Chapter 18.29 — P-I PUBLIC/INSTITUTIONAL ZONE

The Public/Institutional Zone is established to reserve sites throughout the community consistent with the General Plan for public facilities and public service installations and to provide a procedure for their establishment and for the expansion of their operations. It generally includes all major public, quasi-public, and institutional land uses, including the Civic Center, fire stations, hospitals, libraries, community centers, water treatment facilities, waste disposal facilities, and public schools.

(Ord. No. O-05-13, § 2(Exh. A(18)), 10-10-2013)

Refer to Table I in Section 18.06.060.

(Ord. No. O-05-13, § 2(Exh. A(18)), 10-10-2013)

All public uses existing in the Public/Institutional Zone as of the date of the adoption of this chapter are declared to be conforming uses and structures.

(Ord. No. O-05-13, § 2(Exh. A(18)), 10-10-2013)

Table 18.29.040-1 sets forth the standards which govern the size, location, height and other characteristics of structures in the Public/Institutional Zone.

Table 18-29.040-1: Development Standards

(Ord. No. O-05-13, § 2(Exh. A(18)), 10-10-2013)

The following special requirements apply to all uses in the Public/Institutional Zone:

A.

Except as otherwise provided, required setback areas adjoining streets may only be used for landscaping, access drives, walkways, lighting standards (poles), and signs;

B.

The outdoor storage of materials and equipment is permitted only within an area surrounded by a security fence or wall eight feet in height with gates capable of being locked. Within storage areas, except for trucks or other vehicles necessary for the operation, materials may not be stored to a height greater than eight feet. Where the storage area is visible from a public street or from adjoining properties in residential, office, public or institutional use, the storage area is to be screened by an eight foot sight-obscuring wall or fence along the side of the storage area facing the street or use. Storage areas are not to be located in required parking areas, front setback areas or side setback areas on the street side of corner lots;

C.

Any process or activity deemed by the Design Review Committee or the Planning Commission to be unsightly may be required to be screened from view by use of a solid wall or fence eight feet in height;

D.

Off-street parking and loading facilities are to be provided as set forth in Chapter 18.36;

E.

Signs may be permitted as set forth in Chapter 18.50;

F.

All uses must be operated in a manner consistent with the environmental performance standards established in Chapter 18.42.

(Ord. No. O-05-13, § 2(Exh. A(18)), 10-10-2013)

Chapter 18.29.1 - RAILROAD/UTILITY CORRIDOR ZONE

The Railroad/Utility Corridor Zone is established to protect all railroad corridors and associated railroad uses, as well as properties used for energy resource transmission and other utility lines throughout the community consistent.

(Ord. No. O-05-13, § 2(Exh. A(19)), 10-10-2013)

18.29.1.020 - Permitted Uses.

Refer to Table J in Section 18.06.060.

(Ord. No. O-05-13, § 2(Exh. A(19)), 10-10-2013)

All public uses existing in the Railroad/Utility Corridor Zone as of the date of the adoption of this chapter are declared to be conforming uses and structures.

(Ord. No. O-05-13, § 2(Exh. A(19)), 10-10-2013)

18.29.1.040 - Special Requirements.

The following special requirements apply to all uses in the Railroad/Utility Corridor Zone:

A.

The outdoor storage of materials and equipment is permitted only within an area surrounded by a security fence or wall eight feet in height with gates capable of being locked. Within storage areas, except for trucks

or other vehicles necessary for the operation, materials may not be stored to a height of eight feet. Where the storage area is visible from a public street or from adjoining properties in residential, office, public or institutional use, the storage area is to be screened by an eight foot sight-obscuring wall or fence along the side of the storage area facing the street or use. Storage areas are not to be located in required parking areas, front setback areas or side setback areas on the street side of corner lots;

B.

Any process or activity deemed by the Design Review Committee or the Planning Commission to be unsightly may be required to be screened from view by use of a solid wall or fence eight feet in height;

C.

Off-street parking and loading facilities are to be provided as set forth in Chapter 18.36;

D.

Signs may be permitted as set forth in Chapter 18.50, except as may be required by the Federal Railroad Administration or United States Department of Transportation;

E.

All uses must be operated in a manner consistent with the environmental performance standards established in Chapter 18.42.

(Ord. No. O-05-13, § 2(Exh. A(19)), 10-10-2013)

Chapter 18.30 - SDA SENSITIVE DEVELOPMENT AREA OVERLAY ZONE

The SDA Overlay Zone is intended to mitigate the impacts of industrial uses near or adjacent to residential neighborhoods. The SDA Overlay Zone allows the Planning Commission to review proposed industrial uses and impose conditions of approval to ensure compatibility between industrial and residential uses.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-15-16, § 4, 10-4-16)

This zone shall be in the form of an Overlay Zone and shall be established only in conjunction with another zone and shall be designated on the Official Zoning Map with the symbol SDA together with the underlying zone symbol, i.e., R-1/SDA.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-15-16, § 4, 10-4-16)

A.

Plans for all development in an SDA Zone Shall be submitted to the Commission for review and Approval under the Conditional Use Permit procedure.

B.

Plans for Development be submitted to the Commission May be proposed as a Master Conditional Use Permit whereby potential future land uses are identified within particular buildings and/or locations within a site or parcel. Subsequent Conditional Use Permits shall not be required for uses within particular buildings and/or locations as identified by an approved Master Conditional Use Permit.

C.

Before approving a proposed Development, the Commission must find that the following conditions are satisfied:

1.

That the proposed development is in conformance with the goals, policies and land use designations in the General Plan for that area;

2.

That the proposed development will not impose significant noise, traffic, air quality, aesthetic or other environmental impacts on adjacent or nearby residential neighborhoods that cannot be mitigated to a level of insignificance.

3.

That the proposed development meets all requirements of this title for similar developments permitted by right.

D.

In granting a permit, the Commission may impose certain conditions that in its opinion will assist to safeguard the health, safety and property values in that zone.

E.

If the Commission so deems necessary, it may refuse to allow a use which it considers incompatible with adjacent or nearby residential neighborhoods.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-15-16, § 4, 10-4-16)

Chapter 18.32 - PC PLANNED COMMUNITY OVERLAY ZONE

The PC Planned Community Overlay Zone is intended to provide for greater flexibility in design and Development of Parcels of land and to Permit and encourage a variety of housing types and environments; a more creative and imaginative approach to the design of Developments and promote a mixture of residential densities and housing types, community facilities, both public and private, and commercial and industrial areas; more efficient Use of land, resulting in smaller networks of utilities and Streets; the provision of greater amounts of Open Space and amenities for the recreational and visual enjoyment; and, the preservation and enhancement of valuable natural areas.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

This Zone Shall be in the form of an Overlay Zone and Shall be established only in conjunction with another Zone and Shall be Designated on the Official Zoning Map with the symbol PC together with the underlying Zone symbol, i.e., R-1/PC.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Plans for all Development in the PC Zone Shall be submitted to the Commission for design review Approval, except Single-Family Dwellings, when Permitted in the Zone, and additions thereto. Before approving a design, the Commission Must find that the Following conditions are satisfied:

A.

That the proposed Development is in conformance with the guidelines of the General Plan for that area;

B.

That the proposed Development meets all requirements of this title and the planned community Development standards for similar Developments Permitted by right.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

The Development standards for the Cooley Ranch planned community are included as an addendum to this title, with a map showing suggested land Uses within the community. Standards are provided for Mobilehome Park Development, Multiple-Family Dwellings, commercial and industrial Development in that area, with general standards for Landscaping, parking, loading and Signs.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

All the regulations, standards and provisions provided in this title and not specifically outlined or mentioned in the Cooley Ranch planned community Development standards or in Development standards for other residential planned community areas Shall be applicable to all Development in the planned community.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Chapter 18.34 - SP SPECIFIC PLAN OVERLAY ZONE

The SP Specific Plan Overlay Zone is intended to facilitate Development within the City in accordance with the General Plan by Permitting greater flexibility and encouraging more creative designs for major Development Projects subject to large-scale community planning; and to promote a more economical and efficient Use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, and preservation of natural and scenic qualities of Open Space.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

The Specific Plan Zone is intended to be Used only when a specific plan is adopted by the City in compliance with Section 65500 of the State planning, zoning and Development Laws. This Zone Shall replace any existing Zone and Shall be governed by the Development standards outlined in the specific plan. Once the specific plan has been adopted and has become effective, the Director of Planning Shall cause all pertinent maps and regulations to be duly amended and thereafter all Development of the affected locations Shall conform to those regulations contained in the text of the specific plan subject to whatever allowance May be made by the Zoning Ordinance for Nonconforming Uses, land or Structures.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

This Zone Shall be in the form of an Overlay Zone and Shall be established only in conjunction with another Zone and Shall be Designated on the Official Zoning Map with the symbol SP together with the underlying Zone symbol, i.e., SP/I-P.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

The Development standards for Colton's Hub City Centre specific plan are included in the specific plan with a map showing land Uses within the specific plan area. The plan is included as an addendum to this title. The total area for the portion of the specific plan within the City boundaries is three hundred seventy-three and two tenths acres, with the majority Designated for commercial/business Uses.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-10-14, § 3, 11-21-2014)

The Plan Components and Implementation, Development Standards, Design Guidelines and Administration for the Roquet Ranch Specific Plan are included in the Specific Plan with map showing Land Uses within

the Specific Plan area. The plan is included as an addendum to this title. The total area for the portion of the specific plan within the City boundaries is three hundred thirty-six and two tenths acres, with the majority designated for open space resource and recreation Uses.

