Chapter 17.02 — DEFINITIONS

The purpose and intent of this chapter is to promote consistency and precision in the application and interpretation of these development regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout this Development Code, except where the context and usage

of such words or phrases clearly indicates a different meaning or construction intended in that particular case.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

The word "shall" is mandatory and is not discretionary. The word "may" is permissive and discretionary.

B.

In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.

C.

When consistent with the context, words in the masculine gender include the feminine and neutral genders.

D.

Unless the context clearly indicates to the contrary, words in the past, present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

E.

Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all concerned items or provisions shall apply.

2.

"Or" indicates that the connected items or provisions may apply singly or in any combination.

3.

"Either…or" indicates that the connected items or provisions shall apply singly but not in combination.

F.

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

The following terms used in this Development Code shall have the meaning set forth below:

"Abandon" or "abandonment" shall mean to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or re-arranging a facility, or during normal periods of vacation or seasonal closure.

"Abut" or "abutting." See "Adjacent."

"Access" shall mean the place or way by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Code.

"Accessory building" shall mean a building detached from the main building or structure on the same lot, the use of which is incidental and subordinate to the main building or structure.

"Accessory use" shall mean a use of land or of a building or portion thereof that is incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

"Action" shall mean a decision made by the reviewing authority on a land use application, by a process as specified in this Development Code.

"Addition" shall mean any construction that increases the size of a building, dwelling or facility in terms of site coverage, height, length, width, or gross floor area, occurring after completion of the original structure or facility.

"Adjacent" shall mean two or more lots or parcels of land separated only by an alley, street, highway, stream, or recorded easement, or sharing a common boundary of at least one point.

"Affordable housing development" shall mean a development having no less than five dwelling units (excluding any density bonus), for which incentives have been granted by the city to ensure continued affordability pursuant to an approved affordable housing agreement.

"Agent" shall mean any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.

"Agriculture" shall mean the cultivation of row, field or tree crops, floricultural specialties, or the raising of animals for commercial purposes, excluding stockyards, slaughtering, or commercial food processing.

"Aisle, parking" shall mean the traveled way by which vehicles enter and exit parking spaces.

"Alcohol-related establishments" shall mean those establishments which are required to obtain a State Alcoholic Beverage Control License type 20 (off-sale beer and wine), type 21 (off-sale general), type 40 (onsale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine, public premises), type 47 (on-sale general eating place), type 48 (on-sale general bar), type 52 (veteran club) or type 63 (beer and wine hospital), or comparable license type, and which sell or serve alcoholic beverages for on-site or off-site consumption.

"Alley" shall mean a public thoroughfare not exceeding thirty (30) feet in width for the use of pedestrians and/or vehicles, affording only a secondary means of access to abutting property.

"Alteration" shall mean any construction or physical changes 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.

"Amendment" shall mean a change in the wording, context or substance of this Development Code, or a change in the zoning maps, which are part of this Code when adopted by the city council in the manner prescribed by law.

"Amusement arcade" shall mean any establishment, room or place where more than four amusement machines are available for public use.

"Amusement machine" shall mean any device, whether mechanical, electrical, electronic, computerized, or similar object, which by payment of a fee, or insertion of a coin or token, may be operated for the primary purpose of amusement. The term amusement machine does not include any device or object the primary purpose of which is to play music.

"Animal enclosure" shall mean any structure, including but not limited to a barn, stable, pen, corral, dog run, or fenced area, intended for confinement of animals.

"Animal hospital" shall mean a place where animals are given medical or surgical treatment and are boarded during the time of such treatment.

"Animal, domesticated pet" shall mean any animal customarily kept as a household pet, not including wild or exotic animals; typical pets would include dogs, cats, birds, and tropical fish.

"Animal, farm" shall mean any animal customarily raised for agricultural purposes, not including wild or exotic animals or domesticated pets.

"Animals, wild or exotic" shall mean any warm or cold-blooded animal not normally maintained in a dwelling unit with people, not considered domesticated within California, and the keeping of which requires a permit from the State of California Department of Fish and Game.

"Annexation" shall mean the inclusion of land area into an existing city or special district with a resulting change in the boundaries of that local agency.

"Antenna" shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

"Antenna, satellite" shall mean a dish-type device for receiving satellite transmissions.

"Antenna, vertical" shall mean a device for transmitting or receiving radio, television, or any other transmitted signal, and includes a single pole or tower, or roof or ground-mounted antenna.

"Antique shop" shall mean any premises used for the sale of articles which, because of age, rarity, or historical significance, have a monetary value greater than the original value or which, because of age, are recognized by the United States government as entitled to import duties less than those prescribed for similar new merchandise. "Antique shop" does not include "thrift store."

"Apartment" shall mean a room or group of two or more rooms within a building containing separate living facilities for four or more families that is constructed, designed, intended for or actually used by a single family for living and sleeping purposes for periods of thirty (30) consecutive days or longer.

"Apartment building" shall mean a building, or a portion of a building, designed or used for occupancy by four or more families, living independently of each other and containing four or more dwelling units.

"Appeal" shall mean an application requesting that the designated appeal body review the decision of a reviewing authority on a land use application, pursuant to Section 17.03.110.

"Applicant" shall mean owner(s) or lessee(s) of property or their agent(s), or person(s) who have submitted an application for approval of a permit or development proposal as allowed under this Development Code, or the agent(s) of such persons.

"Application" shall mean the form and information submitted by an applicant that is used by the city to determine whether to approve or deny permits or other entitlements for use.

"Approval" shall mean the action taken by the "reviewing authority" pursuant to this Code to approve or conditionally approve an application for a land use entitlement and related permits. The exact date of approval of any development project is determined by each public agency according to its rules, regulations, and ordinances, consistent with this Development Code.

"Area" as used in this Development Code shall mean "area, net" unless otherwise specified.

"Area, gross" shall mean that area of a lot or parcel of land inclusive of the following, except as otherwise provided herein:

1.

The original underlying fee ownership within public alleys, highways or streets abutting the lot or parcel of land; or

2.

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

3.

Other public or private easements on the lot or parcel where the owner of the property does not have the right to use the entire surface of the land.

"Area, net" shall mean that area of a lot or parcel of land exclusive of the following, except as otherwise provided in the following:

1.

Public alleys, highways or streets adjacent to the lot or parcel of land; or

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

3.

Other public or private easements on the lot or parcel of land where the owner of the property does not have the right to use the entire surface of the land.

Figure 1: Gross Area and Net Area

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"Arterial, primary" shall mean an arterial shown as such on the circulation map of the City of Big Bear Lake General Plan.

"Arterial, secondary" shall mean an arterial shown as such on the circulation map of the City of Big Bear Lake General Plan.

"Assessor" shall mean the assessor of the County of San Bernardino.

"Attached" shall mean any structure that has an interior wall or roof in common with another structure.

"Automobile dismantling yard" shall mean any premises used for the dismantling or wrecking of vehicles required to be registered under the Vehicle Code of the State of California including the buying, selling or dealing in such vehicles or the integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles. Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage, automobile body and fender repair shop or automobile impound yard.

"Automobile impound yard" shall mean facilities designated or maintained for the temporary storage of vehicles legally removed or impounded from public or private property.

"Automobile repair, general" shall mean establishments engaged in general automotive repair, including but not limited to regular maintenance services, engine repair, transmission repair, radiator repair, exhaust system repair, brake relining, and wheel alignment.

"Automobile repair, heavy" shall mean establishments engaged in major auto repair, including but not limited to body and fender repair, body painting, reupholstery, and engine replacement.

"Automobile repair, light" shall mean establishments engaged in minor auto repair, including but not limited to lubrication, engine tuning, smog check stations, minor tire repair, and minor parts replacement.

"Automobile sales lot" shall mean an open area used for display, sale, lease and/or rental of new or used automobiles.

"Automobile service station" shall mean an establishment primarily engaged in selling gasoline and other automotive fuels, lubricating oils, and performing minor automobile repair work, and which does not fall within the definition of a "convenience store" as defined in this section.

"Awning" shall mean an architectural feature that projects from, and is totally supported by, the exterior wall of a building, is usually positioned above a window or a door, and is temporary in that whether stationary or retractable, it can be removed from the building without altering the building structure.

"Bar" shall mean an establishment in which the primary use is the sale of alcoholic beverages for the consumption on-site which requires a license by the State Alcohol Beverage Control. This term shall include a cocktail lounge and nightclub.

"Bed and breakfast establishment" shall mean a transient lodging establishment, typically limited to five or less guest bedrooms with a common dining area, primarily engaged in providing overnight or otherwise temporary lodging for the general public, which is inhabited as a primary residence by the owners or operators, and which may provide meals to the extent permitted by law.

"Berm" shall mean a mound or embankment of earth.

"Block" shall mean the area of land bounded by streets, highways, railroad rights-of-way or waterway, except alleys.

"Boarding house" shall mean the same as "rooming house."

"Boardwalk" shall mean an elevated pedestrian walkway constructed over a public street or adjacent to or over a lakefront or beach.

"Buffer area" shall mean an area containing landscaping or open space and/or a visual barrier, intended to separate and partially obstruct the view of adjacent land uses or properties from one another or from a public right-of-way so as to block noise, lights, or other nuisances.

"Buildable area" shall mean the portion of the lot remaining after deducting all required setbacks and easements from the gross area of the lot.

"Building" shall mean any structure for the shelter, housing, or enclosure of any person, animal, article, chattel, or property of any kind; when any portion thereof is completely separated from every other portion thereof by a division wall or firewall, without openings, each such portion shall be a separate building.

"Building, accessory." See "Accessory building."

"Building distance, minimum" shall mean the shortest distance measured from any point between buildings, exclusive of any permitted projections that are regulated separately.

"Building front" hall mean the exterior building wall of a structure on the side or sides of the structure fronting and oriented toward a street or highway, excluding eaves or roof overhangs.

"Building height" shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the structure.

Figure 2: Building Height

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"Building official" shall mean the head of the building and safety division of the City of Big Bear Lake and shall include his designees.

"Building, principal" shall mean one or more buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.

"Building site" shall mean a lot, or contiguous lots of land in single, multiple or joint ownership which provides the area and open spaces required by this Development Code for construction of a building or buildings or establishment of a use.

"Business office" shall mean an office that has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments, and the keeping of records and accounts pertaining to a business.

"Business" or "commerce" shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity or service for profit or livelihood, and shall include office buildings, offices, recreational or amusement enterprises.

"Camp, private" shall mean land or premises used for the primary purpose of providing outdoor and/or indoor group accommodations, typically for persons with common social, spiritual, educational or recreational objectives. This term also includes conference center and retreat center.

"Camp, public" shall mean land or premises used or intended to be used, let or rented for camping purposes by two or more camping parties, trailers, or tents, for a period not to exceed thirty (30) days.

"Care facility, residential" shall mean a residential facility that provides care, supervision and/or rehabilitation services to the residents on up to a twenty-four (24) hour per day basis. This term may include residential care facilities for the elderly, mentally disabled, or handicapped persons, or dependent and neglected children, or alcoholism or drug abuse recovery facilities for six or fewer residents.

"Care facility, social" shall mean a public, private or institutional facility that is licensed to serve seven or more persons, who may be unrelated or related, and which provides lodging, meals, care, supervision and/or rehabilitation services on up to a twenty-four (24) hour per day basis for compensation. This term may include transitional housing, supportive housing, congregate living health facility, intermediate care facility, pediatric health and respite care facilities, and alcoholism or drug abuse recovery facility, for seven or more persons, but excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals.

"Caretaker's unit" shall mean a dwelling unit accessory to a principal commercial or multiple family residential use on a site, intended and used for occupancy on the same site by a caretaker, manager, security guard, or similar position requiring residence on the site, in accordance with Section [Chapter] 17.25.

"Carport" shall mean a permanent roofed structure not completely enclosed, used or intended to be used for vehicle parking.

"Cemetery" shall mean land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. "Cemetery" includes columbaria, crematories and mausoleums, and may include chapels when operated in conjunction with and within the boundary of such cemetery.

"Centerline" shall mean the right-of-way centerline as determined by the city engineer or by the State Division of Highways of the State of California.

"Certificate of occupancy" shall mean a document issued by the building and safety division allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable municipal codes, codes and conditions of approval.

"Channel" shall mean a watercourse with a definite bed and banks that confine and conduct the normal continuous or intermittent flow of water.

"Change of use" shall mean any use that substantially differs from the previous use of a building or land, including a change in type or intensity of use.

"City" shall mean the City of Big Bear Lake, California, or the area within the territorial limits of the City of Big Bear Lake, California, and such territory outside of the City of Big Bear Lake, California, over which the City of Big Bear Lake, California, has jurisdiction or control by virtue of any constitutional or statutory provision.

"City council" shall mean the city council of the City of Big Bear Lake, California.

"City planner" shall mean the city planner of the City of Big Bear Lake or his/her designee.

"Club" shall mean an association of persons organized for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

"Club, country" shall mean a private club organized and operated for social purposes and possessing outdoor recreational facilities, such as golf courses, tennis courts or polo grounds.

"Clubhouse" shall mean any building used by an association of persons, organized for some common purpose, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.

"Code" shall mean a code adopted by ordinance of the City of Big Bear Lake or the Big Bear Lake Fire Protection District.

"Commercial use" shall mean an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

"Compatibility" shall mean the characteristics of different uses or activities that permit them to be located near each other without conflict in uses or operations.

"Conceptual development plan" shall mean a site plan that indicates conceptual ideas for development and represents aspects of a development project such as building placement, circulation/access, drainage/grading, buffers, utilities, phased improvements, and landscaping.

"Conditional use" shall mean a use that may locate in certain zoning districts provided it will not be detrimental to the public health, safety and welfare, and will not impair the integrity and character of the zone district.

"Conditional use permit" shall mean a discretionary entitlement that may be granted under the provisions of this Development Code, which when granted authorizes a specific use to be made of a specific property, subject to compliance with conditions of approval imposed on the entitlement.

"Conditions, covenants and restrictions (CC & R's)" shall mean the limitations and/or provisions pertaining to a development project which have been agreed to by the parties holding interest in such project, and which are recorded against the title to the property.

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in air space in a building on such real property.

"Congregate meal facility" shall mean a facility that provides scheduled meals on a daily basis for families or individuals who are homeless or low income. This term does not include "homeless shelters" or "transitional housing."

"Conservation easement" shall mean an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses.

"Construction" shall mean any site preparation, assembly, erection, substantial repair, alteration or similar action conducted on public or private property.

"Contractor's yard" shall mean a use providing the distribution or storage of supplies, equipment or materials related to construction activities, or the recycling and stockpiling of construction related materials

such as asphalt and concrete. This term shall include a construction materials yard, vehicular service center, or similar use.

"Contiguous" shall mean the same as "adjacent."

"Contour grading" shall mean a grading technique that utilizes curvilinear, horizontal, and vertical undulations in order to simulate the characteristics of natural topography.

"Convenience store" shall mean a retail establishment that contains less than five thousand (5,000) square feet of gross floor area utilized in whole or in part for the retail sale of a variety of frequently needed personal convenience items such as groceries, delicatessen items, staples, dairy products, pre-packaged foods, sundry items and/or alcoholic beverages, and which may include the sale of automotive gasoline and related products.

"County" shall mean the County of San Bernardino.

"Courtyard" shall mean an open, unoccupied space other than a yard, unobstructed from ground to sky, bounded on two or more sides by the walls of a building. An inner courtyard is a courtyard entirely enclosed within the exterior walls of a building. All other courtyards are outer courtyards.

"Covenant" shall mean a private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.

"Cross lot drainage" shall mean a drainage system that conveys surface water run-off towards the rear or side lot line where it is captured in a drainage channel, pipe, or similar structure and directed across lot lines to an approved point of discharge, or detention or retention.

"Cul-de-sac" shall mean a local street, one end of which is closed and consists of a circular turn-around.

"Day care, commercial" shall mean a facility that is licensed and utilized to provide daily non-medical care and supervision for children under eighteen (18) years of age for periods of less than twenty-four (24) hours per day for compensation, excluding large-family and small-family day care facilities. This term includes nursery schools and preschools.

"Day care, family" shall mean a family day care home facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twentyfour (24) hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. A small family day care home or large family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

y day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

"Day care, large family" shall mean a large family day care home facility that provides care, protection, and supervision for seven to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in such regulations.

"Day care, small family" shall mean a small family day care home facility that provides care, protection, and supervision for eight or fewer children, including children under ten (10) years of age who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code and as defined in such regulations.

"Daylight grading" shall mean a grading technique that designates an existing natural contour as the transition line between a manufactured pad for development and an adjacent natural slope face and that eliminates the need for fill slopes along the exposed edges of the development pad.

"Days" shall mean consecutive calendar days unless otherwise stated.

"Decision, discretionary" shall mean decisions that require the exercise of judgment, deliberation, or decision on the part of the reviewing authority in the process of approving or disapproving a particular activity, as distinguished from "ministerial decisions" in which the reviewing authority's determination is limited to finding whether there has been conformity with applicable statutes, codes, or regulations.

"Decision, ministerial" shall mean decisions that are approved by a reviewing authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority in which the reviewing authority's determination is limited to finding whether there has been conformity with applicable statutes, codes, or regulations.

"Dedication" shall mean the donation to a public agency of land or the right to utilize land, for a specific public use.

"Dedication, offered" shall mean that portion of land that is irrevocably offered to the city for future public rights-of-way that has no prospective future date for acceptance, construction to city standards, and/or notice of completion.

"Density" shall mean the total number of dwelling units permitted per net acre of land; within a development project, the density is calculated by dividing the number of dwelling units within the project by the gross area of the project site. The dwelling unit density range permitted under the applicable land use classification shall apply to the overall project site, provided that compliance with all applicable development standards can be met.

units permitted per net acre of land; within a development project, the density is calculated by dividing the number of dwelling units within the project by the gross area of the project site. The dwelling unit density range permitted under the applicable land use classification shall apply to the overall project site, provided that compliance with all applicable development standards can be met.

"Density bonus" shall mean a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the city, as an incentive for inclusion of affordable housing within the project.

"Density transfer" shall mean an increase in density on one portion of a property to a level that may exceed the underlying general plan designation of that portion of the property while maintaining a gross density over the entire property that is consistent with the underlying general plan designation.

"Design" shall include but is not limited to the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; location and size of all proposed buildings and structures; provision of landscaping and open space; pedestrian and

bicycle facilities; architectural style; colors and materials; and any other such specific physical improvements.

"Detached" shall mean any building or structure that does not have a wall or roof in common with any other building or structure.

"Development" shall mean 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; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivisions 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 recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this 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 Government Code Section 65931, is included with this definition.

"Development agreement" shall mean a contract between a developer and the city establishing the conditions under which a particular development may occur.

"Development Code" shall mean the adopted Development Code of the City of Big Bear Lake, as it may be amended from time to time.

"Development proposal" shall mean an application for approval of a specific plan, subdivision, conditional use permit, plot plan review, variance, or any other development permit or entitlement application that has been filed with and is pending for consideration by the city, pursuant to this Development Code.

"Development review committee (DRC)" shall mean a committee formed of staff members from city departments and other affected agencies, for the purpose of reviewing development applications to determine the conformity of each application with the city's general plan, this Development Code, and other applicable standards and regulations.

"Discontinue (discontinuance)" shall mean the cessation or removal of a use for a specified period of time or permanently.

"District, zone." See "Zone."

"Domicile" shall mean a residence that is a permanent home to an individual or household.

"Dormitory" shall mean a structure intended principally for sleeping accommodations, and where no individual kitchen facilities are provided, when such structure is related to an educational, or public institution or camp facility or is maintained and operated by a recognized non-profit welfare organization.

"Drainage facilities" shall mean improvements constructed for the storage or conveyance of stormwater runoff in drainage channels, including channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits.

"Drive-in facility" shall mean an establishment or portion thereof from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

"Driveway" shall mean a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area.

"Drought resistant landscaping" shall mean plant material that is able to thrive with minimal watering.

"Duplex" shall mean a building designed or used exclusively for occupancy by two families and containing two dwelling units.

"Dwelling" shall mean a structure or portion thereof designed for residential occupancy, not including hotels or motels.

"Dwelling, multiple" shall mean a building or portion thereof, designed for occupancy by two or more households, living independently of each other and containing two or more "dwelling units."

"Dwelling, primary" shall mean the principal single-family dwelling unit located on a lot where a temporary dependent dwelling unit is existing or proposed.

"Dwelling, single-family" shall mean a building designed for residential occupancy and used exclusively for occupancy by one family or household and containing one dwelling unit.

"Dwelling, three-family (triplex)" shall mean a building designed for residential occupancy and used exclusively for occupancy by three families or households and containing three dwelling units.

"Dwelling unit" shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one family or household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels.

"Dwelling unit, attached" shall mean a unit completely within an existing principal building or added to an existing principal building, provided that both dwelling units shall be attached by a common wall, floor, or ceiling and not simply by an attached breezeway or porch; and shall be contained within one building. A second dwelling unit constructed above an existing detached garage shall be considered an attached unit.

"Dwelling unit, detached" shall mean a unit that is structurally independent and separated from the existing primary dwelling.

"Easement" shall mean the grant of one or more property rights by the owner of property to, or for the use by, the public, a corporation, or another person or entity, for a specific purpose.

"Eave" shall mean the projecting lower edge of a roof overhanging the wall of a building.

"Educational facility, commercial" shall mean a school, institute, or training facility operated for profit, which may include but not be limited to trade or vocational schools, traffic schools, business schools, computer training facilities, beauty schools, and similar establishments.

"Educational institution" shall mean a public, private, parochial or other non-profit institution conducting regular academic instruction at the elementary, secondary, collegiate levels and university or graduate level qualified by the State Department of Education. Educational institution does not include schools or institutes that operate for a profit, nor does it include commercial, trade or vocational schools.

"Efficiency dwelling unit" shall mean a dwelling unit that combines kitchen, living and sleeping facilities into one room in an apartment consistent with the definition of an "efficiency dwelling unit" as defined by the most recent edition of the California Building Code.

"Electric distribution substation" shall mean an assembly of equipment that is part of a system for the distribution of electric power where electric energy is received at a sub-transmission voltage and transformed to a lower voltage for distribution for general consumer use.

"Elevation" shall mean a vertical distance above or below a fixed reference level.

"Elevation drawing" shall mean a flat scale drawing of the front, rear or side of a building or structure, drawn to scale and showing architectural details, colors and materials.

"Emergency" shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or public services.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Enclosed" shall mean a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.

"Encroachment" shall mean any projection into a delineated floodway, right-of-way, adjacent land or required setback.

"Engineer, city" shall mean the city engineer of the City of Big Bear Lake.

"Entertainment, live" shall mean any act, play, revue, pantomime, scene, dance act, musical performance, performance act, or song, storytelling, or poetry reading, or any combination thereof, performed by one or more persons, either employees or patrons of a business establishment, whether or not they are compensated for the performance.

"Equipment rental yard" shall mean a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles required in connection with a business activity, public utility service, transportation service, or similar activity.

"Explosives" shall mean any explosive substance, having a power equal to or greater than that of ordinary black powder, including but not limited to blasting caps, detonating, fulminating or electric caps, gunpowder and dynamite, but shall not include fixed ammunition for small arms.

"Extended stay lodging" shall mean a hotel, motel or lodging facility that allows short term lodging for no more than one hundred eighty (180) days that provide dwellings units consistent with the definition of an

"efficiency dwelling unit" as defined by this chapter and the most recent edition of the California Building Code.

"Extraction" shall mean the removal from the earth of oil, water, gas, gravel, mineral or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes.

"Façade" shall mean the exterior walls of a building exposed to public view, or those walls viewed by persons not within the building.

"Family" shall mean one or more persons related by blood, marriage or legal adoption, or a group of persons including unrelated individuals living together as a relatively permanent, bona fide housekeeping unit.

"Family entertainment center" shall mean an establishment engaged in providing a range of entertainment activities to a variety of age groups including children. Such activities may include but not be limited to batting cages, go-cart tracks, miniature golf courses, snow or water slides, play areas, amusement machines and limited food service, provided that any facility having more than four amusement machines shall also be classified as an "amusement arcade."

"Fence" shall mean an artificially constructed barrier of any material, or combination of materials, erected to enclose or screen areas of land.

"Fence, open" shall mean a fence that permits at least fifty percent (50%) open visibility through the fence.

"Fill" shall mean any material or substance that is deposited, placed, pushed, dumped, pulled or transported or moved to a new location and the conditions resulting therefrom. Fill also includes pilings placed for the purpose of erecting structures thereon when located in a submerged area. Examples of fill material include, but are not limited to, earth, excavated or dredged materials, sand, gravel, rock, riprap, and concrete.

or substance that is deposited, placed, pushed, dumped, pulled or transported or moved to a new location and the conditions resulting therefrom. Fill also includes pilings placed for the purpose of erecting structures thereon when located in a submerged area. Examples of fill material include, but are not limited to, earth, excavated or dredged materials, sand, gravel, rock, riprap, and concrete.

"Finding" shall mean a determination or conclusion based on the evidence presented to the reviewing authority, in support of its decision on a land use application.

"Fire chief" shall mean the head of the Big Bear Lake Fire Protection District and shall include his or her designees.

"Fire district" shall mean the Big Bear Lake Fire Protection District, or the area within the territorial limits of the Big Bear Lake Fire Protection District, and such territory outside of the Big Bear Lake Fire Protection District over which the Big Bear Lake Fire Protection District has jurisdiction or control by virtue of any constitutional or statutory provision.

"Floodplain" shall mean any land area susceptible to being inundated by water from any source.

"Floodplain Management Ordinance" shall mean Ordinance No. 2002-324 of the City of Big Bear Lake, as it may be amended from time to time.

"Floor area, gross" shall mean the sum of the gross horizontal areas of average floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings,

but not including interior parking space, loading space for motor vehicles, or any space where the floor-toceiling height is less than six feet.

"Floor area, habitable" shall mean the total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts, courtyards and garages.

"Floor area ratio (FAR)" shall mean the numerical value obtained through dividing the gross floor area of a building or buildings, excluding below grade floor area, by the total area of the lot or parcel of land on which such building or buildings are located.

"Footcandle" shall mean the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen; one footcandle equals one lumen per square foot.

"Frontage, street or highway" shall mean that portion of a lot or parcel of land which abuts a public or private street or highway, as measured along the common lot line separating said lot or parcel of land from the public street or highway.

Figure 3: Frontage

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"Front wall" shall mean the nearest wall of a structure to the street upon which the structure faces, excluding awnings, canopies, eaves and any other architectural embellishments.

"Gable" shall mean the vertical triangular end of a building from cornice or eaves to ridge.

"Garage, private" shall mean an accessory building or an accessory portion of the main building, designed and used primarily for the shelter or storage of vehicles owned or operated by the occupants of the main building.

"Garage, public" shall mean a building other than a private garage used for the parking and storage of vehicles that is available to the general public.

"Garage sale" shall mean the sale from the residence or residential lot of a vendor of his personal property which has been used in his home and which personal property was not purchased, acquired, or solicited by

the vendor for the purpose of resale. A "residential yard sale" or patio sale is included within the definition of garage sale.

"Gas station" shall mean an establishment primarily engaged in the sale of gasoline and oil only, excluding repair work. See "Automobile service station" or "Convenience store" for other similar uses.

"General plan" shall mean the comprehensive, long-term general plan for the physical development of the City of Big Bear Lake, as adopted by the city council and as amended from time to time.

"Glare" shall mean the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and ability.

"Government Code" shall mean the State of California Government Code.

"Grade" shall mean the vertical location of the ground surface.

"Grade, finished" shall mean the final grade of the site after development, which conforms to approval plans.

"Grade, natural" shall mean the elevation of the ground surface in its natural state, before manmade alterations.

"Gradient" shall mean the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. (Also see "Slope" and "Slope steepness.")

"Grading" shall mean any excavation, filling, or movement of earth material by mechanical means, including but not limited to rock processing, dredging, blasting, bulldozing, and digging.

"Grading, mass" shall mean a grading technique in which all lots, building pads and streets are graded over the entire site area resulting in the disruption of the majority of the on-site natural grade and vegetation, and often resulting in, but not required to result in, a successive pad/terrace configuration.

"Gross leasable area (GLA)" shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

"Ground floor street frontage" shall mean the floor of a building that is accessible from ground level, adjacent to a street. In a case where the ground floor street frontage is required to be used for retail uses, this term shall mean the portion of the structure facing the street, which a customer enters from the ground level.

"Groundcover" shall mean low-growing plants used to prevent soil erosion.

"Guest house" shall mean living quarters located within an accessory building that is ancillary, subordinate to and located on the same premises with a "primary dwelling" and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall not contain kitchen facilities and shall not be rented or otherwise used as a separate "dwelling unit."

"Habitable structure" shall mean a structure that is suitable for human occupancy for purposes of employment, habitation or other purpose.

"Hazardous material" shall mean any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential threat to public safety if released into the workplace or the environment.

"Health club" shall mean an establishment providing exercise and other health fitness conditioning, including gymnasiums, aerobic dance and exercise classes, reducing salons, spas, and similar fitness facilities.

"Health department" shall mean the County of San Bernardino Department of Environmental Health Services.

"Health facilities, mobile" shall mean mobile facilities providing health services, such as bloodmobiles, health, hearing, or vision screening; and health fairs.

"Height." See "Building height."

"High water line" shall mean that line that is estimated by the highest elevation of a body of water. The "high water line" for Big Bear Lake is 6,743.2.

"Highest adjacent grade" shall mean the highest natural elevation of the ground surface prior to construction of a proposed structure.

"Home occupation" shall mean an accessory occupation or business carried out for gain within a "dwelling unit" in a residential zone conducted by a resident of a "dwelling" that is secondary or incidental thereof, which is conducted entirely within a dwelling by the inhabitants thereof, which use is clearly incidental to the use of the structure for dwelling purposes and which does not change the character thereof, and for which there is no display, no stock-in-trade, no commodity sold on the premises, and no mechanical equipment used except that necessary for housekeeping purposes. Home occupations may be permitted pursuant to Section 17.03.280.

"Homeless shelter" shall mean a facility that provides sleeping accommodations and restroom facilities to homeless persons for less than a twenty-four (24) hour stay. This term does not include "congregate meal facilities" or "transitional housing."

"Homeowners association" shall mean an organization incorporated under state law among residential property owners who have a common interest in certain property, for the purpose of owning, operating, and maintaining said property.

"Hospital" shall mean an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to ill or injured persons, and licensed by state law to provide in-patient facilities and services in surgery, obstetrics, and general medical practice.

"Hotel" shall mean a building in which there are six or more guest rooms where transient lodging (for a period of thirty (30) consecutive calendar days or less) with or without meals is provided for compensation; typical incidental uses may include meeting rooms, restaurants, and recreation facilities.

"Household" shall mean one or more individuals living together in a single dwelling unit, with common access to all living and kitchen areas and facilities within the dwelling unit.

"Illegal structure, use, or lot" shall mean a structure, lot, or use that did not conform to applicable laws when constructed or initiated and which has not been granted legal nonconforming status by a categorical provision of this Development Code or has not been brought into full conformity by a specific remedy provided in this Development Code.

"Illumination intensity" shall mean an expression, in wattage or foot-candles, of visually perceived brightness from an artificial light source.

"Impervious surface" shall mean any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.

"Improvement" shall mean any place, building, structure, natural feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition or façade.

"Improvement, tenant" shall mean an improvement within the confines of an existing building exclusive of those required to meet minimum Uniform Building Code occupancy standards such as wiring or plumbing.

"Inauguration of use" shall mean that applicable grading and building permits have been issued, and that substantial work has been performed on the project site and substantial liabilities have been incurred in good faith reliance on such permits, such that the use shall be considered to be established on the project site pursuant to the applicable land use approval.

"Infrastructure" shall mean permanent physical improvements, whether public or private, required to support development, including but not limited to streets, sewer, water, utilities, drainage facilities, and public facilities.

"Inoperative vehicle" shall mean any vehicle which is not currently registered or which is not capable of self-propulsion.

"Intersection" shall mean where two or more roads connect at grade.

"Institutional use" shall mean a nonprofit or quasi-public use or institution such as a church, library, post office, public or private school, hospital, or city-owned building, or land or structures used for public purposes.

"Junk" shall mean any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Materials or equipment kept on any premises for use in the construction of any building on such premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed "junk" within the meaning of this section.

ebris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Materials or equipment kept on any premises for use in the construction of any building on such premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed "junk" within the meaning of this section.

"Junk or salvage yard" shall mean any premises used for the keeping or storage of junk, including but not limited to, iron and scrap metals, paper, rags, glass, wood and similar materials and shall include the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations on said property or elsewhere.

"Kennel" shall mean any structure or facility in which six or more dogs, cats, or other small animals over the age of four 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" shall mean any room or portion of a room used, intended, and designed to be used for cooking or the preparation of food, including storage and refrigeration.

"Lake" shall mean an inland water body, either natural or manmade, fed by springs or surrounding drainage.

"Land use" shall mean the way in which property is or will be utilized or occupied.

"Landscape area" shall mean those portions of a building site or development site that are set aside to remain in open space, excluding driveways, parking, paving, loading or storage areas, or portions of structures, and in which "landscaping" exists or is planned to be installed.

"Landscaping" shall mean the planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers, lawns, or other plant material, decorative hardscape, or other decorative features to land. This combination may include natural landscape features such as rock and stone, and structural features including but not limited to fountains, reflecting pools, art works, and benches.

