Ordinance - 1992ORDINANCE NO. 1992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, AMENDING CERTAIN SECTIONS OF
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL
CODE TO INCORPORATE REGULATIONS FOR AN
ADMINISTRATIVE USE PERMIT PROCEDURE (CODE
AMENDMENT NO. 277).
WHEREAS, the Planning Commission did, on the 28th day of January,
1997, initiate the process for a code amendment to develop a procedure for
Administrative Use Permits (Code Amendment No. 277); and
WHEREAS, the Planning Commission did, on the 25th day of February,
1997, conduct a duly advertised public hearing as prescribed by law at which
time the Planning Commission adopted Resolution No. 2-97-4416,
recommending to the City Council approval of Code Amendment No. 277 related
to Administrative Use Permits; and
WHEREAS, the City Council considered evidence presented by the
Planning Commission, Planning Department, and other interested parties at a
duly advertised public hearing on the 18th day of March, 1997; and
WHEREAS, studies and investigations made by the City Council and in
its behalf reveal the following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) currently
includes several different administrative review procedures for various
uses and/or structures throughout different sections of Chapter 26; and
2. Adopting a uniform procedure for Administrative Use Permits will be
beneficial to project applicants and the West Covina community as a
whole; and
3. Adopting a uniform procedure for administrative review will further the
City's efforts to streamline the permit process and improve customer
service and satisfaction; and
4. It has been determined that the project will not have a significant effect on
the environment and is categorically exempt from . the provisions of the
California Environmental Quality Act (CEQA).
NOW, THEREFORE, the City Council of the City of West Covina does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence presented and the findings set
forth, Code Amendment No. 277 is hereby found to be consistent with the West
Covina General Plan and the implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set
forth, the City Council of the City of West Covina hereby amends Chapter 26
(Zoning) of the City of West Covina Municipal Code to read as shown on Exhibit
49 "A."
SECTION NO. 3: The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published as required by law.
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Code Amendment No. 277
Administrative Use Permits
March 18. 1997 - Page 2
•
PASSED AND APPROVED on this i'st day of 'Apri,l ;i 1997.
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that
the foregoing Ordinance No. 1992 was regularly introduced and placed upon
its first reading at a regular meeting of the City Council on the 13th• day of
Ha.rch;-:ry, 1997. That, thereafter, said Ordinance was duly adopted and passed
at a regular meeting of the City Council on the ist day of AARri 1 , 1997.
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSENT: None
APPROVED AS TO FORM:
&T.
At Q( a� `i Y I a 1c ail
City Attorney
City Clerk
,(/�
ZAMORDINSAHWDMUSE.DOC
EXHIBIT "A"
Art. VI. Procedure, Hearings, Notices, Fees and Cases, §§ 26-199-26-297
Div. 1. Generally, §§ 26-199-26-225
Div, 2, Precise Plan, §§ 26-226-26-245
Div. 3. Conditional Use Permit, §§ 26-246-26-260
Div. 4. Variances and Slight Modifications, §§ 26-261-26-269
Div. 5. Administrative Use Permits, §§ 26-270--26-274
Div. 6. Environmental Assessment Guidelines and Procedures, §§ 26-275--26-286
Div. 7. Large -Family Day Care Homes, § 26-287
Div. 8. Preservation Protection and Removal of Trees, §§ 26-288-26-295
Div. 9. Single -Family Dwelling Units —Large Expansion and Maximum Unit Size Exception, §§ 26-
296.1000-26-297
ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES
1
DIVISION 1. GENERALLY
Amend Section 26-199 to read as follows:
Sec. 26-199. Form of application and type of required information.
The planning commission shall prescribe the form in which applications are
made for changes in zone boundaries or classifications, for variances, conditional use
permits, administrative use permits, or approval of precise plans of design. It may
prepare and provide blanks for such purpose and may prescribe the type of
information to be provided in the application by the applicant. No application need be
accepted unless it complies with such requirements.
Amend Section 26-202 to read as follows:
Sec. 26-202. Filing fees.
Filing fees shall be paid as established by a resolution of city council.
(a) If, pursuant to section 26-276 and the guidelines and procedures for the
evaluation of environmental impact of proposed projects, the planning director
declares that a proposed action is not categorically exempt from the provisions of the
California Environmental Quality Act of 1970, the developer shall be required to pay
the required environmental impact report filing fee as established by a resolution of the
city council at the time the application to prepare or process required environmental
impact documents is accepted.
