g.~i - g "- .~_.ll'~ - 0" ii 2_-8.. P1l~ i I,. ~ :s~m'!r .. .; . ~ c - < . ... - \l ,; - .. . ..4 b ;; " ,,- if.;. .~ !J "i! g " .. - 0..._ l!' j I .!: .S' h dli! u L .. " . ~-~ _..6; .Ii L,".s ii'.VI & ,,,.a .Il b" ", -a - ~.- 'i5 =.2: ..."2 -o.bC; .3 ,i-; h.& ~~.1! () ..e . ~ il .a. It H ~a. H :i.. c . ~ ,; . . " 11 .. 511! ~ ~..g . =:I!" .~ I ~ ~ ._ ~ . Jl :E c...5 l!' '15 liB .1 .. " ~ol: -" a.~ .u .. ! ~i5 .. -mil- "'/'11 . eGN REGULATIONS -19.22 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 -~.. cha tor maximum area and height ~i~~i~~!i~~~~~t!~~j~1j1~r~~t. J l ] l ] [ ] [ 1 \. ] l 1 l -Tenant Identlllcatlon Maximum Sign Area. 22 sq.ft. Maximum Lener Heloht. 18" El3 Ell3 * ...... ...... ...... ." Note: this diagram Is not Intended to describe the sign's geometric shape. FIGURE 22-2 HIGH RISE BUILDING AND TENANT IDENTlFICAnON SIGN FlNALDRAFI' III-40 M&- '/'7/ . fINAL DRAFT Q - Q - Q - .N REGULA nONS -19.22 .. in 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. FINAL DRAFT ill-49 3/91 . 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. ill-SO 3/91 FINALDRAFI' - -- . 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 FlNALDRAFr m-51 3/91 . 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 FINALDRAFr m-52 3/91 . 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. FINAL DRAFT ill-53 3/91 . 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 m-54 3/91 FINALDRAFr . 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. 3/91 FINAL DRAFT m-55 1----- . 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. FINAL DRAFT ill-56 3191 . . 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 FINAL DRAFr m.57 ~~9/ . 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. FINAL DRAFI' m-ss 3/91 . 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 FINAL DRAFI' m-59 3191 . 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. FINAL DRAFT m-60 3/91 . 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. i11-61 3/91 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. FINALDRAFf m-62 3/91 - , . 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. FINAL DRAFT m~ 3/91 . 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. FINAL DRAFT moM 3/91 . 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 FINALDRAFr m~ 3/91 . . 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. FINAL DRAFT ill-66 3/91 . 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. FINAL DRAFT m~7 3/91 . . ~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. FINAL DRAFT m-68 3/91 . ~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) FINAL DRAFT m-69 3/91 . ~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. FINALDRAFI' m-70 3/91 . . ~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. '. FINAL DRAFT m-71 3/91 . r 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 > .. .,; .. .. '" ,; .. .. " m-72 3/91 . ~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. FINAL DRAFl' m-73 . ~ '. 3191 . . 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. FINALDRAFI' m-74 .!JIIJ& 3/"l1 . ~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. FINAL DRAFI' ill-75 3/91 ( I \ " '\ \ ~ . ~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. FINAL DRAFT m-76 ~ '. ~1 Co r&~ 5i:~ <;L 1:1J. ~~ ~ 3191 . . 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. FINAL DRAFT m-79 3/91 . 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 FINALDRAFI' m~ 3/91 . t\ 1-;- hl.rlf't't:\ I" ;- . 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~ ~ . ~~.~ m-81 3/91 FINAL DRAFT . 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; FINAL DRAFT ill-82 3/91 . 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; FINALDRAFI" m-83 3/91 . SUB.ION REGULATIONS .19.30 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 FINAL DRAFT m-84 3/91 . 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. FINALDRAFf m-ss 3/91 . SUB.rON REGULA nONS -19.30 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. FINALDRAIT ill-86 3/91 . SUBaSION REGULATIONS -19.30 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. FINALDRAFr W-87 3/91 . SUB. ION REGULATIONS -19.30 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. FINALDRAFI' ill.ss 3/91 . SUU.JON REGULATIONS -19.30 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. FINALDRAFr ill-89 3/91 . SUB.SION REGULA nONS .19.30 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; FINAL DRAFT m-90 3/91 . 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. FINALDRAFI' ill-!ll 3/91 . SUB.SION REGULATIONS -19.30 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). FINAL DRAfT III-92 3/91 . SUB.IONREGULATIONS-19.30 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. m-93 3/91 FINALDRAFr . SUB.SION REGULA nONS -19.30 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 . 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. FINAL DRAFT ID-95 3/91 . SUBWSION REGULATIONS .19.30 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; FlNALDRAFr ill-96 3/91 . 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. FINALORAFT m-97 3/91 . SUBWSION REGULA nONS .19.30 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. W-98 3/91 FlNALDRAFr . 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. FINALDRAFr ill-99 3/91 . 