"Law" shall mean the United States Constitution, federal law and statutes, the Constitution and statutes of the State of California and the codes and ordinances of the City of Big Bear Lake and/or Big Bear Lake Fire Protection District, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"Legislative body" shall mean the city council of the City of Big Bear Lake.

"Light source" shall mean a device that produces illumination, including incandescent light bulbs, fluorescent and neon tubes, halogen and other vapor lights and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source or reflective surface is considered to be part of the light source.

"Liquor store" shall mean an establishment in which the primary use is the sale of alcoholic beverages for consumption off-site which requires a license from the State Alcohol Beverage Control.

"Loading space" or "loading zone" shall mean an off-street space or berth used exclusively for loading or unloading of goods from a vehicle in connection with the use of the site.

"Lodging facility, commercial" shall mean a room or group of rooms used or intended for use by overnight occupants as a single unit on a transient basis (less than thirty (30) days), providing lodging with or without meals provided to patrons, except for transient private home rental units permitted pursuant to Section 17.03.310.

"Lot" shall mean a piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership, and which may be used, developed, or built upon as otherwise permitted by law. See Figure 4 for various types of lots, which include the following:

"Lot, corner" shall mean a lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot."

"Lot, flag" shall mean a lot not fronting on or abutting a street right-of-way and where a narrow portion of the lot provides access to the right-of-way.

"Lot, interior" shall mean a lot abutting only one street.

"Lot, key" shall mean a lot with a side property line that abuts the rear property line of any one or more adjoining lots

"Lot, reverse corner" shall mean a corner lot, the rear of which abuts the side of another lot.

"Lot, through" shall mean a lot having frontage on two generally parallel streets, with only one primary access.

Figure 4: Types of Lots

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"Lot area" shall mean the total horizontal area included within the lot lines of a lot or parcel of land.

"Lot coverage" shall mean the total horizontal area of a lot, parcel or building site covered by any building that extends more than 3 feet above the surface of the ground level, including any covered car parking spaces.

"Lot depth" shall mean the horizontal length of a lot, which shall be measured as follows:

For lots having straight front and rear lot lines, lot depth shall be measured as an imaginary line connecting points bisecting the front and rear lot lines.

For lots having irregularly-shaped front or rear lot lines, lot depth shall be measured as an average of the length of the side lot lines and an imaginary line connecting the bisecting points of the front and rear lot lines.

Figure 5: Lot Depth

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"Lot frontage" shall mean that portion of the lot abutting a street, or the length of that portion of the lot abutting the street.

"Lot line" shall mean a line bounding a lot. See Figure 6 for various types of lot lines, which include the following:

"Lot line, front" shall mean the line separating the parcel from the street on an interior lot. On a corner lot, front shall mean the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the location of the front lot line shall be determined by the city planner.) On a through lot, front shall mean the lot line abutting the street providing the primary access to the lot.

"Lot line, interior" shall mean any lot line not abutting a street.

"Lot line, rear" shall mean a lot line, not intersecting a front lot line, which is 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, rear lot line shall mean an imaginary line within the lot having a length of ten (10) feet, parallel to and most distant from the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Development Code.

"Lot line, street side" shall mean any lot line other than the "front lot line" that abuts a street.

Figure 6: Lot Lines

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"Lot width" shall mean the horizontal distance between the side lot lines as measured at the required front setback line (see Figure 7).

Figure 7: Lot Width

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"Lot, substandard" shall mean a lot or parcel of land that has less than the required minimum area or dimensions as established by the zone in which it is located, provided that such lot or parcel was of record as a legally created lot on the effective date of this Development Code.

"Low barrier navigation center," as defined by California Government Code Section 65660, means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2.

Pets.

3.

The storage of possessions.

4.

Privacy, such as partitions around beds in dormitory setting or in larger rooms containing more than two beds, or private rooms.

"Major tenant" means the business that occupies the greatest amount of leasable floor area in an office or commercial project.

"Manufactured home" shall mean a "structure," as defined in Section 65852.3 of the California Government Code, transportable in one or more sections and is built on a permanent chassis and designed to be used as a "dwelling" with a fixed permanent foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, which is certified under the National Manufactured Housing Construction and Safety Act of 1974, and which is installed on a lot zoned single-family residential (R-1). "Manufactured home" includes a "mobilehome" subject to the National Manufactured Housing Construction and Safety Act of 1974, and which complies with this section.

"Manufactured home park" shall mean any lot or parcel of land where sites are rented or leased, or offered for rent or lease, for one or more "manufactured homes."

"Manufactured home site" shall mean that portion of a "manufactured home park" designated for use or occupancy of one "manufactured home," designed or used for the habitation of one household, and including all appurtenant facilities thereon.

"Manufactured home subdivision" shall mean an area of land where lots are divided for sale, rent or lease to accommodate "manufactured homes."

"Manufacturing" shall mean the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the construction of products, and the blending of materials such as plastics, resins or oils.

"Marina" shall mean a use primarily providing water-oriented services such as yachting boating activities, boat rentals, boat storage and launching facilities, sport fishing activities, excursion boat and sight seeing facilities and other related ancillary activities, including but not limited to fuel sales for users of the premises and minor and boat and engine repair required to support the primary use.

"Massage" means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or

without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, such as Turkish, Russian, Swedish, Japanese, Shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath, including herbal body wraps.

"Massage, accessory use" means massage that is provided by a licensed and permitted massage technician as an accessory use to an approved primary use in which the massage use includes only one massage table or one chair and where only one permitted massage technician is on-duty at any one time, in accordance with applicable city requirements.

"Massage establishment" means any establishment having a fixed place of business where any person provides or attempts to provide, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any business of providing massages, as defined in this section, or health treatments involving massage as the principal function and where more than one massage table or chair will be utilized, or more than one licensed and permitted massage technician will be on-duty at any one time.

"Massage technician" includes "masseur," or "masseuse," "massage practitioner," and "massage therapist," and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this section.

"Medical office" shall mean any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations. Medical clinic includes health center, health clinic and doctor's offices.

"Mobilehome" shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

"Mobilehome development" shall mean an area of land where lots are divided for sale, rent or lease to accommodate "mobilehomes."

"Mobilehome park" shall mean any area or tract of land where two or more "mobilehome" lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for human habitation.

"Mobilehome site" shall mean that portion of a "mobilehome park" designated for use or occupancy of one "mobilehome," designed or used for the habitation of one household, and including all appurtenant facilities thereon.

"Model home" shall mean a dwelling unit located in a residential zone district temporarily used for display purposes as an example of dwelling units available for sale in a particular residential development.

"Month" shall mean a calendar month.

"Motel" shall mean one or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court. Such facilities are designed, used, or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media.

"Motor vehicle" shall mean a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

"Multi-tenant" shall mean any building occupied by more than one "business".

"Municipal Code" shall mean the City of Big Bear Lake Municipal Code.

"Noise" shall mean any undesirable audible sound.

"Nonconforming lot, legal" shall mean a lot, the area, dimensions or location of which were lawfully created in compliance with all applicable ordinances and laws at the time the lot was created, but which, due to the application of this Development Code, or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the lot is located.

"Nonconforming structure, legal" shall mean any structure or improvement that was lawfully established in compliance with all applicable ordinances and laws at the time it was erected, but which, due to the application of this Code or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

"Nonconforming use, legal" shall mean any use of land or property that was lawfully established in compliance with all applicable codes and laws at the time the use commenced, but which, due to the application of this Development Code or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.

"Nuisance," in the context of this title, shall mean the use of property in a manner that is not in compliance with the provisions of this Development Code.

"Official zoning map" shall mean a map that graphically shows all zoning district boundaries and classifications within the City of Big Bear Lake, as adopted by ordinance by the city council.

"Office" shall mean a building or portion thereof wherein services are performed involving predominantly administrative, professional, or clerical operations.

"Offsite" shall mean located outside of the boundaries of the property that is the subject of a development application.

"Onsite" shall mean located on the lot that is the subject of an application for development.

"Open space" shall mean an area of land which is unimproved except for landscaping or recreational facilities, and which is set aside, dedicated, designated, or reserved for public or private use or enjoyment for scenic, environmental, or recreational purposes. Open space does not include: area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational

facilities), proposed and existing public and private streets or driveways, or school sites. See Figure 8 for various types of open space, which include the following:

"Open space, common" shall mean open space within a project, owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, and greenbelts, but excludes pavement or driveway areas, or parkway landscaping within public right-of-way.

ants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, and greenbelts, but excludes pavement or driveway areas, or parkway landscaping within public right-of-way.

"Open space, private" shall mean that open space directly adjoining the unit or building which is intended for the private enjoyment of the occupants of the unit or building. Private open space shall in some manner be defined such that its boundaries are evident. Private open space includes private patios or balconies and front, rear, or side yards on a lot designed for single-family detached or attached housing.

Figure 8: Open Space

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"Open space, usable" shall mean outdoor or unenclosed area on the ground or on a deck or terrace, designed and accessible for outdoor living space, recreation, pedestrian access, or landscaping but excluding streets, parking facilities, driveways, utility or service areas, or areas which due to

their small size or location are not usable for open space purposes.

"Ordinance" shall mean an ordinance of the City of Big Bear Lake and/or Big Bear Lake Fire Protection District.

"Outdoor recreation facility" shall mean a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, skiing, swimming, riding, or other outdoor sport or recreation, operated predominantly in the open, except for clubhouses and incidental enclosed services or facilities.

"Outdoor storage" shall mean the keeping, in an unroofed area, of any goods, junk, material, merchandise, or other similar items in the same place for more than twenty-four (24) hours.

"Overhang" shall mean the part of a roof or wall that extends beyond the façade of a lower wall.

"Overhang, vehicle" shall mean the portion of a vehicle extending beyond the wheel stop or curb.

"Owner" applied to a building or land, shall mean any person appearing on the last equalized assessment roll of the County of San Bernardino, including any part owner and joint owner.

"Pad, building" shall mean that area of a lot graded relatively flat, or to a minimum slope, for the purpose of accommodating a building and related outdoor space.

"Parapet" shall mean the extension of the main walls of a building above the roof level.

"Parcel of land" shall mean a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant(s) or person(s).

"Park" shall mean an open space area set aside and available for use by the general public for recreational, educational, environmental, cultural, or scenic purposes.

"Parking area" shall mean any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

"Parking, covered" shall mean a permanent carport or garage that provides full overhead protection from the elements with roof coverings customarily used in building construction. Canvas, plastic, lath, and vegetation are not ordinary roof coverings and do not qualify a space, when used, as providing a covered parking space.

"Parking, off-site" shall mean the development and use of a parking area on a separate parcel or property from that occupied by the business served by said parking area.

"Parking, shared" shall mean the development and use of parking areas for joint use by more than one business.

"Parking space" shall mean an area, not including driveways, ramps, loading or work areas, which has been delineated and is maintained exclusively for the parking of one motor vehicle.

"Parkway" shall mean the area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for walkways, landscaping and/or passive recreation purposes.

"Patio cover" shall mean any roof-like structure attached to another structure, or any extension of a roofline, constructed for the purpose of decoration or protection from the elements in connection with outdoor living.

"Patio sale." See "Garage sale."

"Perimeter" shall mean the boundaries or borders of a lot, tract, or parcel of land.

"Permit" shall mean written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

"Permitted use" shall mean any use allowed in a zone and subject to the restrictions applicable to that zone.

"Person" shall mean any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, agency, district, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.

"Phase" shall mean any contiguous part or portion of a project that is developed in a sequential manner or as a unit in the time period.

"Planned development" shall mean the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.

"Planning commission" shall mean the planning commission of the City of Big Bear Lake.

"Play court" shall mean any area having a paved or hard surface, used for recreational purposes, including but not limited to courts for tennis, racquetball, squash or badminton play. A basketball hoop adjacent to a driveway or attached to a structure is not a play court for purposes of this Development Code.

"Plot plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, uses, easements, and the exact manner of development proposed for a specific parcel of land, along with information on adjacent streets and properties as may be required by the city planner.

"Plot plan review" shall mean a discretionary entitlement which may be granted under the provisions of this Code which, when granted, authorizes the construction of a specific development on a parcel of land or the substantial modification of an existing development pursuant to Section 17.03.160, subject to compliance with conditions of approval imposed on the "action."

"Preceding" and "following" shall mean next before and next after, respectively.

"Pre-zoning" shall mean the act of designating, in advance of annexation, the zoning to be applicable to a site upon subsequent annexation of that site to the City of Big Bear Lake.

"Principal use" shall mean the primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Development Code.

"Professional office" shall mean an office from which a doctor, lawyer, engineer, or architect or similar professional may offer services within an approved building in a commercial zone (excluding home occupations).

"Prohibited use" shall mean a use that is not permitted in a zone district.

"Project" shall mean the total development within the boundaries as defined on the "development proposal."

"Project inauguration" shall mean the issuance of applicable grading and building permits, installation of internal infrastructure and foundations and the initiation of on-going ground construction. Any cessation of construction activity for over one hundred eighty (180) days shall nullify the inauguration of a project for purposes of this Development Code.

"Projection, architectural" shall mean any projection, including eaves, awnings, and/or chimneys, which extend beyond the face of an exterior wall of a structure.

"Property" includes real and personal property.

"Public facility" shall mean any establishment, building, or operation that is intended to be used by members of the general public or for the establishment of a public use.

"Public hearing" shall mean an open meeting announced and advertised in advance and open to the public, where the public is given the opportunity to make comments on the items advertised, and all reports, testimony and discussion at the meeting is incorporated into the administrative record for the development proposal.

"Public meeting" shall mean an open meeting for which an agenda is posted in advance, as required by state law, but for which additional notice is not required.

"Public notice" shall mean the advertisement of a "public hearing" or "public meeting," or of an intended action on a "development proposal," in a newspaper of general circulation in the area, by posting, mailing, or otherwise, which notice indicates the time, place, project description, and name of the approval or advisory body considering the "action."

"Public right-of-way" shall mean a strip of land acquired by reservation, dedication, prescription or condemnation and which is intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway, pedestrian walkway, or other public use.

"Public utility installation" shall include telephone, electric, and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves, or structures; sewer pipes, valves, or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment, and structures necessary for conducting a service by a government or public utility.

"Reciprocal parking" shall mean a parking area utilized by two or more parties by mutual consent.

"Reciprocal parking and access agreement" shall mean a contract between parties in which they enter into mutual agreement to provide parking and vehicular access between each of the parties. Commonly, these agreements are used between commercial properties.

"Recorder" shall mean the recorder of the County of San Bernardino.

"Recreational facility, commercial" shall mean an establishment providing recreation, amusement, or entertainment services including indoor uses such as theaters, bowling lanes, billiard parlors, skating arenas, and other similar services, and outdoor uses such as golf, tennis, basketball, baseball, skiing, swimming, and similar services, operated in a commercial zone on a private or for profit basis.

"Recreational vehicle" shall mean a vehicle that is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck or sport utility vehicle; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The term

recreational vehicle includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers, and all-terrain vehicles.

"Recreational vehicle park" shall mean any area or tract of land, in an area zoned for recreational use, where one or more lots are rented or leased or held out for rent or lease to owners or users of "recreational vehicles" or tent camping used for travel or recreation purposes, and which is occupied for a period of not more than thirty (30) days for each space.

"Recyclable material" shall mean products including, but not limited to, newspapers, newsprint, aluminum cans, tin cans, low density polyethylene containers, corrugated cardboard, high-grade paper and mixed paper, glass or plastic bottles or containers, or steel and other types of scrap metals, polyethylene terephthalate containers marked "1," high density polyethylene containers marked "2," low density polyethylene containers marked "4," California redemption containers, ferrous metals, non-ferrous metals, white paper, mixed paper, telephone books, Christmas trees, other holiday trees, and other similar items that can be diverted from landfills.

"Recycling facility" shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer; or a transfer station where non-recyclable, solid waste is dropped off and processed for efficient transfer to landfills and other approved solid waste disposal areas. Recycling facilities may include the following:

1.

Small Collection Facility. A small collection facility is a center that occupies an area no more than five hundred (500) square feet for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power driven processing equipment. Small collection facilities may include the following:

a.

Reverse vending machines;

b.

Mobile units;

c.

Bulk reverse vending machines occupying more than fifty (50) square feet;

d.

Kiosk type units which may include permanent structures;

e.

Unattended containers placed for the donation of recyclable materials.

2.

Large Collection Facility. A large collection facility is a center that occupies an area in excess of five hundred (500) square feet and which may include permanent structures.

3.

Processing Facility. A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

a.

A light processing facility occupies an area of not more than forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable 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.

b.

A heavy processing facility is any processing facility other than a light processing facility.

"Religious institution" shall mean any building or structure, or group of buildings or structures, which are primarily used for the conducting of regular and organized religious services and church related activities, exclusive of "educational institutions."

"Repair" shall mean the reconstruction or renewal of any part of an existing building, structure, or other improvement, for the purpose of its maintenance.

"Residence" shall mean a "dwelling" where an individual or household is actually living at a specific point in time. A person may have multiple residences but the home maintained as the permanent home is the domicile.

"Residential use" shall mean the use of property or structures for human habitation, including the activities of cooking, eating, sleeping and living.

"Residentially designated property" shall mean property in any jurisdiction that is either zoned or designated in the general plan of that jurisdiction for residential uses.

"Restaurant" shall mean an establishment which is regularly and in a bona fide manner used and open for the serving of meals to guests for compensation and which has adequate kitchen facilities for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a

sanitary condition with the proper amount of refrigeration for the keeping of food on the premises and must comply with all the regulations of the San Bernardino County Health Department.

"Retail trade" shall mean establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

"Reverse vending machine(s)" shall mean an automated mechanical device which accepts at least one 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.

"Reviewing authority" shall mean the person or decision-making body (i.e., city planner or designee, planning commission, or city council) responsible for the review and "action" on a "development proposal" or "permit," pursuant to Chapter 17.03.

"Rezone" shall mean to change the zoning classification of particular lots or parcels of land.

"Right-of-way." See "Public right-of-way."

"Riparian" shall mean of, pertaining to, situated, or dwelling on the bank of a river, lake, pond, or other body of water.

"Roofline" shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

"Room" shall mean an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

"Rooming house" and "boarding house" shall mean a residential building or structure maintained, advertised, or held out to the public as a place where sleeping or rooming accommodations are furnished to the public, whether with or without meals.

"Run with the land" shall mean a covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property.

"Sanitarium" shall mean the same as hospital.

"Satellite dish" shall mean an apparatus capable of receiving communications from a transmitter relay located in planetary orbit.

"School, public or private" shall mean the same as "educational institution."

"School, vocational, business or trade" shall mean a facility primarily teaching usable skills that prepare students for jobs in a trade, and meeting state requirements as a vocational facility; see "educational facility, commercial."

"Screening" shall mean a method of visually shielding or obscuring a structure or use, or portion thereof, from an abutting or nearby use, or from the general public, by a fence, wall, hedge, berm or similar

structure, architectural or landscape feature, or combination thereof.

"Second dwelling unit" shall mean an additional dwelling unit on a single-family residential lot in accordance with California Government Code Section 65852.2; second dwelling units are prohibited in the City of Big Bear Lake, based on the findings contained in Section 17.25.210.

"Setback" shall mean the minimum required distance that a building, structure, parking area or other designated item must be located from a lot line (see also "Yard").

"Setback line" shall mean a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot (see also "Yard").

"Sexually oriented businesses" shall mean those uses defined in Ordinance No. 99-302, as it may be amended from time to time.

"Shopping center" shall mean a grouping of retail business and service uses on a single site with common parking facilities.

"Shoreline" shall mean a nearly level stretch of land besides a lake that may be man-made or created by the action of the water.

"Sidewalk" shall mean that portion of a street between the curbing and the adjacent property line that is paved or otherwise provided with an approved surface accessible to the disabled, and intended for the use of pedestrians.

"Sign" shall mean any object having a visual appearance primarily used for or having the effect of attracting attention from the streets, sidewalks, or other outside public areas for identification purposes, including but not limited to all outdoor advertising and any card, cloth, paper, paint, plastic, metal, painted glass, or wooden or stone materials, and any and all devices, structural and otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, or in the front, rear, sides, or top of any structure, on any land, or any rock, bush, wall, tree, post, fence, building, or structures, which device in any manner, or by any means, whether enumerated in this paragraph or not, conveys a message, announces or directs attention to the name, nature, merits, availability, price, or type of goods, services, or products produced, sold, stored, furnished, or available at that location or at any other location, and including the support elements, distinct background area and decorative embellishments thereof, with the exception of the following:

1.

Such devices not exceeding one square foot in area and bearing only property numbers, names of occupants or other similar identification on a site;

2.

Flags and other insignia of any government not displaying a commercial message;

Legal notices, or notices containing identification, informational, or traffic directional information;

4.

Decorative or architectural features of buildings, except letters, trademarks, or moving parts;

Holiday decorations and lights;

6.

Government traffic controlling devices.

For definitions of specific sign types and terms, see Section 17.12.020.

"Sign Ordinance" shall mean Ordinance No. 2000-310 of the City of Big Bear Lake, as codified in Chapter 17.12 of this Development Code, as it may be amended from time to time.

"Site plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific development site.

"Slope" shall mean an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. See "Gradient."

"Slope face" shall mean the slope located directly below, and leading up to, the crest of a ridgeline or prominent landform.

"Slope, manufactured" shall mean a man made slope created by grading that consists wholly of cut or filled material.

"Slope steepness" shall mean the relationship (the ratio) between the change in elevation (rise) and the horizontal distance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100). (See Figure 9.)

Figure 9: Calculation of Slope

==> picture [408 x 384] intentionally omitted <==

"Ski resort" shall mean a "commercial recreational facility" offering skiing and snowboarding facilities, which also includes ancillary sales, rental and service of related equipment and accessories, eating establishments, and related services.

"Social or professional organization" shall mean a nonprofit association of persons, whether incorporated or unincorporated, organized for some common purpose including fraternities, sororities, lodges, political membership, veterans, civic, social, and similar organizations, but not including a group organized primarily to render a service customarily carried on as a business.

"Solid fill" shall mean any non-combustible materials, insoluble in water, such as soil, rock, sand, or gravel, which can be used for grading land or filling depressions.

"Special event" shall mean an outdoor temporary use or group of related outdoor temporary uses of limited duration that is not regularly conducted on a site as a normal, ongoing component of the primary land use occupying the site; for types of special events, see Section 17.03.300.

"Specialty food store" shall mean a retail establishment offering sale of packaged and prepared food products to a specific segment of consumers, including but not limited to meat markets, health food stores, or ethnic food stores carrying solely those items that are the customary fare of a particular culture. A specialty food store may also include a full service food market containing less than five thousand (5,000)

square feet of gross floor area wherein at least ten percent (10%) of the gross floor area is utilized for the sale of fresh meat, seafood, and fresh produce.

"Specific plan" shall mean 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.; approval of any new specific plan is subject to Section 17.03.290.

"Sphere of influence" shall mean the ultimate physical boundary and service limits of the city as approved by the San Bernardino County Local Agency Formation Commission.

"Stable, commercial" shall mean a stable for horse, mules, ponies, or other equines that are rented, used, or boarded on a commercial basis for compensation.

"Stable, private" shall mean an accessory building or enclosure for the keeping of horses, mules, or ponies owned by the occupants of the premises and not rented, used, or boarded on a commercial basis for compensation.

"State" shall mean the State of California.

"Stockpile" shall mean the temporary placement or storage of inert materials, including but not limited to rock, sand, gravel and soil. No stockpile shall contain biological material, such as green waste, trash, composted material, bio-solid material or sludge.

"Storage facility, personal" shall mean a building or group of buildings in a controlled access compound that contains varying sizes of individual, departmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares.

"Street" shall mean any public or private highway, road, or thoroughfare that affords the primary means of access to abutting property, including all right-of-way.

"Street, private" shall mean a street that is not dedicated for public right-of-way.

"Structure" shall mean anything that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 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.

"Structure, principal" shall mean the building(s) or structure(s) in which the principal use of the lot is conducted.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

"Subdivision" shall mean the division, by any subdivider, of any unit of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, pursuant to state law.

"Supportive housing" shall mean a residential unit as defined in subdivision (b) of Section 50675.14 of the California Health and Safety Code. Supportive housing is a residential use of property subject to the same requirements and standards that apply to other residential uses of the same type in the same zone.

"Swap meet" shall mean any indoor or outdoor place, location or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to flea markets, auctions, or other similar activities, but the term does not include supermarket or department store retail operations.

"Temporary dependent housing" shall mean a residential dwelling unit intended for the sole occupancy of one or two adult persons who are sixty-two (62) years of age or over, or handicapped, permitted in accordance with Section 17.25.130.

"Temporary structure" shall mean a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Temporary use" shall mean a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

"Tenant" and "occupant" shall mean, when applied to a building or land, any person who occupies the whole or a part of such building or land, whether alone or with others.

"Timeshare" shall mean a project in which a person purchases an undivided interest in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other basis.

"Thrift store" shall mean a commercial location where used merchandise is offered for sale or exchange to the general public, where the value of such merchandise is not increased by virtue of its age or rarity.

"Townhouse" shall mean a dwelling subdivided into individual units such that each owner owns the unit structure and the land on which the unit is located or an exclusive easement for it, plus a common interest in the land upon which the building is located.

"Trailer" shall mean a vehicle designed for carrying persons or property on its own structure and capable of being drawn by a motor vehicle.

"Transient private home rental" shall mean a dwelling unit, including either a single-family detached or multiple family unit, rented for the purpose of overnight lodging for a period of not less than one night and not more than thirty (30) days, pursuant to Section 17.03.310.

"Transitional housing" shall mean a residential unit as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Transitional housing is a residential use of property subject to the same requirements and standards that apply to other residential uses of the same type in the same zone.

"Transfer station" shall mean an area, including any necessary buildings or structures, for the temporary storage of solid waste, prior to its transport to a landfill.

"Tree" shall mean a self-supporting woody plant growing upon the earth that usually provides one main trunk and produces a more or less distinct and elevated crown with many branches. For purposes of this Development Code, the term "tree" shall include only those trees with a trunk of six inches or greater diameter at four and one-half feet above existing grade, except that if a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point below the split.

"Tree Conservation Ordinance" shall mean Ordinance No. 2002-325, as codified in Chapter 17.10 of this Development Code, as it may be amended from time to time.

"Triplex" shall mean the same as "dwelling, three-family."

"Use" shall mean the purpose for which land or a building or structure is arranged, designed, or intended to be utilized, or for which it is or may be utilized, occupied or maintained.

"Use, accessory." See "Accessory."

"Variance" shall mean a discretionary entitlement that permits the departure from the strict application of the development standards contained in this Development Code, pursuant to Section 17.03.180.

"Vehicle" shall mean a device by which a person or property may be propelled, moved, or drawn upon a highway or water, except a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.

"Vehicle, commercial" shall mean a vehicle customarily used as part of a business for the transportation of goods or people.

"Vehicle sight area" shall mean the area established at street intersections and driveways, in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

"Vehicle queuing area" shall mean an area for temporary stopping of motor vehicles in a line while awaiting service, such as provided at a drive-through business.

"Veterinary clinic, small animal" shall mean any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from medical procedures.

"Warehouse" or "storage and distribution building" shall mean a building primarily used for the storage of equipment, building materials, lumber, furniture, manufactured goods, wholesale products, and similar types of materials or finished products, including, but not limited to wholesale distribution facilities, and moving and transfer storage, except that these terms do not include personal storage facilities or excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions.

"Warehousing" shall mean the act of maintaining or operating a warehouse.

"Watercourse" shall mean a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which water flows at least periodically. This definition shall include specifically designated areas in which substantial flood damage may occur.

"Wetland" shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

"Wholesale sales" shall mean the sale of goods by an individual or firm, usually in large quantities and at lower prices, to another individual or firm for the purposes of resale; or a sale of product for which the purchaser pays no sales tax.

"Wireless communication facility" shall mean a facility consisting of a base station, as defined in 47 C.F.R. § 1.40001(b)(1), and any equipment installed and owned by a third party used to deliver a service (other than a communications service) to a communications facility (e.g., electric meter), and the wireless support structure, if any, associated with the same.

"Wireless support structure" has the same meaning as the term "tower" as defined in 47 C.F.R. §

1.40001(b)(9). Wireless support structure includes a monopole or tower built for the sole or primary purpose

of supporting any Federal Communications Commission-licensed or authorized antenna and associated facilities. This definition does not include utility poles.

"Workforce housing" shall mean housing that is targeted towards individuals and households with annual incomes in the moderate or below income categories as published annually by the State of California Department of Housing and Community Development.

"Xeriscape" shall mean trees, shrubs, groundcover, and other plant material that survive with a limited amount of supplemental water.

"Yard" shall mean an open space on a parcel of land, other than a court, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Figure 10 for various types of yards, which include the following:

"Yard, front" shall mean 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 corner lots, the shortest street frontage shall be the front yard in residential land use districts, while the longest street frontage shall be the front yard in commercial/industrial land use districts.

"Yard, interior side" shall mean 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" shall mean 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 location of the rear yard shall be determined by the city planner based on the project design and surrounding development pattern.

"Yard, street side" shall mean 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 (whichever is greater) to a structural setback line parallel thereto.

Figure 10: Types of Yards

==> picture [360 x 258] intentionally omitted <==

"Yard sale." See "Garage sale."

"Year" shall mean three hundred sixty-five (365) days, or a calendar year.

"Zero lot line" shall mean the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.

"Zone" shall mean a portion of the territory of the city, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are not permitted and within which certain yards and open spaces are required and certain height limits and other standards are established for buildings, all as set forth and specified in this Development Code.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2017-454, § 4(Exh. 1, § B), 6-12-2017; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022; Ord. No. 2022-506, § 4(Exh. A), 10-3-2022)

Chapter 17.03 - GENERAL PROCEDURES

17.03.010 - Intent and purpose.

This chapter contains the procedures and regulatory provisions necessary to administer this Development Code in order to provide for land use consistency with the general plan, regulate uses which have the potential to adversely affect surrounding properties, promote an attractive, livable and economically viable community, and provide flexibility in standards and requirements when special circumstances exist.

ontains the procedures and regulatory provisions necessary to administer this Development Code in order to provide for land use consistency with the general plan, regulate uses which have the potential to adversely affect surrounding properties, promote an attractive, livable and economically viable community, and provide flexibility in standards and requirements when special circumstances exist.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

The land use applications set forth in this chapter shall be reviewed and approved in accordance with the following basic procedures, and with the applicable provisions of this chapter for each type of application:

1.

Public hearing by the city council and/or planning commission, in which the reviewing authority invites public testimony for and against the land use proposal, reviews evidence and renders its decision; or

2.

Administrative review, used when land use decisions are made based upon standards that have been adopted by the city as law or policy. The reviewing authority shall be the city planner, or his or her designee. The reviewing authority may render a land use decision without giving notice to surrounding property owners and other parties. However, where deemed necessary, the reviewing authority may require that notice be provided to contiguous property owners pursuant to Section 17.03.030.B.

B.

Review procedures for each application type are specified in Sections 17.03.150 through 17.03.320 of this chapter.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.030 - Notification procedures.

A.

General Provisions.

1.

When a provision of this title or other applicable ordinance of the City of Big Bear Lake or state law requires notice to the public of a proposed land use decision, notice shall be provided pursuant to this section. Notice may be given in such other manner as is required by state law or deemed necessary or desirable by the city planner.

2.

Notice shall be given by first class mail to any person who has filed a written request for such notice.

3.

Notice shall be given in the case of a conversion of residential real property to a condominium project, community apartment project or stock cooperative, pursuant to state law.

4.

"Surrounding property," for the purposes of this section, shall be defined as those properties that fall within a radius drawn from the nearest limits of the property that is the subject of the land use application, as follows:

a.

If the subject property is five acres or less in size, all properties within three hundred (300) foot radius shall be notified;

b.

If the subject property is greater than five acres but ten (10) or less acres in size, all properties within a five hundred (500) foot radius shall be notified;

c.

If the subject property is greater than ten (10) acres in size, all properties within a seven hundred (700) foot radius shall be notified;

d.

The city planner may expand the surrounding property notice requirement if deemed necessary to include all properties potentially affected by the application.

5.

"Contiguous property," for the purpose of this section, shall be defined as those properties which touch property lines of any parcel that is the subject of a land use decision, including those properties which touch said property lines of the subject parcel when projected across public or private rights-of-way and easements.

6.

A one-eighth page display advertisement in a newspaper of general circulation within the city may be substituted for individual property owner notice, whenever the individual notice would require notification of one thousand (1,000) or more property owners.

B.

Public Hearing Notification.

1.

At least ten (10) days before the required public hearing on a land use decision, the city planner shall cause notice of the time and place of the public hearing on the project to be given pursuant to this section.

2.

Notice shall be published once in a newspaper of general circulation within the city for land use approvals requiring a public hearing, if such a newspaper has been legally adjudicated for this purpose.

3.

Notice shall be posted at least ten (10) days prior to the public hearing in at least three public places within the boundary of the city.

4.

Notice shall be mailed or delivered to the owner of the property or the owner's agent and to the project applicant.

5.

Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those services may be significantly affected.

6.

The notice shall include the date, time, and place of the public hearing, the identity of the hearing body or officer, a general description of the matter to be considered, a general description, in text or by diagram, of the location of the real property (if any) that is the subject of the hearing, and whether a negative declaration or environmental impact report has been prepared.

7.

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice shall be mailed or delivered to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drivethrough facility permit, when one or more representatives of this community can reasonably be identified.

8.

Additional public notification beyond the boundaries specified in Section 17.03.030.A.4 above may be required for a development related project as determined by the city planner in any one of the following circumstances:

a.