Amend Section 26-205 to read as follows:
Sec. 26-205. Setting hearings.
(a) All proposals for amending zone boundaries or classifications of property
uses within such zones, general plan amendments, conditional use permits, precise
plans, amendments and reclassifications as are defined by this chapter, or the granting
of variances (except slight modifications), as provided in this chapter, shall be set by
the secretary of the planning commission for public hearing when such hearings are to
49 be held before the planning commission, by the clerk of the city council when such
hearings are to be held by it.
(b) All proposals for administrative use permits shall be considered by the
planning director in a public hearing when the applicant or any other party affected by
the proposal submits a written or oral request for a hearing to the planning department
within the specified public review period. In accordance with section 26-206(d),
surrounding property owners shall be mailed a notice that describes the proposed
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Code Amendment No. 277
Exhibit "A" - Page 2
project and indicates the last date that a request for a public hearing may be filed. A
hearing will only take place if a request for such hearing is made with the planning
department within the prescribed time period. If such a request is received, a notice
shall be mailed in accordance with section 26-206(d) to state the date. time, and
location of the scheduled public hearing. If no request for hearing is received within
the stated time, the planning director shall have the authority to approve, approve with
conditions, or disapprove the proposal without benefit of a hearing. Conversely, the
planning director may elect to not rule on the proposal prior to noticing and transfer the
matter directly to the planning commission, to be heard within 30 days from the date
this election by the planning director is provided in writing to the applicant.
(c) The date of the first of the hearings shall be not less than ten (10) days from
the time an application is accepted as complete, or the adoption of a resolution, or the
making of a motion. All times as set out herein shall be calendar days unless otherwise
indicated.
Amend Section 26-206 to read as follows:
Sec. 26-206. Notices.
Notices of public hearing stating the type of application or nature of proposal,
general description of property under consideration, and the time and place at which
the public hearing is to be held shall be given in the following manner:
(a) For a reclassification of property from one zone to another,
redesignation of a property from one general plan land use designation
to another or for a variance (except slight modifications), conditional use
permit, or precise plan of design:
(1) At least ten (10) days prior to the date of the hearing, a public
notice shall be published in a newspaper having general
circulation in the city; and
(2) A notice of public hearing shall be mailed to the owners of all
property within a radius of three hundred (300) feet of the exterior
boundaries of the property under consideration, using for this
purpose the name and address of such owners as shown upon
the latest available assessment rolls of the county assessor. The
notices shall be mailed at least ten (10) days prior to the date of
the public hearing.
(3) Both mailing and publication are to be used in all instances
unless otherwise directed by the city council.
(b) For amendments, supplements or changes to the zoning ordinance that
do not reclassify any property from one zone to another but do impose,
change, or remove any new regulation on the use or development of
property and for amendments to the general plan text:
(1) At least ten (10) days prior to the date of the hearing, a public
notice shall be published in a newspaper having general
circulation in the city.
(c) For slight modifications:
(1) A notice of public hearing shall be mailed to the applicant and to
the owners of all property abutting or affected by the subject
property or separated therefrom only by a street or alley, at the
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Code Amendment No. 277
Exhibit "A" - Page 3
address of such owners as shown on the last equalized
assessment roll. The notices shall be mailed at least ten (10)
days prior to the date of the hearing.
(d) For administrative use permits:
(1) A notice that describes the proposed project and indicates the
length of the public review period (including the last date that a
request for public hearing may be given to the planning
department) shall be mailed to owners of surrounding property as
indicated below. The public review period shall extend for ten
(10) days from the date that the initial notice was mailed, except
in the case of large family day care homes which shall have a
public review period of fourteen (14) days. If a request for a
hearing is received during the specified time, a notice shall be
mailed a minimum of seven (7) days prior to the date of the
hearing, indicating the date, time, and location of the scheduled
public hearing.
a. 100-foot noticing radius: Notices shall be mailed to the
property owners and occupants of the subject site and all
properties located within a radius of 100 feet of the exterior
boundaries of the subject site in the case of applications
for the following purposes: large family day care homes,
miniature pot-bellied pigs, and sign exception review.
b. 300-foot noticing radius: Notices shall be mailed to the
property owners and occupants of the subject site and all
properties located within a radius of 300 feet of the exterior
boundaries of the subject site in the case of applications
for the following purposes: large expansion and maximum
unit size exception, retaining walls, and building and roof -
mounted wireless telecommunication antennae facilities.