(Ord. No. O-07-18, § 3, 6-5-2018)

The Development standards for the Reche Canyon specific plan are included in the specific plan with a map showing land Uses within the specific plan area. The plan is included as an addendum to this title. The total area for the portion of the specific plan within the City boundaries is one thousand five hundred sixtytwo acres, with the majority Designated for residential Uses, at different densities.

(Ord. 0-07-03 § 2 (Exh. A), 2003: Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

All the regulations, standards and provisions provided in this title and not specifically outlined or mentioned in the specific plan Development standards Shall be applicable to all Development in the specific plan areas.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Chapter 18.35 - OPEN SPACE-RECREATION

The Open Space-Recreation District is established:

A.

To reserve sites within the community for open spaces in accordance with the General Plan;

B.

To protect and preserve unique areas in the City for purposes as groundwater recharge, flood control, wildlife habitat conservation which are of historic, cultural, social, and aesthetic value;

C.

To protect the public health, safety, and welfare and to minimize possible costs to the City and other public agencies that may result from the improper use of land subject to periodic flooding.

(Ord. No. O-05-13, § 2(Exh. A(20)), 10-10-2013)

Refer to Table H. in Section 18.60.060 of this Title.

(Ord. No. O-05-13, § 2(Exh. A(20)), 10-10-2013)

Table 18.35.030-1 sets forth the standards which govern the size, location, height, and other characteristics of structure in the Open Space-Recreational Zone.

Table 18.35.030-1: Development Standards in the Open Space-Recreation Zone

(Ord. No. O-05-13, § 2(Exh. A(20)), 10-10-2013)

The following special requirements apply:

A.

No use is to be permitted, and no process, equipment, or materials shall be employed which, on the basis of an environmental assessment, are found to be detrimental to the public health, safety or welfare by reason of odor, fumes, dust, smoke, cinders, dirt refuse, water-carried wastes, noise, vibration, glare, electromagnetic interference, unsightliness, or other objectionable feature or to involve a hazard of fire, explosion or release of hazardous materials;

B.

The outdoor storage of materials and equipment is permitted only within an area surrounded by a security fence or wall eight feet in height with gates capable of being locked. Within storage areas, except for trucks or other vehicles necessary for the operation, no such materials may be stored to a height greater than eight feet. Where the storage area is visible from a public street or from adjoining properties in residential, office, public or institutional use, the storage area is to be screened by an eight-foot sight obscuring wall or

fence along the side of the storage area facing the street or use. Storage areas are not to be located in required parking areas, in front setback areas or side setback areas on the street side of corner lots;

C.

Any process or activity deemed by the Design Review Committee or the Planning Commission to be unsightly may be required to be screened from view by use of a solid wall or fence eight feet in height;

D.

For purpose of this Section, vehicle parking refers to short-term parking of twenty-four hours or less. Vehicle storage refers to parking in excess of twenty-four hours. Neither type of facility shall be for the purpose of providing required parking for any other use other than a permitted or conditionally permitted onsite use. All such facilities shall conform to the development standards for parking facilities, including paving, striping, landscaping and setbacks;

E.

Off-street parking and loading facilities are to be provided as set forth in Chapter 18.36;

F.

Signs may be permitted as set forth in Chapter 18.50;

G.

All uses must be operated in a manner consistent with the Environmental Performance Standards established in Chapter 18.42.

(Ord. No. O-05-13, § 2(Exh. A(20)), 10-10-2013)

Architectural and Site Plan Review is required by Chapter 18.58 for all new, altered or expanded uses including all new permanent structures over five hundred square feet or expansions of existing buildings which exceed five hundred square feet.

(Ord. No. O-05-13, § 2(Exh. A(20)), 10-10-2013)

Chapter 18.35.1 - OPEN SPACE-RESOURCES

The Open Space-Resource District is established:

A.

To protect and preserve unique areas in the City for such purposes as groundwater recharge, flood control, wildlife habitat conservation and hillside protection;

B.

To protect the public health, safety, and welfare and to minimize possible costs to the City and other public agencies that may result from the improper use of land subject to periodic flooding.

(Ord. No. O-05-13, § 2(Exh. A(21)), 10-10-2013)

Refer to Table H. in Section 18.60.060 of this Title.

(Ord. No. O-05-13, § 2(Exh. A(21)), 10-10-2013)

Table 18.35.1.030-1 sets forth the standards which govern the size, location, height, and other characteristics of structure in the Open Space-Resource District.

Table 18.35.1.030-1: Development Standards in the Open Space-Resource District

(Ord. No. O-05-13, § 2(Exh. A(21)), 10-10-2013)

The following special requirements apply:

A.

No use is to be permitted, and no process, equipment, or materials shall be employed which, on the basis of an environmental assessment, are found to be detrimental to the public health, safety or welfare by reason of odor, fumes, dust, smoke, cinders, dirt refuse, water-carried wastes, noise, vibration, glare,

electromagnetic interference, unsightliness, or other objectionable feature or to involve a hazard of fire, explosion or release of hazardous materials;

B.

The outdoor storage of materials and equipment is permitted only within an area surrounded by a security fence or wall eight feet in height with gates capable of being locked. Within storage areas, except for trucks or other vehicles necessary for the operation, no such materials to be stored to a height greater than eight feet. Where the storage area is visible from a public street or from adjoining properties in residential, office, public or institutional use, the storage area is to be screened by an eight foot sight obscuring wall or fence along the side of the storage area facing the street or use. Storage areas are not to be located in required parking areas, in front setback areas or side setback areas on the street side of corner lots;

C.

Any process or activity deemed by the Design Review Committee or the Planning Commission to be unsightly may be required to be screened from view by use of a solid wall or fence eight feet in height;

D.

For purpose of this Section, vehicle parking refers to short-term parking of twenty-four hours or less. Vehicle storage refers to parking in excess of twenty-four hours. Neither type of facility shall be for the purpose of providing required parking for any other use other than a permitted or conditionally permitted onsite use. All such facilities shall conform to the development standards for parking facilities, including paving, striping, landscaping and setbacks;

E.

Off-street parking and loading facilities are to be provided as set forth in Chapter 18.36;

F.

All uses must be operated in a manner consistent with the Environmental Performance Standards established in Chapter 18.42.

(Ord. No. O-05-13, § 2(Exh. A(21)), 10-10-2013)

Architectural and Site Plan Review is required by Chapter 18.58 for all new, altered or expanded uses including all new permanent structures over five hundred square feet or expansions of existing buildings which exceed five hundred square feet.

(Ord. No. O-05-13, § 2(Exh. A(21)), 10-10-2013)

Chapter 18.36 - PARKING AND LOADING REQUIREMENTS[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. O-11-20, § 7, adopted Oct. 20, 2020, amended ch. 18.36, and in so doing changed the title of said section from non-residential parking and loading requirements to read as set out herein.

The purpose of this chapter is to provide provisions for adequate Off-Street parking and loading, thereby helping to reduce traffic congestion, promoting more efficient loading operations, allowing more efficient Use of On-Street parking and that parking facilities are properly designed, attractive, and located to be unobtrusive, generally to the rear of the site, whenever possible, while meeting the needs of the specific use or structure.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992; Ord. No. O-11-20, § 7, 10-20-2020)

A.

When a new Structure or Use or existing structure or use is altered, modified or enlarged, it must at that time comply with the standards and requirements set forth in this title, with regard to the addition or expansion or modification of a parking lot use such as for parking lots and truck and trailer parking lots commonly found in the City's industrial zones.

B.

Parking for the existing Structure or Use need not conform to this chapter, but it Shall not be reduced below that which is described in this title for the specific Use.