The proposed development is a residential infill project with a higher intensity land use than that of the existing neighborhood; or,

b.

The proposed development is a proposed n infill project which requires a general plan amendment or environmental impact report; or,

c.

As determined to be necessary and desirable by the city planner based on the nature of the proposed project.

9.

In determining the boundaries of an expanded notification area, the following criteria shall be used:

a.

The expanded area may be directly affected by the proposed project due to proposed or established circulation, drainage patterns, view, grading, or other environmental or infrastructure conditions; or

b.

The expanded area is an integral part of the affected neighborhood or subdivision.

c.

If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified within thirty (30) days, as part of the city's notice of complete application, of the expanded notification area to be included in the mailings, and shall be required to submit three sets of gummed address labels based on the latest equalized tax assessors rolls for the expanded area. The application shall not be deemed complete until the labels have been submitted.

C.

Notification of Administrative Actions.

1.

Any administrative actions that necessitate notifications shall adhere to the specifics for that particular action, as stated in this chapter.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

17.03.040 - Development applications.

A.

Scope. Applications for all land use decisions shall be made to the planning division on forms available from the division. Each application for a land use decision shall be accompanied by such information and materials deemed necessary by the division and as listed in the application to render the requested land use decision. All applications shall comply with all applicable procedures of this section and shall be consistent with the following:

1.

Any application made under the provisions of the Development Code may be initiated by the city council, or by any person who has a legal interest in the property that is the subject of the application, unless otherwise indicated in this Development Code.

2.

All land use decisions that are subject to the California Environmental Quality Act shall be reviewed by the planning division.

3.

When more than one land use decision is required for a single project, all applications shall be filed concurrently, unless otherwise approved by the city planner.

4.

The planning division shall prepare written guidelines that set forth detailed procedures for the review of each application type, and which outline the information and materials required for each application. Any application for a land use decision that does not meet the requirements set forth in the applicable guidelines may be deemed incomplete or not accepted for filing.

B.

Application Fees and Deposits. Concurrent with the submittal of an application for development, a fee and/or deposit shall be made, in the amount determined by resolution of the city council, and other applicable agencies, to cover the cost incurred in the processing of the application(s).

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.050 - Time limitations for application acceptance.

A.

The following time limits are established for accepting land use applications as complete, unless otherwise required or authorized by applicable law.

1.

Any application for a permit or entitlement pursuant to this Development Code must be accepted as complete for processing by the planning division in order to initiate the official review process. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the city planner. In addition to the standard submittal requirements, the planning division may request, in writing, information necessary for the complete analysis of an application. All required materials, information, and fees shall be provided by the applicant before the application is deemed complete for processing.

2.

Within thirty (30) calendar days after receipt of an application, the planning division shall review the application and determine if it is complete for processing and shall notify the applicant of such determination in writing. Said notice shall also indicate the information and/or plans necessary to make the application complete. Upon receipt of the required items by the planning division, the information shall be reviewed for completeness and a determination of completion shall be made within thirty (30) calendar days and such determination shall be transmitted to the applicant in writing. If the written determination is not made within that thirty (30) day period, the application shall be deemed complete for purposes of this chapter.

3.

Incomplete actions. In the event an initial application for which requested information to complete the application has not been received within ninety (90) days, the application shall automatically be deemed abandoned and no further action on the application may be conducted.

B.

The city planner or his/her designee and the applicant may mutually agree to a reasonable extension of these time limits, as permitted by state law.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

17.03.060 - Reserved.

Editor's note— Ord. No. 2022-503, § 4(Exh. 1), adopted August 15, 2022, repealed § 17.03.060 which pertained to appeals of determination of incomplete applications and derived from Ord. 2003-333, adopted 2003; Ord. No. 2011-417, adopted December 12, 2011.

The following time limits are established for rendering land use decisions, unless otherwise required or authorized by applicable law.

A.

Except for legislative acts of the city council, the city shall render its decision on a land use application within the following time limits unless otherwise required or authorized by applicable law:

1.

If a negative declaration is prepared, or if the project is exempt pursuant to the Public Resources Code, the project shall be approved or disapproved within the time limits set forth by California Government Code Section 65950, as amended from time to time except as provided in Section 17.03.070.A.3.

2.

If an environmental impact report (EIR) is prepared, the project shall be approved or disapproved within the time limits set forth by California Government Code Section 65950, as amended from time to time, except

as provided in Section 17.03.070.A.3.

3.

Should compelling circumstances justify additional time to complete the environmental review process, no more than one extension of time may be granted by the planning division, if the project applicant requests or consents to such an extension, for a period not to exceed 90 calendar days from the date of the extension, subject to the applicable provisions of state law and the city's adopted CEQA Guidelines. No other extension, continuance, or waiver of these time limits either by the project applicant or the city shall be permitted, pursuant to state law.

4.

The planning commission shall approve, conditionally approve, extend, or disapprove a tentative map within the legal time limits established by the Subdivision Map Act. These time limits or any other time limits for reporting and acting on maps as specified in Title 16 (Subdivisions) of the Municipal Code or any other applicable adopted ordinance, policy or code, may be extended by mutual consent of the subdivider and the planning division. Upon consent of the subdivider, a waiver of any of these time limits may be obtained for the purpose of permitting concurrent processing of related land use applications. Pursuant to California

Government Code Section 66452.1(c), the time limits for action on a tentative map commence after the certification of an EIR, adoption of a negative declaration, or a determination that the project is exempt from CEQA review.

B.

When a land use application decision is contingent on approval of another application which requires legislative action, such as a general plan amendment or zone change, the time limits specified by this section for acting on such a land use application shall commence on the effective date of the last such legislative action on which that land use application is contingent.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.080 - Decisions by reviewing authority.

A.

A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body for that type of land use application. In such cases, the referring authority shall prepare a statement containing the reasons for referring the land use decisions.

B.

Prior to rendering a land use decision, the reviewing authority shall address each of the required findings or criteria that apply to the application type as described in this chapter. Evidence or testimony shall be given to substantiate the reviewing authority's determination on each of the findings applicable to the case being considered, and shall be specifically cited in the action taken by the reviewing authority.

C.

From time to time, hearings on development applications may be continued, provided that the time and place to which continued is announced prior to adjournment of the meeting from which continued. Where such continuances are requested by the applicant, the city may require payment of fees as specified by city council resolution, to reimburse costs reasonably borne for such continuance of the public hearing.

D.

The reviewing authority may take an action of denial without prejudice on a land use application. Such action shall allow the applicant to reapply for the same permit immediately upon the effective date of the decision unless otherwise specified in the Development Code.

E.

In approving an application for a land use decision, the reviewing authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety and general welfare.

F.

The reviewing authority shall ensure that each application approval is consistent with the San Bernardino County Hazardous Waste Management Plan, and shall add conditions of approval as deemed necessary to ensure compliance with said plan.

G.

For legislative actions such as general and specific plan amendments, zone changes, and developmentrelated ordinances, the planning commission shall review and make a recommendation to the city council as the final reviewing authority.

H.

The planning commission shall adopt and publish rules for the conduct of their hearings or meetings on zoning matters.

I.

When a city staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of such hearing.

J.

When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, and copies made available to any interested party at cost. A deposit may be required with such request.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Ordinances approving land use decisions shall become effective thirty (30) days after the second reading of the ordinance, unless some later date is specified within the ordinance.

B.

Land use decisions made at a public hearing shall be effective on the eleventh day after the decision date, except when the eleventh such day is not a city business day. In such circumstances, the land use decision shall become effective on the next city business day following such eleventh day.

C.

Land use decisions made by administrative action shall become effective on the eleventh day after the written notice of the land use decision has been deposited in the U.S. mail, except when the eleventh such day is not a city business day. In such instances, the land use decision shall become effective on the next city business day following such eleventh day.

D.

Notwithstanding the provisions of this section, land use decisions which are made contingent upon approval of a legislative action, such as a general plan amendment or zone change, shall become effective on the date when the approval of the last such application to which they are subject becomes effective.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Minor modifications to the approved site plan or the conditions of approval for a development project may be approved by the city planner through an application for a minor modification, pursuant to Section 17.03.250 of this Development Code. However, should the city planner determine that the proposed modification(s) may have significant impacts on the project site or surrounding properties, the city planner may require submittal of an application and approval of a major modification to the original project approval. In the latter case, the review procedures for the requested modification(s) shall be those that were applicable to the project when originally reviewed.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.110 - Appeal procedures.

A.

Prior to its effective date, any land use decision made in accordance with the provisions of this Development Code by a reviewing authority other than the city council, may be appealed by the applicant, a member of the city council, or any other person as follows:

1.

The planning commission shall consider appeals regarding land use decisions made by the city planner.

2.

The city council shall consider appeals regarding land use decisions made by the planning commission.

3.

Appeals of any actions of the city planner or planning commission, as outlined above, may be made by any person in the manner described below. While an appeal is pending, the establishment of any affected structure or use is to be held in abeyance.

B.

Applications for an appeal of a land use decision, including an appeal filed by a member of the city council, shall be made upon forms supplied by the reviewing authority to which the appeal is being made. All such applications for appeals shall be submitted to the planning division and shall be accompanied by a written statement of the grounds upon which the appeal is based. A uniform fee, as established by the city council, shall be paid at the time the appeal is filed.

C.

An appeal of a land use decision must be filed prior to the date on which such land use decision becomes effective, as specified in Section 17.03.090 of this chapter. Within thirty (30) days of the acceptance of an application for an appeal of a land use decision (except where otherwise provided in the Subdivision Map Act), the city planner or city clerk shall establish a hearing date and shall give notice of the date, time and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.

D.

Any member of the city council who appeals a land use decision made in accordance with the provisions of this Development Code to the city council shall abstain from participating as a member of the city council in the appeal hearing and decision, but may provide written or oral testimony on the matter to the city council in the same manner as, and in the time provided for, members of the general public.

E.

Notwithstanding the provisions of Section 17.03.110.D. regarding appeal procedures for any city council member, the city council may vote at a regularly scheduled meeting to review a decision by the planning

commission, within ten calendar days of such decision. The application decision requested for city council review shall be agendized at the next regularly scheduled meeting and shall not be subject to payment of a fee.

F.

The appeal hearing shall be a hearing de novo. Upon hearing the appeal, the appeal body shall consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling being appealed, or may make or substitute such other or additional decision or determination as it may find warranted under the provisions of the Development Code, or other applicable adopted city code, resolution or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original decision maker, including the requirements for environmental review. The appropriate authority shall forthwith transmit a copy of the decision to the applicant, appellant and, in the case of a city council decision, to the planning commission.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

17.03.120 - Approval period for conditional land use decisions.

A.

Any conditional land use decision made in accordance with the provisions of this Development Code shall be subject to the following time limitations:

1.

Unless all conditions have been complied with and the occupancy, use or division of land authorized by the land use decision has been inaugurated or been recorded within the time specified for each land use application type within this Development Code, the land use decision shall become null and void. For the purposes of this section, the term "inaugurated" shall mean that applicable grading and building permits have been issued, and that substantial work has been performed and substantial liabilities have been incurred in good faith reliance on such permits.

2.

Where circumstances warrant, the reviewing authority may grant an extension of time. The length of such extension shall be determined by the reviewing authority based on the limitation specified in this chapter, but in no case shall a conditional land use decision be extended for a total approval period exceeding three years unless otherwise provided by state law. The reviewing authority of an application for an extension of time of a previously approved development project shall be the authority which reviewed the original

application, except where such application was approved on appeal, in which case the reviewing authority shall be the appeal body. All requests for a time extension shall be submitted in complete form within ninety (90) days prior to the expiration date and must be deemed complete by the city by the expiration date in accordance with Sections 17.03.050 and 17.03.060, or the project approval will be deemed to have expired.

3.

Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project's approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted, provided no single action is taken to grant an extension greater than twenty-four (24) months.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.130 - Pre-construction conference.

A.

The city may request that a project applicant or developer attend a pre-construction conference prior to the issuance of grading and/or construction permits for a conditionally approved development project. The purpose of this conference is to acquaint the developer with the requirements, policies and procedures of the city, to identify special conditions of approval and/or mitigation measures which must be addressed at the construction stage, and to familiarize the city with anticipated construction schedules and personnel.

B.

The applicant may be required to submit materials at the time of application to facilitate review of construction related issues on the project.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.140 - Final clearance.

A.

No building, structure, or land shall be used or occupied, and no change in the existing occupancy classification or existing use of a building, structure, or land, or portion thereof, shall be made unless zoning clearance is first obtained from the planning division, in addition to other required approvals, inspections, and certificates.

B.

New buildings, building expansions and building alterations. Final clearance from the planning division shall be granted only after such new buildings, enlargement, or alteration have been completed in conformity with the provisions of the Development Code and with any approved site development plans and required conditions, and when the proposed use conforms to the Development Code and any other applicable adopted city ordinances, resolutions, ordinances, or standards.

C.

Existing buildings and undeveloped land. Except as provided in Section 17.03.320 (Non-Conforming Uses and Structures), final clearance from the planning division shall be granted for the re-use of an existing building or the use of undeveloped land only after the improvements for such building or land conform to the property development standards of the Development Code and other applicable city codes, resolutions, ordinances, or standards. Such standards may include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the reviewing authority to be necessary or required by any regulating authority for the particular use.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

An applicant may submit materials for and attend a preliminary development review conference to evaluate the development proposal prior to acceptance of a formal application. The purpose of this conference is to acquaint the city and other agencies with the intentions of the applicant, to acquaint the applicant with any applicable policies and procedures, to identify city ordinance and improvement standards applicable to the proposal, and to identify any significant development opportunities and/or constraints on the site.

B.

The preliminary development review shall include an exchange of information concerning the entire area intended by the applicant to be developed, even if such development is intended to proceed by stages, whether or not applications for review of the entire project area are made at the time of the initial application.

C.

Application for pre-development review shall be made at the planning division and shall be accompanied by the appropriate fee as adopted by the city council or other agencies. The applicant shall submit development plans and or other applicable materials, showing proposed land use types, areas and locations. The conceptual development plan and/or materials shall include sufficient information about the proposal to permit evaluation of the development issues identified in this section. The application shall include an affidavit signed by the applicant indicating their understanding that the preliminary development review is not an application for a "development project" as defined in California Government Code Section 65920 et seq., and that the time limits of the Permit Streamlining Act are not applicable.

D.

The preliminary development review shall address, but not be limited to, the following subject matter, as applicable.

1.

Subject Parcel: its size, location, dimensions and area; any existing improvements or development on site; existing general plan and zoning designations.

2.

Proposed Development Project: uses proposed for the site, type and placement of buildings and other improvements.

3.

Characteristics of the Project Site and Vicinity: existing and proposed land use designations and development on adjacent parcels; any identified natural or manmade hazards on site or in the vicinity.

4.

Proposed Circulation Improvements, Both On and Off-Site: access points and vehicular access ways, parking, loading, and pedestrian circulation, location and width of existing and proposed improvements on adjacent roadways.

5.

Public Improvements: type, location and sizes of public facilities likely to be required to support the proposal, including utilities, sewer, water and drainage, along with a plan for providing and maintaining improvements.

6.

Open Space: location, amount, type and method of maintenance for proposed open space and landscaped areas.

7.

Community Service Impacts: estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

The plot plan review process is intended to promote orderly and attractive development, recognize environmental limitations on development, stabilize land values and investments, and promote the general welfare by preventing the establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of the general plan or of this Development Code or which are not properly related to their sites, surroundings, traffic circulation, or environmental setting.

A.

General Provisions.

No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development project(s) which requires a plot plan review, without having first complied with the provisions of this chapter.

2.

Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the reviewing authority may establish more stringent regulations than those otherwise specified for the applicable zone district in which the project site is located.

3.

The following uses have been determined to be exempt from plot plan review requirements:

a.

Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic or waste disposal, as determined by the building official and city planner. For purposes of this section, the term "substantial changes" shall mean a change which requires a different occupancy classification under the applicable fire and building codes, or which alters the use of the building from one general use category to another (such as a change from residential to commercial, or a change from office to retail use). The term "greater impact" shall mean a significant increase in the number of vehicle trips generated by the use, or in the amount or type of solid waste generated by the use.

b.

Alterations to building exteriors not resulting in substantial changes of use, drainage patterns, parking, traffic, easements, or greater impacts on infrastructure and public services, as determined by the city planner. For purposes of this section, the term "substantial changes" shall mean a change in use type or use classification as set forth in paragraph 17.03.160.A.3.a, or a change which results in changed or increased stormwater runoff, increased parking requirements, increased trip generation, the need for dedication of easements, greater incompatibility with surrounding properties and uses, and/or increased demand for public services.

c.

Repair and maintenance of structures or parking areas, unless constrained by existing infrastructure and existing drainage patterns and/or easements. For purposes of this section, the term "constrained by existing infrastructure" shall mean that any proposed maintenance and/or repair will not alter the site so as to change drainage flows, obstruct easements, or conflict with existing utilities or rights-of-way.

d.

Replacement and/or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the building official and city planner to be consistent with the design, use and intensity of the original structure, and consistent with the zoning and general plan designations. For purposes of this section, the term "partially destroyed" shall mean that the cost to repair the structure shall not exceed fifty percent (50%) of the value of the structure.

e.

Expansions to multiple residential, commercial, or industrial buildings or structures of twenty-five percent (25%) or less of the total floor area, or no more than five thousand (5,000) square feet, whichever is less, where the proposed expansion will not result in a change in the land use or intensity or cause increased impacts on existing infrastructure and public services, as determined by the city planner. A new plot plan review or major modification shall be required where an addition, which combined with any addition approved within twenty-four (24) months of the filing of the application, exceeds twenty-five percent (25%) of the total floor area or five thousand (5,000) square feet, whichever is less.

f.

Reductions of floor or building area within a previously approved plot plan review where it is determined that the modification would not result in a significant change in circumstances requiring additional environmental or planning review.

g.

Single-family residential development (one residence per parcel) on existing lots of record.

4.

Where permitted by the zone and unless otherwise specified, the following uses shall require approval of a plot plan review.

a.

Any use that is listed as permitted with plot plan review in the applicable zone district.

b.

Any new construction of a commercial, industrial, multiple family residential, or institutional use (including public and quasi-public facilities), except as otherwise specified in this Development Code.

c.

Additions to pre-existing multiple residential, commercial, or industrial structures or uses which have been legally established under the provisions of an approved plot plan review and which are permitted as such in the applicable zone district, which will result in an increase in total floor area of twenty-five percent (25%) or greater, or expansions of five thousand (5,000) square feet or greater.

d.

Projects involving a change or intensification of land use, when the new use is permitted in the underlying zone district with plot plan review.

e.

A conversion of a single-family house to any other use, except as otherwise specified in this Development Code.

5.

All applications for plot plan review or a major modification of a plot plan review shall be reviewed by the planning commission.

6.

Any use existing on the effective date of this Development Code, which was permitted subject to an approved plot plan review, shall be deemed a pre-existing use. Such use may continue in accordance with this section, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of a site or building containing a previously approved plot plan review use which has become non-conforming due to adoption of this Development Code or any subsequent amendments thereto, shall comply with Section 17.03.320 of this chapter regulating non-conforming uses until such use is brought into conformance with this Development Code. Any use existing on the effective date of this Development Code which would require approval of a plot plan review to be established in that zone, but for which such approval has not been obtained, shall be deemed a non-conforming use and regulated by Section 17.03.320 of this Development Code, except that the owner may file an application for a plot plan review to legalize the use along with any proposed expansions, alterations or reconstructions which comply with the requirements of this Development Code. Approval of any such application would eliminate the classification of the property as "non-conforming."

B.

Application Procedure.

1.

Preliminary Development Review. A conference between city staff, any referral agencies deemed necessary by the city, and the applicant may be conducted pursuant to Section 17.03.150.

2.

Formal Application Submittal.

a.

The project applicant must be the property owner or an authorized agent.

b.

After a preliminary development review has been held, when applicable, the applicant shall prepare a comprehensive site plan and complete the required application forms supplied by the city. The applicant shall file said plans and application with the planning division, along with the required fee as adopted by the city council. Information requested on the application form and other processing requirements, including but not limited to number of copies requested, maps, graphics or informational reports and studies, shall be determined by the planning division.

c.

The applicant may be required to clarify, correct or supply additional information before the application is determined by the city to be complete. Upon making the determination as to whether the application conforms to these standards, the city will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in Section 17.03.050, of this chapter.

3.

Plot Plan. The application shall be accompanied by the required number of plot plan maps, drawn at a minimum scale of 1" = 20' or other scale approved by the planning division, on standard sheets of twentyfour (24) inches by thirty-six (36) inches. The plot plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information which can be graphically depicted on the plan, as specified in the checklist provided by the planning division.

4.

Drawings and Elevations.

a.

Elevations showing the general appearance, features and heights of proposed structures shall be submitted, as required on the application checklist.

b.

When required by the planning division, drawings and elevations shall be submitted in addition to those accompanying the site plan, which shall include but not be limited to the following:

(1)

Roof overhangs and any other parts of the structures that protrude from the building surfaces.

(2)

Details indicating rooftop-screening material, methods, and a view analysis of proposed screening, when required.

(3)

Uses of each room on floor plans, if required.

C.

Approval Requirements.

1.

A plot plan review approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes

in ownership.

2.

A project approved by plot plan review shall be inaugurated within twenty-four (24) months from the effective date of the decision. One or more extensions of time, not to exceed a total of twelve (12) months from the original expiration date, may be granted pursuant to Section 17.03.120, of this chapter.

3.

The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:

a.

Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the proposed development.

b.

On and off-site improvements, including but not limited to the following:

(1)

Grading improvements, erosion control measures, and drainage facilities and structures necessary to protect the public safety.

(2)

Curbs and gutters, street pavement, sidewalks, street lights and traffic control devices, and bus turnouts and shelters; all road improvements are to be constructed pursuant to plans and specifications of the City of Big Bear Lake and/or California Department of Transportation, as applicable.

(3)

Adequate water service, fire flow, and fire protection devices, pursuant to plans and specifications of the city, department of water and power, and fire protection district.

(4)

Sanitary sewer facilities and connections.

(5)

Services from public utilities where provided.

(6)

Street trees and landscaping.

(7)

On-site landscaping, walls, fences, trash receptacles and enclosures, bicycle racks, and lighting fixtures.

(8)

Pedestrian walkways and site amenities, including seating and other fixtures, where appropriate.

(9)

In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and the area.

D.

Determination by the Approval Authority. The approval authority shall determine the merits of the proposed development project and its compliance with the principles, standards, policies and goals of the general plan, Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake, in order to protect the public health, safety and general welfare. Approval shall be based upon all of the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a plot plan review project:

1.

The proposed use and design of the project are consistent with the goals, policies, and objectives of the general plan;

2.

The proposed use and design of the project are consistent with the purpose, intent and standards of the Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake;

3.

The site for the proposed project is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application except as otherwise approved;

4.

The proposed use and design of the project will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and

5.

The site for the proposed project has adequate access, meaning that the site design incorporates street and highway limitations.

E.

Revisions and Modification. Revisions or modifications to an approved plot plan review can be requested by the applicant in accordance with the procedures and criteria specified below:

1.

Minor Revisions. A revision or modification to an approved plot plan review such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site, may be acted on by the city planner upon submittal of an application, required materials and applicable fees for minor modification, pursuant to Section 17.03.250.

2.

Major Revisions. A major revision or modification to an approved plot plan review such as, but not limited to, change in conditions, expansions, intensification or location of buildings and structures on the site, may be requested by the applicant. Such request shall be processed through application of a major modification or new plot plan review, pursuant to the provisions contained in this section.

F.

New Applications Following Denial. Following the denial of an application for a plot plan review, no application for a plot plan review for the same or substantially the same use and design on the same or substantially the same site shall be filed within one year from the date of denial.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

The purpose of a conditional use permit is to allow certain uses that contribute to the orderly growth and development of the city to be properly integrated into the surroundings in which they are to be located. The conditional use permit process is intended to provide an opportunity for public review and evaluation of site-specific requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the Development Code. In addition, the conditional use permit ensures ongoing compliance with conditions of operation, which may be applied to the use in order to protect public health, safety and welfare, and to ensure compliance with the general plan goals, objectives and policies.

B.

General Provisions.

1.

No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development projects that require a conditional use permit, without having first complied with the

provisions of this chapter.

2.

In granting any conditional use permit, the reviewing authority shall affix those conditions, which it deems necessary in order to safeguard the public health, safety and general welfare of the district and to ensure compliance with the general plan. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the reviewing authority may establish more stringent regulations than those otherwise specified for the zone district in which the project is located. The city may require dedication of land or easements for public use, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.

3.

Any use existing on the effective date of this Development Code, which was permitted subject to an approved conditional use permit, shall be deemed a pre-existing conditional use. Such use may continue in accordance with this Development Code, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of the use or building containing a previously approved conditional use which has become non-conforming due to adoption of this Development Code or any subsequent amendments thereto shall comply with Section 17.03.320 of this chapter regulating non-conforming uses, until such use is brought into conformance with the Development Code. Any use existing on the effective date of this Development Code which would require approval of a conditional use permit to be established in that zone, but for which such approval has not been obtained, shall be deemed a non-conforming use and regulated by Section 17.03.320 of this Development Code, except that the owner may file an application for a conditional use permit to legalize the use along with any proposed expansions, alterations or reconstructions which comply with the requirements of this Development Code. Approval of any such application would eliminate the classification of the property as "non-conforming."

4.

The planning commission shall review requests for conditional use permits at a public hearing, pursuant to Section 17.03.030 of this chapter.

5.

Uses listed as "uses permitted subject to approval of a conditional use permit" may be permitted in the applicable zone districts pursuant to the provisions of this article.

C.

Application Procedure.

Preliminary Development Review. A conference between city staff, any referral agencies deemed necessary by the city, and the applicant may be conducted pursuant to Section 17.03.150.

2.

Formal Application Submittal.

a.

The project applicant must be the property owner or an authorized agent.

b.

After a preliminary development review has been held, when applicable, the applicant shall prepare a comprehensive plot plan and complete the required application forms supplied by the city. The applicant shall file said plans and application with the planning division, along with the required fee as adopted by the city council. Information requested on the application form and other processing requirements, including but not limited to number of copies requested, maps, graphics or informational reports and studies, shall be determined by the planning division.

c.

The applicant may be required to clarify, correct or supply additional information before the application is determined by the city to be complete. Upon making the determination as to whether the application conforms to these standards, the city will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in Section 17.03.050 of this Development Code.

3.

Plot Plan. The application shall be accompanied by the required number of plot plans, drawn at a minimum scale of 1" = 20' or other scale approved by the planning division, on standard sheets of twenty-four (24) inches by thirty-six (36) inches. The plot plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information which can be graphically depicted on the plan, as specified in the checklist provided by the planning division.

4.

Drawings and Elevations.

a.

Elevations showing the general appearance and features of proposed structures shall be submitted, as required on the application checklist.

b.

When required by the planning division, drawings and elevations shall be submitted in addition to those accompanying the plot plan, which shall include but not be limited to the following:

(1)

Roof overhangs and any other parts of the structures that protrude from the building surfaces.

(2)

Details indicating rooftop-screening materials, methods and view analysis of proposed screening, when required.

(3)

Uses of each room, or floor plans, if required.

5.

Other Pertinent Information, as Required. Where deemed necessary by the planning division to complete the city's review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, provisions for on- or off-site security, and other similar conditions of operation.

D.

Approval Requirements.

1.

Conditional use permit approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

2.

The uses authorized by the conditional use permit shall be commenced within the period of time specified by the planning commission, not to exceed twenty-four (24) months from the effective date of the decision, except as otherwise specified in the conditional use permit. One or more extensions of time, not to exceed a total of twelve (12) months from the original expiration date, may be granted pursuant to Section 17.03.120 of this Development Code, except as otherwise specified in the conditional use permit.

3.

The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:

a.

Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.

b.

On and off-site improvements, including but not limited to the following:

(1)

Grading improvements, erosion control measures, and drainage facilities necessary to protect the public safety.

(2)

Curbs and gutters, street pavement, sidewalks, street lights, traffic control devices and bus turnouts and shelters; all road improvements are to be constructed pursuant to plans and specifications of the City of Big Bear Lake and/or California Department of Transportation, as applicable.

(3)

Adequate water service, fire flow, and fire protection devices, pursuant to plans and specifications of the city, department of water and power, and fire protection district.

(4)

Sanitary sewer facilities and connections.

(5)

Services from public utilities where provided.

(6)

Street trees and landscaping.

(7)

On-site landscaping, walls, fences, trash receptacles and enclosures, bicycle racks, and lighting fixtures.

(8)

Surfacing of parking areas subject to city specifications.

(9)

In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and area.

c.

Regulation of uses and operations on the site, including but not limited to the following:

(1)

Regulation of use.

(2)

Regulation of time for certain activities.

(3)

Duration of use.

(4)

Regulation of noise, vibration, odors and lights.

(5)

Maintenance of special yard, spaces and buffer areas.

(6)

Regulation of points of vehicular ingress and egress.

(7)

Regulation of signs.

(8)

Required landscaping and site maintenance.

(9)

Such other conditions as will make possible the development of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purposes of the Development Code.

E.

Determination by the Approval Authority. The approval authority will determine the merits of the proposed conditional use permit, and its compliance with the principles, standards, policies and goals of the general plan, Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake, in order to protect the public health, safety and general welfare. Approval shall be based upon all of the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a conditional use permit:

1.

The proposed use and design are consistent with the goals, policies, and objectives of the general plan;

2.

The proposed use and design are beneficial and desirable to the community and is consistent with the purpose, intent and standards of the Development Code and other applicable codes and ordinances adopted by the City of Big Bear Lake;

3.

The site for the proposed project is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application;

4.

The proposed project and the on-going operation of the use will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and

5.

The site for the proposed project has adequate access, meaning that the site design incorporates street and highway limitations.

F.

Revisions and Modifications.

1.

Revisions or modifications of an approved conditional use permit may be requested by the applicant in accordance with the procedures and criteria specified below. Further, the planning commission may periodically review, modify or revoke a conditional use permit as specified herein, if it determines that the use is not being conducted in accordance with the project approval, or that the use is being conducted in such a manner that it has become detrimental to the public health, safety, or welfare.

2.

Revisions/Modifications by Applicant.

a.

Minor Revisions. A revision or modification to an approved conditional use permit such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site or impact fire and life safety, may be acted on by the city planner upon submittal of an application, required materials, and applicable fees for minor modification, pursuant to Section 17.03.250.

b.

Major Revisions. A major revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation, or any change which may have the potential to impact fire and life safety, may be requested by the applicant. Such request shall be processed through application of a major modification or new conditional use permit, as determined by the city planner.

Review by Planning Commission. The planning commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner, which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the planning commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.

G.

Modification or Revocation.

1.

Any conditional use permit granted pursuant to this section, or granted under any of the development codes of the city and still in effect, including any which may have been granted automatically for a nonconforming prior use, shall be revoked upon a finding that one or more of the following conditions exist:

a.

That the use is detrimental to the public health or safety or is a nuisance;

b.

That the permit or approval was obtained by fraud;

c.

That the use for which the permit or approval was granted has ceased, or has been suspended for one year or more;

d.

That the applicant has not complied with one or more of the conditions of approval or the permit or approval requirements.

2.

Any such finding shall be by the planning commission, after public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given ten (10) days of advance written notice by first class mail directed to the applicant's address of record (or such successor's address so furnished) as per the files of the planning division. Said notice shall contain a notification of the reasons that the revocation is being considered. The finding of the planning commission and the determination pursuant thereto, shall be subject to appeal pursuant to Section 17.03.110. Action of the planning commission or the city council on appeal shall be by resolution, and shall contain specific findings and specific action relative to the revocation.

3.

Notwithstanding the provisions set forth above, the planning commission, or the city council on appeal, may grant a period of time within which the use may be reactivated, or within which noncompliance with conditions may be remedied. In such event, the resolution shall be considered temporary, and the hearing

shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. No further appeal from any action of the planning commission shall be permitted, and such action of the planning commission or city council shall be final and conclusive.

4.

New applications following denial or revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.180 - Variances and minor deviations.

A.

Purpose. The purpose of a variance or minor deviation shall be to ensure that no property, because of special circumstances specifically related to its size, shape, topography, location, or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone district.

B.

General Provisions.

1.

In no case shall a variance or minor deviation be granted to permit a use other than a use permitted or conditionally permitted in the zone district applicable to the property.

2.

Any variance or minor deviation granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

C.

Reviewing Authority.

1.

The reviewing authority may grant a minor deviation or variance from any property development standard (including setbacks and heights) in the city's adopted Development Code, subject to the procedures set forth in this section.

2.

Review and approval for the following minor deviation requests will be through administrative review, pursuant to the following provisions and based upon the findings contained in Section 17.03.180.G.3, except that if a development project proposed concurrently with such minor deviation will be reviewed by the planning commission or city council, the reviewing authority for the project may approve the minor deviation in conjunction with the project approval.

a.

Fence Height. Excepting within any front yard setback area, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of twenty percent (20%), where topography or a difference in grade between abutting sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, or to provide additional security when warranted, provided that the increased height does not encroach into the vehicle sight distance or otherwise impede visibility of motorists.

b.

Setbacks. The required setback may be decreased by not more than fifteen percent (15%) where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.

c.