Amend Section 26-212 to read as follows:
Sec. 26-212. Appeal procedure.
(a) Anyone so desiring may appeal a decision of the planning director or the
administrative review board to the planning commission in writing. A decision of the
planning commission may be appealed to the city council in writing. Specific issues to
be considered for an appeal shall be identified in the written request. The request shall
be accompanied by an appeal fee as established by a resolution of the city council,
and mailing labels for notification purposes. The request shall be submitted to the
planning department for appeals of the planning director's or the administrative review
board decisions or to the city clerk's office for an appeal of the planning commission's
decision, within the time periods specified below. Such an appeal shall suspend and
set aside the decision of the planning commission, administrative review board, or
planning director, as the case may be. In the event of an appeal wherein multiple
applications are involved, the least restrictive of the time periods specified below shall
apply.
(1) General plan amendment: Five (5) calendar days after adoption of the
resolution recommending approval or denial by the planning
commission.
(2) Zone change denials: Five (5) calendar days after the adoption of the
resolution for denial by the planning commission.
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Code Amendment No. 277
Exhibit "A" - Pape 4
(3) Conditional use permit, variance (except slight modifications) or precise
plan: Twenty (20) calendar days after adoption of the decision resolution
by the planning commission.
(4) Tentative tract and parcel maps: Ten (10) calendar days after adoption
of the decision resolution by the planning commission.
(5) Decisions of the administrative review board for slight modifications:
Fifteen (15) calendar days after adoption of the decision by the review
board.
(6) Decisions of the planning director for minor amendments to a conditional
use permit or precise plan: Fifteen (15) calendar days after adoption of
the decision by the planning director.
(7) Decisions of the planning director for administrative use permits and sign
administrative review. Seven (7) calendar days after adoption of the
decision by the planning director.
(8) Tree permit. Fifteen (15) calendar days after a determination is rendered
on a permit, and said appeal shall comply with the procedures outlined
in section 26-293(d).
(b) Any city council member within the same time periods specified in
subsection (a) of this section may also, in either a regular or special meeting, initiate
such appeal. Upon being notified of such appeal by the clerk of the city council, the
planning commission secretary shall immediately transmit to said clerk the complete
file in the case.
(c) The city council shall conduct a public hearing on the appeal within thirty
(30) days from the date of notification of the appeal, or as otherwise specified by the
city council.
(d) When considering an appeal, the city council may approve or deny the
recommendation of the planning commission, or modify the project.
Amend Division 5, Section 26-270--26-280 as follows:
DIVISION 6. ENVIRONMENTAL ASSESSMENT GUIDELINES AND PROCEDURES
Sec. 26-275 To be in accordance with city standards.
Environmental assessment guidelines and procedures for the evaluation of the
environmental impact of proposed public or private projects shall be established by a
resolution of the city council.
Sec. 26-276 - 26-286 Reserved.
49 Add a new Division 5 to read as follows:
DIVISION 5. ADMINISTRATIVE USE PERMITS
Section 26-270. Planning director may grant administrative use permit.
(a) An administrative use permit may be required for certain uses or structures
that possess unique characteristics and which should only be approved with the
benefit of public notice.
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Code Amendment No. 277
Exhibit "A"- Page 5
(b) After an application is received and public notice is provided in the manner
stated in division 1 of this article, the planning director shall be authorized to approve,
approve with conditions, or disapprove an application for an administrative use permit.
If a request for a public hearing is received during the public review period, an
administrative hearing before the planning director shall be required. If no request for
hearing is received within the specified time, the planning director shall have the
authority to take action on the application without benefit of a public hearing. Approval
shall be based on the findings indicated below, as well as the findings required by the
code section particular to the administrative use permit request.
(c) The planning director may elect to not rule on a request for an administrative
use permit and transfer the matter directly to the planning commission, to be heard
within 30 days from the date this election by the planning director is provided in writing
to the applicant.
Sec. 26-271. Amendment to an administrative use permit.
(a) The planning director may grant an amendment to an administrative use
permit after all procedures as set forth for an original application are met, except that
the request for such amendment may be in letter form in -lieu of the required
application form.