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: FINALORAFl' m-lOO 3/91 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; FINALDRAFr m-10l 3/91 . 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. FINALDRAFr 1lI-102 3/91 ~ . 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. .._--_._._--~ FINAL ORAFI' m-l03 3/91 . 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. FlNALDRAFI' ill-1M 3191 - - - . 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 FlNALDRAFI' IV-3 3/91 . .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. FINALDRAFI' IV-4 3/91 . .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. FINAL DRAfT IV -.n:: 6 3/91 . 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. FINALDRAFr IV-~ 10 3/91 . 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; FINALDRAFI' IV-,)6 '/ 3/91 . 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 FINAL DRAFT IV-~ '-:) 3/91 . .' ) 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. FINALDRAFf IV-~ ~ 3/91 . . 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. FlNALDIlAFT IV-~ I() 3/91 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. FINALDRAFr IV-~ Ii 3/91 . . 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. FINALDRAFr IV.~ \ a- 3/91 - - - - ..... . ~ *' 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; FINAL DRAFT IV-lW l, 3/91 . ~ </0 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. FINALDRAFf IV* H 3/91 - - - . 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; FINALDRAFI" IV~ L0 3/91 . ~ LID 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. FINALDRAFI' IV~ {~ 3191 . 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$.090 APPROVED DEVELOPMENT AGREEMENTS Pursuant to this Chapter, development agreements approved by the Council are on file with the office of the City Clerk. FINALDRAFI' IV~ n 3/91 . a. 1./. DEVELOPME~ODE AMENDMENTS -19M <10- CHAPTER 19.,56 DEVELOPMENT CODE AMENDMENTS .fq- 19.$(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. FINALDRAFI' IV.~ 1-3 3/91 . 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. FINALORAFr IV-~ \1 3/91 ~---~ . &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; FINAL DRAFT IV,z.1 ::to 3/91 . &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. IV.~ J-I 3191 FINALDRAFr . 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. FINALDRAFr 1V-)5 a-d-' 3/91 ~v . 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. FINALDRAFf IV-il if? 3191 ~ 19.n.040 . ,<" 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. FINALDRAFI' IV~ d-4- 3/91 . ~ I((P 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. FINAL DRAFI' IV1( ~ 3/91 . . /k"b 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. IV1S- )!P 3191 FINALDRAFr . d ~"6 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. IV~ ~1 3/91 FINAL DRAFI' . ~ . y~ ~ 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. FINAL DRAFT IVit ;t- 'b 3/91 . ,,") 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). FINAL DRAFI' IV~ ~'l 3/91 . . . ~ 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. FINALDRAFr IV~ ')0 3/91 - . ,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. FINAL DRAFI' IV-~ j \ 3/91 . ~ AND PARCEL MAPS -19.JO J1 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. FINALDRAFr IV -g;( "3 if- 3/91 . ,,) 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. FINAL DRAFT IV-!lil '3? 3/91 . .,k) ~ 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. FINALDRAFr IV-~ '34 3/91 .(, . '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). F1NALDRAFr IV-M ?/7 3/91 1./ . 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; IV~ 3(p 3/91 FINALDRAFr . (j 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). FINAL DRAfT 1V?ll 37 3/91 "';""J . 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(} FINALDRAFI' IV-"! T~ 3/91 t~ ~,,~ 'd-' 3. "'/.' . 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. FINALDRAFI' IV-75 ')1 3/91 ~' . 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. IV-"! fo 3/91 FINALDRAFr . 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. FINAL DRAFT IV-~ ~( 3/91 -- --- --- -.......------ -- '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; FINALDRAFr IV'('-t-o 3/91 . ? 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. FINAL DRAFT rv.~ 4~ 3/91 . 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. FINALDRAFr IV~ ~~ 3/91 . . ::>'" 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, IV1L tfJ 3/91 FINAL DRAFT . . .,~ !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. FINALDRAFr IV-~ ~ 0 3/91 . 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. FINAL DRAFT IV-~ tfl 3/91 .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; FINALDRAFr IV""" 'n 3/91 . it ~~ 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. FINALDRAFr IV-~ ,-/4 3/91 . .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. FINAL DRAFI' IV-13 "50 3/91 . a. her 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. FINAL DRAfT IV. tS ( 3/91 3. . _ 10, 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. FINALDRAFI' IV-;q t7r 3/91 . ~ - 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. FlNALDRAFr IV-j{ "53 3/91 . 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:> FINALDRAFI' IV-1{ ?4 3/91 . . ~- 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). ~;}- IV.~ ti&; 3/91 FINALDRAFr , c . . . 