Off-site Parking. A maximum of fifteen percent (15%) of the required parking for a use may be located offsite. Said parking shall not be located more than three hundred (300) feet walking distance from the building entrance on the site of the use which such parking will serve, provided that the city planner determines that the use will be served as effectively, safely, and conveniently as it would be served if parking was located on the site for which it is required. The reviewing authority shall require an agreement to ensure on-going availability and maintenance of off-site parking facilities.

d.

On-site Parking. A maximum of fifteen percent (15%) reduction in the required on-site parking spaces may be granted provided that a suitable area exists on the site on which to provide the additional required spaces if needed, and based upon a finding that the reduction will not result in an adverse impact on parking availability or traffic congestion.

e.

Minor Reconfiguration of Existing Parking. The reviewing authority may authorize minor reconfiguration of an existing parking lot in order to comply with the requirements of the Americans with Disabilities Act. Such reconfiguration may include a maximum fifteen percent (15%) reduction of the applicable on-site parking requirements when it is demonstrated that the reduction will not result in an adverse impact on parking availability or traffic congestion.

f.

Loading Facilities. A maximum reduction in the number of loading spaces of one space may be granted by the reviewing authority, based upon a finding supported by evidence that such space will not be needed by the use.

g.

On-site Landscaping. The reviewing authority may authorize a fifteen percent (15%) decrease in the required on-site landscaping requirement, where it can be demonstrated that such reduction is necessary in order to provide for necessary public transportation and transit improvements, such as bus turnouts and turning lanes; where site constraints preclude the relocation of such landscaping to another location; and where the overall appearance of the site will not be adversely affected.

h.

Landscape Setback Area. The reviewing authority may allow averaging of the required landscape setback area adjacent to streets, provided the following conditions are met:

(1)

The required on-site landscaping requirement is fully met on the site.

(2)

No more than thirty percent (30%) of the landscape setback area along the site frontage shall be allowed to be reduced in width.

(3)

In no case shall the landscaped setback area be less than ten (10) feet.

(4)

The overall landscape design shall not be adversely affected.

i.

Other deviations from development standards determined by the city planner to be minor in nature, provided that such deviation does not exceed fifteen percent (15%) of any required specification and no adverse effects will result from the deviation.

3.

In calculating percentages specified in this section, rounding up of fractions shall not be permitted.

4.

Any request to deviate from development standards required by this Development Code which is not listed in Section 17.03.180.C.2 shall be deemed a variance and shall be reviewed by the planning commission at a public hearing.

The planning commission is authorized to grant variances in accordance with the procedures in this section, with respect to development standards which include but are not limited to the following:

a.

Fences, walls, and screening.

b.

Site area, width and depth.

c.

Front, rear and side yards.

d.

Lot coverage.

e.

Height of structures.

f.

Landscaped areas and planters.

g.

Performance standards.

h.

Loading areas and facilities, provided that any reduction in the number of loading spaces is supported by evidence demonstrating that the space will not be needed by the use.

i.

Sign height, number and location.

j.

Parking spaces and parking lot configuration.

k.

Driveway width and location.

D.

Application Procedures.

1.

An application for a minor deviation or variance shall be filed with the planning division, along with the required fee. The signed application shall be made by the property owner or his authorized agent.

2.

An application for a minor deviation or variance shall be accompanied by all required materials and a site plan showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, and any other data required by the planning division to adequately review the application.

E.

Notice Requirements.

1.

Minor Deviation. Prior to rendering a decision, the city planner shall provide written notice to contiguous property owners of the requested minor deviation. Such notice shall contain a description of the type and location of the requested minor deviation and the anticipated decision date, and shall allow ten (10) days to submit comments to the city. Upon the passage of ten (10) days, the city planner may render a decision.

2.

Variance. The planning commission shall hold a public hearing on each application for a variance. The hearing shall be set and notice given as prescribed in Section 17.03.030.

F.

Approval Requirements. The following requirements may be placed upon a minor deviation or variance by the reviewing authority as conditions of approval. All such conditions shall be binding upon the applicants and their successors.

1.

Requirements for special yards, open spaces, buffers, fences, walls, and screening.

2.

Requirements for installation and maintenance of landscaping and erosion control measures, and for preservation of existing trees.

3.

Requirements for access improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation, provided that there is a reasonable relationship between the required dedication and the

impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.

4.

Requirements for maintenance of landscaping and other improvements.

5.

Establishment of development schedules or time limits for performance, completion, or removal.

6.

Requirements for periodic review by the reviewing authority.

7.

Any other such conditions as the reviewing authority may deem reasonably necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the reviewing authority to make the findings required by Section 17.03.180.G.3 of this chapter.

G.

Determination by the Approval Authority.

1.

Minor Deviation. In evaluating a request for a minor deviation, the city planner shall determine that the request satisfies all of the required findings contained in paragraph G.3 of this section, and that the request is consistent with the general plan and all applicable codes and ordinances.

2.

Variance. The planning commission will determine the merits of any proposed variance, and its compliance with the principles, standards, policies, and goals of the general plan and the Development Code. Approval of any variance shall be based upon all of the findings to be made by the approval authority in approving or denying a variance as contained in paragraph G.3 of this section, and a determination that the request is consistent with the general plan and all applicable codes and ordinances.

3.

Findings for Approval of a Minor Deviation or Variance:

a.

There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this Development Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical land use district classification;

b.

Granting the minor deviation or variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and land use district and denied to the property for which the variance is sought;

c.

Granting the minor deviation or variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in such vicinity and land use district in which the property is located; and

d.

Granting the minor deviation or 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.

H.

New Application Following Denial. Following the denial of a minor deviation or variance application, no application for the same or substantially the same application on the same or substantially the same site shall be filed within one year of the date of denial.

I.

Appeal Procedure.

1.

Prior to its effective date, any decision made on a minor deviation request by the city planner may be appealed to the planning commission, pursuant to the provisions of Section 17.03.110.

2.

Prior to its effective date, any decision made on a variance request by the planning commission may be appealed to the city council, pursuant to the provisions of Section 17.03.110.

J.

Voiding of Variances or Minor Deviations.

1.

Except as otherwise provided in this section, any variance or minor deviation granted under the provisions of this Code shall become null and void unless:

a.

The construction authorized by said variance or minor deviation has been inaugurated within twelve (12) months of the effective date of said variance or minor deviation, and pursued diligently to completion; or

b.

The occupancy of land or buildings authorized by such variance or minor deviation has taken place within twelve (12) months of the effective date of such variance or minor exception.

2.

Where a minor deviation or variance request is granted concurrently with one or more other entitlements, the minor deviation or variance shall be in effect for the time period allotted under the other land use entitlements.

3.

Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limits established herein, the reviewing authority may grant an extension of time for a period not to exceed twelve (12) additional months except as provided herein. Where a minor deviation or variance request is granted concurrently with one or more entitlements, an extension of the variance may be considered by the reviewing authority concurrently with the time extension requests for the other entitlements; however, in no event shall a variance or minor deviation be extended beyond the expiration date of any other land use entitlement on the project site.

4.

The reviewing authority may void any variance or minor deviation for non-compliance with the conditions set forth in approving the variance or minor deviation. If the city planner determines that a variance or minor deviation is not in compliance with the conditions set forth in approving the variance or minor deviation, the city planner shall provide notice and an opportunity for a hearing to the approval holder before making a decision to revoke or not revoke the approval. After setting a date for a public hearing, the city planner shall notify the applicant and owners of the variance or minor deviation approval in question. Such notice shall be sent by certified mail and shall state that the planning commission will be reviewing the variance or minor deviation for possible modification or revocation. The notice of public hearing shall also state the date, time and place of hearing, and shall comply with Section 17.03.030 of this chapter. If the planning commission determines, after reviewing the information and considering the information presented during the hearing, that sufficient evidence exists of a violation, the planning commission may revoke the variance or minor deviation or impose additional conditions to ensure compliance. The variance or minor deviation holder may appeal the decision by filing an appeal as allowed and specified in Section 17.03.110.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.190 - Zone changes.

A.

Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the general plan justify such action, zoning boundaries and/or designations may be amended through the procedures established in this section.

B.

General Provisions.

1.

A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of property, by filing an application for a zone change as prescribed in this section. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents must join in filing the application. If deemed appropriate by the city to expand the boundaries of any proposed zone change, notice shall be given to all property owners within the proposed expansion boundaries.

2.

A change in the boundaries of any zone may be initiated by the city council.

3.

An application for a zone change may be filed concurrently with any other application(s) on the same property.

4.

Following the denial of an application for a change in zone, an application for the same or substantially the same change on the same or substantially the same property shall not be accepted within one year of the date of denial.

5.

A change in zone shall be indicated on the zoning map, along with a notation listing the number and date of each ordinance amending the zoning map, within the revision block of said map.

C.

Application Procedure.

1.

An application for a change of zone shall be made on a form provided for that purpose by the planning division, along with the required fee as established by city council resolution.

2.

The city planner may require additional information if deemed necessary to enable the planning commission and city council to determine whether the change is consistent with the standards of this Development Code and the maps and policies of the general plan.

D.

Action by Planning Commission.

1.

The planning commission shall hold a public hearing on each application for a zone change. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the proposed zone change is consistent with all of the required findings for approval as set forth in paragraph F of this section, and, if so, shall provide a written report recommending to the city council that the zone change be granted or granted in a modified form. If the planning commission determines that the proposed change does not meet the required findings for approval, the planning commission shall deny the application and their action is final, unless the matter is set for hearing pursuant to Section 17.03.110 and Section 65856 of the California Government Code.

3.

When the planning commission determines, following a public hearing on a proposed zone change, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the commission may recommend an alternate classification, following new notice and public hearing. In making a modified recommendation, the planning commission must determine that the

recommended alternative is more appropriate for the subject property and is consistent with the general plan and the Development Code.

E.

Action by the City Council.

1.

Upon recommendation of the planning commission to approve a proposed zone change, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

Following the closing of a public hearing, the council shall make specific findings as to whether the change is consistent with the objectives of this Development Code and the general plan. If the city council makes all of these findings, as contained in paragraph F of this section, it shall introduce an ordinance amending the zoning map.

3.

The city council shall not modify a recommendation of the planning commission on a zone change until it has requested and considered a report of the planning commission on the modification. Failure of the planning commission to report within forty (40) calendar days after receipt of the council request shall be deemed to be in concurrence with the modification.

F.

Required Findings for Approval. Approval of a change of zone shall be based on all of the following findings:

1.

The proposed change in zone is consistent with the general plan;

2.

The site of the proposed change in zone is suitable for any of the land uses permitted within the proposed zone district;

3.

The proposed change in zone is reasonable and beneficial at this time; and

4.

The proposed change in zone will not have a substantial adverse effect on surrounding properties or the community in general.

G.

Pre-Zoning.

1.

For the purpose of establishing zone district boundaries to become effective only upon annexation, property outside the corporate boundaries of the City of Big Bear Lake and within the adopted sphere of influence may be classified within one or more zones in the same manner and subject to the same procedural requirements as prescribed for property within the city.

2.

Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the city, the zoning map shall be revised to show the potential or "pre-zoned" classification to become effective upon annexation. The zoning map shall also identify each zone or zones applicable to such property with the label "Pre-Zoning" or "PZ" in addition to such other map designation as may be applicable.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.200 - Development code amendments.

A.

Purpose. These provisions are intended to provide the city council with a procedure to amend the Development Code when deemed necessary or appropriate to protect public health, safety and welfare or to implement the policies of the general plan.

B.

General Provisions.

1.

A Development Code amendment may be initiated by any person or entity having a legal interest in property within the city. If the amendment is directly related to a parcel of land, the owner or the authorized agent of the owner of property must file the application. Further, if property that is the subject of an application is in more than one ownership, all of the owners or their authorized agents must join in filing the application.

2.

A Development Code amendment may be initiated by the city council.

3.

Following the denial of an application for a Development Code amendment, an application for the same or substantially same amendment shall not be accepted within one year of the date of denial, except as initiated by the planning commission or city council.

4.

A Development Code amendment adopted by the city council shall be incorporated into the Development Code.

C.

Application Procedure.

1.

An application shall be made on a form provided for that purpose by the planning division. An application initiated by a private person or agency shall be accompanied by a fee established by city council resolution and all necessary application materials.

2.

The city planner may require additional information if necessary to enable the planning commission and city council to determine whether the amendment is consistent with the objectives of the city's general plan.

D.

Action by Planning Commission.

1.

The planning commission shall hold a public hearing on each application for a Development Code amendment. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the Development Code amendment is consistent with all of the required findings for approval as set forth in paragraph F of this section, and shall provide a written report recommending to the city council that the Development Code amendment be approved, approved as amended, or denied based upon said findings.

E.

Action by City Council.

1.

Upon recommendation of the planning commission on a proposed Development Code amendment, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

Following the closing of a public hearing, the city council shall determine whether the proposed Development Code amendment meets all of the criteria as set forth in the required findings for approval in paragraph F of this section. If the city council makes these required findings, it shall introduce an ordinance amending the Development Code.

3.

The city council shall not modify a recommendation of the planning commission on a Development Code amendment until it has requested and considered a report of the planning commission on the modification. Failure of the planning commission to report within forty (40) calendar days after receipt of the city council request shall be deemed to be in concurrence with the modification.

F.

Approval Requirements. Prior to taking an action to approve or recommend approval of a Development Code amendment, the reviewing authority shall find as follows:

1.

The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan;

2.

The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety, convenience and/or general welfare;

3.

The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; and

The proposed Development Code amendment is reasonable and beneficial at this time.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

• (Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.210 - Determinations on unlisted uses.

A.

Purpose. The procedures contained in this section allow the city planner upon a written request, or the planning commission upon referral by the city planner, to determine whether a use not specifically listed as a use that is principally permitted or conditionally permitted in a particular zoning district of the city, should be given such designation based upon a similarity to uses already listed.

B.

General Provisions.

1.

Where the term "similar uses permitted by city planner determination" is mentioned within any zone district, it shall be deemed to mean other uses which, in the judgment of the city planner as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same district.

2.

The city planner may refer a determination on an unlisted use to the planning commission, pursuant to Section 17.03.080.A.

3.

In no instance shall the city planner or the planning commission determine, nor shall these regulations be so interpreted, that a use shall be permitted in a zone when such use is specifically first listed as permissible in a zone district allowing more intensive uses.

4.

The procedures of this section shall not be substituted for the Development Code amendment procedure as a means of adding new uses to the list of permitted or conditional uses.

5.

The planning commission may, on its own motion or at the request of any party affected thereby, reconsider and change a written decision regarding unlisted uses previously determined by the planning commission or by the city planner.

The city planner's determination regarding conformance of a use to a zone district may be appealed to the planning commission, pursuant to [Section] 17.03.110. The planning commission's determination regarding conformance of a use to a zone district may be appealed to the city council, pursuant to [Section] 17.03.110.

C.

Application Procedure. Application for a determination on an unlisted use shall be made in writing to the city planner, and shall include a detailed description of the proposed use and such other information as may be required to facilitate review of the request, along with the required fee as established by resolution of the city council.

D.

Investigation and Report. The city planner shall prepare a report, which will address the following, and shall submit copies to the applicant and/or to the planning commission:

1.

Comparison of the proposed use to the type and intensity of other uses principally permitted or conditionally permitted in the same zone district.

2.

Evaluation of the purpose and intent of that zone district.

3.

Review of the general plan to compare the proposed use characteristics with the applicable goals, policies and land use designations.

E.

Determination. The city planner, or the planning commission upon referral by the city planner, shall base the decision upon all of the following findings:

1.

The use in question is of a similar type and intensity to, and no more objectionable than, other principally permitted or conditionally permitted uses in the same zone district;

2.

The use in question meets the purpose and intent of the district in which it is proposed; and

3.

The use in question meets and conforms to the applicable policies and maps of the general plan.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. This section provides procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by Section 65864 et seq. of the California Government Code.

B.

General Provisions.

1.

Only a qualified applicant may file an application for a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property, which is the subject of the development agreement, or an authorized agent of a person who has a legal or equitable interest. The city planner may require an applicant to submit a title report or other evidence satisfactory to the city planner to verify the applicant's interest in the real property and of the authority of the agent to act for the applicant.

2.

An application for a development agreement may be filed concurrently with any other application(s) having a direct relationship to the property, which is the subject of the proposed agreement.

C.

Application Procedure.

1.

An application for a development agreement shall be made on a form provided for that purpose by the planning division, along with the required fee and deposit established by the city council.

2.

A draft of the proposed development agreement (along with the required number of copies) may be submitted along with the application. Said agreement shall be in a form acceptable to the city attorney and shall contain those elements required by California Government Code Section 65865.2. If deemed appropriate, the city attorney may draft the initial agreement for review by the parties thereto. Any legal fees incurred by the city in drafting or reviewing a development agreement shall be paid by the applicant.

3.

The city planner may require additional information if deemed necessary to enable the planning commission and city council to determine whether the development agreement is consistent with the objectives of the city's general plan, Development Code and any applicable specific plan.

D.

Action by Planning Commission.

1.

The planning commission shall hold a public hearing on an application for a development agreement. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the development agreement is consistent with all of the required findings for approval as contained in paragraph F of this section, and shall recommend to the city council that the development agreement be approved, approved as amended, or denied.

E.

Action by City Council.

1.

Upon receiving a recommendation from the planning commission on a proposed development agreement, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

Following the closing of a public hearing, the city council shall determine if the development agreement is consistent with all of the findings contained within paragraph F of this section. If determined to be consistent, the city council shall introduce an ordinance adopting the development agreement. After final approval, the agreement shall be recorded within ten (10) calendar days.

F.

Approval Requirements. Prior to taking an action to approve or recommend approval of a development agreement, the reviewing authority shall find as follows:

1.

The proposed development agreement conforms with the maps and policies of the general plan and any applicable specific plan;

2.

The proposed development agreement complies with the requirements of California Government Code Sections 65865 through 65869.5;

3.

The proposed development agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public; and

4.

The proposed development agreement provides clear and substantial benefit to the residents of the City of Big Bear Lake.

G.

Ongoing Review. The city shall periodically review all approved development agreements to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. This review process may require the submittal of an application form, materials, and fees as established by city council resolution.

H.

Amendments to Approved Development Agreements. Any amendment to a previously-approved development agreement shall be reviewed pursuant to the procedures outlined in this section for a new application, except as otherwise specified in said agreement.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. This section provides procedures and requirements for the consideration of affordable housing agreements for the purposes specified in and as authorized by Section 65915 et seq. of the California Government Code. Such agreements may be used to obtain density bonuses and other incentives to promote the establishment of housing units affordable to households with very low income, lower income, and eligible residents, as defined in Section 17.25.200.A.1 of the Development Code.

B.

General Provisions.

1.

Only a qualified applicant may file a request for an affordable housing agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the application, or an authorized agent of such person.

2.

Where a request for an affordable housing agreement does not involve an existing development, the application shall be filed concurrently with all other required development applications.

3.

The affordable housing agreement may only be requested for development projects consisting of (prior to any density increase) five or more dwelling units.

4.

The terms of an affordable housing agreement shall be consistent with the requirements of Section 17.25.200 of the Development Code pertaining to affordable housing.

5.

In accordance with California Government Code Section 65915(h), the city may grant incentives to developers of affordable housing projects including: (1) a reduction in site development standards or modifications to zoning or architectural design requirements; (2) mixed use zoning; or (3) other identifiable concessions that result in cost reductions to the project.

6.

In accordance with California Government Code Section 65915(b), the city may deny the request for certain incentives and concessions based upon making written findings that such incentives or concessions are not necessary to reduce affordable housing costs or rents.

C.

Application Procedure.

1.

An applicant for an affordable housing agreement may submit a preliminary development review application, pursuant to Section 17.03.150 of the Development Code, and the city shall notify the applicant of the procedures needed to proceed with the application in no less than ninety (90) days from receipt of a complete preliminary development review application.

2.

An application for an affordable housing agreement shall be made on a form provided for that purpose by the planning division, along with the required fee and/or deposit established by the city council.

3.

The application shall be accompanied by the appropriate number of draft density bonus agreements as listed on the application, in a form acceptable to the city attorney and the improvement agency, and shall include the following provisions as well as any other provisions deemed necessary by the city to review of the application:

a.

The terms and conditions of the agreement shall run with the land which is to be developed with or converted to affordable housing units, shall be binding upon any or all successor in interest of the

applicant, and shall be recorded prior to issuance of any permits for the project;

b.

The deeds to the designated affordable dwelling units shall contain a covenant stating that the applicant or his/her successor 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 price of the units is consistent with the limits established for very low-, low- and/or moderate-income households;

c.

The improvement agency shall have the authority to enter into the affordable housing agreement for the purpose of assuring that the designated affordable dwelling units are continuously occupied by eligible households.

4.

The city planner may require additional information if deemed necessary to enable the planning commission to determine whether the affordable housing agreement is consistent with the objectives of the general plan and any applicable specific plan.

D.

Review by the Planning Commission.

1.

The planning commission shall hold a public hearing on an application for an affordable housing agreement. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.

2.

The planning commission shall determine whether the affordable housing agreement is consistent with the required findings for approval as set forth in paragraph E of this section.

E.

Required Findings for Approval. Prior to taking an action to approve or recommend approval of an affordable housing agreement, the reviewing authority shall determine that all of the following findings can be made.

1.

The proposed affordable housing agreement is consistent with the maps and policies of the general plan and any applicable specific plan.

2.

The proposed affordable housing agreement will promote achievement of the goals of the Housing Element to provide affordable housing to eligible households.

3.

The proposed affordable housing agreement complies with the applicable requirements of the Development Code and state law pertaining to affordable housing incentives.

F.

Ongoing Review.

1.

The Improvement Agency shall periodically review all approved affordable housing agreements to determine whether the applicant or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement.

2.

The improvement agency may require that the applicant submit documentation, along with an application form and review fees as established by the city council, to provide for periodic compliance reviews.

G.

Amendments. Any amendments to a previously-approved affordable housing agreement shall be reviewed pursuant to the procedures outlined in this section for a new application, except as otherwise specified in the approved agreement.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.240 - Zoning clearance review.

A.

Purpose. The zoning clearance procedure is intended to ensure that a proposed use of land and/or building(s), or the minor alterations of land and building(s) within the city, meet the requirements of the Development Code and, if applicable, the conditions of approval for a previously approved permit.

B.

General Provisions.

1.

A zoning clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a building permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction. Projects requiring a zoning clearance include, but are not limited to establishment of a new use within an existing building in conjunction with obtaining a business license;

individual homes on lots of record; and minor additions to structures or lots, including patio covers, pools/spas and detached accessory structures.

2.

In no case shall a zoning clearance be issued for a use other than a use permitted within that zone district.

3.

Approval of a zoning clearance shall be by administrative review without public notice.

C.

Application Procedure.

1.

A request for a zoning clearance may be submitted on a form provided for that purpose by the planning division, along with the required fee as established by the city council. Alternatively, a zoning clearance may be obtained through the plan check process through routing and approval by the planning division of construction plans, where applicable.

2.

The city planner may require additional information including but not limited to, parking summaries and a written description of use(s) prior to taking any action on a zoning clearance.

3.

A zoning clearance shall be filed by the owner of the subject property or his or her authorized agent.

D.

Review Criteria. A zoning clearance shall be approved provided that the proposed use of land or structures meets all of the following criteria.

1.

The use is permissible under the present zoning on the land and does not require additional land use entitlements such as a conditional use permit or plot plan review;

2.

The use is consistent with the policies and maps of the general plan;

3.

The use complies with all applicable terms and conditions of any existing entitlement;

4.

The use meets all applicable Development Code requirements including, but not limited to, minimum structure design, construction standards and setbacks, or has been deemed to be legally non-conforming with respect to these standards; and

5.

There are no violations of the Municipal Code existing on the subject property.

E.

Effective Period of Zoning Clearance Approval. A zoning clearance verifies that a specified use or structure is consistent with the Development Code, zoning map and applicable city ordinances and policies on the date of its issuance. Any change to the use or structure, or any change to the applicable Code provisions, may invalidate the zoning clearance.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

• (Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.250 - Minor modifications to approved plans and existing developments.

A.

Purpose. The minor modification process provides a means of reviewing requests for proposed changes to approved development plans and/or existing approved development projects which, as determined by the city planner based upon the criteria specified in paragraph E of this section, are minor in nature and which are in substantial conformance with previously approved entitlements, conditions of approval, and zoning regulations applicable to the property.

B.

Application Procedure.

1.

An application for a minor modification meeting the criteria specified in paragraph D of this section shall be filed prior to the commencement of any construction related to the modification.

2.

A minor modification shall be filed by the owner of the subject property or his or her authorized agent.

3.

A request for a minor modification shall be submitted on a form provided for that purpose by the planning division, along with the required fee established by the city council.

4.

The city planner may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a minor modification.

C.

Notice Procedure. Approval of a minor modification shall be by administrative review without public notice.

D.

Applicability. The minor modification procedure may be utilized for the following types of revisions to previously approved development projects:

1.

To allow minor reconfiguration of an architectural feature that does not modify the previously approved theme or plan for the project;

2.

To allow minor changes to approved building footprint(s) within the buildable area of a project site, which do not enlarge the total building area by more than twenty-five percent (25%) of the total floor area, or no more than five thousand (5,000) square feet, whichever is less, provided that such addition does not exceed allowable lot coverage;

3.

To allow minor reconfiguration or striping of parking lots which will not decrease the number of parking spaces for an approved project;

4.

To allow minor changes in building materials and colors for an approved project, which do not substantially change the overall design of the theme or character of the building;

5.

To allow the addition of minor accessory structures to an approved project, provided that such structure(s) will not increase the total building area by more than twenty-five percent (25%), or no more than five thousand (5,000) square feet, whichever is less, provided that such addition does not exceed allowable lot coverage;

6.

To allow the fulfillment of a condition of approval in a manner which may vary from that specified in the original condition, provided that the intent and purpose of such original condition is fully met; or

7.

Other requests similar to the above minor modifications, as determined by the city planner.

E.

Review Criteria. A minor modification may be approved provided that the proposed modification meets all of the following criteria.

1.

The modification is listed under paragraph D of this section above and does not require additional land use entitlements such as a conditional use permit or plot plan review;

2.

The modification is consistent with the policies and maps of the general plan;

3.

The modification complies with the purpose and intent of all applicable terms and conditions of the existing entitlement;

4.

The proposed structure or addition meets all applicable Development Code requirements including, but not limited to, minimum structure design, construction standards and setbacks, or the requested modification is to a legal non-conforming use or structure pursuant to Section 17.03.320; and

5.

There are no violations of the Municipal Code existing on the subject property.

F.

Approval Requirements.

1.

If the minor modification applies to a previously approved plan for which there is an uninaugurated plot plan review or conditional use permit, the minor modification shall be commenced within the same time period as approved for the plot plan review or conditional use permit.

2.

If the minor modification applies to an existing development for which there is not an uninaugurated approval, the minor modification shall be commenced within twelve (12) months from the effective date of the decision, except as otherwise specified in the decision. One or more extensions of time, not to exceed a total of twelve (12) months from the original expiration date, may be granted pursuant to Section 17.03.120 of this Development Code, except as otherwise specified in the decision.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

Editor's note— Ord. No. 2022-503, § 4(Exh. 1), adopted August 15, 2022, repealed § 17.03.260 which pertained to large family day care and derived from Ord. 2003-333, adopted 2003; and Ord. No. 2011-417, adopted December 12, 2011.

17.03.270 - Home occupation permit.

A.

Purpose. The purpose of the home occupation permit provisions is to permit the establishment and operation of businesses within the home, in such a way as to minimize any impacts of such businesses on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence of the surrounding neighborhood.

B.

General Provisions.

1.

No home occupation may occur and no permit for a home occupation shall be issued unless the procedures and criteria specified in this section are satisfied.

2.

If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the home occupation shall be provided to the city.

3.

Home occupation permits are valid only for the person(s) and residence approved by the city and are nontransferable.

4.

The home occupation shall be incidental and secondary to the use of the dwelling for residential purposes.

5.

The operator of a home occupation shall obtain and maintain a current business license from the city.

C.

Application Procedure.

1.

An application for a home occupation permit shall be filed with the planning division, along with a fee as established by resolution of the city council.

2.

The review procedure shall be administrative review, pursuant to Section 17.03.020.A. of this chapter. The city planner or designee shall be the reviewing authority, however, the city planner may refer the application to the planning commission pursuant to Section 17.03.080.A. of this chapter.

D.

Mandatory Conditions of Operation.

1.

No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the home occupation is such a manner as to change the residential character and appearance of the dwelling, or in similar manner as to cause the structure to be recognized as a place where a home occupation is conducted.

2.

A garage may be used for home occupation purposes; provided, however, that such use shall not interfere with the maintenance of one covered parking space.

3.

There shall be no entrance or exit specifically provided or marked on the dwelling or on the premises for the conduct of the home occupation.

4.

A home occupation shall be conducted entirely within the dwelling unit and the activities of such home occupation shall not be visible or otherwise noticeable, outside the dwelling unit the dwelling unit structure. There shall be no outdoor storage of materials or equipment relating to the home occupation, nor shall merchandise be visible from outside the home. For purposes of interpreting this paragraph, an attached or detached garage shall be considered as part of the dwelling unit.

5.

No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other devise outside the dwelling unit structure, or causes fluctuation in the line voltage outside the dwelling unit structure.

6.

The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters, which serve only the home occupation, shall not be permitted.

7.

No more than one employee other than a resident of the dwelling shall be employed on the premises of a home occupation, other than the personal attendant of a disabled resident business owner or employee.

8.

There shall be no greater number of customers, clients, or visitors coming to the residence for purposes of the home occupation than the number of visitors typically expected to visit a residence in which a home

occupation is not being conducted.

9.

The point of sale for products or merchandise shall not be from residential premises.

10.

The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood.

11.

No vehicles or trailers except those normally incidental to a residential use shall be parked so as to be visible from the public right-of-way.

12.

The home occupation shall not affect nor reduce the parking spaces required by the Development Code.

13.

Home occupations shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses. No deliveries may originate from or be made to the premises except during the hours of nine a.m. to five p.m.

14.

Home occupations shall not involve the use and/or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be permitted by the Uniform Fire Code.

15.

No mechanical or construction equipment which is not typically found in residential districts shall be stored on the premises. Warehousing of goods, wares or merchandise shall be prohibited.

16.

There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise or that disturb the peace.

17.

No home occupation shall include the sale or storage of fire arms, ordnance, ammunition or other weapons which are regulated by the Bureau of Alcohol, Tobacco and Firearms, at the site of the home occupation.

18.

No signs relating to the home occupation shall be allowed.

E.

Additional Conditions for Mobile Businesses. Home occupation permits for mobile business may be permitted, provided that the mobile business is operated pursuant to the mandatory conditions of operation described above in paragraph D, in addition to the following conditions which specifically apply to mobile businesses:

1.

The service provided by the mobile business must be in compliance with the zone in which the work is performed.

2.

The mobile business must comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business.

3.

Any automotive related services shall be limited to cleaning, detailing, and minor replacement or repair to glass and/or accessory parts; no mobile business operating under a home occupation permit shall be permitted to conduct auto repair, auto body or engine work.

4.

No work shall be conducted in a publicly accessible parking lot; however, work may be conducted in parking lots which are restricted to employees only.

5.

No work shall be conducted on city-owned property, including parks, parking lots, or public rights-of-way.

F.

Determination by the Approval Authority. In evaluating a request for a home occupation permit, the city planner shall determine that the applicant has agreed to comply with all applicable requirements as contained in paragraphs D and E of this section. Based on compliance with applicable codes and ordinances the city planner may render a decision, and shall clearly state, in writing, any conditions of approval for the project or the reasons for denial.

G.

Periodic Review by City Planner. The city planner may periodically review any home occupation permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner, which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the city planner deems that there is sufficient evidence to warrant a full examination, then a public hearing date may be set.

H.

Modification or Revocation by the City Planner.

1.

If the city planner determines that the home occupation is not being conducted in compliance with the requirements of this section, the city planner shall notify the operator of the home occupation of the date for a hearing on the operator's compliance with this section. Such notice shall be sent by certified mail and shall state that the city planner will be reviewing the home occupation permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The hearing shall be conducted and notice given in accordance with Section 17.03.030 of the Development Code.

2.

The city planner shall fully investigate the evidence and prepare a report regarding the reported violation of the home occupation permit requirements. A copy of the report shall be sent to the operator of the home occupation business. Upon conclusion of the hearing, the city planner shall make on the following determination and take such accompanying action:

a.

Find that the home occupation permit is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary; or

b.

Find that the home occupation permit is not being conducted in an appropriate manner and impose modifications to conditions as are determined to be necessary to bring the use into compliance with applicable regulations; or

c.

Find that the home occupation permit is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the city planner may revoke the home occupation permit and order the operation to cease and desist in the time specified by the city planner.

I.

Lapse of Approval.

1.

A home occupation permit approved under the provision of this section shall become null and void upon expiration of a business license issued in conjunction with the home occupation permit and will require the filing of a new application, including applicable fees, with the city if the use is recommenced.

2.

Where a home occupation permit has been nullified pursuant to paragraph 1 of this Section 17.03.270.I, a new application for the same or substantially the same use on the same site may be filed immediately.

J.

New Application Following Denial. Following the denial or revocation of a home occupation permit, no application for a home occupation permit for the same or substantially the same business on the same site shall be filed within one year from the date of denial or revocation.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

Purpose and Applicability. The specific plan process is intended to provide a method of comprehensive planning for large scale, mixed-use development projects which are anticipated to be built in successive phases over a longer period of time than is typically granted for other development entitlements. Projects for which a specific plan would be appropriate would generally meet the following criteria:

1.