(b) The planning director may approve in writing minor modifications to an
administrative use permit without the benefit of public notice when he or she
determines that such modifications do not adversely affect the public interest or the
interest of owners of neighboring properties or substantially alter the plan for such use.
Sec. 26-272. Failure to utilize an administrative use permit.
(a) An administrative use permit approved in conjunction with a development
entitlement that is dependent thereon (such as a precise plan, parcel or tract map,
conditional use permit, etc.) shall expire on the same expiration date as the
development entitlement. Approval of a time extension for such development
entitlement shall constitute the approval of a time extension for the administrative use
permit on which the development entitlement is dependent.
(b) Failure to utilize an administrative use permit within one year of its effective
date (unless approved in conjunction with other development entitlements or extended
by action of the planning director) will automatically invalidate such administrative use
permit.
(c) Extensions of time up to a maximum of one (1) year may be granted from the
date of expiration of the administrative use permit by the planning director when
extenuating circumstances can be clearly shown by the applicant. The request for the
extension shall be submitted to the planning director in writing prior to the expiration
date and shall clearly state the reasons why the administrative use permit has not
been utilized. In considering a request for an extension of time, the planning director
may approve, modify, add conditions, or deny the request. The decision of the
planning director may be appealed to the planning commission in accordance with the
procedures set forth in section 26-212 of this chapter.
(d) In the event that the use for which an administrative use permit has been
granted is discontinued for a period of six (6) months, the administrative use permit
shall become null and void.
Sec. 26-273. Revocation.
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Code Amendment No. 277
Exhibit "A" - Page 6
(a) The planning director may revoke or suspend an administrative use permit
upon finding that:
(1) The use is detrimental to the public health, safety or welfare or is a
nuisance; or
2 The permit was obtained b fraud; or
O P Y ,
(3) The use has not been exercised prior to the expiration date of the
administrative use permit; or
(4) The use has ceased or been suspended for a period of six (6) months or
more; or
(5) The conditions of approval have not been complied with; or
(6) The required findings for an administrative use permit (as specified in
section 26-271) have been violated; or
(7) The use is not being operated in the manner or for the purpose
contemplated by the approval of the permit.
(8) The development entitlement dependent thereon has been revoked or
suspended.
(b) After notice of the alleged violations has been given by the planning director
to the permittee and the noticing procedure for an administrative use permit as stated
in sections 26-205 and 26-206 has been complied with, the review of the
administrative use permit for possible revocation or suspension may commence.
Sec. 26-274. Compliance required.
No person shall violate or fail to comply with any approved administrative use
permit or any conditions or provisions thereof nor shall a building permit be issued for
any structure which would violate or fail to comply with any approved administrative
use permit for the parcel or parcels on which such structure is to be located. In the
event any such permit is issued, it shall be null and void and have no further effect.
DIVISION 7. LARGE -FAMILY DAY CARE HOMES
Amend Section 26-287 to read as follows:
Sec. 26-287. Administrative use permit required.
(a) Purpose. The purpose of this division is to establish a regulatory process
that encourages the development of licensed large family day care homes within this
city. This section acknowledges Chapter 3.6 of the California Child Day Care Facilities
Act, which addresses the dire shortage of quality child care in this state, and which is
expressly intended to facilitate the expansion of child care services in a traditional
home setting.
(b) Permit. Pursuant to the provisions of Health and Safety Code Section
1597.46(a)(3), a large family day care home shall not be established in a residential
district without first obtaining the approval of an administrative use permit from the
planning director as set forth in article VI, division 5 of this chapter. The permit shall be
granted if the large family day care home complies with all city ordinances prescribing
reasonable standards, restrictions and requirements concerning spacing and
concentration, traffic control, parking, and noise standards (taking into consideration
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Code Amendment No. 277
Exhibit "A" - Pape 7
the noise levels generated by children). Furthermore, the large family day care home
shall comply with Health and Safety Code Section 1597.46(d) which sets those
additional standards regarding the fire and life safety of the children in these homes,
as published in Title 35 of the California Administrative Code, and any regulations
adopted by the State Fire Marshal pursuant to that subdivision.
Before an application for an administrative use permit for a large
(c) Findings.pp p g
family day care home may be granted, the following findings must be made:
(1) The facility is the principal residence of the provider and the use is
clearly incidental and secondary to the use of the property for residential
purposes.
(2) No structural changes are proposed which will alter the character of the
single-family residence.