C.

Where calculation of the number of spaces required results in a fractional number, the next higher whole number shall be Used.

D.

In the case of mixed uses in a building or on a Lot, the total requirements for Off-Street parking Shall be the sum of the requirements for the various Uses computed separately. Off-Street parking for one Use Shall not be considered as providing required parking for any other Use except as specified for joint Use.

E.

No covered or uncovered tandem parking is Permitted for parking credit, unless otherwise allowed by another section of the Zoning Code. Each credited Parking Space Shall be so designed that a car need not be moved to gain Access to or from any other Parking Space.

F.

In the case of a Miniwarehouse Use, parallel parking is Permitted upon Conditional Use Permit design Approval.

G.

Parking Spaces in Commercial and Industrial Zones Shall have dimensions of not less than nine feet in width and twenty feet in depth. Handicapped stalls Shall be provided as recommended by the State Code (two percent of the total required spaces). In the case where a parking stall is adjoined on one or both sides of its length by a Curb, Fence, Wall, partition, column, post or similar Obstruction, that is located less than four feet from an Access aisle measured along the length of the stall or continues to form the end of an Access aisle, it Shall have a minimum width of 11.5 feet.

H.

In the case where the parking area contains twenty or more spaces, twenty percent of the total required number of spaces May be designed to accommodate Compact Cars, with dimensions not less than 7.5 feet in width and fifteen feet in depth. In Addition, Compact Car spaces provided on a Lot Shall be clearly marked as compact.

I.

All Off-Street Parking Spaces Shall be provided on the same Lot as the Main Buildings, except as otherwise allowed by this Title.

J.

All off-street parking spaces shall be independently accessible with a minimum of twenty-five feet of unobstructed space provided for the maneuvering of vehicles to the front of the parking space. No parking stall shall be designed so that a vehicle may back onto a Public Street.

K.

All Driveway approaches, driveway and parking areas Shall be surfaced or paved with concrete, asphalt concrete or other bitulithic surfacing of at least two and one-half inch thickness and Shall be thereafter maintained in good condition.

L.

All parking areas Shall be provided with adequate wheel Stops (a concrete Curb not less than six inches high, securely installed and maintained as a safeguard to abutting Property). The barrier Shall be at least three feet from any Property line, but in no case Shall it be less than necessary to meet the intent of this section. A continuous Curb Shall be installed where possible to allow for Landscaping beyond the Curb.

M.

One-way Driveways shall be twelve feet wide; two-way, twenty feet wide, and shall not be encumbered by any projection to a height under fourteen feet above Grade. Where there is more than one means of access, two twelve-foot driveways may be provided in lieu of one twenty-foot wide Driveway. All driveways shall be separated from nondriveway areas by a continuous Curb.

N.

Where two driveways are provided, each shall be clearly marked as to the direction of ingress and egress.

O.

Parking Facilities may be designed to encroach on the front setback area a maximum of seventeen feet in the C-1 Zone; twelve feet in the C-2 zone; and five feet in all other zones.

P.

Parking and Loading Spaces to be Permanent. Each parking and loading space shall be permanently and continuously paved, available, marked and maintained for parking and loading purposes for the use it is intended to serve. Parking and/or vehicle storage is not permitted on unpaved commercial, industrial or residential lots.

Q.

Location of Parking. Parking spaces shall be located on a site or off site as required and as allowed by this code by use for the applicable neighborhood, district, or corridor.

R.

Vehicles for Sale. No motor vehicle or other personal property shall be parked on private property for the purpose of displaying the vehicle or other personal property for sale, hire, or rental, unless the property is appropriately zoned, approved by the city for that use, and the person or business at that location is licensed to sell vehicles or other personal property. However, one automobile or truck, not exceeding oneton capacity, owned by the owner, renter, or lessee of the property may be displayed for the purpose of sale for a maximum of one month.

S.

Maintenance Parking Areas. Parking areas required by this chapter shall be continuously maintained by the property owner for the use of tenants of the premises, and for clients, customers, employees, and visitors. The continuance and maintenance of the required spaces shall be the obligation of the owner of the property upon which the use or structure is located, as long as the use requiring the spaces continues and the structure exists.

(Ord. 0-15-07 § 7, 2007: Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-12-18, § 30, 12-18-2018; Ord. No. O-11-20, § 7, 10-20-2020)

18.36.021 - Number of Parking Spaces Required.

1.

Parking on nonresidential zones, except for the C-2/D-O, M-U/D and M-U/N zones, shall meet the minimum parking required for a particular use based on the table below.

2.

The minimum parking provided shall be use by passenger-size cars or equivalent of customers, employees, and visitors. Parking for fleet vehicles, trucks, and vehicles over 20 feet long shall be provided in addition to the minimum parking required.

3.

"Square feet" means "gross square feet" and refers to the sum gross square feet of the floor area of a building and its accessory buildings unless otherwise specified.

4.

Exceptions to the standards and requirements set forth in this title may be approved by the Planning Commission following preparation of a parking study by a licensed traffic engineer and recommendations of the City Engineer and Development Services Director. For applications where the Planning Commission is not the deciding authority, such exceptions may be allowed by the Development Services Director unless elevated to the Planning Commission.

orth in this title may be approved by the Planning Commission following preparation of a parking study by a licensed traffic engineer and recommendations of the City Engineer and Development Services Director. For applications where the Planning Commission is not the deciding authority, such exceptions may be allowed by the Development Services Director unless elevated to the Planning Commission.

(Ord. No. O-12-18, § 31, 12-18-2018; Ord. No. O-11-20, § 7, 10-20-2020)

18.36.022 - Nonconforming Parking.

A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following:

A.

Residential Uses. No additional parking spaces shall be required; provided, the change does not increase the original floor area by more than fifty-five percent, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access. New open patios are not considered an increase of the original floor area nor are Accessory Dwelling Units as specified by the Zoning Code.

B.

Nonresidential Uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this chapter for any additional floor area. If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.

C.

Waiver by Commission. The commission may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the commission determines, in compliance with Minor Conditional Use Permit, that the existing structure location, lot size, or topography renders the requirement unreasonable.

(Ord. No. O-11-20, § 7, 10-20-2020)

A.

Striping and wheel Stops or bumpers Shall be provided for all commercial and industrial Development.

B.

The minimum Lot dimensions Shall be provided in accordance with the degree of the Parking Spaces they serve, as described in the Following table:

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

The Planning Commission may, upon Application by the Owner or lessee, authorize the joint Use of Parking Facilities by the Following Uses or activities under the conditions specified herein:

A.

Up to fifty percent of the Parking Facilities required by this chapter for a Use considered to be primarily a Daytime Use May be provided by a Use considered to be primarily a nighttime Use, up to fifty percent of the Parking Facilities required by this chapter for a Use considered to be primarily a nighttime Use May be provided by a Use considered to be primarily a Daytime Use.

B.

The Following Uses are typical Daytime Uses; banks, Businesses and professional offices, retail stores, personal service shops, clothing or shoe Repair Service shops, and similar Uses.

C.

The Following Uses are typical of nighttime and/or Sunday Uses: auditoriums, fraternal Lodges, Churches and theaters.

D.

Conditions Required for Joint Use Agreements.

1.

A Building or Use for which Application is being made for authority to utilize the existing Off-Street Parking Facilities provided by another Building or Use, Shall be located within one hundred fifty feet of such Parking Facilities.

2.

The Applicant Shall show that there is no substantial conflict in the principal operating hours for the Buildings or Uses for which the joint Use of Off-Street Parking Facilities is proposed.

3.

Parties concerned in the joint Use of Off-Street Parking Facilities Shall evidence agreement for such joint Use by a proper legal instrument Approved by the Director as to form and content.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

All commercial and industrial Buildings, Hotels, Hospitals and Institutions hereafter erected, constructed, converted, established or enlarged to increase their floor space, Shall be provided with adequate Loading Space, as determined by the Committee. Any Loading Space provided Shall afford adequate ingress and egress for trucks from a Public Street or Alley. In no case Shall any Part of Public Street or Alley be Used for loading.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

A.

Bicycle Parking and Changing Rooms.

1.

Bicycle racks or other secure bicycle parking shall be provided in nonresidential projects based on the following standards:

a.

Short-Term Bicycle Parking. If the project is anticipated to generate visitor or customer traffic, provide permanently anchored bicycle racks in accordance with the latest adopted California Green Building Standards Code.

b.

Long-Term Bicycle Parking shall be provided in accordance with latest adopted California Green Building Standards Code.

c.