The project site is not presently served by infrastructure and community services needed to support the proposed development, nor do comprehensive plans to provide these facilities exist.

2.

The proposed mix and intensity of land uses, and their relationship to the project site, warrant consideration of special development standards and criteria beyond those otherwise provided in the Development Code.

3.

Specific development plans for each portion of the subject property are not known at the time of project review, but are anticipated to be submitted subsequently as the project develops in conformance with the approved comprehensive development plan.

4.

Due to the long-term nature of the project and the cost of providing substantial infrastructure improvements, an implementation plan addressing financing, phasing and maintenance of public improvements is necessary to ensure the project is developed in accordance with the general plan.

B.

General Provisions.

1.

A specific plan may be proposed within any zone district(s), provided that the proposed type and intensity of use is consistent with the general plan.

2.

Adoption of a specific plan shall constitute a change of zone. Upon adoption, the official zoning map shall be revised to indicate the approved specific plan and its identification number.

3.

Applications for a specific plan may be accompanied by other applications for entitlements, which may be reviewed concurrently, provided that the effective date of any additional approvals shall be on or after the effective date of the specific plan.

4.

Any application for a specific plan shall be processed in accordance with Government Code Sections 65450 through 65457 and the provisions of this section of the Development Code.

C.

Required Contents of a Specific Plan.

1.

Narrative Report. The purpose of a specific plan narrative report is to describe the proposed development, place it within the regional setting, and provide detailed information necessary for plan review. The report may be organized in any manner necessary to present the required information. The report, however, must be clear, concise, and organized in a logical manner to facilitate review and processing. Maps, tables and graphic illustrations shall be required when appropriate. The required report contents shall be included as set forth in the specific plan application provided by the planning division, and shall include but not be limited to the following information:

a.

Information regarding the property, developer, owner, representatives and consultants preparing the report;

b.

Table of contents, including lists of maps and figures;

c.

A discussion of the nature and intent of the proposed development;

d.

A descriptive analysis of the project site;

e.

Quantified information on the impacts of project build-out;

f.

A development plan for all proposed land uses in the project (including open space);

g.

A description of existing infrastructure, projected improvements needed to serve the project, and a plan for providing needed infrastructure, including community facilities;

h.

A circulation plan for the project;

i.

Development standards applicable to development within the specific plan;

j.

Special design standards applicable to the project, including but not limited to signage, landscaping, fences and walls, lighting, and entry monumentation;

k.

Proposed phasing of the project;

l.

An implementation plan for the project; and

m.

A discussion of how the project conforms to the general plan policies and maps.

2.

Maps. The purpose of specific plan maps is to graphically depict characteristics of the project site, its regional setting, the proposed nature and intensity of development, project phasing, and other pertinent information needed for project review. All required maps must be submitted at a reduced scale suitable for inclusion in the narrative report, as well as at a larger scale suitable for display. Required contents of maps shall be as set forth in the specific plan application provided by the planning division, and shall include but not be limited to the following information:

a.

Existing conditions of the project site, including topography, natural drainage courses, existing structures, roads, easements, uses, zoning and general plan designations;

b.

The proposed development plan, including phasing;

c.

The proposed circulation plan, including phasing; and

d.

Any proposed landscape, design or amenity features.

D.

Review Procedure.

1.

The planning commission shall hold a public hearing on each proposal for a specific plan. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time. The planning commission shall determine whether the specific plan is consistent with this Development Code and with the general plan, and may recommend to the city council that the specific plan be approved, or approved in modified form by the city council, based on the appropriate findings as contained in this section. If the planning commission determines that a proposed specific plan is not in conformance with the general plan or that the findings for approval cannot be made, the planning commission may deny the application based upon the findings contained in this section, and their action is final unless appealed, pursuant to Section 17.03.110.

2.

Upon recommendation of the planning commission on a proposed specific plan, the city council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time. Following the closing of the public hearing, the city council shall make specific findings as to whether the specific plan is consistent with the Development Code and general plan. The city council may adopt the specific plan by ordinance or by resolution, based upon the appropriate findings as contained in paragraph E of this section.

E.

Required Findings for Approval. Prior to approving a specific plan, all of the following findings supported by adequate evidence shall be made by the city council:

1.

The distribution, location and extent of land uses, including open space, as depicted in the specific plan is consistent with the general plan;

2.

The specific plan provides for adequate public infrastructure and services needed to support the land uses described in the plan, meaning the proposed distribution, location, extent and intensity of transportation, sewage, water, drainage, solid waste disposal, energy, parks, community facilities and other essential facilities;

3.

The standards and development criteria, including requirements for resource utilization, will ensure that development proceeds in an orderly fashion and maintains a high level of quality;

4.

The specific plan contains implementation measures, including financing programs, to ensure that development is supported by adequate infrastructure as it occurs;

5.

The site is suitable for the type and intensity of development proposed; and

6.

The flexibility in development standards afforded by the specific plan process has resulted in a project providing more superior design and amenities than would occur under more traditional zoning practices, and the project provides clear and substantial benefit to the City of Big Bear Lake.

F.

Amendments and Modifications to Approved Specific Plans. Unless otherwise set forth within the specific plan, amendments or modifications to an approved specific plan shall be processed as follows:

1.

Minor Revisions. A revision or modification to an approved specific plan, including but not limited to minor density transfers, minor adjustments to the alignment of roadways or utilities, minor modifications to landscaping, wall materials or streetscape design, which will not increase or change the use or intensity of the site, may be acted on by the city planner upon submittal of an application, required materials and applicable fees for a minor modification, pursuant to Section 17.03.250.

2.

Amendments or Major Revisions. Any request for a revision or modification to an approved specific plan which, in the opinion of the city planner, does not constitute a minor revision will be processed as a major revision in the following manner:

a.

An amendment or major revision to the text of an approved specific plan will be processed using the application procedures, review process and findings for approval as set forth for development code amendments in Section 17.03.200, in addition to the finding contained in Section 17.03.280.F.2.c.

b.

An amendment or major revision to the land use map or land use exhibits of an approved specific plan will be processed using the application procedures, review process and findings for approval as set forth for zone changes in Section 17.03.190, in addition to the finding contained in Section 17.03.280.F.2.c.

c.

Any approval of an amendment to a specific plan text or map shall also be based upon a finding that such amendment conforms to the intent and applicable goals and policies of the specific plan.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

A.

Purpose. The purpose of this section is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, to minimize any adverse effects on surrounding properties and the environment, and to ensure that the temporary use is removed in a timely manner and the site restored to its original condition.

B.

Uses Allowed by Temporary Use Permit.

1.

Any temporary use specifically allowed in a zone district, pursuant to issuance of a temporary use permit.

2.

Construction staging area, which shall mean the temporary use of property by a licensed contractor engaged on a permitted construction project for storage of construction equipment and materials, only for the duration of the construction project.

3.

Stockpiling, which shall mean the temporary storage of clean dirt, sand, gravel, or similar non-polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities.

4.

Seasonal activities, including the retail sale of agricultural products prior to holidays, such as Christmas trees or pumpkins, haunted houses or other similar events.

5.

Temporary structures for specific uses and time periods. Such structures may include manufactured or modular buildings, trailer coaches, self-contained recreational vehicles, or similar temporary facilities for uses including the following:

a.

Temporary construction offices on active construction sites;

b.

Temporary sales offices for residential, time-share or condominium projects;

c.

Caretaker's or security guard's residence or office on active construction sites;

d.

Temporary residence for a property owner for use during construction of a permanent residence on the property;

e.

Tanks, pumps and similar structures for groundwater quality remediation;

f.

Portable information carts/booths, which shall mean small structures that do not have a permanent foundation which may be relocated from place to place and are utilized only to display and provide information, such as pamphlets and brochures on local activities, lodging and restaurants, of a general nature and as a benefit to visitors and the general public

g.

Temporary storage containers for use on active construction sites only; and

h.

Other temporary uses determined by the city planner to be similar in nature and intensity to the above listed uses.

C.

General Provisions.

1.

Temporary uses shall be established only in those zone districts where temporary uses are expressly permitted or conditionally permitted.

2.

A temporary use or structure as defined in this section which does not have a valid and current temporary use permit as specified herein is hereby declared to be a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws.

3.

Permission of the property owner or authorized agent shall be provided to the city with each request for a temporary use permit.

4.

The reviewing authority may approve, conditionally approve or deny a permit for a temporary use, and may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signs, lighting, traffic circulation and access, temporary or permanent site improvements, noise control, sanitary facilities, refuse collection and disposal, fire protection, provision of utilities, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed temporary use.

5.

Unless otherwise specified by an approved temporary use permit, all sites for temporary uses shall be cleaned of trash, debris and any temporary structures within five days after the termination of the use.

6.

The city may require a cash deposit or other security as approved by the city attorney to defray the costs of cleanup of a site by the city, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or conversion of any temporary use to a permanent use allowed in the subject zone district.

7.

A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this section, or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this section which allow such temporary uses or structures.

8.

Other uses and activities similar in scope and nature to the temporary uses listed in this section may be permitted subject to the procedures that would apply to the temporary use most similar in scope and nature, as determined by the city planner.

D.

Application Procedure.

1.

A request for a temporary use permit shall be submitted to the planning division on a form provided for that purpose by the planning division, along with the required fee established by resolution of the city council.

2.

The city planner may require additional information where deemed necessary to complete the city's review and evaluation.

E.

Approval Authority. The reviewing authority for temporary use permits shall be the city planner or his/her designee. The city planner may refer a temporary use application to the planning commission as specified in Section 17.03.080.A.

F.

Notice Procedure. Approval of a temporary use permit shall be by administrative review without public notice.

G.

Conditions for Temporary Uses.

1.

Temporary Structures.

a.

Number and duration. One temporary structure per site may be allowed for a period of up to one year initially, with an option for a one-year extension of time, not to exceed a total of two years. One or more additional temporary structures may be approved for construction projects by the reviewing authority based upon special circumstances related to the development including, but not limited to size, location or complexity of the project.

b.

Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size.

c.

The applicant shall provide evidence of a valid vehicle license of registration and State Division of Housing approval for any trailer coach as prescribed in the Health and Safety Code of the State of California.

d.

The temporary structure installation shall meet all applicable requirements and regulations of the building and safety department and fire department.

e.

Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the improvements authorized by the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. At that time, temporary structures shall be removed from the site.

Stockpiling.

a.

No stockpiling shall be permitted on any property that has the potential to contain endangered plant or animal species without appropriate environmental review, pursuant to state law.

b.

Stockpiled material should not exceed a height of seven feet, and should be evenly spread, except as otherwise approved. No material shall cover the trunk of any tree above ground level, or be placed within the dripline of any tree.

c.

The location of stockpiled material shall not adversely impact adjacent properties or uses through the creation of windblown dust, visual appearance, or other creation of an unattractive nuisance.

d.

During placement or removal of stockpiled materials, appropriate traffic control measures shall be taken, as determined by the city engineer. Truck access to the stockpiling area from adjacent right-of-way shall be approved by the city engineer.

e.

The applicant shall be required to submit a stormwater pollution prevention plan for review and approval and comply with all aspects of the National Pollution Discharge Elimination Program, to the satisfaction of the city engineer.

f.

Dust control measures shall be implemented during stockpiling or removal operations as deemed necessary by the city engineer.

g.

Erosion control measures on stockpiled materials shall be implemented as determined necessary by the city engineer.

h.

Approval of a temporary use permit for stockpiling may be granted for an initial period of up to six months. One extension of time may be granted, not to exceed an additional six months.

i.

The city may require surety, as approved by the city attorney and city engineer, to guarantee removal of stockpiled material prior to expiration of the temporary use permit allowing such stockpiling.

Construction Staging Area.

a.

Hours of operation at construction staging areas shall be from seven a.m. to seven p.m. Monday through Friday except as otherwise authorized in the temporary use permit. In areas adjacent to residences and/or commercial lodging facilities, these hours may be modified to limit noise impacts on these uses. Weekend hours may be allowed by the reviewing authority on a case-by-case basis, provided that impacts to surrounding properties are considered.

b.

No staging area shall be permitted on any property that has the potential to contain endangered plant or animal species without appropriate environmental review, pursuant to state law.

c.

Any stockpiled material within the staging area shall not exceed a height of five feet, and should be evenly spread. No material shall cover the trunk of any tree above the ground level, or be placed within the dripline of any tree.

d.

The staging area shall not adversely impact adjacent properties or uses through the creation of windblown dust, visual appearance, or other creation of an unattractive nuisance.

e.

Appropriate traffic control measures shall be taken, as determined by the city engineer. Truck access to the area from adjacent rights-of-way shall be approved by the city engineer.

f.

The applicant shall be required to submit a stormwater pollution prevention plan for review and approval and comply with all aspects of the National Pollution Discharge Elimination Program, to the satisfaction of the city engineer.

g.

Dust control and erosion control measures shall be taken as deemed necessary by the city engineer.

h.

Staging area shall be secured with approved fencing and/or barriers to the prevent access by the general public to construction equipment and materials, as deemed necessary by the building official to protect public health and safety.

i.

All applicable agency approvals shall be required for any storage of hazardous materials, and applicant shall comply with applicable requirements of all agencies having jurisdiction over these materials.

4.

Groundwater Quality Remediation Equipment.

a.

All above ground structures shall meet the applicable setbacks of the zone district.

b.

The remediation system shall be allowed for an initial period of time not to exceed twenty-four (24) months. An extension of time may be granted based on a determination by the regional water quality control board that additional remediation is necessary.

c.

Equipment shall be screened from public view in an attractive manner.

d.

Adequate noise attenuation shall be provided to ensure that noise levels at the property line meet general plan guidelines.

5.

Seasonal activities, subject to the following requirements:

a.

Zoning. Permitted only on non-residentially zoned properties.

b.

Christmas tree sales shall be limited to the period of time between November 15 and December 25, both dates inclusive. No structures, including but not limited to poles, fences, lights, spray booths, and sheds, shall be erected or maintained on the site, and no Christmas trees shall be delivered to or remain on the site, sooner than the Saturday prior to November 15 or later than December 31.

c.

Sales of pumpkins from pumpkin lots shall be limited to the period of time between September 15 and October 31, both dates inclusive. No structure, including but not limited to poles, fences, lights, and sheds, shall be erected or maintained on the site, and no pumpkins shall be delivered to or remain on the site, sooner than the Saturday prior to September 15 or later than November 5.

d.

Operation of haunted houses shall be limited to the period of time between October 1 and November 1, both dates inclusive. Haunted houses shall only be permitted in permanent buildings with appropriate occupancy rating, as determined by the Building and Safety and Fire Departments. Any temporary interior modifications are subject to approval of permits and inspections by the Building and Safety and Fire Departments.

H.

In approving any temporary use permit application; the reviewing authority must make all of the following findings.

1.

The use is consistent with the general purposes of the general plan and this section and the specific provision of the zoning district in which the site is located and any other applicable codes and policies.

2.

Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects of adjacent properties.

3.

The operation and maintenance of the use will be conducted in a manner compatible with existing uses on adjoining properties and surrounding area.

4.

The temporary use will have adequate parking, ingress and egress, traffic circulation and access, and provisions for pedestrian safety.

5.

All structures and equipment are erected and maintained in compliance with the City of Big Bear Lake Municipal Code.

6.

The subject site will be restored to its original or better condition upon termination of the temporary use.

I.

Termination of Temporary Uses.

1.

Prior to issuance of any grading or construction permits for temporary uses, the applicant shall submit verification in writing to the city that he or she has read and agrees to all the requirements of the temporary use permit, including the time limits for operation as specified in the approval. No operator of a temporary use shall continue operation of that use beyond the time periods allowed by this section. If no maximum

time period is specified in this section for the operation of the use, the operator shall not continue operation beyond the period specified in the temporary use permit.

2.

If the city planner determines that a temporary use which is being operated pursuant to a temporary use permit is being conducted in violation of this Code or the terms and conditions of such permit, the city planner shall provide notice and an opportunity for a hearing to the permit holder before making a decision to revoke or not revoke the permit. After setting a date for a public hearing, the city planner shall notify the applicant and owners of the temporary use permit in question. Such notice shall be sent by certified mail and shall state that the planning commission will be reviewing the temporary use permit for possible modification or revocation. The notice of public hearing shall also state the date, time and place of hearing, and shall comply with Section 17.03.030 of this chapter. If the planning commission determines, after reviewing the information and considering the information presented during the hearing, that sufficient evidence exists of a violation, the planning commission may revoke the permit or impose additional conditions to ensure compliance. The permittee may appeal the decision by filing an appeal as allowed and specified in Section 17.03.110.

(Ord. 2003-333 § 4 (Exh. A (part), 2003))

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

Editor's note— Ord. No. 2012-422, § 4, adopted Dec. 10, 2012, repealed § 17.03.300, which pertained to special event permits and derived from Ord. 2003-333 § 4 (Exh. A (part), 2003); Ord. No. 2011-417, § 4(Exh. A), 12-12-2011.

Editor's note— Ord. No. 2021-488, § 5(Exh. A), adopted January 11, 2021, repealed § 17.03.310, which pertained to transient private home rentals and derived from Ord. 2003-333 § 4 (Exh. A (part), 2003); Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2020-484, § 4(Exh. 2), 9-14-2020.

Editor's note— Ord. No. 2021-488, § 5(Exh. A), adopted January 11, 2021, repealed § 17.03.315, which pertained to enforcement of transient private home rental provisions and derived from Ord. 2007-375 § 5, 2007; Ord. No. 2011-417, § 4(Exh. A), 12-12-2011.

17.03.320 - Nonconforming uses and structures.

A.

Purpose and Intent. The city's intent in adopting the provisions of this Development Code is to ensure that new and existing land uses and structures are brought into conformance with the goals and policies of the general plan. The eventual elimination of existing nonconforming uses and structures benefits the health, safety and welfare of the community, protects property values, promotes economic development, and

protects residential neighborhoods, by abating substandard structures and promoting compatibility of land uses within zone districts.

Notwithstanding the benefits of eliminating nonconformities, the city recognizes the financial investments, which may have been made in nonconforming properties, and the rights of individual property owners to yield a fair return or amortization from those investments. In addition, the city recognizes that the continuation of certain nonconforming conditions may not be detrimental to adjacent uses or properties, or the community in general, and that provisions are needed to allow for full use of nonconforming properties in these cases.

Based on these considerations, the intent of this section is to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy. While permitting the continued use and maintenance of legal nonconforming structures, this section is intended to limit their continued number and extent by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Development Code, and by prohibiting their restoration after destruction. It is also the intent of this section to establish regulations and procedures which ensure that the elimination of nonconforming uses and structures occurs as expeditiously and as fairly as possible, while avoiding any unreasonable limitations on established property rights.

B.

General Provisions.

1.

No property in the city shall be used for any purposes other than those permitted in the zoning district in which the property has been classified, except as provided in this section.

2.

An existing use shall be deemed a "legal nonconforming use" if, prior to its establishment, the required permits were obtained or if the use was in compliance with codes and ordinances in existence at the time of establishment. Structures and uses not having acquired the permits required at the time of construction or establishment shall be considered "illegal."

3.

Illegal uses or structures have no vested rights. Any use or structure which has been unlawfully established and which does not conform to the use provisions or development standards of the zone district in which it is located is in violation of the city's Development Code, and shall be deemed a public nuisance and shall be subject to all available measures for abatement and correction of the code violation(s) pursuant to the Municipal Code.

Any portion of a legal nonconforming structure or use that is altered or changed to a conforming structure or use may not thereafter be used for a nonconforming use.

5.

Routine maintenance and repairs, such as painting, plumbing repair, and similar work, may be performed on a legal nonconforming use or structure to ensure the protection of public health, safety and welfare. All nonconforming uses and structures are subject to all applicable property maintenance and substandard building codes and ordinances. Alterations and repairs that are necessary to maintain public health, safety and welfare, as determined necessary by the chief building official, may be performed on a nonconforming use or structure subject to all applicable codes and regulations.

6.

Nothing in this section shall prohibit the establishment of special regulations for specific nonconforming uses and structures regulated by other sections of the Development Code. Such regulations may provide for the retirement or amortization of those specific uses and structures.

7.

When a building or structure is relocated to another site, it shall be made conforming in all respects with the provisions of the Development Code and all other applicable laws and regulations.

C.

Continuation of Nonconforming Uses and Structures.

1.

A use lawfully occupying a structure or a site, that does not conform with the use provisions and development standards for the zone district in which the use is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this section.

2.

A structure lawfully occupying a site that does not conform with the development standards contained in the Development Code, including but not limited to standards for front yards, side yards, rear yards, height, lot coverage, distances between structures, and parking facilities for the zone district in which the structure is located, shall be deemed to be a legal nonconforming structure and may be used and maintained, except as otherwise provided in this section.

3.

Notwithstanding the provisions of paragraphs C.1 and C.2 above, if any legal nonconforming use or structure is determined to be operated and/or maintained in such a manner as to be a nuisance, a blighted property, or a direct and substantial detriment to the right of other properties in the vicinity, then the nonconforming use or structure may be subject to the abatement and/or amortization provisions of this section.

4.

Any one of the following occurrences shall immediately terminate the right to maintain and/or operate a nonconforming use or structure except as otherwise provided in this section:

a.

Changing a nonconforming use to a use not permitted in the zoning district;

b.

Increasing or enlarging the area, space or volume occupied by or devoted to a nonconformity; or

c.

The addition to a nonconforming use of another use not permitted in the zoning district.

D.

Existing Approvals.

1.

Approved entitlements to use existing structures and/or property. Nothing in this section shall be deemed or construed to prevent the ultimate use of a project site, which has been approved or conditionally approved by the city prior to the effective date of this Development Code or any amendment thereto, provided that the use has been established as of such effective date.

2.

Facilities Under Construction. Nothing in this section shall be deemed or construed to prevent the completion and use, in accordance with this section, of any building or structure under construction before the effective date of this Development Code or any amendment thereto, provided that all of the following conditions exist:

a.

That such construction or the proposed use of such building or structure is not, at the effective date, in violation of any other law or regulation.

b.

That the applicable grading and building permits have been issued and that substantial construction of such building has been performed and substantial liabilities have been incurred in good faith reliance on such permits. For the purposes of this section the issuance of a grading permit alone shall not constitute a vested right to develop and where the grading plan would result in a non-conformity, said permit shall be null and void on the effective date of this section.

c.

That all applicable permits remain valid, reasonable progress toward completion is being made and that work has not been ceased for a continuous period of more than one hundred eighty (180) days.

3.

Time Extensions. Time extension applications filed or under consideration after the effective date of the Development Code or any amendment thereto, shall be subject to the procedures, standards and regulations contained within this Development Code, as amended from time to time, on the date such application is approved.

E.

Exceptions to Nonconforming Status.

1.

Public utility facilities and uses. Nothing in this section pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or rebuilding of public service and public utility buildings, structures, uses, equipment and facilities; provided, that there is no change or increase of those areas to be occupied by such uses.

2.

A nonconforming structure, which is determined by the city council to have historic or cultural value to the community may be deemed to be exempt from the requirements of this section regarding elimination of nonconforming uses and structures, and such structure may be maintained, rehabilitated, and expanded pursuant to applicable codes and ordinances.

F.

Abandonment of Nonconforming Uses and Structures.

1.

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of one year or more, the nonconforming use shall not be reestablished, and the use of the site thereafter shall be in conformity with the zone district and development standards for the zone in which it is located. This section may not apply to nonconforming dwelling units. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume said nonconforming use at some future time.

2.

Loss of right to nonconforming parking. All nonconforming rights related to parking shall be lost if the primary structure on the lot is demolished. Rights shall not be lost if a building is merely vacated.

3.

Abandonment/revocation of rights through nuisance, blight or detrimental effect upon adjoining, abutting or adjacent property. Any nonconforming use which is operated in such a way as to be a nuisance or a direct detriment to adjoining, abutting or adjacent properties or which is neglected to the point of being a blight on the community may be considered to have had its nonconforming rights abandoned, provided that the following process occurs:

a.

A fully noticed public hearing shall be held before the planning commission; and

b.

The planning commission, or city council on appeal, shall find that:

(1)

The use adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area; or

(2)

The use jeopardizes or endangers the public health or safety; or

(3)

The use constitutes a direct and substantial detriment to surrounding uses by repeated adverse activities and incidences, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, battery, acts of vandalism, loitering, excessive littering, illegal parking, loud noises (particularly in late night or early morning), excessive noise, traffic violations, curfew violations, lewd conduct or police detentions and arrests; or

(4)

The uses cause repeated violations under Public Health and Safety Code, Title 8 or Title 9; and

(5)

The owner or operator has been unwilling or unable to eliminate the adverse activities, if any.

c.

If it finds that conditions and/or modifications of the use will be ineffective in eliminating the adverse activities, the planning commission, or city council on appeal, shall revoke only the nonconforming rights to the use.

d.

Continuation of any use after abandonment or revocation pursuant to this subsection shall constitute a violation of this section and shall be penalized as provided for in the applicable sections of the Municipal

Code.

G.

Provisions for Legal Nonconforming Residential Uses and Structures.

1.

Legal nonconforming primary residential uses may be continued and expanded if they meet all of the following conditions:

a.

The use shall not have been discontinued for a continuous period of one year or more.

b.

Any proposed expansion (including but not limited to room additions, carports, garages and accessory structures) shall not increase the nonconformity of the structure or use, and shall conform to all applicable codes and ordinances.

c.

There shall be no increase in residential density (units per acre) as a result of the proposed expansion.

d.

There shall be no increase in the overall site area of the nonconforming use.

e.

No residential dwelling shall be deemed nonconforming solely because it does not meet required side yard setbacks, provided that it complies with the side yard setback requirements in effect at the time a building permit was issued for its construction.

f.

Approval for the alteration of a legal nonconforming residential use or structure shall be obtained through a minor modification pursuant to Section 17.03.250 for any expansion of less than twenty-five percent (25%) of the original floor area, or through approval of a plot plan review by the planning commission pursuant to Section 17.03.160 for any alteration greater than twenty-five percent (25%) of the original floor area.

g.

For residential uses which are nonconforming as to parking, the addition of new dwelling units shall require the provision of additional parking spaces for the new dwelling units as well as to meet the parking requirements of existing units, in accordance with the standards for new construction.

2.

Legal nonconforming accessory uses in residential zones shall meet the following requirements:

a.

Animal uses. Any legal nonconforming use involving the keeping of animals in residential zones may be maintained if the use is not discontinued.

b.

Fences. Nonconforming fences within any street-yard setback area of a residentially zoned property shall be deemed to be legally nonconforming if they meet all of the following requirements:

(1)

Fencing material shall be open so as not to obstruct views above forty-eight (48) inches from the ground level;

(2)

Fencing material shall be of decorative construction, including but not limited to wood, tubular steel, wrought iron, decorative masonry block, or a combination of these and similar materials (not to include chain-link fencing);

(3)

Fence shall not encroach into the public right-of-way;

(4)

Fence shall not obstruct vehicle sight distance at intersections and driveway approaches;

(5)

Fence shall not obstruct snowplows during snow removal operations.

c.

Parking. No residential dwelling shall be deemed nonconforming solely because it does not meet required off-street parking requirements, provided that it complies with the parking requirements in effect at the time a building permit was issued for its construction.

H.

Non-residential Nonconforming Uses and Structures.

1.

Parking.

a.

A use with nonconforming parking may change to another use without adding parking, except that if the new use would require more parking than the existing use, then the applicant must add parking equal to

the difference between the parking requirement of the existing use and that of the new use (net change in parking intensity).

b.

A use which is consistent with the zone district but which is nonconforming with respect to adequacy of parking may be expanded, provided that parking is provided for the expansion area in conformance with the parking requirement in effect at the time of said expansion.

2.

Alterations and Expansions of Nonconforming Non-Residential Structures When the Use is Consistent With the Zone District.

a.

Alterations to the exterior of a nonconforming structure when the use is conforming, and when there is no expansion of floor area or site area, may be permitted by approval of a minor modification, pursuant to Section 17.03.250.

b.

Alterations and/or expansions of a nonconforming structure and/or site when the use is conforming that involve expansion of no more than twenty-five percent (25%) or five hundred (500) square feet, whichever is less, in floor area or site area, may be permitted by approval of a minor modification, pursuant to Section 17.03.250.

c.

Alterations and/or expansion of a nonconforming structure and/or site when the use is conforming that involve expansion of greater than twenty-five percent (25%) in floor area or site area may be permitted by plot plan review approval, pursuant to Section 17.03.160.

d.

For any proposed expansion of a nonconforming structure or site, where the use is conforming, of fifty percent (50%) or more of the floor area or site area, the city may require that the entire site be brought into conformance with applicable development standards and policies, to the extent these improvements can be reasonably accommodated on the site. For such expansions of less than fifty percent (50%), the city may require that the expansion area(s) be improved in compliance with applicable standards and policies.

e.

A nonconforming building or structure which conforms as to use and complies with the building code, including the issuance of all necessary permits, but which does not conform to the development standards for the district within which it is located, may be altered, added to or enlarged only to the extent that such alteration, addition or enlargement and the use and occupancy thereof fully complies with the applicable development standards for the district within which it is located and with all other applicable regulations.

f.

Accessory structures. Whenever a nonconforming structure is modified pursuant to this section, the city may require that nonconforming accessory structures and uses on the site be brought into conformance with applicable standards and policies. This includes but is not limited to trash enclosures, fences and walls, outdoor storage areas, exterior lighting, storage buildings and removal of unpermitted storage containers. This does not pertain to non-conforming signs, which are governed by Chapter 17.12.

3.

Provisions for Nonconforming Non-Residential Uses.

a.

In order to encourage and promote the conversion of nonconforming nonresidential uses to those which conform with the general plan and zoning designations, no expansion of these uses shall be allowed with respect to either site area or floor area, and no building expansions shall be permitted for these uses, except as provided in this section.

b.

Any proposed alteration to a structure or site in which a nonconforming nonresidential use is located shall require approval of a conditional use permit by the planning commission pursuant to Section 17.03.170. In addition to the findings for conditional use permit listed in Section 17.03.170.E, the planning commission shall make all of the following findings in approving any alteration to a nonconforming nonresidential use, or to a structure in which such use is located:

(1)

The proposed alteration will not prolong the normal remaining life of the nonconforming use.

(2)

The proposed alteration of the nonconforming use will not be detrimental to or prevent the attainment of goals, objectives, and policies specified in the general plan.

(3)

The proposed alteration will not be detrimental to public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.

(4)

The proposed alteration will not change the primary use of the land or increase the intensity of that use.

(5)

The existing nonconforming use and proposed alteration comply with all other applicable city policies, codes and ordinances regulating operation of such uses.

c.

In approving a conditional use permit for alteration of a nonconforming nonresidential use, the planning commission may add conditions which it deems necessary and reasonably feasible to ensure that the nonconforming use is operated in a manner compatible with adjoining properties and the surrounding area and which are needed to reduce any adverse impacts from traffic, noise, light and glare, hours of operation, loading, screening of storage and refuse areas, or other aspects of site design and/or operation of the nonconforming use.

d.

Any use which was originally established in a zone district by right and has since been reclassified as a use permitted by conditional use permit in that district shall obtain a conditional use permit prior to the expansion of the use or any structure related to the use. For the purposes of this section, an application to change an alcoholic beverage license to expand the range of beverages sold shall be considered an expansion of that use.

I.

Repair and Restoration of Nonconforming Structures.

1.

Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, or a conforming structure occupied by a nonconforming use, provided that no structural alteration shall be made if the expense of the restoration exceeds fifty percent (50%) of the replacement cost of the structure at the time the construction is proposed. Any nonconforming structure, or structure occupied by a nonconforming use which is partially destroyed may be restored, provided that restoration is started within one hundred eighty (180) days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure or structure occupied by a nonconforming use is damaged in excess of fifty percent (50%) of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform to all the regulations of the zoning district in which it is located and it shall be treated as a new structure, and any nonconformity shall be cured.

2.

Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the planning commission, subject to appeal to the city council. The burden of proof shall be on the owner to demonstrate by a preponderance of the evidence that the cost of repairs is less than fifty percent (50%) of the replacement cost of the structure.

3.

Nothing in this section shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the uniform construction codes, or any other health or safety requirements imposed by local, state, or federal law or regulation in effect at the time of the repair or rebuilding.

4.

Whenever a nonconforming structure is voluntarily razed, or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

5.

In accordance with Government Code Section 65852.25(a), the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling, which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase "multifamily residential dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. Any reconstruction performed pursuant to this paragraph shall conform to the city's adopted construction codes at the time such reconstruction is undertaken.

6.

In accordance with Government Code Section 65852.25(b), the reconstruction, restoration, or rebuilding of a multifamily dwelling may be prohibited if the planning commission determines that the reconstruction, rebuilding, or restoration will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood; or will be detrimental or injurious to property and improvements in the neighborhood; or that the existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted; or that there no longer exists a zone in which the existing nonconforming use is permitted.

(Ord. 2003-333 § 4 (Exh. A (part)), 2003)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011; Ord. No. 2022-503, § 4(Exh. 1), 8-15-2022)

A.

Purpose and Intent. The intent of this section is to provide criteria for uses and buildings that are occupied by large retail commercial uses as designated with a footnote in Table 17.35.030.A that are subject to the provisions of Section 17.35.220 (Development Standards for Large Retail Uses). Existing large retail commercial uses and structures that occupy a building or collection of buildings on one parcel or adjacent parcel that exceeds a maximum of forty thousand (40,000) square feet shall be deemed transitional uses and structures.

B.

General Provisions.

1.