(3) Provisions have been made to provide on -site parking for each
employee. The residential driveway, garage, carport or any other
designated parking area in a multiple family type development is
acceptable if the parking space will not conflict with any required child
drop-off/pick-up area and does not block the public sidewalk or right-of-
way.
(4) Residences located on major arterial streets must provide a drop-
off/pick-up area designed to prevent vehicles from backing onto the
major arterial roadway.
(5) The provider has secured a large -family day care home license from the
State of California, Department of Social Services.
(6) The noise regulations set forth in chapter 15, Article IV shall apply,
taking into consideration the noise levels generated by children.
(7) Traffic generated by the large -family day care home shall be consistent
with the past traffic volumes and patterns within the surrounding
neighborhood.
(8) Garages shall not be used as a family day care play area unless
alternative on -site covered parking is available to meet minimum
residential parking requirements and the garage is improved to meet
building and fire code regulations as a habitable space.
(9) There shall be no sign or other exterior evidence identifying the day care
operation.
(10) The location of the -proposed large family day care home is a minimum
distance of three hundred (300) linear feet from any other existing large
family day care home, as measured from building to building.
DIVISION 8. PRESERVATION, PROTECTION AND REMOVAL OF TREES
49
DIVISION 9. SINGLE-FAMILY DWELLING UNITS -LARGE EXPANSION AND
MAXIMUM UNIT SIZE EXCEPTION
Amend Sec 26-296.1200 to read as follows:
Sec. 26-296.1200. Administrative use permit required.
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Code Amendment No. 277
Exhibit "A" - Pa-ge 8
Any person desiring to build a structure or an addition to an existing structure
which is a large expansion or exceeds the maximum unit size as set forth in section 26-
401.5 shall be required to file with the planning director an application for an
administrative use permit for a large addition or exception as set forth in article VI,
division 5 of this chapter.
Amend Section 26-296.1300 to read as follows:
Sec. 26-296.1300. Findings.
Before an application for an administrative use permit for a large expansion or
maximum unit size exception may be granted, the following findings must be made:
(a) The lot and proposed development is consistent with the general plan,
zoning, and meets all other applicable code requirements.
(b) The development utilizes building materials, color schemes and a roof
style which blend with the existing structure, if any, and results in a
development which is harmonious in scale and mass with the
surrounding residences.
(c) The development is sensitive and not detrimental to convenience and
safety of circulation for pedestrians and vehicles.
(d) The development can be adequately served by existing or required
infrastructure and services.
(e) The design of the structure has given consideration to the privacy of
surrounding properties through the usage and placement of windows
and doors, cantilevers, decks, balconies, minimal retaining walls, trees
and other buffering landscaping materials.
(f) The development is sensitive to the natural terrain, minimizes necessary
grading, de-emphasizes vertical massing which could disrupt the profile
of a natural slope, and does not impede any scenic vistas or views open
to the public or surrounding properties.
Delete Sections 26-296.1400 and 26-296.1500 in their entirety.
Sec. 26-297. Reserved.
ARTICLE VII. SIGNS
Amend Section 26-326 to read as follows:
Sec. 26-326. Sign exception review.
(a) Applicability. The following types of signs shall be subject to approval through a
sign exception review:
49 (1) Freeway bonus signs.
(2) Projecting signs.
(3) Roof signs.
(4) Readerboard signs.
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Code Amendment No. 277
Exhibit "A" - Page 9
(b) Administrative use permit required. Any person desiring a sign which is subject
to sign exception review shall be required to file with the planning director an
application for an administrative use permit as set forth in article VI, division 5 of
this chapter.
(c) Findings. Before an application for an administrative use permit for sign
exception review may be approved, the planning director shall determine that
the proposed sign complies with the provisions of this article, including, but not
limited to, the design standards contained in division 5 of this article.
Notwithstanding the above, the planning director shall be authorized to approve
the design of proposed signs that deviate from the design standards contained
in section 26-331, if the following findings are made:
(1) The modified design would be more appropriate within the physical
setting in which the sign is proposed to be located, considering such
factors as consistency with the design of other adjacent or surrounding
existing signs and buildings; and/or the modified design would provide
necessary visibility and exposure of the sign, considering such factors as
topography, building configuration, or tenant space location in relation to
the parking lot or street; and
(2) The modified design is consistent with the general plan, any adopted
area plan or specific plan for the area, and any adopted sign program for
the site.