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. FINALDRAFI' IV-~ t7 V 3/91 . "'- .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.- FINALDRAFr IV-~ tS/ 3/91 ~(, . 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. FINALDRAFI' IV-~ tSD 3191 . bi- .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. IV-3j ff7 3/91 FlNALDRAFr . . "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.) IV.~ ~O 3/91 FINALDRAFr . . SUBDIVISION MAPS -19./i '- 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. FlNALDRAFr IV-~f. ~ ( 3/91 _J - ~, .UBDIVISION MAPS -19.111 - 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. IV-~ 0r 3/91 FINALDRAFI' ,. _ ~ 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. FlNALDRAFf IV-3,6 "'3 3/91 - .SUBDIVISION MAPS -19.$l 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. IV-V ~'t 3/91 FINALDRAFr . 'l- 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; FINAL DRAFT IV-3,$ 1/5 3/91 . .SUBDIVISION MAPS -19.ft 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. IV-~ r,,~ 3/91 FINAL DRAFT . 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. FlNALDRAFr IV11, ~ 1 3/91 . .SUBDIVISIONMAPS-19.k- 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. FINAL DRAFT IV~ 4ft ~~. 3/91 . "'~ 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); FINALDRAFr IV~ ~l 3/91 . .DIVISION MAPS -19.<< L. M. N. o. P. Q. ~~ 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. FINALDRAFr IV1!- '70 3/91 . . 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. FINAL DRAFT 3/91 IV~ It < . 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. FINALDRAFI' IV~ 70- 3/91 . , 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; IV~ 7? 3/91 FINALORAFf . 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. IV. 7'-1- 3191 FINALDRAFr . 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 f7J- 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). "l 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. -t 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. FINALDRAFr IV4rI 7'3 3/91 . 70 ~RARY USE PERMITS -19~ CHAPTER 19.?6 TEMPORARY USE PERMITS ,0 19.~.010 PURPOSE The Temporary Use Permit allows for short-term activities which may be appropriate when regulated. . 70 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; IV~ 7 C, 3/91 FINALDRAFr . 70 ~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-- 70 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 76 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; FINAL DRAFT IV,ld 77 3/91 . ~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. 10 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; .310.0'50 2. That the Temporary Use Permit was obtained by misrepresentation or fraud; FINAL DRAFT IV.W '7 '6 3/91 . 76 ~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. FINAL DRAFT IV.~ 71 3/91 -- - ~~ . . 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. 1 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). 1 3d- 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 FINAL DRAFT IV-j,& ~O 3/91 - ~ . . 7 VARIANCES -19.41 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. IV-t11 cg ( FINALDRAFI' 3/91 . 19.~2.060 PRECEDENTS e VARIANCES -191 The granting of a prior Variance is not admissible evidence for the granting of a new Variance. '1 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. 1 . 7J.. oOSo 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. '1 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). '1 .C:;a..o~c) 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: . '7~. 0".10 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. FINAL DRAFT rv-14 "O;r 3/91 . e 7 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. FINALDRAFI' IV-~ '6") 3/91 . e EXHIBIT 2 . ORDINANCE NO. e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ ~ 24 ~ 26 27 28 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 IIII IIII 1 . e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. IIII IIII 2 . e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, IIII IIII 3 . e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 5 - EXHIBIT 3 e . . RESOLUTION NO. 1 2 3 4 5 6 7 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 1 RESOLUTION.~STABLISHING DESIGN GUID~ES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENT...FOR LANDSCAPE DESIGN AS PART OF THE DEVELOPMENT CODE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ~ '. 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 FINAL DRAFI' n.32 3191 . e' 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 FINAL DRAFT U-33 3J91 . 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 .. III Varied Lot Widths Lot Orientation FINAL DRAFT D-M 3191 . 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 FINAL DRAFT D-35 3191 . RESlDE~ESIGN GUIDELINES - G19./U 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. D.36 3191 . RESlDE~ESIGN GWDELlNES - GI9.Of 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. FINAL DRAFI' D.37 3/91 . 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. . FINAL DRAFT n-38 3191 . 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 FINAL DKAFI' D.39 3/91 . . 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. FINAL DRAFl' D-40 3/91 . 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. . D-41 3/91 . 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 FINAL DRAFI" D-42 3/91 . . 