A bicycle parking facility may be an approved covered lockable enclosures, lockable rooms or lockable lockers which must be permanently anchored racks. The facilities and location (e.g., provision of racks, lockers or locked room) shall be to the satisfaction of the Director.

d.

Changing rooms may be provided in accordance with the latest adopted California Green Building Standards Code.

B.

Motorcycle Parking.

1.

Motorcycle parking shall be provided in nonresidential projects based on the following standards:

a.

A minimum of two spaces for developments over twenty-five thousand square feet;

b.

A minimum of four spaces for developments over fifty thousand square feet;

c.

The minimum size of motorcycle spaces shall be seven feet in width by seven feet in depth.

d.

Motorcycle spaces shall not count toward any requirement for automobile parking spaces.

(Ord. No. O-05-13, § 2(Exh. A(22)), 10-10-2013)

A.

Off-site parking may be permitted for nonresidential projects subject to the approval of a conditional use permit, based on the approval process outlined in Section 18.58.060 of this Code.

B.

Criteria. In addition to the findings in Section 18.58.060, the following criteria shall apply:

1.

All off-site parking facilities shall be located within one thousand feet of the property where the use in question is located, unless a binding agreement is provided to provide transportation access from the parking facility to the use in question on a regular basis.

2.

Public transit service shall be available within one-quarter of a mile of the use in question.

(Ord. No. O-05-13, § 2(Exh. A(22)), 10-10-2013)

Chapter 18.37 - SURFACE MINING AND RECLAMATION

18.37.010 - Purpose and Intent.

A.

This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, hereinafter referred to as "SMARA," California Public Resources Code, Section 2710 et seq., as amended, and Chapter 8, Title 14, Section 3500 et seq. of the California Code of Regulations and adopted pursuant hereto.

B.

The City Council finds and declares that the extraction of minerals is essential for the continued economic well being of the City and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health, safety and welfare.

C.

The Council further finds that the reclamation of mined lands as provided in this chapter will Permit the continued mining of minerals and will provide for the protection and subsequent beneficial Use of the mined and reclaimed land.

D.

The Council further finds that surface mining takes place in certain diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different and that reclamation operations and the specifications May therefore vary accordingly.

(Ord. 0-27-92 § 1 (part), 1992)

The provisions, phrases and words of this chapter and those of any standards or procedures adopted pursuant thereto Shall be construed and applied consistently with the provisions and definitions contained in SMARA and the California Code of Regulations (commencing with Chapter 8, Title 14, Section 3500 et seq.), as the same have been enacted or may be amended from time to time.

(Ord. 0-27-92 § 1 (part), 1992)

A.

The provisions of this chapter Shall apply to areas within the incorporated areas of the City.

B.

The provisions of this chapter are not applicable to:

1.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land Following a Flood or natural disaster;

2.

Prospecting and exploration for minerals of commercial value where less than one thousand cubic Yards of overburden is removed in any one location of one acre or less;

3.

Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic Yards of minerals, ores, and overburden, or involve more than one acre in any one location;

4.

Surface mining operations that are required by Federal Law in order to protect a mining claim, if such operations are conducted solely for that purpose;

5.

Operations involving the extraction of geothermal resources, natural Gas, petroleum and water;

6.

Such other mining operations that the City determines to be of an infrequent nature, and which involve only Minor surface disturbances and are categorically identified by the State Mining and Geology Board pursuant to Sections 2714(d) and 2758(c) of the California Public Resources Code.

(Ord. 0-27-92 § 1 (part), 1992)

18.37.040 - Permit and Reclamation Plan Requirement.

A.

Any Person, except as provided in Section 2776 of the Public Resources Code, who proposes to engage in surface mining operations as defined by reference in Section 18.37.020 Shall, prior to the commencement of such operations: (1) obtain a Permit to mine; (2) submit and obtain Approval of a reclamation plan; and (3) obtain Approval regarding financial assurances for reclamation; in accordance with the provisions set forth in this chapter and SMARA. A Fee as prescribed by Resolution of the City Council Shall be paid to the City at the time of filing. All Applications for a reclamation plan for the surface mining operations Shall be

made on forms provided by the Department of Planning and Community Development in accordance with Section 18.37.050 of this chapter, and Section 2772 of the California Public Resources Code.

B.

A Person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, pursuant to Section 2776 of the Public Resources Code, Shall submit to the City, and receive, within a period of one Year, Approval of the reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was Approved by the City prior to January 1, 1976, and the Person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan.

C.

The State geologist Shall be notified of the filing of all Permit Applications by the Director of Planning and Community Development of the City in accordance with Section 2774(e) of the California Public Resources Code. Pursuant to that section, copies of all Permits to mine which are issued Shall be forwarded to the State geologist.

D.

This chapter Shall be reviewed from time to time and revised as necessary in order to ensure that it is in accordance with the State Police for mined lands reclamation. Any revisions Shall be submitted to the State Mining and Geology Board for review and recertification.

(Ord. 0-27-92 § 1 (part), 1992)

An Application for a surface mining and reclamation Permit Shall include the Following:

A.

Name and address of the Applicant;

B.

Name(s) and address(es) of the Property Owner(s) or Owners of surface rights;

C.

Name(s) and address(es) of Owner(s) of mineral rights;

D.

Name and address of lessee;

E.

Name and address of Operator;

F.

Name and address of Person Designated by Operator as his agent for the service of process;

G.

Assessor's Parcel number(s);

H.

Legal description of the subject Property;

I.

Site Development plan drawn at a scale specified by the Director of Planning and Community Development of the City, which includes the Following information:

1.

Property boundary lines and dimensions,

2.

Areas proposed for Development,

3.

Location of proposed Buildings and Structures,

4.

Parking and Vehicle maneuvering areas,

Method of vehicular Access,

6.

Location of any existing or proposed roads, water lines or other pipelines, Easements proposed or existing, and any existing Buildings, Structures, or major areas of Use for the Property being considered,

7.

Height, type and location of fencing,

8.

Such additional information as May be deemed necessary to Permit adequate consideration of the proposal;

J.

A vicinity map showing all proposed Access routes and a statement as to the method proposed for transporting mined Materials from the site;

K.

A sufficient number of cross-sections of the area to show existing Grades and proposed finished Grades after all surface mining has been completed Shall be provided. Cross-sections Shall be drawn to an engineer's scale that is practical and workable;

L.

Reclamation plan including the Following information:

1.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted,

2.

The proposed dates for the initiation and termination of such operation,

3.

The maximum anticipated depth of the surface mining operation,

4.

The size and legal description of the lands that will be affected by such operation; a map that includes the boundaries and topographic details of such lands; a description of the general geology of the area; a detailed description of the geology of the area in which surface mining is to be conducted; the location of all streams, roads, Railroads, and Utility facilities within, or adjacent to, such lands; the location of all proposed Access roads to be constructed in conducting such operation; and the names and addresses of the Owners of all surface and mineral interests of such lands,

5.

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation,

6.

A description of the proposed Use or potential Uses of the land after reclamation and evidence that all Owners of a possessory interest in the land have been notified of the proposed Use or potential Uses,

7.

A description of the manner in which reclamation adequate for the proposed Use or potential Uses will be accomplished, including:

a.

A description of the manner in which contaminants will be controlled and mining waste will be disposed,

b.

A description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition minimizing erosion and sedimentation will occur,

8.

An assessment of the effect of implementation of the reclamation plan on future mining in the area,

9.

A statement that the Person submitting the plan accepts the responsibility for reclaiming the mined lands in accordance with the reclamation plan,

10.

Compliance with the reclamation standards regulations as adopted by the State Mining and Geology Board pursuant to California Public Resources Code Section 2773,

11.

Any other information determined by the Director of Planning and Community Development of the City to be necessary for consideration of the reclamation plan.

(Ord. 0-27-92 § 1 (part), 1992)

Surface mining operations Shall comply with the Following standards:

A.

Surface mining operations Shall be consistent with the goals and policies of the City's General Plan.

B.

Surface mining operations Shall comply with the requirements of SMARA and the California Code of Regulations, Title 14, Division 6, Chapter 8, Subchapter 1, Section 3500 et seq., and all other applicable standards and procedures as required by Law.

C.

Surface mining operations Shall comply with any conditions deemed necessary or convenient by the City Council to effect the purposes of this chapter, including conditions with respect to the Following:

1.

The environmental objectives set forth in Section 21000 et seq. of the California Public Resources Code;

2.

Protection of the health, safety and welfare of Persons residing near the site of the mining operation and the general public;

3.