Article VIII. Residential Agricultural Zone/One-Family Zone
Amend Section 26401.5 to read as follows:
Sec. 26-401.5. Maximum unit size.
(a) [The maximum size of units in developmental areas shall governed by the
following table:)
Lot size (sq. ft.): Maximum Unit Size
(Gross Floor Area in Sq. Ft.)
Under 20,000
.35 F.A.R. or 3,999, whichever
is less
20,000 - 24,999
4000
25,000 - 29,999
5000
30,000 - 34,999
6000
35,000 - 39,999
7000
40,000+
8000
As these figures reflect the maximum allowable unit sizes, they shall not be regarded
as an automatic right. Each proposal shall be reviewed on a case by case basis and
requires approval of the planning director subject to the following findings:
(i) The lot and proposed development is consistent with the general plan,
zoning, and meets all other applicable code requirements.
The development utilizes building materials, color schemes and a roof
style which blend with the existing structure, if any, and results in a
development which is harmonious in scale and mass with the
surrounding residences.
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Code Amendment No. 277
Exhibit "A" - Page 10
(iii) The development is sensitive and not detrimental to convenience and
safety of circulation for pedestrians and vehicles.
(iv) The development can be adequately served by existing or required
infrastructure and services.
v The design of the structure has given consideration to the privacy of
() 9 9 p Y
surrounding properties through the usage and placement of windows
and doors, cantilevers, decks, balconies, minimal retaining walls, trees
and other buffering landscaping materials.
(vi) The development is sensitive to the natural terrain, minimizes necessary
grading, de-emphasizes vertical massing which could disrupt the profile
of a natural slope, and does not impede any scenic vistas or views open
to the public or surrounding properties.
The decision of the planning director is appealable to the planning commission subject
to the procedures outlined in section 26-212.
(b) Detached accessory structures shall not be included in the above maximum
unit size figures. A large expansion to the main building (as defined in section 26-
296.1100(a)) shall be subject to the approval of an administrative use permit pursuant
to the procedures outlined in section 26-296.1200.
(c) The above maximum unit sizes may be increased by up to twenty-five (25)
percent subject to the approval of an administrative use permit pursuant to the
procedures outlined in section 26-296.1200. Attached accessory structures, including
but not limited to guest house, second unit, and garage, shall be included in the
twenty-five (25) percent figure.
(d) An expansion of the above maximum unit sizes by more than twenty-five
(25) percent may be granted subject to the approval of a conditional use permit (CUP)
by the planning commission pursuant to the procedures outlined in sections 26-246
and 26-685.2000.
(e) Section 26-401.5(a) through (d) shall not apply to residential development
within a specific plan zone nor residential development which utilizes the density
transfer provisions in section 26-703.
Amend Section 26-412.5 to read as follows:
Sec. 26-412.5 Retaining walls and elevated structures.
(a) Definitions. For the purposes of this section, the following definitions shall apply:
(1) "Retaining wall' shall mean a wall designed to resist the lateral displacement of
soil or other materials. The height of a retaining wall shall be measured at
continuous points along the length of the wall from the top of the wall to the
lowest adjacent finished grade.
(2) "Landscaped crib wall' shall mean a type of retaining wall comprised of a hollow
rectangular cribwork of logs, timbers, reinforced concrete beams, or steel
beams filled with soil or rock, designed with vines and/or other planting
extended across the face of the wall.
(3) "Elevated structure" shall mean any deck, patio, view platform, tennis or sport
court, or other similar structure which is elevated above finished grade. The
height of an elevated structure shall be measured at continuous points around
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Code Amendment No. 277
Exhibit "A" - Page 11
the perimeter of the structure from the top of the finished floor or slab level of
the structure to the lowest adjacent finished grade.
(4) "Screen wall or fence" shall mean any wall or fence, other than a retaining wall,
designed and constructed for the purposes of screening, security, and/or
• separation of property.
(5) "Screen wall or fence, solid" shall mean any screen wall or fence comprised of a
material such that more than thirty (30) percent of the view through the fence or
wall is obstructed.
(b) Exemptions. The following types of retaining walls and elevated structures
shall be exempt from the regulations of this section regardless of their height:
(1) Retaining walls and elevated structures that are not readily visible from the
ground level of surrounding properties or public rights -of -way as determined by
the planning director.