Transitional uses and structures for which permits were properly obtained and occupied with large retail commercial uses of greater than forty thousand (40,000) square feet of gross floor area established prior to the adoption of this ordinance may continue to operate and be occupied by large retail commercial uses. A new large retail use may occupy a transitional structure occupied by a large retail commercial use at the time of adoption of this ordinance, as long as there is no expansion of the floor area.

2.

Ordinary maintenance and repairs, such as painting, plumbing repair, and similar work may be performed on transitional structures occupied by large retail uses prior to the adoption of this ordinance.

3.

Alterations to the exterior of transitional structures may be allowed subject to approval of a minor modification, pursuant to Section 17.03.250, provided that there is no expansion of the floor area.

4.

Transitional structures occupied by large retail commercial uses for which proper permits were obtained at the time of adoption of this ordinance that are damaged or destroyed may be rebuilt to the same footprint and gross square footage that existed at the time of adoption of this ordinance. The rebuilding of a damaged or destroyed structure shall comply with the requirements of the Uniform Construction Codes, or any other health or safety requirements imposed by local, state, or federal law or regulation in effect at the time of rebuilding.

a.

The rebuilding of damaged or destroyed transitional structures in compliance with the maximum size for large retail commercial uses and structures provided in Section 17.35.050.A and Section 17.35.220 is strongly encouraged. Any rebuilding of damaged or destroyed transitional structures shall comply with the applicable development standards for the zone district within which it is located and with all other applicable regulations to the extent that these can be accommodated on the site.

b.

A development incentive such as a reduction or waiver of development standards, including but not limited to parking, setback, open space, or architectural requirements may be approved by the reviewing authority when the damaged or destroyed transitional structure is reconstructed in conformance with the size limitations specified in Section 17.35.050.A and Section 17.35.220; and when the reviewing authority finds that such waiver or reduction promotes and maintain Big Bear Lake's unique mountain setting and shopping experience, and does not conflict with the health, safety and welfare of the general public.

5.

Whenever a transitional structure is voluntarily razed, or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, including Section 17.35.050.A and Section 17.35.220.

6.

Any interpretation of the provisions of this section shall be heard and resolved by the planning commission, subject to appeal to the city council.

(Ord. 2004-344 § 4 (Exh. 4 (part)), 2004)

(Ord. No. 2011-417, § 4(Exh. A), 12-12-2011)

17.03.340 - Wireless communication facilities.

A.

Purpose. The purpose and intent of this section is to establish procedures for the installation of wireless communication facilities within all zones in the city.

B.

General Provisions.

1.

Any project that involves the installation, location, design, placement, or modification of a wireless communication facility (as defined in Section 17.02.030 of the Development Code), is required to submit the appropriate land use application accompanied with the following information.

a.

A signed copy of the lease or other authorizations required for the placement of the wireless communication facility at the location proposed, including proof that applicant is authorized to install and operate the proposed wireless communication facility. Such submissions need not disclose financial terms.

b.

A description of the concealment elements associated with the wireless communication facility, including but not limited to painting and shielding.

c.

A report signed by a California licensed professional engineer with expertise in radio communications facilities and the calculation of radio frequency emissions containing the following:

i.

Number and type of proposed antennas.

ii.

The make, model and manufacturer of the proposed antennas.

iii.

A description of the proposed antennas and all related fixtures, structures, appurtenances and apparatus, including the height above grade, materials and lighting.

iv.

The frequency, modulation and class of service.

v.

Transmission and maximum effective radiated power. Direction of maximum lobes and associated radiation.

vi.

A certification that the facility will comply with all applicable standards for radio frequency emissions, including cumulative effects, and a description of the manner in which the radio frequency emissions for the facility were calculated and the results of those calculations.

d.

Noise levels and lighting levels that will be associated with the wireless communication facility.

e.

Specific actions that will be taken to minimize the disruption to persons, property and traffic, and to limit harms to persons and property.

f.

A security plan which includes emergency contact information, main breaker switch, emergency procedures to follow, and any other information as required by the city planner.

g.

A description of the anticipated maintenance program.

h.

A detailed description of the existing wireless communication facility and of the modifications that are proposed to be made to the existing wireless communication facility; the dimensions and specific location of the wireless communication facility and its elements, including but not limited to any accessory equipment that will be installed. Description must include detail on any excavations and deployment outside the current site including any physical, wireline, interconnections to other locations, noting existing wireline connections and new ones.

i.

For modifications to a "tower" or "base station" (as those terms are defined in 47 C.F.R. § 1.40001(b)), written verification from a California licensed professional engineer certifying that the host wireless support structure or structure is structurally and mechanically capable of supporting the proposed additional

antenna or configuration of antennas and other equipment, extensions and appurtenances associated with the modification, and that the modification will not cause the facility to violate existing fall zone requirements.

j.

A copy of the approval or permit of the base station or tower that is to be modified along with copies of the initial application, and any subsequent modification applications and permits, even if denied, and of any city-required conditions placed on the initial or subsequent permits, such as, but not limited to, safety, setbacks, fencing, landscaping, and concealment or stealth requirements.

k.

Identification of all the conditions that were placed upon the base station or tower which is to be modified, and for any condition where the wireless communication facility after modification will no longer be in compliance, a clear description of the variation from the underlying conditions. To the extent the modification to an existing wireless communication facility includes replacement in the form of "hardening" of the tower or base station, provide analysis by a California licensed engineer as to why this hardening is necessary for an eligible Section 6409(a) collocation, replacement, or removal of transmission equipment, and percentage of the structure that is being replaced.

l.

Vicinity map, including topographic areas, three hundred (300) foot radius from proposed site/facility, residential and school zones and major roads/highways. The distance of the proposed communication facility from existing residentially designated/zoned areas, existing residences, schools, major roads and highways, and all other telecommunication sites and facilities (including other providers' locations) within a one thousand (1,000) foot radius shall be delineated on the vicinity map.

m.

An evidence of needs report detailing operational and capacity needs of the provider's system within the City of Big Bear Lake or immediately adjacent areas. The report shall detail how the proposed communication facility is technically necessary to address current demand and technical limitations of the current system, including technical evidence, if applicable, regarding significant gaps in the provider's coverage and that there are no less intrusive means to address that significant gap.

n.

Photographs and scale drawings showing the proposed site prior to performance of the work proposed, and photo simulations and scale drawings showing the dimensions and locations of the wireless communication facility after the work is performed (multiple photographs should be submitted as required to show all facilities that will be visible at the site).

o.

Statement by the applicant of willingness to allow others to collocate on the wireless communication facility and certifying that such collocation will be available to future applicants for wireless communication

facilities, subject to good faith negotiations and technical feasibility.

2.

Renewal. Applications for renewal of an existing conditional use permit for a wireless communication facility shall include the name of the holder of the permit, the date the original permit was granted, whether there have been any changes to the wireless communication facility since the issuance of the original permit, and a certification that the wireless communication facility is in compliance with the existing permit and all applicable statutes, laws, rules, and regulations.

(Ord. No. 2017-454, § 4(Exh. 1, § C), 6-12-2017)

17.03.350 - Requests for reasonable accommodation.

A.

Purpose. It is the policy of the jurisdiction, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

B.

Findings. The federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing;

1.

The housing element of the jurisdiction must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;

2.

The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities;

3.

A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures will further the jurisdiction's compliance with federal and

state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

C.

Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

D.

Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning, zoning and building departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning and building and safety departments.

E.

Requesting Reasonable Accommodation.

1.

In order to make housing available to an individual with a disability, any eligible person as defined in subsection C. may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

2.

Requests for reasonable accommodation shall be in writing and provide the following information:

a.

Name and address of the individual(s) requesting reasonable accommodation;

b.

Name and address of the property owner(s);

c.

Address of the property for which accommodation is requested;

d.

Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

e.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

3.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

5.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

F.

Reviewing Authority.

1.

Requests for reasonable accommodation shall be reviewed by the "reviewing authority," using the criteria set forth in subsection G.

2.

The reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection G.

3.

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

G.

Required Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

1.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

2.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3.

Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

4.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

H.

Written Decision on the Request for Reasonable Accommodation.

1.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection G. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

2.

The written decision of the reviewing authority shall be final unless an applicant appeals it to the planning commission.

3.

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by subsection F., the request shall be deemed granted.

4.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

I.

Appeals.

1.

Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

3.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 2022-506, § 4(Exh. A), 10-3-2022)

Chapter 17.04 - NEWSRACKS ON PRIVATE PROPERTY

This chapter shall be known as the "City of Big Bear Lake Placement and Maintenance of Newsracks on Private Property Ordinance."

(Ord. No. 2009-387, § 1, 3-23-2009)

17.04.020 - Intent and purpose.

The city council hereby finds and declares:

A.

The city has significant interests in: (1) promoting vehicular traffic and pedestrian safety and convenience on private property; (2) preventing visual clutter on private property, and (3) protecting the aesthetic character of an area by regulating the placement of newsracks on private property.

B.

The city has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors by ensuring that areas on private property are not unreasonably obstructed by newsracks and that newsracks on private property are properly maintained.

C.

The city has a substantial interest in preserving and protecting the unique visual and aesthetic qualities of the city. To that end, and consistent with the city's general plan, the city desires to take steps to reduce the visual blight, pedestrian inconvenience and hazards associated with an unlimited number and design of newsracks on private property, poorly maintained newsracks on private property and the unrestricted and unregulated placement of newsracks on private property.

D.

Thus, the purpose of this chapter is to promote the public health, safety and welfare and the aesthetic qualities of the city by controlling the size, shape, construction and appearance of newsracks on private property, as a reasonable time, manner and place regulation, so as to:

1.

Provide for pedestrian and driving safety and convenience;

2.

Ensure that there is no unreasonable interference with the flow of vehicular and pedestrian traffic, including ingress and egress from any city residence, place of business or public facility, or any legally parked or stopped vehicles;

3.

Ensure compliance with Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly-located newsracks;

4.

Reduce visual blight and clutter and litter problems associated with poorly maintained or improperly located newsracks;

5.

Advance the economic interests of the city merchants and other information providers, including those involved in the publication and distribution of newspapers and periodicals through newsracks;

6.

Protect the unique architectural, historical and aesthetic attributes of the city;

7.

Reduce exposure of the city, property owners and businesses to personal injury or property damage claims and litigation;

8.

Provide for public and property safety during emergency conditions; and

Maintain and protect the values of surrounding properties.

E.

In adopting this chapter, the city council is mindful that newsrack regulations implicate rights protected by the First Amendment of the United States Constitution and article I, section 2 of the California Constitution. To that end, the city council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties.

F.

The city council further declares that allowing only newsracks on private property of a consistent design, placement and color in the city directly promotes the city's interests in promoting public safety, reducing visual blight and clutter, protecting the unique aesthetic and historical characteristics of the Village "L", and advancing the economic interests of the city merchants and other information providers.

(Ord. No. 2009-387, § 1, 3-23-2009)

17.04.030 - Definitions.

For the purpose of this chapter, certain words and phrases are defined in this section, unless it is apparent from the context that a different meaning is intended:

A.

"Approved newsrack base or pedestal" means a pole-type pedestal constructed of metal material with a single flange at the bottom to be bolted into the ground or sidewalk.

B.

"Business day" shall mean Monday through Friday, inclusive, of every week excepting holidays for which the city is closed to official business.

C.

"Department" means the city planning department.

D.

"Director" shall mean the director of planning, city planner or his or her designee. The director is hereby designated as the administrative enforcement official for this chapter and may issue an order to correct, a notice of relocation, or a notice of removal pursuant to this chapter.

E.

"Harmful matter" has the meaning set forth in section 313 of the California Penal Code, or in any successor provision.

F.

"Hearing officer" means an independent person appointed by the city manager or his or her designee to serve as a hearing officer for appeal hearings.

G.

"Modular boxes" shall mean a kiosk-like structure that simultaneously houses a bank or banks of modular news-boxes. The device is be secured to a firm hard surface such as a concrete sidewalk with the use of anchor bolts or similar means.

H.

"Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution or sale of newspapers or periodicals.

I.

"Off-premises advertisement" means any sign or placard advertising a business located on another parcel or more than 20 feet away from the sign or placard.

J.

"Parkway" means that area between the sidewalk and the curb of any public street, and where there is no sidewalk, that area between the edge of the public street, and the property line adjacent thereto. Parkway shall also include any area within a public roadway that is not open to vehicular travel.

K.

"Permit" means a permit issued pursuant to this chapter allowing the placement of a newsrack within a specifically designated area.

L.

"Person" means any individual, firm, company, corporation or other organization.

M.

"Public sidewalk" means any surface dedicated to the use of pedestrians by license, easement, operation of law or by grant to the city.

N.

"Public street" means all of that area dedicated to public use for public street and sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

O.

"Roadway" means that portion of a public street improved, designed or ordinarily used for vehicular travel.

P.

"Setback" shall mean the minimum required distance that a building, structure, parking area or other designated item must be located from a lot line.

Q.

"Village L" shall mean Village Drive from east of Paine Road to west of Knickerbocker Road, and Pine Knot Avenue from south of the entrance to Pine Knot Landing to north of Cameron Drive.

(Ord. No. 2009-387, § 1, 3-23-2009)

No person shall install, use or maintain any newsrack or other related structure on private property that projects onto, into or over any part of the roadway of any public street or that rests, wholly or in part, upon, along or over any portion of the roadway of any public street or public property, except in compliance with this Code.

(Ord. No. 2009-387, § 1, 3-23-2009)

No person shall install, use or maintain any newsrack on private property within the city when such installation, use or maintenance endangers the safety of persons or property, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, or the ingress into or egress from any residence or place of business.

(Ord. No. 2009-387, § 1, 3-23-2009)

17.04.060 - Permit required.

A.

No person shall install or maintain any newsrack on private property within the city without first obtaining a permit from the department under this chapter.

B.

Applications for permits for newsracks shall be processed and considered for approval by the planning department, and shall contain the following as to each newsrack:

1.

The name, address, telephone number (and facsimile or electronic mail address, if available) of the owner of the newsrack;

2.

The name, address, telephone number (and facsimile or electronic mail address, if available) of the responsible person whom the city may notify or contact at any time concerning the newsrack;

The exact proposed location of the newsrack by specific street address (county assessor's parcel number, if no such address exists), and a scaled map (with distances shown) that clearly identifies the precise location of the proposed newsrack, including all improvements, structures and items that are necessary to determine site distances as set forth in this chapter, and any and all items as determined necessary by the director;

4.

A color photograph and model number of the type of newsrack being used;

5.

The written permission of the property owner on which the newsrack is to be installed;

6.

The name of the publication to be contained in each newsrack;

7.

A hold harmless agreement pursuant to section 17.04.100;

8.

A written agreement to adhere to each provision of this chapter; and

9.

Any required fees, as established by ordinance or resolution of the city council.

C.

The director of planning shall be provided a copy of each completed newsrack application within ten business days following the department's receipt of such application. The director of planning shall review all completed applications for newsrack permits requested under this chapter for consistency with the technical aspects of this chapter. The findings required in subsection 17.12.030 B. shall not apply to an application filed pursuant to this chapter, and the director shall grant a permit if the technical aspects of this chapter are met.

D.

The issuance or granting of a newsrack permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the city shall not be valid.

E.

The issuance of a permit based on plans and other data shall not prevent the director from thereafter requiring the correction of errors in said plans or data or from preventing operations being carried on when in violation of this Code or of any other ordinance of the city.

F.

Any newsrack permit issued on the basis of incorrect information or a fraudulent representation shall be void.

(Ord. No. 2009-387, § 1, 3-23-2009)

17.04.065 - Development Code procedures.

A.

A request for a newsrack permit shall be submitted on a form provided for that purpose by the planning department. Approval shall be by administrative review without a public notice.

B.

A newsrack permit shall be granted as an accessory use only, as defined in section 17.02.030 of the city development code.

C.

All individual newsracks shall be registered with the city planning department.

(Ord. No. 2009-387, § 1, 3-23-2009)

A permit is valid for one calendar year from the date of issuance. If a permittee is in compliance with this chapter, a permit may be renewed for each successive calendar year by the filing of a complete city renewal application at any time 60 days prior to the date of expiration, paying any applicable permit renewal fee, and approval by the director.

(Ord. No. 2009-387, § 1, 3-23-2009)

17.04.080 - Installation and newsrack standards.

A permit issued for the installation of any newsrack on private property shall comply with the following installation standards:

A.

All newsracks shall comply with the American with Disabilities Act, and no newsrack shall exceed 48 inches in height, including the base, 30 inches in width, or two feet in depth.

B.

All newsracks, including the base and tray structure at the same location, must be uniform in dimensions, design, color, construction and made of metal but not wire metal. Base pedestal and/or tray structure shall be a matching color or black.

Exception: Free distribution pedestal boxes measuring a minimum of 36 inches high, ten inches wide, and 12 inches deep shall be allowed if installed adjacent to each other. All other provisions of this chapter shall apply.

C.

Newsracks shall be painted a bronze anodized color including the base and tray structure. Notwithstanding the foregoing sentence, newsracks may have one side of the newsrack that displays the newspaper or periodical made of plexiglass or other transparent, non-shattering material; provided however, that all other standards, including, without limitation, the limit on lettering contained in subsection 17.04.090 D. shall remain applicable.

D.

Newsracks shall only be placed adjacent to a curb or adjacent to the wall of a building. Newsracks placed adjacent to the curb shall be placed no fewer than 18 inches and no more than 24 inches from the back edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.

E.

Except as set forth herein, no newsrack shall be chained, bolted or otherwise attached to any property without the written permission of the owner or person in lawful possession of the property. Each newsrack shall be installed on an approved newsrack base, shall be securely attached to the sidewalk or ground with hardware and in a fashion approved by the building official in the exercise of safe engineering practices.

F.

Newsracks shall be placed immediately adjacent to each other either in groups of individual units or in modular boxes whether placed on a single pedestal or on a multiple pedestal tray mount system. The area dedicated for new racks shall not exceed 12 feet in width and two feet in depth for each location.

G.

Without limiting the provisions of section 17.04.040, and except as explicitly indicated herein, no newsrack shall be placed, installed, used or maintained on private property when such newsrack is:

1.

Within 15 feet of any marked crosswalk;

2.

Within 15 feet of the curb return of any unmarked crosswalk;

3.

Within five feet of any fire hydrant, utility pole, traffic signal controller, traffic signals, or other emergency facility;

4.

Within three feet of any utility meter, traffic control sign post, manhole, service box, parking meter, street light pole or other utility;

5.

Within ten feet of any driveway or alley approach;

6.

Within five feet ahead of, and 15 feet to the rear of any sign marking a designated bus stop;

7.

Within six feet of any bus bench or bus shelter;

8.

At any location where the clear space for the passageway of pedestrians, other than between permitted groups of newsracks, is reduced to fewer than four feet;

9.

Within three feet of any permitted sidewalk dining area or area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes;

10.

Within the boundary of a valet parking zone or any loading/unloading zone;

11.

At any location where street or outdoor furniture may not generally be installed because of potential harm to subterranean structures;

12.

Within any zone designated as residential within the city;

13.

More than ten inches from another newsrack occupying the same location or pedestal; or

14.

Adjacent to any area where the director has previously determined that the location would constitute a hazard or would otherwise endanger life or property.

H.

Only one newsrack location shall be approved on any one parcel, or if one parcel contains more than 200 lineal feet of retail storefront one newsrack location will be allowed for each 200 lineal feet of retail storefront in any one direction.

I.

No group of newsracks shall extend more than 12 feet along any curb, building wall or other area.

J.

Newspapers or publications may only be attached or placed for display on one side of any newsrack, including, without limitation, any newsrack permitted to have side containing Plexiglas or other nonshattering transparent material.

K.

Newsracks shall not be permitted in:

1.

Required setbacks;

2.

Open space areas;

3.

Landscaped areas;

4.

Snow storage areas; or

5.

Any area where the placement of the newsrack would cause the allowable building coverage to be exceeded.

(Ord. No. 2009-387, § 1, 3-23-2009; Ord. No. 2021-494, § 4(Exh. 1), 8-16-2021)

Every person issued a permit for a newsrack under this chapter shall observe and comply with the following standards, and any person failing to observe these standards shall be liable for civil, criminal and administrative remedies, and administrative penalty citations as set forth in this Code for each calendar day or portion thereof that such newsrack remains in violation:

A.

Each newsrack shall be maintained and serviced so that it is free of:

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint, or on all visible painted areas;

3.

Rust and corrosion on all visible unpained metal areas;

4.

Cracks, dents, blemishes, and discoloration in the clear Plexiglas or other transparent material, if any, through which publications are viewed;

5.

Tears, peeling, or fading in the paper or cardboard parts and inserts;

6.

Broken and misshapen structural parts; and

7.

Graffiti, stickers, and etchings.

B.

Each newsrack, including any coin-return mechanism, shall be mechanically operable.

C.

Newsracks shall contain current editions of the publication as stated in the application for the permit.

D.

No newsrack shall be used for off premises advertising signs other than the following:

1.

A single, one line, identification of the name of the newspaper or periodical located within the newsrack shall be permitted for each newsrack. Such identification shall be limited to any one side of the newsrack. Identification lettering shall not exceed three inches, shall be printed in white color and shall be centered at four inches from the top of the newsrack.

2.

A single, removable promotional placard shall be permitted for each newsrack so long as the placard does not contain an off-premises advertisement. Permitted placards, if not weather proof, must be changed no

less often than once every 14 calendar days. The same placard may not be used more than once in any consecutive three-month period. The name of the newspaper or publication shall be allowed behind the placard space and shall comply with the lettering requirements in subsection 17.04.090 D.1.

E.

No newsrack shall remain empty for a period of 30 consecutive calendar days or longer.

F.

No newsrack may contain a publication other than the one listed on the permit application. The applicant may add or remove publications from a permit or permit renewal by making application to the department and providing the information set forth in subsection 17.04.060 B. No additional application fee shall be required for such publication replacement.

G.

Each newsrack will have and maintain on it the name, address, telephone number (and facsimile or electronic mail address, if available) of the person identified in section 17.04.060 B.2., as well as the permit number affixed to the newsrack in a place and in a manner required by the director. Upon the removal of any newsrack or newsrack base for which a permittee has been issued a permit, that permittee shall notify the director of such removal, in writing, within 15 days of such removal.

H.

Except as set forth herein, permits shall not be sold or transferred other than as a part of the sale of all of the assets of the permittee. Any other attempted sale or transfer shall be unlawful and shall void the permit.

I.

When use of a newsrack is permanently discontinued, the newsrack shall be removed and the location restored to its previous condition, including, but not limited to, repair of any portion of the ground or sidewalk damaged by the newsrack or its removal and removal of any protruding bolts or other fasteners, according to specifications provided by the director, in the exercise of safe engineering practices.

(Ord. No. 2009-387, § 1, 3-23-2009)

A condition for issuance of a permit pursuant to this chapter is that every permittee agrees to defend, indemnify and hold harmless the city, its officials, officers, agents and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of the applicant's newsrack within the city, and the permit application shall include an indemnification provision consistent with this section and approved by the city attorney.

(Ord. No. 2009-387, § 1, 3-23-2009)

17.04.110 - Harmful matter.

Harmful matter shall not be exhibited, displayed, sold or offered for sale in any newsrack located in a public place without adult supervision, other than a public place form which minors are excluded. A newsrack shall be considered to be "supervised by an adult" when either of the following measures are taken to restrict access to harmful matter by persons under 18 years of age: (1) the person receiving the harmful matter is required to use an authorized access or identification card to the newsrack and the owner of the newsrack has taken reasonable measures to assure that the card is issued only to persons 18 years old or older and has established a procedure to immediately cancel the card of any person after receiving notice that the card has been lost, stolen or used by persons under 18 years of age, or that the card is no longer desired; or (2) the owner of the newsrack requires the person using the newsrack to retrieve the harmful matter to use a token and takes reasonable measures to ascertain that only those people who are 18 years

of age or older obtain tokens for the newsrack. Persons wishing to use newsracks for the display of harmful matter shall be responsible for paying all administrative and other costs for retrofitting the newsrack and other associated hardware to comply with this section.

(Ord. No. 2009-387, § 1, 3-23-2009)

Upon determination by the director that a newsrack for which a person has been issued a permit has been installed, used or maintained in violation of the provisions of this chapter, including, without limitation, failure to observe any term or condition of the permit or not meeting any condition related to priority for the location of any permit, the director may issue an order to correct, identifying the violation(s) and directing their correction or the removal of the offending newsrack. If, within ten business days following the service of the order to correct, all of the violations listed in the order to correct are not corrected or the newsrack is not removed in accordance with this chapter, the city may cause the correction, removal and disposal of the violating newsrack. The city shall not enforce an order to correct while any administrative appeal of that order to correct or a judicial action challenging the order to correct is pending.

(Ord. No. 2009-387, § 1, 3-23-2009)

A permit issued under this chapter shall not substitute for any land use permit otherwise required under this Code.

(Ord. No. 2009-387, § 1, 3-23-2009)

17.04.140 - Newsracks within the Village "L" and surrounding streets.

A.

Except in compliance with chapter 12.60, newsracks outside of a building shall not be permitted within the "Village L."

B.

Any exterior newsrack proposed on a side street of Village Drive and Pine Knot Avenue shall be located a minimum of 50 feet from the intersection of those streets as measured from the edge of the public right-of-

way. All other provisions of this chapter shall also apply to any such newsrack.

(Ord. No. 2009-387, § 1, 3-23-2009)

A.

Any person or entity aggrieved by a finding, determination, notice, action or failure to act taken under the provisions of this chapter may appeal such finding, determination, notice, action or failure. An appeal must be perfected within three business days after receipt of notice of any protested finding, determination, notice, action or failure to act by filing with the director a letter of appeal briefly stating therein the basis for such appeal.

B.

A hearing before the hearing officer shall be held on a date no more than 15 business days after receipt of the letter of appeal, unless appellant requests a longer time period. Appellant shall be given at least five business days notice of the time and place of the hearing. The hearing officer shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the finding, determination, notice, action or failure to act should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the matter appealed. At the conclusion of the hearing, the hearing officer shall make a final and conclusive determination, setting forth, in detail, the hearing officer's findings and conclusions.

C.

Notwithstanding any provision in this Code to the contrary, the hearing officer's decision shall be appealable to the planning commission pursuant to the procedures set forth in section 12.60.200.

D.

Pursuant to California Code of Civil Procedure section 1094.8, subdivision (c), the city hereby designates actions relating to newsrack permits provided for in this chapter as eligible for expedited judicial review pursuant to Code of Civil Procedure section 1094.8.

E.

All notices required by this chapter to be given by the city to persons with an interest in any newsrack or publication located therein shall be given by first class mail, return receipt requested to the person and at the address provided in subsection 17.04.060 B.1. Service of notices pursuant to this chapter shall be deemed effective upon the earlier of the following: (1) deposit of written notice, properly stamped and addressed into the custody of the United States postal service, or (2) actual receipt by the recipient.

(Ord. No. 2009-387, § 1, 3-23-2009)

Every person required to obtain a permit under the provisions of this chapter shall obtain that permit within 180 days following the effective date of this chapter, meeting all requirements of this chapter except for the uniformity requirement of subsection 17.04.080 B. and the requirements of subsection 17.04.080 C. All newsracks shall meet all requirements of this chapter within three years following the effective date of this chapter. Newsracks made of plastic, wood or wire metal shall be removed within 180 days following the effective date of this chapter. Any newsrack not brought into conformance within such time periods shall be removed by the newsrack owner, the property owner or person in lawful possession of the subject property. New or replaced newsracks shall comply with all requirements of this chapter.

(Ord. No. 2009-387, § 1, 3-23-2009)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter is guilty of a misdemeanor.

(Ord. No. 2009-387, § 1, 3-23-2009)

A.

Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months or by both such fine and imprisonment.

B.

Any person found liable for a civil penalty for any violation of this chapter shall be required to pay a civil penalty provided on the schedule of penalties, late payment penalties, administrative fees and other related fees, costs and charges as shall be established by ordinance or resolution of the city council.

(Ord. No. 2009-387, § 1, 3-23-2009)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2009-387, § 1, 3-23-2009)

Chapter 17.09 - SLOPE DENSITY

These regulations are intended to:

A.

Recognize that the hillside areas of the city of Big Bear Lake form an integral part of the city's natural scenic beauty. The city's landforms are a nonrenewable resource and once destroyed may hinder the tourist industry upon which the city's economic health depends. Hillside protection measures provided for in this chapter will form a key measure in ensuring that development in hillside areas will support the continued aesthetic and economic well-being of the city of Big Bear Lake;

B.

Ensure that design and development of building sites protects public health and safety, and safeguards and enhances the quality of life, especially in those areas with a gradient greater than thirty percent (30%) and most vulnerable to wildfire hazard, landslides, and other life-threatening disasters;

C.

Prohibit all development in areas with steep gradients regardless of zoning unless measures for mitigating adverse environmental impacts can be found;

D.

Maximize the choice of environments available in the city for development and encourage a variety of developmental patterns in hillside areas;

E.

Encourage a full understanding of current practices in good mountain design, architecture, landscape architecture, and civil engineering to preserve, enhance, and promote the existing and future well-being and appearance of the hillside areas of the city;

F.

Encourage the preservation and enhancement of the city's natural scenery by retaining natural topographic features, such as drainage swales, streams, slopes, ridge lines, rock-outcroppings, vistas, natural plant formations, and trees;

G.

Discourage, insofar as is feasible and reasonable, the padding or terracing of building sites in hillside areas;

H.

Promote a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas while minimizing possible scarring effects of hillside street construction. Roads should follow the natural topography wherever possible to minimize cutting and grading.

(Ord. 2005-352 § 5 (Exh. 1 (part)), 2005: Ord. 2005-345 § 5 (Exh. 1 (part)), 2005)

17.09.020 - Development procedures and standards.

A.

General Provisions. The development procedures and standards provided in this chapter shall be applicable to all development within the city of Big Bear Lake, including the division of land.

B.

Slope Limitation. Development shall be prohibited in areas with an average slope of forty percent (40%) or greater. Any subdivision proposed under the Subdivision Map Act shall be designed so that no lots are unbuildable because of this limitation.

C.

Slope Analysis. A slope analysis shall be submitted with all development permit applications that will result in the construction of structures or the division of land.

1.

The adjusted average slope shall be calculated by the following method:

where:

"Adjusted average slope" means the average slope of a subject property excluding any areas with a slope of forty percent (40%) or greater.

2.

The slope analysis shall include:

a.

A topographic base map of the proposed project site which shows the natural grade at a scale of not less than one inch to two hundred (200) feet. The contour interval shall be five feet for slopes ten percent (10%) or greater and two feet for slopes less than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a land surveyor, registered engineer, or registered landscape architect;

b.

Computations for the adjusted average slope for the proposed project site using the method specified in subsection (C)(1) of this section;

c.

Indication on the topographic base map or an overlay of any areas of the proposed project site having a natural slope of forty percent (40%) or greater.

D.

Land Coverage. The maximum allowable land coverage shall be calculated and submitted for all development that will result in the construction of structures or division of land.

1.

Maximum allowable land coverage shall be calculated by the following method:

==> picture [149 x 48] intentionally omitted <==

----- Start of picture text -----
C = X - S [2]
40%
----- End of picture text -----

where:

• C = maximum allowable land coverage expressed in a percentage; X = maximum coverage otherwise allowed by the Development Code; S = adjusted average slope obtained from subsection (C)(1) of this section;

40% = maximum slope.

The following represents a graphic illustration of this formula for R-1 zones:

SLOPE/COVERAGE

==> picture [192 x 186] intentionally omitted <==

2.

The entire parcel shall be taken into consideration when determining the allowable land coverage, including those areas of forty percent (40%) or greater gradient. The maximum allowable land coverage may be permitted for projects that the planning commission finds to represent outstanding and innovative design, site planning, and engineering techniques. However, a project which to some lesser extent meets the above-stated requirements may be limited to less than the maximum allowable coverage.

3.

All portions of the site occupied or covered by impermeable surfaces including buildings, pavement, and grading, except for recreation facilities and active recreation areas that can be utilized by all residents of a multi-unit development or the general public, shall be included in the maximum allowable land coverage.

E.

Preliminary Grading Plan. A preliminary grading plan shall be filed with the city engineer with all permit applications that will result in the construction of roads or structures or the division of land.

1.

The preliminary grading plan shall include the following:

a.

A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet as described in subsection (C)(2)(a) of this section;

b.

Contours of the finished slope shown at intervals similar to the topographic base map;

c.

Street grades, which shall not exceed a twelve percent (12%) gradient, driveway grades, which shall not exceed a fourteen percent (14%) gradient, pad elevations, maximum elevation of top and minimum

elevation of toe of finished slopes over three feet in vertical height, the maximum heights of those slopes, and approximate total cubic yard of cut and fill;

d.

Compliance with the grading provisions contained in the latest edition of the California Building Code, as adopted by the city of Big Bear Lake.

2.

In the event no such grading is proposed, a statement to that effect shall be filed with a plan that delineates the boundary of the building pad and driveway for each parcel proposed, to be prepared on a topographic map described in subsection (C)(2)(a) of this section.

F.

Geologic Report. Unless otherwise waived in writing by the city engineer, a detailed geologic report shall be filed with the city engineer with all development permit applications where any part of the lot area to be developed contains slopes with a natural grade of thirty percent (30%) or greater and will result in the construction of roads or structures or the subdivision of land.

G.

Soil Erosion and Sediment Control Plan. Unless otherwise waived in writing by the city engineer, a detailed soil erosion and sediment control plan shall be filed with the city engineer with all development permit applications where any part of the lot area to be developed contains slopes with a natural grade of thirty percent (30%) or greater and will result in the construction of roads or structures or the subdivision or any other grading of land.