Reasonable preservation of the values and Uses and opportunity for potential Uses of the adjacent and nearby areas insofar as this is not inconsistent with the provisions of SMARA, state policy, this chapter, or any implementing standards or procedures adopted by the City Council.

(Ord. 0-27-92 § 1 (part), 1992)

18.37.070 - Review procedure.

A.

The City Council Shall hear and consider at a Public Hearing:

1.

Applications for Permits to conduct surface mining operations;

2.

Reclamation plans for surface mining operations;

3.

Amendments to Approved reclamation plans involving substantial deviations therefrom;

Amendments of any other term or condition of a Permit to conduct surface mining operations including the reclamation plan;

5.

Proceedings for revocation of Permits; and

6.

The Establishment and fixing of Fees necessary under this chapter.

B.

Following the filing in proper form of any Application for a Permit, reclamation plan, or proposed amendment thereto, and the payment of the prescribed Fee, the Director of Planning and Community Development of the City Shall fix a time and date not less than thirty Days thereafter, or such later date as May be agreed upon for a Public Hearing thereon.

C.

Not less than ten Days before the date of such Public Hearing, Notice of the date, time, place of hearing and location of the Property, and the nature of the request Shall be given in the Following manner:

1.

By publishing once in a newspaper of general circulation in the City;

2.

By mailing a Notice, postage prepaid, to the Applicant, to each member of the City Council, and to the Owners of all Property within three hundred feet of the exterior boundaries of the Property involved, using for this purpose the name and address of such Owners as shown upon the latest County Assessment Roll.

D.

At the Public Hearing the Applicant or Permittee and any other interested Person Shall be entitled to be heard and present evidence. Any continued hearing May be convened at any Public Place as May appear convenient to the hearing body and those who May wish to attend or be heard. The City Council Shall follow its customary rules of procedure, except as May otherwise be required by the provisions of SMARA or the California Code of Regulations.

E.

After such Matter has been heard and considered, the City Council Shall:

1.

Approve subject to conditions or disapprove any Application for any Permit which it has considered;

2.

Approve subject to conditions or disapprove any reclamation plan which it has considered;

3.

Approve subject to conditions, or disapprove any proposed amendment to an Approved reclamation plan, or any proposed amendment of other terms and conditions of a Permit or reclamation plan;

4.

Fix the amount of the performance bond to guarantee reclamation in accordance with the reclamation plan if found necessary under Section 18.37.070;

5.

Make such other orders as May be appropriate to the disposition of the Matters considered by the City or City staff.

F.

In making a Decision on a reclamation plan, conditions of a reclamation plan or conditions of a Permit, there May be imposed, in addition to the requirements and conditions provided in SMARA, any and all requirements or conditions as May appear necessary to foster or protect:

1.

The environmental objectives set forth in Section 21000 et seq. of the California Public Resources Code;

2.

The health, safety and welfare of Persons residing near the site of the mining operation and the general public;

3.

Reasonable preservation of values and Uses and opportunity for potential Uses of the adjacent and nearby areas insofar as consistent with the provisions of SMARA and the California Code of Regulations.

G.

Any Decision required to be made under this chapter and any necessary finding Shall be made within thirty Days after completion of the hearing, or within such longer period agreed upon by the Applicant, or in the case of an Appeal under Section 18.37.170, by the appellant. A Copy of the Decision and any findings Shall be mailed to the Applicant's Permittee, or appellant at his or her address as shown in his or her Applications Permit or Notice of Appeal. Notice of such Decision and any findings Shall be deemed given to a Person when a Copy thereof has been placed in the United States mail, first-class postage prepaid, addressed according to Section 18.37.020(C)(2) of this chapter.

H.

Pursuant to SMARA Section 2774(c), a reclamation plan, or an amendment to an Approved reclamation plan, Must be forwarded to the state geologist for review forty-five Days prior to Approval.

(Ord. 0-27-92 § 1 (part), 1992)

A.

Except as provided in Section 2770(i) of the California Public Resources Code, if the City or State Geologist determines, based upon an annual inspection pursuant to Section 2774 of the California Public Resources Code or otherwise confirmed by an inspection of the mining operation, that a surface mining operation is not in compliance with this chapter, the City or the State Geologist May notify the Operator of that Violation by personal service or certified mail. If the Violation extends beyond thirty Days after the date of the City's or the State Geologist's notification, the City or the State Geologist May issue an order by personal service or certified mail requiring the Operator to comply with this chapter or, if the Operator does not have an Approved reclamation plan, cease all further mining activities.

B.

An order issued under subsection A of this section Shall not take effect until the Operator has been provided a hearing before the City Council for orders issued by the City, or State Mining and Geology Board for orders issued by the state geologist, concerning the alleged Violation. Any order issued under subsection A of this section Shall specify which aspects of the surface mine's activities or operations are inconsistent with this chapter, or other applicable Law, and Shall specify a time for compliance which the City or state geologist determines is reasonable, taking into account the seriousness of the Violation and any good-faith efforts to comply with applicable requirements, and Shall set a date for the hearing, which Shall not be sooner than thirty Days after the date of the order.

C.

Any Operator who violates or fails to comply with an order issued under subsection A of this section after the order's effective date, as provided in subsection B of this section, or who fails to submit a report to the State Geologist or City as required by Section 2207 of the California Public Resources Code, Shall be subject to an order by the City or the State Geologist imposing an administrative penalty of not more than five thousand dollars per Day, assessed from the original date of noncompliance with this chapter or

date, as provided in subsection B of this section, or who fails to submit a report to the State Geologist or City as required by Section 2207 of the California Public Resources Code, Shall be subject to an order by the City or the State Geologist imposing an administrative penalty of not more than five thousand dollars per Day, assessed from the original date of noncompliance with this chapter or

Section 2207 of the California Public Resources Code. The penalty May be imposed administratively by the City or by the State Geologist. In determining the amount of the administrative penalty, the City or the State Geologist Shall take into consideration the nature, circumstances, extent and gravity of the Violation or Violations, any prior history of Violations, the degree of culpability, economic savings, if any, resulting from the Violation, and any other Matters justice May require. Orders setting administrative penalties Shall become effective upon issuance thereof and payment Shall be made to the lead agency or the state geologist within thirty Days, unless the Operator petitions the City Council, State Mining and Geology Board, or the superior Court for review as provided in California Public Resources Code Section 2774.2 to cover the reasonable costs incurred by the state geologist in implementing California Public Resources Code Section 2710 et seq. or Section 2207 of the California Public Resources Code. Any order Shall be served by personal service or by certified mail upon the Operator. Penalties collected by the state geologist

Shall be Used for no purpose other than to cover the reasonable costs incurred by the state geologist in implementing this chapter or Section 2207 of the California Public Resources Code.

(Ord. 0-27-92 § 1 (part), 1992)

18.37.090 - Failure to comply with Notice to correct—Permit review of Notice to correct.

A.

Within thirty Days of the issuance of an order setting administrative penalties under Subdivision (c) of Section 2774.1 of the California Public Resources Code, the Operator May petition the City Council, if the City has issued the order, or the appropriate State Officials for orders issued by the State Geologist, for review of the order. If the Operator does not petition for review within the time limits set forth by this subsection, the order setting administrative penalties Shall not be subject to review by any Court or agency.

B.

The City Council or State Mining and Geology Board Shall notify the Operator by personal service or certified mail whether it will review the order setting administrative penalties. In reviewing an order pursuant to this section, the record Shall consist of the record before the City or the State Geologist, and any other relevant evidence which, in the judgment of the City Council or State Mining and Geology Board, should be considered to effectuate and implement the policies of this chapter.

C.

The City Council or State Mining and Geology Board May affirm, modify or set aside, in whole or in Part, by its own order, any order of the lead agency or the state geologist setting administrative penalties pursuant to this section.

D.

Any order of the City Council or State Mining and Geology Board issued under subsection C of this section Shall become effective upon issuance thereof, unless the Operator petitions the superior Court for review as provided in subsection E of this section. Any order Shall be served by personal service or by certified mail upon the Operator. Payment of any administrative penalty which is specified in an order issued under subsection C of this section Shall be made to the City or the State Geologist within thirty Days of service of the order; however, the payment Shall be held in an interest-bearing impound account pending the Resolution of a petition for review filed pursuant to subsection E of this section.

E.