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 FINAL DRAFT D-43 3191 . . 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. FINAL DRAFT D-44 3/91 . 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. FINAL DRAFT D-45 3191 . . 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 ................ FINAL DRAFT D-46 3/91 . 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. FINAL DRAFT ll-47 3191 . 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. FINAL DRAFT 0-48 3191 . REsmE~ESIGN GWDELINES - G19.04 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 FINAL DRAFT D-49 3/91 - . 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 FINAL DRAFr u-so 3/91 - . 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. FINAL DRAFT D-S1 3191 . 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. FINAL DRAFT n.S2 3/91 . 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. FINAL DRAFT D-S3 3/91 . 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 FINAL DRAFT n-M ~ Alley 3191 ~ o OJ tD OLJLJ FINAL DRAFT . 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 , -:1-: D o 7f9Q i'?/ . 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~.:.: IfJ~~'~11. ..~ .:%:)(:1 .....,................. w:%1 0: ..~ UNACCEPTABLE INFIU OF MF Unacceptable Intlll of Multi-family structures does not conform to articulation and scale of adjacent single family structures. . '11 (1:#/ .;ll!: OJ}.. 0 0 m',"""", .iG fQiOi~.'fujg~~ .. ACCEPTABLE INFIU OF MF Appropriate intlll of Mum-Family units transitions and conforms to architectural articulation of adjacent single family structures. FINALDRAFI' n.s7 01.J 7f<J&- :r/'!( ~ \:IlV~ <1 / I I . . ~>t~#j<"...[ b ml!NTlAt'i - 5 -1IloIIt- q '7' ()l 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 FINAL DllAF1' 3191 n-S7 '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 FINAL DRAFI' U-117 3m . .. 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 €~~:::::~z:j:t~::f:~~j~~~j~: ::.::::::::->x.-::-.<-:..:::-..... ~$mff.g~~M!m~l I I"""". ......... ~t~~~j ;:::;:;:! DO THIS DON'T DO THIS FlNALDRAFI' D.118 3/91 . 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. -..-..-..-..-..-..-..-..-.. :t~ 5i @ -,!! ~~ I~~~ . . ~J ..' .'7 I I I I II J{;rrfITI ". :~_.~,~r. lazas In ~ ~SpItC/a1 pavltmltnl and landseaPlt cg=~:nl locations. 200' MIN. Itnhaneltmltnl at primary Itnlranelt. Prltfltmld , FINAL DRAFI' n.ll9 3191 . 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. ............... :.~:.:.:.:.:.: ~~::::::::~. !;l!ljt~ ~'...'.'.'.'.' It I ............. ::::::~::::: :.:0:':-:';" .;.:.:.:.:-: ~~~~~1~~~ ~~{t I[i~i~l ~!J!~~M~ :.;.:.:.:.:.:.:.;.: ~~i~lrf ':':';':'>>:'.. DO THIS 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. FINAL DRAfT n.m 3/91 . 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 ~ &tttttHtttttt1t ~ z Dllcouraged ) P,,'erntd FINALDRAFT n,122 1"J I "'H9ll :1/''11 . 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. FINAL DRAFT n~wl ),+- "'H9& :1 fit . COMMERCIAL .GN GUIDELINES - GI9.06 FINAL DRAFt' n.123~ ~'3f/ ~ ~ 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. FINAL DJlAFI' n.m 3191 . 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 FINAL DRAFT n-us 3191 ,u__ - 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. ~~.' " -1 ~--{f. " Elevcmon of Staggered Well ~ 70' I}~;,~ Elevation of Plant.s/Wall .J"~~_ ...:_,... A~' 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 ;:~ _.I~~ FINAL DRAFI' n.w 3191 . . 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 n.U7 3/91 - 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. FINAL DRAfT D-128 3/91 - 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. U-129 3/91 FINAL DRAFT I . COMMERC.ESIGN GUIDELINES - GI9.06 " ~ " 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. FINAL DIlAFT 0-130 3/91 . 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 FINAL DRAFI' n-131 3191 . 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. . n-132 3191 FINAL DIlAFT . 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 n-137 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' n-139 'mft"3!9/ ,- . . 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 U-145 ~!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 -m&- 3(q I _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. FINAL DRAFT n-ll1 -'ffl&- J /'7 ( .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. FINAL DRAFT n.m -me J III . 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. ! . . FINAL DRAFI n.m 3191 . . 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. FINAL DRAFI' W-42 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. ~ 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. FINALDRAFT 9f9& $;" W-43 . 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 FINAL DRAFT 1lI~ -M& ~I . 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 FINAL DRAFI' m~ -MIl J/7'1 . 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 FINAL DRAFT W-46 ffl& $;9r . 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. FINAL DRAFT W~1 -Me- .3 f;; . 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. FINAL DRAFI' "m& J lit W-48 I 1" I' A:.. q. , /. 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 FINAL DRAFI' w.n 3191 . . 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. FINALDRAIT m-78 3/91