(2) Retaining walls necessary for reasons of emergency slope stabilization and/or
public safety as determined by the city engineer.
(3) Decks or balconies not exceeding 200 square feet in area which take direct
access from the second story of a residence and do not extend horizontally
over an area with a horizontal to vertical slope ratio of three to one (3:1) or
steeper.
(c)Administrative use permit required. Unless otherwise exempt pursuant to
subsection (b) above, the following types of retaining walls and structures may only
be constructed with the approval of an administrative use permit as set forth in
article VI, division 5 of this chapter:
(1) Any retaining wall or elevated structure in excess of four (4) feet in height.
(2) Any retaining wall or elevated structure constructed in combination with a
screen wall or fence above, such that the combined height exceeds eight and
one-half (8.5) feet. Wall and fence surfaces, or portions thereof, that are not
"solid" as defined in subsection (a)(4) above shall not be counted toward the
measurement of height.
(3) Any structure constructed on top of an area of artificial fill created by a retaining
wall or constructed on top of an elevated structure proposed or approved
pursuant to subsections (1) and (2) above, such that any portion of such
structure is located within five (5) feet of the edge of the retaining wall or
elevated structure. Such structures shall not be subject to the maximum height
limits pursuant to subsection (d) below.
(d) Maximum height. Except for those walls and structures exempted pursuant to
subsection (b) above, no retaining wall (except for a landscaped crib wall) or
elevated structure shall exceed a maximum height of eight (8) feet, and no
landscaped crib wall shall exceed a maximum height of fifteen (15) feet. The height
of screen walls and fences constructed above retaining walls and elevated
structures shall comply with the standards set forth in section 26-412 of this article.
(e) Parallel retaining walls and fences. Any retaining walls constructed in
combination with other retaining walls, screen walls and/or fences on the same
property that are separated and approximately parallel to each other shall be
separated by a horizontal distance of three (3) feet or greater. Where two or more
walls and/or fences are approximately parallel to each other and separated by a
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horizontal distance of less than five (5) feet; the parallel walls and/or fences shall
be treated as a single wall and the height shall be measured at continuous points
from the lowest adjacent finished grade of the lowest wall or fence segment to the
top of the highest wall or fence segment. The area between parallel retaining walls
and other walls and fences shall be landscaped such that a minimum of two-thirds
(2/3) of the wall surface will be screened from view once the landscaping reaches
maturity.
(f) Maintenance. It shall be the responsibility of the property owner, or other person
leasing, occupying, or having charge or possession of a property to properly
maintain all retaining walls, including any associated drainage and irrigation
systems, in a safe and undamaged condition. All landscaping required per this
section shall be maintained in compliance with the standards set forth in section
26-414 of this article.
(g) Submittal requirements. In addition to the application requirements set forth in
division 1, article.VI of this chapter, the following information shall also be provided:
(1) Site plan for the entire site indicating the proposed location of the retaining
wall or elevated structure. The plan shall include existing and proposed
topographic contours, existing trees and vegetation, elevations for the top
and bottom of the proposed wall or structure, and the setback from all
property lines.
(2) Elevation drawings depicting the proposed architectural treatment, including
proposed colors and materials.
(3) Cross-section of the proposed retaining wall or elevated structure at its point
of maximum height indicating the existing and finished grade and the height
of the structure as it relates to the finished grade.
(4) Landscape/irrigation plan indicating the size and species of all proposed
plant materials.
(h) Findings. Before an application for an administrative use permit for a retaining
wall/elevated structure may be granted, the following findings shall be made:
(1) The proposed retaining wall, elevated structure, and/or other structure, has
been designed so as to substantially minimize any adverse aesthetic and visual
impacts as visible from surrounding properties and public rights -of -way.
(2) The proposed retaining wall, elevated structure, and/or other structure complies
with the following design standards:
a. Colors and materials. Decorative materials and/or design elements shall
be used as necessary to enhance the aesthetic appearance of the
retaining wall or structure. Suggested materials include, but are not
limited to, stone, masonry, wood, textured poured concrete, and textured
colored precision block with colored grout. Natural and earth -tone colors
should be utilized for retaining walls to blend the wall with existing
surroundings. A variation in design or materials should be used where
necessary to break up large masses and/or add visual interest.
b. Landscaping. Landscaping shall be integrated into the design of the
retaining wall or elevated structure as necessary to screen the retaining
wall or structure from open view. Where required, a landscape and
irrigation plan shall be reviewed and approved by the planning director.