Any Operator aggrieved by an order of the City Council or State Mining and Geology Board issued under subsection C of this section May obtain review of the order by filing dicks in the superior Court a petition for writ of mandate within thirty Days Following the issuance of the order. Any Operator aggrieved by an order of a City or State Geologist setting administrative penalties under Subdivision (c) of Public Resources Code, Section 2774.1, for which the City Council or State Mining and Geology Board denies review, May obtain review of the order in the Superior Court by filing in the Court a petition for writ of mandate within thirty Days Following the denial of review. The provisions of Section 1094.5 of the California Code of Civil

Procedure Shall govern judicial proceedings pursuant to this subsection, except that in every case the Court Shall exercise its independent judgment. If the Operator does not petition for writ of mandate within the time limits set by this subsection, an order of the State Mining and Geology Board or the City Council Shall not be subject to review by any Court or agency.

(Ord. 0-27-92 § 1 (part), 1992)

18.37.100 - Permit review after Notice to correct—Alternative actions by Council.

In addition to the actions of the City Council prescribed by Section 18.37.090, after such Matter has been heard and considered, the City Council May take any of the Following actions:

A.

Revoke the Permit;

B.

Require the reclamation program to begin immediately or within a prescribed time Following the effective date of revocation of the Permit;

C.

Allow additional time within which to cure the Violation, if requested by the Permittee and agreed upon by the City;

D.

Such other order or orders as May be appropriate to correct the Violation or Default.

(Ord. 0-27-92 § 1 (part), 1992)

18.37.110 - Financial assurances to ensure reclamation.

A.

Financial assurances Must be reviewed by the state geologist at least forty-five Days prior to receiving City Council Approval. The City Council Shall require financial assurances of each surface mining operation within the City limits to ensure compliance with reclamation plans, as follows:

1.

Financial assurances May take the form of surety bonds, irrevocable letters of credit, trust funds, or other forms of financial assurances specified by the State Mining and Geology Board which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's Approved reclamation plan.

2.

The financial assurances Shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.

3.

The amount of financial assurances required of a surface mining operation for any one Year Shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the Approved reclamation plan.

4.

The financial assurances Shall be made payable to the City and the State Geologist. However, if a surface mining operation has received Approval of its financial assurances from a public agency other than the City Council, the City Shall deem those financial assurances adequate for purposes of this section, or Shall credit them toward fulfillment of the financial assurances required by this section, if they are made payable to the public agency, the City Council, and the state geologist and otherwise meet the requirements of this section. In any event, if the City Council and one or more public agencies exercise jurisdiction over a surface mining operation, the total amount of financial assurances required by the City Council and the public agencies for any one Year Shall not exceed that amount which is necessary to perform reclamation of lands remaining disturbed. For purposes of this paragraph, a "Public Agency" May include a Federal agency.

B.

If the City Council or the State Mining and Geology Board, Following a Public Hearing, determines that the Operator is financially incapable of performing reclamation in accordance with its Approved reclamation plan, or has Abandoned its surface mining operation without commencing reclamation, either the City or the state geologist Shall do all of the Following:

1.

Notify the Operator by personal service or certified mail that the City or the state geologist intends to take appropriate action to forfeit the financial assurances and specify the reasons for so doing.

2.

Allow the Operator sixty Days to commence or cause the commencement of reclamation in accordance with its approve reclamation plan and require that reclamation be completed within the time limits specified in the Approved reclamation plan or some other time period mutually agreed upon by the lead agency or the state geologist and the Operator.

3.

Proceed to take appropriate action to require forfeiture of the financial assurances if the Operator does not substantially comply with Section 18.37.120(B)(2) of this chapter.

4.

Use the proceeds from the forfeited financial assurances to conduct and complete reclamation in accordance with the Approved reclamation plan. In no event Shall the financial assurances be Used for any other purpose. The Operator Shall be responsible for the costs of conducting and completing reclamation,

in accordance with the Approved reclamation plan, in excess of the proceeds from the forfeited financial assurances.

C.

Financial assurances Shall no longer be required of a surface mining operation, and Shall be released, upon Written notification by the City, which Shall be forwarded to the Operator and the state geologist, that reclamation has been completed in accordance with the Approved reclamation plan.

D.

The City Council Shall have primary responsibility to seek forfeiture of financial assurances and to reclaim mine sites under subsection B of this section. However, in cases where the State Mining and Geology Board is not the lead agency pursuant to Section 2774.4 of the Public Resources Code, the state geologist May act to seek forfeiture of financial assurances and reclaim mine sites pursuant to subsection B of this section only if both of the Following occur:

1.

The financial incapability of the Operator or the abandonment of the mining operation has come to the attention of the state geologist.

2.

The City Council has been notified in writing by the state geologist of the financial incapability of the Operator or the abandonment of the mining operation for at least fifteen Days and has not taken appropriate measures to seek forfeiture of the financial assurances and reclaim the mine site; and one of the Following has occurred:

a.

The City Council has been notified in writing by the state geologist that failure to take appropriate measures to seek forfeiture of the financial assurances or to reclaim the mine site Shall result in actions being taken against the lead agency under Section 2774.4 of the California Public Resources Code.

b.

The state geologist determines that there is a Violation which amounts to an imminent and substantial endangerment to the public health, safety, or to the environment.

c.

The City Council notifies the state geologist in writing that its good-faith attempt to seek forfeiture of the financial assurances has not been successful.

(Ord. 0-27-92 § 1 (part), 1992)

A.

Idle Mines are defined as referenced in California Public Resources Code Section 2727.1.

B.

The Following requirements pertain to the maintenance of Idle Mines:

1.

Operator Shall submit and obtain Approval from the City Council of an interim management plan pursuant to California Public Resources Code Section 2770(h).

2.

Operator Shall comply with the financial assurance requirements of California Public Resources Code Section 2770.

3.

Operator Shall comply with annual reporting requirements pursuant to California Public Resources Code Section 2207.

4.

Operator Shall be subject to City inspections pursuant to California Public Resources Code Section 2774.

(Ord. 0-27-92 § 1 (part), 1992)

A.

As a condition of continuing Approval for the Permit or the reclamation plan, or both, a schedule for periodic inspections of the site Shall be established to evaluate continuing compliance with the Permit and the reclamation plan. These inspections, at a minimum, Must be annual, and the inspection findings Shall be documented. Pursuant to Section 2774(b) of the California Public Resources Code, annual inspections for all surface mining operations Shall be conducted by the City within six Months of receipt of a Copy of the surface mining Operators annual report, filed pursuant to Section 2207 of the California Public Resources Code.

B.

As a further condition for Approval for the Permit or the reclamation plan, or both, a schedule for annual reports of the operation and the site completed by the Applicant or a Representative Shall be established and submitted to both the Department of Planning and Community Development of the City and the State Geologist.

C.

A reporting Fee May be required as established herein by Sections 18.37.040 and 18.37.070.

D.

All inspections Shall be conducted utilizing forms Approved by the State Mining and Geology Board.

E.

The mine Operator Shall be solely responsible for the reasonable cost of inspection undertaken at said surface mining operation so inspected.

(Ord. 0-27-92 § 1 (part), 1992)

Variances from an Approved reclamation plan May be allowed upon request of the Operator or Applicant, upon a finding by the City Council that the requested Variance is necessary to achieve the prescribed or higher post-mining Use of the reclaimed land.

(Ord. 0-27-92 § 1 (part), 1992)

18.37.150 - Minor modifications to Approved plans.

A.

The Director of Planning and Community Development or his or her Designee Shall be authorized to consider proposed Minor amendments to Approved reclamation plans and Shall either approve, approve subject to conditions, or disapprove such requests.

B.

In the event the Director of Planning and Community Development or his or her Designee concludes that a proposed amendment constitutes a substantial deviation from the original plan, such amendment Shall thereafter be considered by the City Council.

C.

Any Decision of the Director of Planning and Community Development or his or her Designee May be subject to Appeal to the City Council.

(Ord. 0-27-92 § 1 (part), 1992)

A.

The provisions of this chapter Shall be enforced by any authorized member of the City or such other Persons as May be Designated by the City Council.

B.

The City Council May assess fines as necessary, on mining operations in Violation of this chapter and/or SMARA. In accordance with Section 2774.1 of the California Public Resources Code, fines May be imposed on a single mining operation in amounts not to exceed five thousand dollars per Day for Violations thereof.

(Ord. 0-27-92 § 1 (part), 1992)

A.

Any Person aggrieved by an Act or determination of the City staff in the exercise of the authority granted in this chapter Shall have the right to Appeal to the City Council.

B.

Any Person seeking to Appeal any Decision or finding made pursuant to this chapter Shall file a Notice of Appeal in writing with the Department of Planning and Community Development and pay any Fee required for filing a Notice of Appeal within ten calendar Days after Notice of the Decision has been given as required in Section 18.37.070.

C.