H.

Cuts and Fills.

1.

Maximum cuts and fills of up to ten (10) feet each in vertical height at up to 2:1 horizontal to vertical slope with provisions for slope and soil stability may be permitted by the city engineer, if the following findings can be made:

a.

All cuts and fills will be substantially landscaped to restore the aesthetic and scenic values of the site.

b.

Cuts and fills will be minimized to prevent scarring of the hillsides; graded contours will be matched and blended with the natural contours found onsite and finished in a manner to resemble natural topography that would normally occur.

c.

Exposed retaining walls shall not exceed a maximum height of eight feet.

2.

Development projects in all zones that propose to exceed the maximum cut and fill standards shall require a conditional use permit. Review of grading plans for such projects itemized in subsection (H)(1) of this section shall be conducted during the development review process by the community development department and approved by the planning commission.

I.

Single-Family Residential Uses on Existing Lots of Record.

1.

All single-family residential development proposed to be constructed on existing lots of record as of the effective date of the ordinance codified in this chapter where natural slopes on all parts of the lot to be developed are less than thirty percent (30%) shall be exempt from the provisions of this chapter and the maximum allowable land coverage shall be as set forth in Section 17.25.050 of the Development Code.

2.

Unless otherwise waived in writing by the city engineer, all single-family residential development proposed to be constructed on existing lots of record as of the effective date of the ordinance codified in this chapter where natural slopes on any part of the lot to be developed are at or exceed a thirty percent (30%) gradient shall be exempt from subsection C (slope analysis) and subsection D (maximum allowable land coverage) of this section and the maximum allowable land coverage shall be as set forth in Section 17.25.050 of the Development Code if the plans for the proposed project are prepared by a licensed architect or engineer.

3.

All single-family residential development proposed to be constructed on existing lots of record as of the effective date of the ordinance codified in this chapter shall be exempt from Section 17.09.030.C of this chapter (conditional use permit for encroachments into forty percent (40%) slope area). Notwithstanding this exemption, a conditional use permit shall be required for any grading not in compliance with the standards contained in subsection I.1 of this section. All single-family residential development proposed to be constructed on existing lots of record as of the effective date of the ordinance codified in this chapter shall be reviewed by the development review committee (DRC) if natural slopes on any part of the lot that will be developed are at or exceed a forty percent (40%) gradient and plans for the proposed project are prepared by a licensed architect or engineer. The applicant shall remit the appropriate fee as adopted by the city council, which may be amended from time to time.

(Ord. 2005-352 § 5 (Exh. 1 (part)), 2005: Ord. 2005-345 § 5 (Exh. 1 (part)), 2005)

A.

General Provisions. Requests to increase the amount of maximum allowable land coverage up to the percentage otherwise permitted by the Development Code or to encroach into areas of the proposed development site having a natural slope of forty percent (40%) or greater may be approved subject to the issuance of a conditional use permit through the public hearing process before the planning commission, according to the provisions set forth in Section 17.03.170 (Conditional use permits) of the Development Code.

B.

Increases to Maximum Allowable Land Coverage. The planning commission may approve an increase in the amount of maximum allowable land coverage if, in addition to the required findings for issuance of a conditional use permit, the planning commission finds that the project provides one or more of the following adjustment allowances:

1.

Cluster development;

2.

Improvements to the storm drainage system in excess of those required;

3.

Improvements that will increase access to the subject lot in excess of those required;

4.

Methods to minimize erosion and potential runoff in excess of those required;

5.

Methods to minimize fire hazard in excess of those required, such as installation of Class A roofing, onehour exterior walls, and an early warning fire detection and notification system;

6.

Methods to minimize the need for revegetation;

7.

Revegetation in excess of the requirements;

8.

Preservation of unique topographic features in excess of requirements;

9.

Other proposed improvements that will increase safety and protect the environment in excess of the requirements.

The planning commission may award an increase of up to ten percent (10%) of the lot area for land coverage over and above the maximum allowable land coverage calculated in Section 17.09.020.D of this chapter for each adjustment. However, in no case shall land coverage exceed the maximum allowable land coverage otherwise permitted by the Development Code without an approved variance from Development Code standards.

C.

Encroachments into Forty Percent (40%) Slope Area. The planning commission may approve any requests for encroachments into areas of the proposed development site having a natural slope of forty percent (40%) or greater if, in addition to the required findings for a conditional use permit, the planning commission finds:

1.

That all proposed access provisions do not exceed a gradient of twelve percent (12%) for streets and fourteen percent (14%) for driveways and any landform or grading conforms to the grading provisions contained in the latest edition of the California Building Code, as adopted by the city of Big Bear Lake;

2.

That the project shall have no unmitigated environmental impacts regardless of zoning pursuant to the California Environmental Quality Act; and

3.

That the project exhibits exceptional design and engineering techniques.

D.

Variances. Requests for variances shall be processed in accordance with the provisions set forth in Section 17.03.180 (Variances and minor deviations) of the Development Code.

(Ord. 2005-352 § 5 (Exh. 1 (part)), 2005: Ord. 2005-345 § 5 (Exh. 1 (part)), 2005)

Chapter 17.10 - TREE CONSERVATION AND DEFENSIBLE SPACE[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2014-432, § 2(Exh. A), adopted June 23, 2014, repealed the former Ch. 17.10, §§ 17.10.010—17.10.140, and enacted a new Ch. 17.10 as set out herein. The former chapter pertained to tree conservation and derived from Ord. No. 2002-325, 2002.

Cross reference— Native brush and shrub, ch. 8.94.

The purpose of this chapter is to achieve the following objectives:

A.

To recognize defensible space concepts as an ongoing effort to ensure the long term health of the forest and the fire safety of the community:

B.

To promote conservation of existing forest resources, in balance with the need to allow development consistent with the general plan;

C.

To restrict the indiscriminate removal of trees in all age classes and to manage the removal of trees, brush and shrubs in a manner that inhibits the spread of wildfires;

D.

To encourage tree conservation and defensible space concepts, including preservation of existing healthy trees, brush and shrubs where feasible and planting of new trees, throughout the planning, construction, and ongoing maintenance of development projects;

E.

To plan for the conservation of significant stands of trees and eagle perch trees that are critical to maintaining the biodiversity of the forest;

F.

To employ best management practices in implementing defensible space and erosion control standards.

G.

To establish and maintain an optimal level of age and species diversity so as to provide for long-term stability of the forest, in keeping with the climate and biological resources of the surrounding national forest;

H.

To ensure that the forest is maintained in a healthy condition by preventing topping, improper pruning, limbing and removal of trees, brush and shrubs, to avoid excess irrigation, erosion, damage during construction, or other hazards to forest health;

I.

To ensure proper compatibility between trees, brush and shrubs and their planting sites, so as to reduce damage to pavement, structures and forestall potential conflicts with defensible space requirements;

J.

To encourage good forest management on both private and publicly-owned properties; and

K.

To establish procedures for enforcement and penalties for violations of defensible space requirements.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Base of the tree" shall mean the portion of the tree trunk that meets the ground.

"Canopy" shall mean the continuity of cover over the ground surface formed by interconnecting multiple crowns in groups or stands of trees.

"Crown" shall mean the aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves.

"Clearing."

1.

"Clearing, intentional" shall mean any act or omission, including the cutting down or removal of all or a substantial part of a tree or other vegetation within the critical root zone with the intent to cause a tree to decline in health and/or die. Such intentional acts shall include but not be limited to damage inflicted upon the root system of a tree by application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to unapproved excavation or filling, by topping or girdling, or by the unapproved alteration of natural physical conditions that are done for the purpose of causing the tree to decline in health and/or die.

2.

"Clearing, negligent" shall mean any act or omission, including the inadvertent cutting or removal of all or a substantial part of a tree or other vegetation within the critical root zone that negligently causes the tree to decline in health and/or die. Such negligent acts shall include a lack of water or proper care, and other acts of negligence, which result in the decline in health or death of a tree.

"Critical root zone" shall mean a circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. The circumference of the critical root zone is established by drawing a circle around the base of the tree with one foot of radial distance for every inch of tree diameter at breast height (DBH), except that the minimum critical root zone shall be no less than an eight-foot radius. The critical root zone shall extend to a depth of five feet beneath the surface ground level.

"Coniferous tree" shall mean any tree or non-native tree with needle leaves and a woody cone fruit.

"Construction envelope" shall mean a predetermined area of intrusion, mutually agreed upon by contractor, owner, and city, which shall be shown on the plot plan prior to approval of the plot plan and depicts portions of the project site which may be disturbed during construction, which may include but not be limited to disturbance by grading, construction, storage, and equipment staging.

"Deciduous tree" shall mean a woody plant with broad flat leaves, as opposed to coniferous trees, which at its maturity is at least fifteen (15) feet in height, having a defined crown, and which sheds its leaves annually.

"Diameter at breast height" or "DBH" shall mean the diameter in inches of a tree measured at four and onehalf feet above the existing grade. If a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point beneath the split.

"Diseased tree" shall mean a tree that is irretrievably diseased or infested with insects or other organisms such that no available treatment can arrest or correct the disease or infestation, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

"Dripline" shall mean an imaginary vertical line extending from the outermost portion of the tree crown to the ground. In cases of asymmetrical tree crowns, the widest portion of the crown shall be used as the radius extending the full circumference of the tree trunk.

"Eagle perch tree" shall mean any tree which, due to its location in the vicinity of Big Bear Lake, its height and form, is used by wintering bald eagles for perching and hunting purposes, as determined by a qualified wildlife biologist or agency (such as U.S. Fish and Wildlife Service or California Department of Fish and Game).

"Girdling" shall mean the choking of a tree branch or trunk by a wire, rope or other inflexible material that has been tightly tied to or around it, such that as the tied limb or trunk increases in girth, the tie fails to expand in diameter and cuts off supplies of nutrients and water to the part of the tree above the tie.

"Landscape areas" shall mean those portions of a building site or development site which are set aside to remain in open space, and which may be planted with trees, shrubs, turf, groundcover or other plant material, or left in a natural state with native vegetation, or any combination thereof.

"Major project," for purposes of this chapter, shall mean any use of land requiring approval of a discretionary land use application leading to the issuance of permits for grading and/or construction, including but not limited to plot plan review, conditional use permit, variance or minor deviation, land subdivision, a modification to such project, or an extension of time for such project; and any project which is subject to environmental review under the California Environmental Quality Act.

"Minor project," for purposes of this chapter, shall mean a project for which a grading permit and/or building permit is sought, but which does not require approval of a discretionary land use application. Such projects include but are not limited to single family residences on existing lots of record, or modifications thereto; grading permits where no construction is proposed; stockpiling permits; and demolition permits.

"Permanent tree protection devices" shall mean permanent structures such as retaining walls or aeration devices that are designed to protect a tree and its root systems throughout its lifetime.

"Qualified tree expert" shall mean a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

"Reviewing authority" shall mean the entity that approves development applications or issues permits. In the case of administrative approvals, the reviewing authority shall be planning division staff, subject to appeal to the planning commission. In the case of approvals subject to public hearing requirements, the reviewing authority shall be the planning commission, subject to appeal to the city council.

"Sanitation harvesting" shall mean the removal, prior to development of a site, of those trees which have been determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, Big Bear Fire Department and/or California Department of Forestry, not to be viable over the long term because of over-maturity, insect or disease infestation, a need for thinning to enhance viability of remaining trees, structural defects, trees with dead tops and/or numerous dead limbs, trees that are leaning, trees with deformities such as major forking, swelling and crooks, and other similar conditions.

"Significant stand of trees" shall mean a cluster of trees located on a property so as to create a visually prominent element on the site by virtue of the number and size of the trees in relation to the site and to the pattern of vegetation and development in the vicinity.

"Temporary tree protection devices" shall mean non-permanent structural measures, such as fencing, mulch or berms, installed prior to construction for the purpose of preventing damage to trees during construction.

"Topping" shall mean the practice of cutting back the main trunk or large diameter branches of a tree in a manner that will substantially reduce the overall size of the tree area.

"Tree" shall mean a self-supporting woody plant growing upon the earth that usually provides one main trunk and produces a more or less distinct and elevated crown with many branches. For purposes of this chapter, the term "tree" shall include only those trees that are six inches or greater in DBH.

"Tree cover" shall mean the area directly beneath the crown and within the dripline of a tree.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

17.10.030 - General provisions.

A.

The provisions of this chapter shall apply to all property, in every zone district, within the City of Big Bear Lake.

B.

This chapter shall apply to all trees, which are a minimum of twelve (12) inches in diameter at breast height (DBH), including both native and non-native trees.

C.

In cases where an interpretation of wording in this chapter is required, the authority for interpretation shall be the community development director, except that the community development director's decision may be appealed to the planning commission and ultimately to the city council in accordance with the applicable provisions of the Development Code.

D.

The removal of any tree twelve (12) inches or greater DBH shall be subject to review and approval by the city through issuance of a discretionary land use approval or tree removal permit. Any removal of such tree without obtaining the required permit shall be a violation of this chapter. Each tree removed shall be a separate violation.

E.

Intentional or negligent clearing of property which results in the death or decline of trees to the point that such trees must be removed, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, shall be a violation of this chapter unless such clearing is done pursuant to an approved permit. Each tree, which is removed or damaged by intentional or negligent clearing to the point that it cannot survive such damage, as

determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, shall be a separate violation of this chapter.

F.

The attachment of any signs, notices, or fastening of any wires, cables, spikes, nails, screws, or similar objects to any tree shall be a violation of this chapter. However, in no event shall this section mean to prohibit the hanging of decorative lights, birdhouses, bird feeders, and other similar devices on trees, which do not damage trees.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Pre-Development Review.

1.

For any major project on land which contains one or more significant stands of trees where it is proposed to remove a significant portion of one or more of these stands of trees, a pre-development review shall be required pursuant to the applicable provisions of the Development Code. The purpose of this review is to ensure that tree conservation is considered early in the planning process with respect to placement of buildings, roads and driveways, parking, utilities, and other site improvements.

2.

A tree delineation map shall be required for the pre-development review meeting with the development review committee. This map shall show existing grades, location and size of groups of similar trees

(stands), and any trees which may be significant due to their size.

3.

Conceptual development plans submitted at the pre-development review phase shall show one or more methods of ensuring that tree conservation has been considered in project design. In general, development plans should consider the following:

a.

With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, new and existing trees may be incorporated into structures or decks. Any recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.

b.

In evaluating tree preservation with respect to building placement, consider the relative health and viability of trees. Healthy trees of varying ages should be considered for preservation, rather than removing several younger trees in order to save an older specimen tree, which may be over-mature.

B.

Development Review.

1.

For major projects on sites containing existing trees twelve (12) inches or greater DBH; a tree management plan shall be submitted concurrently with the formal application. Failure to provide this information will result in a determination that the application is incomplete. The tree management plan shall contain the following components, except as otherwise waived by the city planner based on inapplicability to the proposed project:

a.

A plan showing the location of each tree twelve (12) inches or greater DBH on the site and within ten (10) feet of the site perimeter.

b.

Existing grades and the base elevation of each tree shown on the plan.

c.

A table keyed to the tree location plan, which indicates species, diameter, condition and health, recommendations on saving or removal of the tree, and any special considerations. This information shall be prepared by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

d.

Trees proposed to be removed for sanitation harvesting based on recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

e.

Trees proposed to remain after development, and trees proposed for removal;

f.

Details indicating how remaining trees and their critical root zones will be protected during and after construction. This shall include a delineation of the area in which construction equipment shall be prohibited;

g.

Any proposed grade changes within the drip line of trees to remain, and how trees will be protected from changes in grade through use of permanent tree protection devices;

h.

Locations of construction equipment staging and materials storage during construction;

i.

Locations of proposed-underground utilities or other trenching, including storm drains, sewers, area drains, gas lines, electrical service, cable TV and water mains. All lateral lines serving the site shall be shown and shall be located so as not to damage remaining trees;

j.

Locations of overhead utility lines which could impact existing or proposed trees;

k.

Locations of proposed areas of new landscaping which could impact existing trees, including type of vegetation and irrigation proposed;

l.

Locations of streams, wetlands or drainage courses, and any proposed changes to drainage patterns, which could impact trees;

m.

If deemed appropriate, a photographic record of trees affected by development may be required.

The tree management plan shall be prepared and evaluated in consideration of the following criteria:

a.

Tree locations should be reviewed in relation to planned roads, driveways, pavement, structures, overhead utility lines and underground utility trenches, to ensure that trees will not be damaged by construction or development. If the critical root zone of any existing tree will be significantly damaged during construction, or if the tree will conflict with any structure or improvement, the site should be redesigned or the tree should be removed. At least sixty percent (60%) of the critical root zone should remain undisturbed from construction for any tree proposed to remain on site.

b.

With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture new and existing trees may be enclosed within rooflines or decking of structures. Any recommendations of the California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.

c.

The critical root zone of a tree should not be paved over or encased in planters or other enclosures, which could change the grade at the base of the tree.

d.

Grading or landscaping techniques that involve backfilling of soil around trees is not allowed.

e.

The design of structures, improvements and site grades should conform to the natural topography of the site to the extent feasible, to ensure survival of remaining trees.

f.

Consideration should be given to setting aside a natural vegetation area on the site that will be free from development, instead of trying to save individual trees within developed areas.

g.

Trees that are the best candidates for survival should be identified based on the information provided by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

h.

When possible, no paving should be allowed within a distance from the base of the tree of four feet or the diameter of the tree (DBH), whichever is greater. Within the drip line, if a hard surface is required, use of porous materials such as bricks, pavers or other pervious materials should be used.

i.

The proposed site drainage plan should be reviewed for changes to surface water runoff that would affect trees. Final site drainage should not allow surface water to pond around the base of trees.

j.

Utility trenches should avoid the critical root zone of any mature tree to be retained on site, or minimize encroachment to the extent feasible. The width or depth of utility trenches is not a consideration, since the cutting of roots for any size trench may damage a tree severely. To the extent feasible, utilities should be run along the edge of driveways or other paved areas to minimize impacts to trees.

k.

In order to encourage preservation of healthy trees on development sites, the reviewing authority may grant a reduction in the number of required parking spaces for the use(s) proposed within a development project, based on the following criteria:

(i)

For uses requiring ten (10) parking spaces or less on the site, no more than one parking space credit may be granted in exchange for preservation of one or more trees.

(ii)

For uses requiring between eleven (11) and twenty (20) parking spaces on the site, no more than two parking space credits may be granted in exchange for tree preservation, as determined by the reviewing authority.

(iii)

Or uses requiring twenty-one (21) or more parking spaces on site, up to fifteen percent (15%) of the required parking spaces may be reduced in exchange for tree preservation, at a ratio of one parking space for each tree preserved, as approved by the reviewing authority. For the purposes of calculating tree credits, rounding up to the next whole number shall not be allowed.

(iv)

Any trees for which parking space credits are granted shall be determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture to be healthy trees with long-term viability. Development plans shall demonstrate tree preservation measures within the final design as well as during construction.

(v)

If a tree for which a parking space credit was granted does not survive in a healthy state thirty-six (36) months after construction is completed, a replacement tree, selected from Exhibit 1 (Trees of Big Bear Valley), shall be required and have a minimum diameter of three to four inches measured at a point one foot above natural grade.

C.

Preparation of Landscape Plans.

1.

All applicants for major projects may be required to prepare landscape plans for city for review and approval which incorporate trees, including new trees, new replacement trees, and existing trees, regardless of whether the development site contains existing trees or is devoid of trees at the time such development is proposed. Required landscape plans may include the following:

a.

A preliminary landscape plan may be required prior to conditional approval by the reviewing authority for a discretionary project; and

b.

A final landscape and irrigation plan may be required for review and approval prior to issuance of any grading or building permits for the project, if required by the reviewing authority. The final landscape and irrigation plan shall be consistent with the conceptual project approved by the reviewing authority, including any conditions of approval.

2.

For any trees over twelve (12) inches DBH on the project site which are proposed for removal, a replacement tree shall be shown on the landscape plans, except as otherwise recommended by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture. Except as recommended by a California Registered Professional or an arborist certified by the Western Chapter of the International Society of Arboriculture, replacement trees shall have a diameter of three to four inches measured at a point one foot above natural grade. All of the replacement trees shall be selected from Exhibit 1, and a minimum of twenty-five percent (25%) of those trees selected shall be Jeffrey pine, except as otherwise approved.

3.

In order to preserve the character of Big Bear Lake's native Jeffrey pine forest and in keeping with the surrounding natural environment, it is strongly encouraged that trees from the list on Exhibit 1 of this chapter be used in the planting plan. Other trees may be used for special effect, provided that at least some native trees are used on each site. Landscaping should include a mixture of ages and species to provide a continual forest canopy with diversity in form, color, and ability to withstand disease and insects.

4.

Trees used within and adjacent to parking lots and paved areas should be chosen to minimize breakup of pavement due to root growth and avoid dropping heavy cones, sap and other materials onto vehicles. All parking areas shall be designed to incorporate shade during summer months and solar exposure during winter months; use of deciduous trees is encouraged. At least one tree for every six parking spaces shall

be planted throughout the parking lot, which may include planter islands and/or along the perimeter of the lot, where appropriate.

5.

Adequate area should be provided on site to allow full growth and spread of the tree's canopy at maturity, in order to avoid structural damage or premature tree removal. Conifers in Big Bear Lake may grow thirtysix (36) to forty-eight (48) inches in diameter at the trunk base, and the root spread is never less than the spread of the canopy.

6.

Consideration should be given to shade and sunlight requirements, soil type and moisture, and site runoff in tree placement. Areas where ice melt or similar substances or chemicals will be used for ice removal in winter months should not be allowed to drain into landscape areas containing trees.

7.

Plants placed within the dripline of any native conifer or oak tree shall be drought resistant and require no more water than the native tree. Drip irrigation systems may be used in these areas if irrigation is needed.

8.

Erosion control shall be provided on any disturbed bare areas and cut slopes.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

17.10.045 - Tree conservation requirements during construction.

A.

The following tree protection guidelines shall be incorporated as construction notes into all building plans for major projects including but not limited to the following: site, grading, street improvement, curb, gutter and sidewalk, water quality, drainage, public and private utilities, and any plan that proposes construction that may have an impact on trees to be protected.

B.

All construction plans impacting a tree identified to be retained in the TMP must be approved by a State of California licensed landscape architect, California Registered Forrester or arborist certified by the Western Chapter of the International Society of Arboriculture (ISA).

C.

A pre-construction meeting shall be conducted by the building and safety division prior to commencement of any construction on a site with any existing trees of twelve (12) inches DBH or greater, and the provisions of this section shall be reviewed with the contractor. The contractor shall be required to verify in writing that that he/she was notified of the tree conservation requirements prior to commencing construction. If the applicant wishes to deviate from city requirements based on the recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society

of Arboriculture, then the applicant may include the California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture at the meeting. The project landscape architect or arborist shall also attend the pre-construction meeting conducted by the building and safety division and is required to visit the site prior to any trenching or grading activities to verify compliance with the TPM.

D.

Erosion and sedimentation control barriers shall be installed or maintained in a manner which does not result in soil build-up within the critical root zone (CRZ) as defined by Section 17.10.020(E) of the Development Code.

E.

All trees shown to be retained in the TMP shall be protected during construction with chain link fencing, snow fence or fencing of equal, protective value.

F.

Tree protection fences shall be installed prior to the pre-construction meeting and the commencement of any site preparation work (clearing, grubbing, or grading) and shall be maintained throughout all phases of the construction project.

G.

Fences shall completely surround the tree or clusters of trees and be located at the limits of the drip line as defined by Section 17.10.020(K) of the Development Code. In no case shall less than sixty percent (60%) of the CRZ be left unprotected.

H.

Fences shall be maintained throughout the construction project in order to protect the following:

1.

Soil compaction in the drip line areas resulting from vehicular traffic or storage of equipment or material.

2.

Disturbances within the drip line areas due to grade changes or trenching not reviewed and authorized by the City of Big Bear Lake.

3.

Wounds to exposed roots, trunk, or limbs by mechanical equipment.

4.

Other activities detrimental to trees such as chemical storage, concrete truck cleaning, and fires.

I.

Exceptions to installing tree fences at the tree drip line may be permitted in the following cases if a fourinch layer of organic mulch is placed within the drip line of the tree and the plan is approved by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture:

1.

Where trees are close to proposed buildings.

2.

Where there are severe space constraints such as building size or other special requirements.

3.

Where any of the above exceptions result in areas of unprotected root zones those areas should be covered with four inches of organic mulch to minimize soil compaction.

M.

If possible all grading within drip line areas shall be done by hand or with small equipment to minimize root damage prior to grading.

N.

Any roots exposed by construction activity shall be pruned flush with the soil and backfilled with good quality topsoil within one day. If exposed root areas cannot be backfilled within one day, an organic material which reduces soil temperature and minimizes water loss due to evaporation shall be placed to cover the roots until backfill can occur.

O.

Prior to excavation or grade cutting within the CRZ or drip line areas, a clean cut shall be made with a rock saw or similar equipment in a location and to a depth approved by the project landscaper or arborist to minimize damage to remaining roots.

P.

Trees most heavily impacted by construction activities shall be watered deeply once a week with a minimum of five gallons per inch of tree diameter applied at the drip line during periods of hot, dry weather including but not limited to the months of June through October.

Q.

When installing concrete within the CRZ or drip line area, a plastic vapor barrier shall be placed underneath the concrete to prohibit the leaching of lime.

R.

Any trenching required for the installation of landscape irrigation, on and offsite utilities, drainage lines, underground vaults and structures shall whenever possible be located outside the CRZ. In no case shall more than sixty percent (60%) of the CRZ be disturbed.

S.

No landscape topsoil dressing greater than four inches shall be permitted within the CRZ. No topsoil is permitted on root flares of any tree.

T.

Pruning to provide clearance for structures, vehicular traffic, and construction equipment shall take place before construction begins. All pruning must be done according to the standards as outlined in literature provided by the International Society of Arboriculture (ISA Pruning Techniques).

U.

The city has the authority to modify the tree protection plan before or during construction.

V.

Trees approved for removal shall be removed in a manner which does not impact trees to be preserved.

W.

Deviations from the above requirements and negligent damage to trees may be subject to a stop work order and/or subject to revised landscape plan approval as proscribed by Section 17.10.030(D) and (E) of the Development Code.

X.

If any of the trees required to be retained or planted as part of the approved landscaping plan should die within a period of forty-eight (48) months after completion of the activities associated with land disturbance, the owner of the property shall replace the trees within six months at a ratio of one-to-one with an approved tree having a diameter of three to four inches measured at a point one foot above natural grade.

Y.

For multi-family, commercial, and industrial projects only: The city may require surety in the form of a bond or other method as approved by the city planner and city attorney, to ensure that trees to be preserved and/or planted on the site are protected during construction, and remain viable and healthy for twenty-four (24) months after issuance of a final certificate of occupancy.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Plan Submittal Requirements. For minor projects involving building, grading, paving and/or demolition permits which do not require planning commission approval, and which have the potential to impact or cause removal of existing trees twelve (12) inches or greater DBH, the grading and/or construction plans shall show the following information:

1.

The location, base elevation, DBH, species, condition, and critical root zone of all existing trees, which will be affected by the limits of construction. For purposes of this section, the limits of construction shall include any equipment or materials storage areas and/or temporary drive aisles, utility trenching, and other associated activities. All trees affected by proposed construction, both on the subject site and adjacent properties, shall be shown on the plan.

2.

Indication of which trees are proposed for removal and which trees are proposed to remain.

3.

Locations of proposed structures, paving, utilities, and areas to be protected, in relation to trees.

4.

Any proposed grade changes within the drip line of trees to remain, and how trees will be protected from changes in grade through use of permanent tree protection devices.

B.

Plan Review Standards. In approving grading and construction plans proposing to remove or impact existing trees twelve (12) DBH or greater, the reviewing authority shall ensure that the following conservation measures are shown on the plans:

1.

Site shall be designed so as to avoid removal of existing healthy trees, where feasible. Where some tree removal is necessary to accommodate the proposed development, consideration should be given to conserving significant stands of trees, healthy trees, trees of varying species and ages, and trees which due to their size, shape, location and/or appearance are considered to be significant.

2.

Tree locations should be reviewed in relation to planned roads, driveways, pavement, structures, overhead utility lines and underground utility trenches, to ensure that trees will not be damaged by construction or development. If the root system of any existing tree will be significantly damaged during construction, or if the tree at maturity will conflict with structures, the site should be redesigned or the tree should be removed. At least sixty percent (60%) of the critical root zone should remain undisturbed from construction for any tree proposed to remain on site.

With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, new and existing trees may be enclosed within rooflines or decking, to avoid future structural damage or injury to the tree. Any recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.

4.

The base of a tree should not be paved over or encased in planters or other enclosures, which would change the grade at the base of the tree.

5.

Grading or landscaping techniques that involve backfilling soil around trees is not allowed. The original grade should be maintained within the drip line of existing trees.

6.

The design of structures, improvements and site grades should conform to the natural topography of the site to the extent feasible, to ensure survival of remaining trees.

7.

When possible, no paving should be allowed within a distance from the base of the tree of four feet or the diameter of the tree (DBH), whichever is greater. Within the drip line, if a hard surface is required, use of porous materials such as bricks, pavers or other pervious materials should be used.

8.

Every effort should be made to install utility trenches outside the critical root zones. Trenches are to be backfilled as soon as possible.

9.

Where deemed appropriate by the reviewing authority, a condition of approval requiring tree replacement may be applied to the permit in order to achieve the objectives of this chapter.

C.

Tree Conservation During Construction. In order to ensure tree conservation during construction or grading for ministerial projects, the provisions of Section 17.10.45, tree conservation during construction, of this chapter shall be noted on the grading and construction plans.

D.

Approval by Reviewing Authority. Plans submitted pursuant to this section may be approved by the reviewing authority upon finding that:

The plans contain all information required by this section; and

2.

The plans comply with the conservation requirements of this section.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Except as specified in Paragraphs (E) and (F) of this section, in cases where there is no approval of a discretionary project or a ministerial project, but where removal of one or more trees twelve (12) inches or greater DBH is proposed, the property owner or authorized representative shall be required to obtain a tree removal permit from the City of Big Bear Lake. Approval of discretionary or ministerial projects, which include review of tree conservation plans, shall constitute the tree removal approval and no separate tree removal permit shall be required in these cases.

B.

In cases where removal of one or more healthy trees twelve (12) inches or greater in diameter is proposed for reasons other than those listed in Paragraphs (E) or (F) of this section, the applicant for a tree removal permit shall provide the following information to the city planning division:

1.

The address and assessor's parcel number of the property;

2.

Proof of property ownership, or the permission of the property owner to remove the tree(s);

3.

The number, general location, DBH, species and general condition of each tree proposed for removal;

4.

Photographs of each tree proposed for removal;

5.

A written explanation stating the reason for the proposed tree removal;

6.

The required fee as established by city council.

C.

The request for a tree removal permit shall be evaluated by the city planner or his/her designee, and shall be approved if all of the following findings can be made:

1.

The tree removal is reasonable and beneficial because such removal conforms to policies of the general plan and this chapter, and promotes public health, safety and welfare;

2.

The tree removal will not substantially diminish the overall forest canopy within the vicinity or significantly change the character of the site from that of a mountain environment, such that the purpose and intent of this chapter as set forth in Section 17.10.010 can be met on the site if the permit is granted;

3.

The tree removal will not affect an eagle perch tree; and

4.

An approved tree having a diameter of three to four inches measured at a point one foot above natural grade will be planted on the site for each tree removed, where deemed appropriate by the reviewing authority.

D.

Conditions of approval may be applied to a tree removal permit to ensure that the tree is removed and treated in accordance with recommended practices.

E.

When it has been determined by the Big Bear Lake Fire Protection District or the California Department of Forestry that a tree should be removed because it is in decline, is infested or diseased, has died, is structurally unsound, or poses a threat to buildings, life, safety, and/or property, the fire protection district shall provide written notification to the planning division, which shall serve as a tree removal permit for the property owner, and no fee will be assessed for a tree removal permit in these cases.

F.

When it has been determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture or California Department of Forestry that a tree should be removed because it is in decline, is infested or diseased, has died, is structurally unsound, or poses a threat to buildings, life, safety, and/or property, the property owner shall provide documentation of such determination to the City, which shall serve as a tree removal permit and no fee shall be assessed for a tree removal permit in these cases.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Fire Protection. In compliance with the City of Big Bear Lake Municipal Code Title 8 (Health and Safety) Chapter 8.72 (Refuse and Weed Abatement) it shall be the duty of every owner, occupant and person in control of any land or interest therein in the city to abate there from and from all sidewalks, parkways and from any public highway or any public easement adjacent to such land, all noxious weeds or vegetation, dry grass, Russian thistle (tumbleweeds) dead trees, and all combustible rubbish or vegetation that constitutes a fire hazard, which may endanger or injure neighboring property or the health, safety or wellbeing of persons or property.

B.

Tree Conservation Requirements. The following requirements shall apply to all properties within the city:

1.

Landscaping material, which requires daily surface watering, shall not be planted within the drip line of native conifer and oak trees. Instead, plants within this area shall be drought resistant and require no more water than the native trees. If any irrigation is needed, drip irrigation shall be used.

2.

Irrigation lines and sprinkler heads shall not be placed so as to spray on tree trunks of native conifer and oak trees. For native conifer and oak trees, irregular deep watering is encouraged, rather than daily surface watering. Every effort should be made to install irrigation trenches outside the critical root zones. Soil should only be compacted where the job engineer requires. Trenches should be backfilled as soon as possible.