Selected plant species shall be drought tolerant and fire resistant.
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Suggested plants include, but are not limited to, Arbutus unedo
(Strawberry Tree), Nandina domestica (Heavenly Bamboo),
Parthenocissus tricuspidata (Boston Ivy), Photinia (Photinia),
Pittosporum tobira (Mock Orange), Rhus lancea (African Sumac), Ribes
(Currant or Gooseberry), and Xylosma congestum (Shiny Xylosma).
c. Wall separation. Retaining walls shall be separated into terraced
segments where necessary to break up large undifferentiated masses.
d. Privacy impacts. Retaining walls and structures shall be located and
designed to avoid 'unreasonable interference with the privacy of
surrounding properties.
Article XII. Special Regulations for Unique Uses
DIVISION 17. MINIATURE POT-BELLIED PIGS
Amend Section 26-685.1200 to read as follows:
Sec. 26-685.1200. Permit required.
No person shall keep a miniature pot-bellied pig in a single-family zone without
first obtaining approval of an administrative use permit from the planning director as
set forth in article VI, division 5 of this chapter.
Delete Sections 26-685.1300--1400 in their entirety.
Amend Section 26-685.1500 as follows:
Sec. 26-685.1300. Findings.
Prior to the approval of an administrative use permit for a miniature pot-bellied
pig, the following findings must be made:
(a) Property is sufficient in size to accommodate the animal, outdoor run,
proposed outdoor housing.
(b) Property meets or exceeds development standards of the underlying
zone.
(c) Keeping of the animal is proposed in a manner which will not pose a
threat to general public health, safety and welfare of the neighborhood.
(d) The animal, at the time of the application, is of satisfactory general
health and free of contagious disease as evidenced by a health
certificate which has been prepared by a licensed veterinarian and
provided to the city as part of the application form.
Amend Section 26-685.1600 to read as follows:
40 Sec. 26-685.1400. Conditions of approval of an administrative use permit for a
miniature pot-bellied pig.
(a) Only one (1) miniature pot-bellied pig shall be permitted per single-family
residential lot.
(b) In no case shall the height of any pig exceed twenty (20) inches, as
measured at the shoulder, nor shall the weight of any pig exceed one hundred twenty
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(120) pounds, nor shall the length of any pig exceed forty (40) inches as measured
from the tip of the snout to the end of the buttocks.
(c) If kept outdoors, the pot -belly pig must be maintained at least twenty (20)
feet from any habitable dwellings (other than the permittees).
d Breeding of the pot-bellied i is prohibited. Each i shall be surgically
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altered to prevent reproduction. Evidence of such surgery shall be submitted to the city
prior to the approval of a miniature pot-bellied pig permit.
(e) Each pig shall be licensed in the manner provided in Chapter 6, Article II of
the Municipal Code.
(f) The owner of the miniature pot-bellied pig is responsible for ensuring that the
animal is maintained in a manner which complies with Chapter 6, Article II pertaining to
the general keeping of miniature pot-bellied pigs and the licensing requirements
thereof.
(g) The keeping of adult dogs and adults cats in conjunction with a miniature
pot-bellied pig shall be limited such that the total number of adult household pets,
including the one (1) miniature pot-bellied pig, shall not exceed three (3) for a single-
family residential property.
(h) An approved administrative use permit for a miniature pot-bellied pig is valid
only for the property specified on the application form and letter of approval.
(i) Such other conditions as deemed by the planning director to be necessary
and reasonably relate to the purpose of this division, such as but not limited to:
A minimum of one hundred (100) square feet outdoor cemented, or
turfed, fenced with solid footings, smooth -surfaced floor run shall be
provided if pig is kept as an indoor household pet. If kept outdoors, a two
hundred (200) square feet cemented, or turfed, fenced with solid
footings, smooth -surfaced floor run shall be provided. Said fenced area
must comply with all setback requirements for the underlying area district
and be maintained in an orderly and odor -free manner.
Delete Sections 26-685.1700-1900 in their entirety.
Renumber Section 26-685.1999 to be Sec. 26-685.1500
Sec. 26-685.1500. Penalties.
Violation of any section of this division shall constitute a misdemeanor,
punishable by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment not to exceed six (6) months, or both such fine and imprisonment.
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