The Decision Shall be deemed final if no Notice of Appeal is filed within the period set forth in subsection B of this section.

D.

The City Council Shall hear and consider Appeals from Decisions of the Department of Planning and Community Development.

E.

In case of an Appeal to the City Council, the time, date and place for a Public Hearing thereon Shall be fixed on a date not less than thirty Days after filing of the Notice of Appeal and Notice of such Public Hearing Shall be given in the manner provided in Section 18.37.070(C) of this chapter.

F.

Hearings on Appeals Shall be conducted, as nearly as possible in accordance with the provisions of Section 18.37.070(D).

G.

The City Council Shall during a Public Hearing receive and hear evidence presented by the appellant, the Applicant or Permittee, or any other interested Person(s).

H.

In modifying a Decision from which an Appeal has been taken, the City Council hearing such Appeal May delete or modify any condition imposed by the Decision from which the Appeal has been taken, and May impose new or additional conditions which it May deem germane to the Matters considered in such Appeal or Decision and/or finding thereon.

I.

Decisions on Appeals Shall be made and Notice of such Decisions Shall be given in accordance with Section 18.37.070(G).

(Ord. 0-27-92 § 1 (part), 1992)

A.

If the Permittee fails to perform or conform to any requirement imposed by any order made pursuant to Sections 18.37.080 through 18.37.130 of this chapter within the time fixed in such order, or if no time is fixed in such order, then within a reasonable time, the City Council, pursuant to Section 18.37.180, Shall be authorized to order and otherwise undertake the planning and conduct all or any Part of the work necessary to accomplish the reclamation plan, to perform any conditions in Default, or to otherwise cure any Default.

B.

The officers, Employees and agents of the City, and any contractor hired by the City, and his Employees, subcontractors and agents, and any engineers, surveyors, or other experts retained by the City, May go on the site of the mining operation and any adjacent Property of the Permittee for the purposes of planning or performing all or any Part of the work mentioned in subsection A of this section, employing the Use of any and all equipment and machines necessary for performing such work.

C.

Insofar as it is practical to do so, the City Shall Following the previously Approved reclamation plan or conditions in the conduct of such work.

D.

The City Council is authorized to order retention and deposit into the City's General Fund a portion of the proceeds from the security for its costs and reasonable expenses and Fees, including reasonable Attorneys' Fees, incurred in successfully enforcing the obligation of the security, and for its reasonable expenses incurred in any inspections, Notices or hearings pursuant to Sections 18.37.080 through 18.37.130 of this chapter, and for any expenses incurred in the planning, Surveying, testing and administration in preparation for the letting of any contracts, administration and enforcement of contracts, and otherwise performing any of the work as Designated in this section.

E.

The City Council May enter into an agreement with the Permittee, or any successor in interest of the Permittee, under which he/she May agree to do the work needed to accomplish the reclamation plan or a specified portion thereof, or to perform any or all of the conditions in Default or such other work needed to cure any Default, in consideration of payment from the remaining proceeds of the security of an amount commensurate with the work completed.

F.

The City Council May enter into an agreement with any public agency or public entity under which such agency or entity May agree to do the work needed to accomplish the reclamation plan or a specified portion thereof, or to perform all or any of the conditions in Default or such other work needed to cure any Default, in consideration of transfer or payment to such agency or entity of all or any Part of the remaining proceeds from the security.

G.

If the City Council determines that the work has been completed for the accomplishment of the reclamation plan, or for the performance of conditions in Default or as otherwise needed to cure any Default, or if the City Council determines that there is no reasonable prospect that such work can be accomplished by any means mentioned in this section, or if the City Council determines that by reason of changed circumstances no public purpose would be served by completion of such work, the City Council Shall order any portion of the proceeds from such security not retained by the City under subsection D of this section or not expended under the provisions of this chapter, to be refunded to the Permittee or his surety.

(Ord. 0-27-92 § 1 (part), 1992)

The City Council May enter into an agreement with any public agency or public entity for the provision of inspection, review and enforcement services as described in this chapter.

(Ord. 0-27-92 § 1 (part), 1992)

Any reference in this chapter to the Permittee or Applicant Shall also be deemed to include any successor in interest or assignee of the Permittee or Applicant.

(Ord. 0-27-92 § 1 (part), 1992)

The remedies available to the City or to any Representative of the City for noncompliance with a Default in the performance of any reclamation plan, or of any condition of any Permit or reclamation plan under this chapter, Shall not be deemed as a limitation on any other available remedy at Law or in equity which the City or any Representative of the City May otherwise have.

(Ord. 0-27-92 § 1 (part), 1992)

Chapter 18.38 - FENCES, HEDGES AND WALLS

All Fences and Walls in the City, whether constructed or of natural growth Shall be composed of the Following Materials:

A.

Masonry Walls or similar type Material;

B.

Evergreen shrubs closely spaced and maintained;

C.

Ornamental iron, or similar type Material;

D.

Wooden fencing, if of adequate aesthetic and structural quality and durability;

E.

Other Materials Approved by the Committee, after giving consideration to appearance, structural quality and durability.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

18.38.020 - General provisions.

A.

The height of any Screening Shall be measured at Sidewalk Grade for Street-abutting Property lines, and at the highest Elevation of adjacent finished Grade for interior Property lines.

B.

Nothing in this section Shall be deemed to set aside or reduce the requirements established for security fencing by Local, state or Federal Law.

C.

No Fence Shall be Permitted in the public Right-of-Way.

D.

No Wall or Fence Shall be Permitted where said Wall or Fence will impede the City Electric Department meter reader to physically reach the meter and be able to read from a straight forward position within six inches from the meter face.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

The height of fences, hedges and walls within the side and rear setback areas in all residential zones shall not exceed six feet. The height within the front setback areas shall not exceed five feet for an ornamental iron fence, hedge or any fence with openings, and three feet for a masonry wall or any fence without openings. No fence, hedge, wall or visual obstruction shall be permitted within a corner cutoff area.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-12-18, § 32, 12-18-2018)

18.38.040 - Height and location—Nonresidential Zones.

A.

The height of Fences, Hedges and Walls shall not exceed eight feet in the I-P, M-1, and M-2 zones, and six feet on all other nonresidential zones.

B.

Parking areas shall be provided with screening from other properties and public right-of-ways with a solid fence, hedge, berm, or wall with a height no less than three feet.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-12-18, § 33, 12-18-2018)

18.38.050 - Chain link Fence review.

As provided in Section 18.38.010 E., the placement of chain link fencing in all residential and Nonresidential Zones within the City may be Approved by the Director, after giving consideration to appearance, structural quality and durability.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-03-14, § 5, 3-4-2014; Ord. No. O-12-18, § 34, 12-18-2018)

18.38.060 - Pool Fences.

A.

A Fence or Wall or other solid Structure so designed as not to present a ladder effect, not less than five feet in height Shall be maintained on the Lot or Premises upon which is situated a Swimming Pool, portable or aboveground-type pool or other open area of water including reservoirs, stumps and irrigation ditches where the water level is higher than eighteen inches.

B.

Such Fence or Structure Shall completely surround such pool or area and all Gates or doors opening through such Enclosures Shall be equipped with self-closing and self-latching devices designed to keep such opening securely closed at all times when not in actual Use.

C.

A wrought iron Fence with a minimum Bar thickness of five-eighths of an inch Shall be required for all public or semipublic pools.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

No Fence shall be charged in any way with electricity or contain in whole or part barbed wire or sharp prongs or edges except as provided herein.

A.

Electric Fences.

1.

Permit Required. No electric fence shall be installed or used unless a Fence Permit has been applied for and obtained from the Development Services Department.

2.

Type of Electric Fences Allowed. The construction and use of Electric fences shall be allowed in the City only as provided in this section and subject to the following standards:

a.

Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in the International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

b.

Electrification:

(1)

The energizer for electric fences must be driven by a commercial storage battery not to exceed twelve volts DC.

(2)

The electric charge produced by the fence contact shall not exceed characteristics set forth in paragraph 22.108 of IEC Standard No. 60335-2-76.

3.

Conditions for Installation.

a.

Perimeter Fence or Wall: No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet high with a distance of 3 to 12 inches between the fences/walls for safety access.

b.

Location:

(1)

Electric fences shall be permitted in the M-1 (Light Industrial) and M-2 (Heavy Industrial) Zones of the Colton Zoning Code with administrative approval of a Fence Permit and only at locations approved by the Development Services Department.