3.

No changes to the grade shall occur within the critical root zone of existing trees through construction of retaining walls, cut or fill, or other means, without plan review and approval pursuant to Sections 17.10.040 and 17.10.050 of this chapter.

4.

No pavement shall be installed within the critical root zone of existing native trees without issuance of a plan review and approval pursuant to Sections 17.10.040 and 17.10.050(B)(2) of this chapter.

C.

Defensible Space. It shall be the responsibility of every property owner occupant and person in control of any land interest to abate the accumulation of forest fuels around their property, through implementation of the following measures within ten (10) feet of roads and driveways, and within an area surrounding the dwelling unit(s) from zero to one hundred (100) feet in the front and rear yards, or to the property lines (whichever is less); and between the dwelling unit(s) and side property lines:

1.

Remove all dead trees, and all combustible rubbish, burnable fuels, debris, or noxious material that constitutes a fire, health or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property including but not limited to all pine needles and branches on roofs, ground debris, logs and snags, grass four inches and higher, pine needles on the ground down to a two-inch depth, and dead branches in bushes and trees.

ious material that constitutes a fire, health or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property including but not limited to all pine needles and branches on roofs, ground debris, logs and snags, grass four inches and higher, pine needles on the ground down to a two-inch depth, and dead branches in bushes and trees.

Exception: Grass, flammable vegetation and other combustible growth located more than thirty (30) feet from any structure and less than eighteen (18) inches in height may be maintained where necessary to stabilize the soil and prevent erosion.

2.

Cut logs or firewood greater than one cord of wood or one hundred twenty-eight (128) cubic feet shall be located ten (10) feet away from any structure or shall be covered with a fire resistive structure or fabric. Firewood should be stacked away from the drip line of trees.

3.

Thin dense groups of young trees (less than six inches in diameter) to a six to eight foot spacing, measured trunk to trunk. Removal of any live tree with a diameter of more than twelve (12) inches measured at four and one-half feet above the ground requires approval by the city.

4.

In areas with a continuous canopy, any tree taller than forty-five (45) feet should have its branches trimmed back to the trunk if those branches have any portion lower than twelve (12) to fifteen (15) feet from the ground. A tree shorter than forty-five (45) feet should be trimmed to remove any dead branches up onethird of its total height. For non-continuous canopy areas, tree branches shall be pruned to remove limbs located less than six feet above the ground service. A minimum vertical separation between the top of a shrub and the bottom lower branches shall be three times the height of the shrub.

Exception: Deciduous and spruce trees more than fifteen (15) feet from any structure that have all forest litter removed from underneath the base of the tree.

5.

Any branches that have any portions less than ten (10) feet from chimney openings shall be completely trimmed. Branches located within ten (10) feet vertical distance from the roof line that overhang a structure shall be removed.

6.

Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting except that any logs infested with bark beetles shall be treated prior to removal as recommended by the California Department of Forestry, a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.

A layer of one-quarter inch of borax powder or other approved material shall be spread on the tops of all cut pine, fir and cedar stumps within two hours of cutting, except where stumps are ground to below grade.

8.

All pine needles and leaves shall be removed when within five feet of any structure.

Exception: Up to two inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted when in the opinion of the fire chief or his/her designee they do not constitute a fire hazard. In deciding whether they present a fire hazard, the fire chief or his/her designee shall consider the proximity of the pine needles and leaves to buildings or structures.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Municipal Code Section 8.94.010 Native Brush and Shrubs.

1.

It shall be the duty of every owner of real property in the City of Big Bear Lake to abate as a nuisance from such real property and from all parkways, native brush and shrubs, that constitute a fire, health, or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property.

2.

Juniper shrubs, Spanish broom, and native brush shall not be planted or maintained within fifteen (15) feet of any building or structure, including, without limitation, any deck or patio. All owners of any real property in the City of Big Bear Lake shall be required to fully comply with this provision by modifying the offending native brush and shrub, which shall be considered a nuisance, from within fifteen (15) feet of any building or structure.

3.

All native brush and shrubs shall be installed and maintained in a manner that minimizes fire risk, including, without limitation, by removing dead branches and twigs at all heights, modifying the lower foliage of branches, and selectively pruning to reduce the density of the plant.

4.

Native brush and shrub shall be installed and maintained with horizontal spacing such that the space between two shrubs (horizontally) shall be a minimum of two times the height of the tallest shrub. Individual shrubs or groups of shrubs clumped together shall be modified so that their diameter does not exceed fifteen (15) feet. Groups of shrubs clumped together with a diameter of fifteen (15) feet or less shall be treated as a single plant.

5.

Paragraphs (B), (C) and (D) of this section shall not apply to an isolated shrub or shrubs that have been heavily modified by thinning and limbing up, nor to activities within the boundaries of a plant conservation easement area, that do not, in the opinion of the fire chief, or his or her designee, constitute a fire hazard. In deciding whether such shrub or shrubs constitute a fire hazard, the fire chief, or his or her designee, shall consider (i) the proximity of the shrub(s) to other buildings or structures; (ii) the types of shrub(s) involved; (iii) the potential threat of the shrub(s) to the public health, welfare and safety; and (iv) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

6.

Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting.

B.

Municipal Code Section 8.94.020 Environmental Exemptions. The modification of brush or shrubs, as described in this chapter, shall be exempt from the provisions of this chapter if any or all of the following would occur:

1.

The activities would result in the taking of endangered, rare, or threatened plant or animal species. By way of example, and not by way of limitation, the following species of plant are, as of the date of the ordinance adopting this chapter, not threatened or endangered and are subject to the provisions of this chapter:

a.

The arctostaphylos patula species of manzanita.

b.

The cercocarpus ledifolius species of mountain mahogany (brush form) (commonly known in Big Bear Valley as ironwood).

c.

Sage species that occur in the Big Bear Valley.

2.

The activities would result in significant erosion and sedimentation of surface waters. The owner of each piece of real property within the City of Big Bear Lake shall, when performing modifications required by this chapter, keep soil disturbance to a minimum, especially on steep slopes. Erosion control techniques such as leaving root balls intact, minimizing use of motorized equipment and covering exposed disturbed soil areas with mulch or similar materials shall be employed in order to help reduce soil erosion and plant regrowth.

C.

Municipal Code Section 8.94.030 Exceptions to Ordinance.

1.

Nurseries, and other similar agricultural and/or horticultural uses shall be exempt from Chapter 8.94, provided the fire chief, or his or her designee, shall have the discretion to enforce the provisions of this chapter with respect to such businesses as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety and/or the health of the forest. In using his or her discretion, the fire chief, or his or her designee, shall consider: (i) the health of the brush and/or shrubs involved; (ii) whether the brush and/or shrubs pose a risk to the public health, safety or welfare of the community; (iii) the type of brush and/or shrubs involved: (iv) the owner's maintenance activities involving the brush and/or shrubs; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

2.

Up to two inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted when in the opinion of the fire chief or his/her designee they do not constitute a fire hazard. In deciding whether they present a fire hazard, the fire chief or his/her designee shall consider:

a.

The proximity of the pine needles and leaves to buildings or structures;

b.

The height of the lower branches of shrubbery from the ground (as per Section 8.94.010(C), above);

c.

The condition of the shrubbery, (e.g., free from dead and dying limbs and leaves) (as per Section 8.94.010(C), above);

d.

The sectioning of the shrubbery (as per Section 8.94.010(D), above); and

e.

Any other factors that the fire chief or his/her designee deem relevant when considering the public health, safety and welfare.

D.

Municipal Code Section 8.94.040 Certificate of Compliance Required. Upon the effective date of the ordinance adopting this chapter, the owner of the each piece of real property within the City of Big Bear Lake: (i) As a condition precedent to, the issuance of any discretionary permit or any building permit; or (ii) As a condition precedent to, the issuance of an initial private home rental license (other than the continuous

renewal thereof) from the city, shall be required to obtain a "certificate of compliance" from the fire chief, or his or her designee, stating that said property is in compliance with Chapter 8.94 of the City of Big Bear Lake Municipal Code relating to native brush and shrubs.

E.

Municipal Code Section 8.94.050 Precedence Over Other Code Provisions. The provisions of Chapter 8.94 shall supersede any conflicting provisions in the City of Big Bear Lake Municipal Code or Development Code. However, if there is a provision in the California Fire Code, as adopted by the City of Big Bear Lake, that is more stringent than the provisions in this chapter, the California Fire Code provision shall apply.

F.

Municipal Code Section 8.94.060 Enforcement—Parcels Over Five Acres. If there is a parcel of land, or contiguous parcels under the same ownership, that comprise over five acres, native brush and/or shrubs within a forty (40) foot wide strip of land at the boundaries of the land and around any structure, shall be modified and continued to be modified in accordance with Section 8.94.010. Brush and shrub modification in the remaining land other than the forty (40) foot wide perimeter boundary is subject to the discretion of the fire chief, or his or her designee, as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety. In exercising his or her discretion, the fire chief, or his or her designee, shall consider, without limitation, the following: (i) the type of brush and/or shrubs growing on the property; (ii) the placement of the parcel in relation to other parcels; (iii) the ability of the owner to comply with the chapter's provisions; (iv) the location of the parcel, i.e., whether it is in an high fire-risk area; (v) number of past violations and/or attempts (or lack thereof) to cure such violations;; and (vi) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.

G.

Municipal Code Section 8.94.070 Notice to Abate—Method of Issuance.

1.

It shall be the duty of any individual or public agency as designated in Section 8.94.150 of this chapter, whenever such individual or agency deems it necessary to enforce the provisions set forth in this chapter, to issue a "notice to abate" as follows:

a.

Mail to the owner as shown on the tax rolls. Such mailing shall be U.S. Mail.

b.

By personal service to the occupant, manager or controller of such property.

c.

In the event service cannot be effectuated by at least one method set forth above, by posting a notice in a clearly visible location on the subject property.

2.

An attachment will accompany the "notice to abate" that includes information explaining the provisions of Section 8.94.090 and instructions on how to comply with the provisions. The information shall include, but not be limited to, a map of the extent of potential sensitive shrub resource areas, instructions for determining whether sensitive plant surveys are needed, and instructions for conducting sensitive plant surveys. In addition, educational material regarding sensitive shrub/hemi-parasitic herb species and flammable native brush/shrub species, as well as protection for nesting birds will also be included.

H.

Municipal Code Section 8.94.080 Notice to Abate—Form. The form "Notice to Abate" shall be substantially in the following form:

NOTICE TO ABATE

Date: ___________

Month Day Year

By virtue of Chapter 8.94 of the City of Big Bear Lake Municipal Code YOU ARE HEREBY NOTIFIED TO ABATE from your property described as

---

Lot, Block, etc.

or located at _____ Number Street

taken from the County of San Bernardino Assessor's Records, which lists the owner as

---

Name

of _____

Address Post Office State Zip Code

specific mentioned items: (describe what specific action(s) need to be taken)

---

---

---

If said items are not abated within thirty (30) days following the date of this notice; or within such additional time required for compliance with Section 8.94.090, Protection of Sensitive Biological Resources; or if there is good cause for the reasons given below as determined by the Fire Chief, or his or her designee, or other

duly designated officer as determined by Section 8.94.150, in his or her discretion, when taking into account the public health, safety and welfare, such officer may order said items abated by public employees, a private contractor, or other authorized person. If abatement is to be undertaken by a public employee or private contractor hired by the City a copy of the Notice to Abate shall be forwarded to the Department of Planning to ensure compliance with Section 8.94.090. The cost of the abatement shall be levied and assessed against the property as a special assessment lien, or billed directly to the owner. The property may be sold after three years by the tax collector for unpaid delinquent assessments.

Additional Time for Abatement Granted for Good Cause: Yes _____ No _____

If Yes, _______ ( ) days.

Good Cause:

---

---

Initials of Issuing Officer: _______

Any appeal from this order must be brought within twenty-one (21) days following its receipt, and directed to the undersigned officer, who will set the same for hearing before the Fire Protection District Board and notify you of the date of such hearing. The decision by the Fire Protection District Board shall be final.

---

Name and Title of Issuing Officer

I.

Municipal Code Section 8.94.09 Protection of Sensitive Biological Resources.

1.

Should any owner receive a notice to abate form that mandates the modification of native brush or shrubs other than the following shrub species: juniper, Spanish broom or native brush species: manzanita, service berry, mountain whitethorn, sage, or mountain mahogany and the property falls within the potential sensitive shrub resource area (as set forth in the city's official records, and which may be amended from time to time), a sensitive plant survey will be required for the property prior to any abatement activities. If it [is] unclear whether a particular property falls within the potential sensitive shrub resource area or whether or not sensitive plant surveys are required, the owner must contact the City of Big Bear Lake Planning Department. The city's planning department shall provide requesting owners with a list of qualified

surveyors, which list may be updated or revised at the discretion of the city. Ideally, sensitive plant surveys should be conducted between June and August to encompass the blooming periods of those sensitive plants that are the most difficult to detect outside the blooming period; however, the sensitive plant survey can be conducted during other parts of the year (aside from periods when snowfall is covering the ground) if necessary. Upon completion of the survey, the surveyor shall advise the owner as to any known or potential sensitive plants that should be avoided during abatement activities. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a

copy of the form to the owner and the planning and fire departments. The owner shall not conduct any modification without prior written approval of the city. All surveys required by this paragraph shall be conducted within a reasonable time, as determined by the fire chief, or designee.

2.

If any native brush modification is required for more than twenty (20) shrubs and vegetation modification activities cannot be performed outside the nesting season (typical nesting season is March 15—August 15), a nesting bird survey shall be performed less than one week prior to vegetation modification activities. Should the owner be required to conduct a nesting bird survey, he/she shall contact the City of Big Bear Lake Planning Department for a list of qualified nesting bird surveyors, which list may be updated or revised at the discretion of the city. Upon completion of the survey, the surveyor shall advise the owner as to any shrub(s) containing nesting birds that should not be modified until the completion of the nesting cycle. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the planning and fire departments. The owner shall not conduct any modification without prior written approval of the city. All surveys required by this paragraph shall be conducted within a reasonable time, as determined by the fire chief, or designee.

3.

Any owner receiving a notice to abate form (for any number of shrubs) will also receive a pamphlet pertaining to providing protection for nesting birds. The pamphlet will describe the Migratory Bird Treaty Act, and suggest that if vegetation modification will occur during the nesting season (March 15—August 15), owners need to check for the presence of active bird nests and avoid modification of any vegetation containing an active bird nest (or vegetation within twenty-five (25) feet of the active bird nest) until the young have fledged.

J.

Municipal Code Section 8.94.100 Notice to Abate—Appeal. Any owner may appeal to the fire protection district board within the time for compliance with the order, by an appeal in writing filed with the issuing officer. Timely appeal shall stay any further action until the decision on appeal is rendered. The officer receiving the written appeal shall inform the issuing officer, who shall set the matter for hearing before the fire protection district board and notify the appellant of the date set for such hearing, at least fifteen (15) days prior to such date. It the appellant resides outside the city, the above period of notice shall be at least twenty-one (21) days. The fire protection district board shall act on the appeal, and its decision shall be the final administrative decision.

K.

Municipal Code Section 8.94.110 Appeal Procedure.

1.

When an appellant files for an appeal pursuant to Section 8.94.100, he or she shall pay to the city clerk an appeal fee equal to the current filing fee, which may be set by resolution of the city council from time to time, as needed.

2.

The fire protection district board shall conduct the hearing under such rules of procedure as are appropriate to quasi-judicial proceedings, provided that the appellant and the parties shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath and that the parties shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the fire protection district board. The city shall have the initial burden of proof. In its discretion, the city shall cause a transcript of the hearing to be taken and prepared.

3.

In making its determination, the fire protection district board shall consider the evidence presented by the appellant, as well as evidence presented by the fire chief, or his or her designee. The fire protection district board shall also consider the following factors, without limitation, in making its decision regarding the appeal:

a.

The effect that the fire chief's decision will have on the overall public health, safety and welfare of the City of Big Bear Lake and the community;

b.

The immediate danger and/or threat to the public if the fire chief's decision is not upheld;

c.

The financial hardship to the owner should he or she be required to modify the brush and/or shrubs pursuant to this chapter;

d.

Other adverse effects on the owner should he or she be required to modify the brush and/or shrubs pursuant to this chapter;

e.

The owner's attempts to comply (or lack of attempts to comply) with the provisions of this chapter;

f.

Any or all of the factors the Fire Chief considered in making his or her determination regarding the modification of the brush and/or shrubs;

g.

Any other factors the fire protection district board deems valid in making its determination.

L.

Municipal Code Section 8.94.120 Abatement by City—Procedure.

1.

Except for Subsection (B), if, at the end of the time allowed for compliance in the original "notice to abate," or as extended in cases of appeal, compliance has not been accomplished, the officer issuing the notice may order native brush, as defined in Section 8.94.150(A)(2), or other shrubs to be abated by (i) public officers or employees of the city, or (ii) a private contractor selected and approved by the city manager, or his or her designee, in the manner and under the terms specified the city manager, or his or her designee. Such abatement shall be collected as a special assessment and the real property shall be subject to a special assessment lien. The amount of such lien shall be the actual cost of abatement and disposal of such material, which shall include, without limitation, the actual administrative and staff costs associated with the abatement procedures outlined in this chapter. The city council may set by resolution, from time to time, reasonable hourly rates for administrative and other costs incurred by the city implementing this chapter.

2.

If the officer who issued the "notice to abate" finds that a substantial amount of native brush, as defined in Section 8.94.150(A)(2), or other shrubs have been abated from the land at the end of the compliance period as indicated in the "notice to abate," or as extended in the cases of appeal, the officer shall issue a second "notice to abate" in accordance with the provisions of Sections 8.94.070 and 8.94.080 prior to commencing the city-initiated abatement proceedings as described in Subsection (A); provided however that the mailed delivery method specified in Section 8.94.070(A)(1) for such second notice shall be made by a method that provides for a proof of receipt and tracking.

M.

Municipal Code Section 8.94.130 Abatement by City—Cost Recovery.

1.

Procedure for Payment. When said abatement has been completed, the fire chief, or his or her designee, or officer responsible for the abatement proceedings, shall render to the finance director, or his or her designee, an itemized statement covering work necessary for such abatement. The finance director, or his or her designee, shall pay the same from the general funds of the city, and by mail, the finance director, or his or her designee, shall present to the owner a demand for payment, including interest calculated at the maximum rate permitted by law. Interest will continue to accrue at such rate until the payment is received by the city. If payment is not made on behalf of the owner within sixty (60) days after mailing the bill, the finance director, or his or her designee, shall certify to the county tax collector the unpaid amount, together with the information required by law. The county tax collector shall cause the amount to be entered upon the property from which abatement was accomplished, and the special assessment and tax shall be included upon the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as ordinance municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinance municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.

Appeals. Any appeal from these charges must be filed within sixty (60) days from the date of billing from the finance director or receipt of a tax bill which shows abatement charges. The appeal procedure shall be as set forth in Sections 8.94.100 and 8.94.110, and the fire protection district board's decision shall be final. Failure to appeal shall constitute a waiver of any and all claims.

3.

Cancellation of Claim. All or any portion of any such special assessment, penalty, or costs entered, shall on order of the fire protection district board be cancelled by the finance director, or his or her designee, if uncollected, or, except in the case provided for in Subsection (C)(5), refunded by the country treasurer if collected, if it or they were entered, charged or paid:

a.

More than once;

b.

Through clerical error;

c.

Through the error or mistake of the fire protection district board or of the officer, board or commission designated by the fire protection district board to give notice or to destroy the brush or shrubs, in respect to any material fact, including where a cost report erroneously shows that the city abated the brush or shrubs;

d.

Illegally; or

e.

On property acquired after the lien date by the state or by any county, city, school district or other political subdivision, and because of this public ownership, not subject to sale for delinquent taxes.

4.

Procedure for Refund of Payment. No order for a refund under this section shall be made except on a claim:

a.

Verified by the person who paid the special assessment, or his or her guardian, executor, or administrator, or

b.

Filed within three years after making the payment sought to be refunded. The provisions of this section do not apply to cancellations.

N.

Municipal Code Section 8.94.140 Authorization for Fee for Service. The city council may establish by resolution, from time to time, fees for service to recover up to, but no more than, one hundred percent (100%) of the cost of the administering this chapter, which shall include, without limitation, the actual administrative and staff costs associated with the inspection and the abatement procedures outlined in this chapter. The fee shall not exceed the estimated reasonable cost of providing the service for which the fee is charged.

O.

Municipal Code Section 8.94.150 Definitions/Administration and Enforcement.

1.

For the purposes of this chapter, these following terms shall be defined as follows:

a.

"Modify" or "abate" shall mean any action that physically affects a plant, ranging from pruning or thinning to complete removal (other than the removal of the root ball).

b.

"Native brush" shall be defined as manzanita (arctostaphylos patula), service berry, mountain whitethorn, sage and mountain mahogany (cercocarpus ledifolius) (brush form) (commonly known in Big Bear Valley as ironwood), as well as such other species as the fire chief, or his or her designee, may, from time to time, determine constitutes a fire hazard. In making such a determination, the fire chief shall consider, without limitation, the following: (i) the type of native brush and/or shrub species the fire chief, or his or her designee, is considering adding to the definition of "native brush" and whether such species is threatened or endangered; (ii) the fire, health or safety hazard of such native brush and/or shrub species to the City of Big Bear Lake and the surrounding community; (iii) the ability of the native brush and/or shrub species to damage neighboring property; (iv) the ability of the native brush and/or shrub species to adversely impact the health, safety or welfare of persons and/or property; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

c.

"Owner" shall mean any person, firm, corporation or entity, including without limitation, any homeowner's association, that has any legal or equitable interest in real property, as shown on public records. In the event real property is leased or rented, the lessee or tenant shall be responsible for all obligations imposed on any owner under this Chapter.

d.

"Shrubs" shall mean a woody plant smaller than a tree, usually having multiple permanent stems branching from or near the ground. Shrubs include, without limitation, native brush.

e.

"Vacant lot(s)" shall mean a parcel(s) of property currently undeveloped or unimproved by any building or structure.

f.

"Zone 1" shall mean all developed properties (i.e., not a vacant lot) and vacant lots, south of Highway 18.

g.

"Zone 2" shall include any property within the City of Big Bear Lake not within Zone 1.

2.

Upon the effective date of the ordinance adopting this chapter, the fire chief, or his or her designee, shall immediately begin enforcing the provisions of this chapter with respect to any and all vacant lots, and any and all properties within Zone 1. In determining which properties within such areas to apply this chapter, the fire chief, or his or her designee, shall consider (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire danger of the area; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

3.

The fire chief, or his or her designee, shall enforce the provisions of this chapter with respect to any and all properties within Zone 2 as he or she deems necessary for the public health, safety and welfare. In making such a determination, the fire chief, or his or her designee, shall consider (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire danger of the area; and (v) any other factors that the fire chief, or his or her designee, deem relevant when considering the public health, safety and welfare.

4.

For the purposes of enforcing this chapter, the city may designate any person as its deputy to perform of the duties provided by this chapter, including, but not limited to, the inspection of property, the delivery of notices, the conduct of appeal hearings, or the abatement/modification as required by this chapter, or any combination thereof. Such designee may include, but not be limited to, the fire chief, or his or her designee, any officer of any public agency designated by the city, or any combination thereof.

5.

Any public official or person designated to administer or enforce the chapter shall be authorized to enter upon private property in order to conduct an inspection, post notices, perform abatement/modification, or any other action necessary or convenient to the administration and enforcement of this chapter. In the event a judicial warrant is required, such person or designee shall obtain a warrant pursuant to the California Code of Civil Procedure, Section 1822.50 et seq.

P.

Municipal Code Section 8.94.160 Violation—Penalty.

1.

It shall be a misdemeanor for any owner of any real property to fail to perform any duty required by this chapter, or to fail to comply with the requirements in the "notice to abate" set forth in Section 8.94.080, or to interfere with the performance of the duties specified in this chapter for any of the officers named in this chapter or their deputies, or to refuse to allow any such officers or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of abating any offending brush and/or shrubs or other material described in this chapter, or to interfere in any manner whatsoever with the officers in the work of abatement provided in this chapter.

2.

Any person, firm, company or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon arrest and conviction or plea of guilty or no contest shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment of not more than ninety (90) days, or both such fine and imprisonment.

3.

Each such owner shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this chapter is committed, continued, or permitted by such owner and shall be punishable accordingly.

4.

In addition to the remedies provided by this chapter or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this chapter (including, without limitation, the failure to comply with a notice to abate) shall be deemed a public nuisance and may be enjoined or abated by the city by means of a civil action or administrative abatement.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

17.10.080 - Defensible space development standards for new subdivisions of land.

A.

Scope. Each proposed residential tentative parcel map or tentative tract map in which an application is deemed complete by the city planner within two years after the effective date of this chapter (with the exception of one-lot condominium subdivisions) shall comply with all applicable requirements of this chapter.

B.

Residential Density. In order to reduce fire hazards, prevent erosion, and to preserve the existing vegetation and visual quality, the density of development for any tentative parcel map or tentative tract map (with the exception of one-lot subdivisions) in sloping hillside areas shall be in compliance with the following criteria:

1.

One to four dwelling units per gross acre on slopes of zero to less than fifteen percent (0 - <15%);

2.

Two dwelling units per gross acre on slopes of fifteen to less than thirty percent (15 - <30%);

3.

One dwelling unit per three gross acres on slopes of greater than thirty to less than forty percent (30 - 40%) gradient;

4.

One dwelling unit per ten (10) gross acres on slopes of forty percent (40%) or greater gradient;

C.

Site and Emergency Access.

1.

Emergency Access. Each development project and each development project phase, except for a

development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to county road standards, with a minimum width of twenty-six (26) feet of allweather surface as defined in the uniform fire code, from existing and surrounding streets. The department may authorize one point of vehicular access to be an emergency access route with an all-weather surface if the department first makes each of the following findings:

a.

Two points of nonemergency access are physically infeasible;

b.

Provisions have been made to reasonably ensure that the emergency access will be maintained; and

c.

Based on the review and consideration of the fire authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.

2.

Private Driveways or Access Roadways. Private driveways or access roadways for residential units shall not exceed one hundred fifty (150) feet in length, unless approved by the fire authority.

D.

Water Supply. Each development project shall provide six-inch or larger circulating (loop) water mains as required by the uniform fire code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements [gallons per minute (GPM) for a minimum number of hours or portions thereof] as specified by the minimum system standards established by the fire authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on-site fire flow and water storage requirements shall be as specified by the uniform fire code.

E.

Access to Water Supplies. There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of each static water source, including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two-and-one-half-inch National Hose Thread Fitting, or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.

F.

Fuel Modification Areas.

1.

A permanent fuel modification area shall be required around a development project or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. In no case shall this area be less than one hundred (100) feet in width as measured from the development perimeter. Where feasible, the area shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be determined based on a fuel modification plan.

2.

When a development project is phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority and shall be based upon the same considerations described in Subdivision (A), above, for permanent fuel modification areas and the factors addressed in the required fuel modification plan.

G.

National Forest Boundary. Each structure on a lot that was created on or after the effective date of this chapter that abuts a boundary of the San Bernardino National Forest shall be set back at least one hundred (100) feet from the boundary.

H.

Sloping Site Setbacks and Fuel Modification. Each structure proposed in an area with slopes exceeding thirty percent (30%) and thirty (30) feet in height shall comply with the following requirements:

1.

Where a structure is proposed on or within two hundred (200) feet of a slope that is greater than thirty percent (30%) before grading and where the slope is at least thirty (30) feet in height, the vegetation on the slopes shall be treated in a manner so that it becomes a fuel modified area. The fuel-modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less for existing parcels or the distance prescribed by a fuel modification plan for new development.

2.

Where grading is utilized that does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes that are greater than thirty percent (30%) in gradient and greater than thirty (30) feet in height, each structure shall be set back at least thirty (30) feet from the edges of the graded area adjacent to the natural ungraded slopes.

I.

Street Name Signs. All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to city standards and visible at all street intersections.

J.

Fire Hydrant Identification. Each fire hydrant shall be identified by a method specified by the fire authority.

K.

Erosion and Sediment Control. Each development project, building permit, grading and any other significant land disturbing activity shall include the installation of erosion control measures in compliance with this Development Code and the requirements of the National Pollution Discharge Elimination System (NPDES).

L.

Building Separation Standards for New Subdivisions. To reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure each building on a parcel shall have exterior wall separations of at least thirty (30) feet including those on adjoining parcels except as modified by Subdivision (1) below. Eaves shall be permitted to project into the required setback no more than two feet. No other projections shall be allowed less than five feet to side or rear property lines.

1.

When the exterior walls of accessory buildings not exempt from the California Building Codes or portions thereof are proposed within fifteen (15) feet of interior side lot line, or the exterior wall separation from another structure is less than thirty (30) feet, the outside of each exterior wall or portion thereof shall be

constructed with exterior wall coverings that are constructed of noncombustible materials or provide the one-hour fire-resistance-rated construction on the exterior side. Modified one-hour construction shall be approved by the building official. In no case shall exterior wall separations be less than ten (10) feet for all buildings,

M.

Perimeter Access to Fuel Modified and Fire Hazard Areas Adjacent to the National Forest. Fire fighting vehicles shall have adequate access into fuel modified areas of the development perimeter that are adjacent to the National Forest, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. Each development project shall provide adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area, a fire hazard area or the National Forest. Provisions shall be made and shall be required, where necessary, through conditions of approval for the development project for the continual maintenance of the areas intended to provide the access. Perimeter access shall be provided, through either of the following measures or through alternate measures as approved by the building official.

1.

The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to fire fighting equipment. The road shall be capable of supporting fire-fighting equipment, shall be at least twenty (20) feet in width, and shall not exceed a grade of fourteen percent (14%). The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained, if it is not within the publicly maintained road system.

2.

Development projects shall provide access ways, at least twelve (12) feet in width, with a grade not to exceed fourteen percent (14%), and capable of supporting fire fighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.

N.

Length of Cul-De-Sacs. Cul-de-sacs shall not exceed three hundred fifty (350) feet in length and have turn around or hammerhead per the California Fire Code Part 9, Appendix Chapter D.

1.

Limitation of the total number of dwelling units with access to the cul-de-sac shall be limited to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. These restrictions shall be imposed through conditions of approval of the development project.

2.

The cul-de-sac road will have a paved width of at least forty (40) feet with posted no parking for its entire length, and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on-site or off-site.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

Any person, firm, or corporation may appeal any decision made pursuant to this chapter to the planning commission, or if the planning commission served as the reviewing authority, to the city council. Procedures for appeals shall be as described in Section 17.03.110 of the Development Code.

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

A.

Except as herein provided, any person, firm, or corporation convicted of violating any provision of this chapter, including but not limited to removal of trees without requisite permits, shall be guilty of a misdemeanor. The city attorney shall have the authority to prosecute any violation of this chapter, which is otherwise a misdemeanor, as an infraction, in the interests of justice. In such cases, the city attorney shall specify in the accusatory pleadings that the offense has been filed as an infraction. Each clearing and/or each unauthorized removal, destruction, or failure to replace a tree shall constitute a separate offense. In addition, the following remedies may be imposed:

1.

Upon conviction of a violation of this chapter, all land use applications, building permits, occupancy, and/or development permits for the subject property upon which a violation of this chapter took place may be suspended until appropriate mitigation measures specified by the city are completed to the city's satisfaction.

2.

The violator may be required to retain and/or pay costs for a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture to develop and implement a tree replacement and/or repair program as appropriate.

3.

In addition to the remedies set forth for criminal violations set forth in Paragraph (5) of this section, the city, at its discretion, may file legal action for damage or destruction to any tree, for tree removal prior to approval of a development project, and for those trees removed in violation of approved plans. A dollar

value for tree damage or loss shall be assessed by using a basic value method or replacement cost method as devised by the council of tree and landscape appraisers.

4.

Notwithstanding anything to the contrary contained in this section, the negligent clearing of trees shall be punishable as an infraction.

5.

Any person found in violation of the provisions of this chapter may be subject to the following:

a.

Any person, firm or corporation convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

b.

Any person, firm or corporation convicted of an infraction under the provisions of this chapter shall be punished by:

(i)

A fine of one hundred dollars ($100.00) for a first violation;

(ii)

A fine of two hundred dollars ($200.00) for a second violation of the same provision within one year from the date of the action constituting the previous violation; and

(iii)

A fine of five hundred dollars ($500.00) for each additional violation of the same provision within one year from the date of the action constituting the previous violation.

c.

Each such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable accordingly.

d.

In addition to the remedies provided by this chapter or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be enjoined or abated by the city by means of a civil action or administrative abatement pursuant to Chapter 8.80 of this Code, and each day such condition continues shall be regarded as a new and separate offense.

e.

Any person, firm or corporation who violates any provision or fails to comply with any requirement or provision of this chapter shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation. Each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the city attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.

f.

In any civil, criminal or administrative action or proceeding commenced by the city to abate a nuisance, to enjoin a violation of any provision of this chapter, or to collect a civil penalty imposed either by this chapter, the city shall, if it is the prevailing party, be entitled to recover from the defendant in any such action reasonable attorneys' fees and costs of suit.

B.

Nothing herein shall prevent the city from taking other such lawful action as is necessary to prevent or remedy any violation(s).

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)

Exhibit 1

TREES OF BIG BEAR VALLEY

(Ord. No. 2014-432, § 2(Exh. A), 6-23-2014)