(2)

Electric Fences may be permitted in the I-P (Industrial Park) Zone with Conditional Use Permit approval of a Fence Permit and only at locations approved by the Development Services Department for the following uses as listed in Section 18.06.060, Table G:

•

Assembly Uses

•

Automobile Rental and Repair

•

Automobile Servicing

Communication Services

Construction Sales/Service

Manufacturing Custom and Light

•

Repair Services

Retail Sales—Outdoor

Transportation Facilities—Public

Truck Rental

•

Utility Distribution Facilities

•

Warehousing

(3)

Electric fences may be permitted in the C-2 (General Commercial) Zone with approval of a Conditional Use Permit, for the following uses:

•

Automobile Repair*

•

Automobile Storage and Parking*

•

Construction Sales/Services

•

Recycling Facilities—Large Collection

•

Retail Sales—Outdoors

•

Truck Rental*

•

Utility Operations Facilities

Not permitted in C-2—Downtown Overlay Zone

(4)

Electric fences shall not be permitted within fifty feet of a property with a residential zone or use, a school site, or a park site.

c.

Height: Electric fences shall be limited to a height of ten feet.

d.

Warning Signs: Electric Fences shall be clearly identified with warning signs prepared in English and Spanish that read: "Warning-Electric Fence" at intervals of not less than thirty feet.

e.

"Knox Box": A "Knox Box Electrical Shunt Switch" and a "Knox Box" or other similar approved device shall be installed for emergency access of Police and Fire Departments.

4.

Indemnification. All applicants issued permits to install or use an electric fence as provided in this Chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Colton and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence.

5.

Emergency Access. In the event that access by the City of Colton Fire Department and/or Police Department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this Chapter is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, the fire or police personnel shall be authorized to disable the electric fence in order to gain access to the property.

B.

Barbed wire Fences or Fences with sharp prongs May be placed on grazing land or along section lines.

C.

Barbed wire or sharp prongs May be placed atop a Fence which protects a storage or public Utility Yard.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-09-17, § 4, 11-21-2017; Ord. No. O-10-20, § 4, 9-15-2020; Ord. No. O-09-21, § 4, 9-7-2021)

Retaining Walls with a height not exceeding three feet when located within a front yard and eight feet elsewhere may be permitted through review and approval by the Planning Division and proper Permit processing. The review may create conditions as to the location, Materials, design and color of said Walls. The design of proposed retaining Walls with a height exceeding eight feet Shall be made to create a ladder effect of two off-set retaining Walls, with a width not less than one foot between the two Walls, designed for the planting of shrubs and/or vines.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-12-18, § 35, 12-18-2018)

All Fences Shall be kept in a state of repair so as not to be Hazardous or dangerous and those Used to protect the general public Shall be maintained so as to be sufficient and adequate for that purpose. All Fences Shall be neatly maintained so as not to be unsightly.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

A.

The Community Development Department is specifically charged with the enforcement of the provisions of this chapter.

B.

Any Person erecting or constructing any Wall or Fence within the City Shall obtain a Fence Permit and, where applicable, a Building Permit from the Department prior to said construction or erection.

C.

All concrete Block Walls over four feet high Shall be built per City Standards or of Approved design to be Approved and submitted by a California State-Registered Engineer or Architect.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-12-18, § 36, 12-18-2018)

18.38.110 - Violation—Penalty.

Any Person violating any provisions of this chapter Shall be guilty of a misdemeanor and upon conviction thereof Shall be punishable by a fine of not more than one thousand dollars or by imprisonment for a period of not longer than six Months or by both such fine and imprisonment.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Chapter 18.39 - TELECOMMUNICATION AND ANTENNA TOWERS

Unless otherwise indicated in this chapter, the Following definitions Shall apply for all purposes.

"Co-Located" means locating wireless communications Antennas and related equipment from more than one provider on a single site or Structure.

"Communication Antenna" means an Antenna, including Antennas in whip, dish or panel type Structures, which are designed to transmit or receive communications as authorized by the Federal Communications Commission, including but not limited to radiation or capture of electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunicators signals or other communication signals which transmit or receive radio signals.

"Communication Equipment" means any Communication Antenna or related equipment designed to transmit or receive communications as authorized by the Federal Communications Commission.

"Communication Tower" means a tower thirty-five feet in height or greater (including Antenna) which supports communication (transmission or receiving) equipment. The term Communication Tower Shall not include amateur radio Operator's equipment, as licensed by the Federal Communications Commission (FCC).

"Monopole" means a Structure composed of a single spire Used to support communications equipment.

"Stealth" means to camouflage the design of Communication Tower or Antenna so that it looks like a Structure or feature that blends with the surrounding environment.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

The regulations and requirements set forth herein are adopted for the Following purposes:

A.

To provide for the location of Communication Towers and Communication Antennas in the City;

B.

To protect residential areas and land Uses from potential adverse impacts of Communication Towers and Antennas;

C.

To minimize adverse visual impacts of Communication Towers and Antennas through careful design, siting, landscape Screening and innovative camouflaging techniques;

D.

To accommodate the growing need for Communication Towers and Antennas;

E.

To promote and encourage shared Use/collocation of existing and new Communication Towers as a primary option, rather than construction of additional single-use towers;

F.

To protect the public health, safety and welfare; and

G.

To avoid potential damage to adjacent Properties from tower failure through engineering and careful siting of tower Structures.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

A.

All new Communication Towers and Communication Antennas in the City Shall be subject to these regulations, as well as all other applicable Federal, state and Local Laws, rules and regulations. For purposes of measurement, Communication Tower Setbacks and separation distances, as delineated in subsections C, D and E of Section 18.39.050, Shall be calculated and applied irrespective of municipal and County jurisdictional boundaries.

B.

All Communication Towers existing on April 30, 1998 Shall be considered Permitted Uses and allowed to continue their usage as they presently exist; provided, however, that anything other than routine maintenance Shall comply with the requirements of Section 18.39.050, other than subsections C, D and E of that section. As Used in this subsection, routine maintenance Shall include, without limitation, structural modifications such as making provisions for additional Antennas or additional providers, as well as New Construction on an existing Communication Tower.

C.

All governmental towers with public safety systems or equipment Shall be exempt from the requirements of this chapter.

D.

Modifications to all existing communication towers shall be exempt from the requirements of this chapter provided such modifications comply with the following:

1.

The height of the existing communication tower shall not be increased.

2.

Replacement of existing antennas or addition of new antennas shall not result in an increase of more than four (4) antennas from the existing number of antennas on the communication tower.

3.

The lease/ground equipment enclosure area shall not be increased.

All replacement and new antennas and new miscellaneous equipment shall be consistent with the size of existing antennas and design of the existing communication tower.

5.

All modifications to existing communication towers shall be required to meet all applicable Building Codes and shall be required to obtain a building permit.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

(Ord. No. O-12-18, § 37, 12-18-2018)

18.39.040 - Permitted Communication Towers and Communication Antennas in zoning Districts of City.

A.

New Communication Towers and Communication Antennas May locate on existing Utility Structures, including existing Communication Towers, Utility poles, Utility Structures and water tanks, that are at least twenty-five feet in height. When located on such Utility Structures, Communication Towers and Communication Antennas Shall:

1.

Be integrated into the existing Structure; and

2.

Not exceed fifty percent of the total height of the Structure, however Communication Towers/Antennas placed on Utility poles Shall not exceed the height of the Utility pole.

B.

Communication Towers and Communication Antennas processed under Subsection A. Shall be reviewed and Approved by the Director using the architectural and Site Plan review provisions of Section 18.58.030.

C.

New freestanding Communication Towers and Communication Antennas Shall also be allowed in the M-1 (light industrial) and M-2 (heavy industrial) zoning Districts. Such freestanding Communication Towers and Communication Antennas will not be allowed unless the Applicant demonstrates that:

1.

Existing towers and Buildings do not afford the Applicant the technological ability to provide service to the service area of the Applicant or service provider; and

2.

It is not technologically possible to bifurcate the geographical boundaries of the proposed service area in order to avoid the necessity for a freestanding Communication Tower or Communication Antenna.

D.

New freestanding Communication Towers and Communication Antennas processed under subsection C Shall be reviewed and Approved by the Planning Commission using the architectural and Site Plan review provisions of Section 18.58.030.

E.

New freestanding Communication Towers and Communication Antennas May be allowed in other nonresidential zoning Districts in the City provided such Communication Towers and Communication Antennas comply with the Following:

1.

The Communication Tower or Communication Antenna is Stealthed or camouflaged to look like a Structure or feature that blends with the surrounding area.

2.

The Communication Tower or Communication Antenna is located at least five hundred feet from residentially zoned Property.

3.

The Applicant demonstrates that:

a.

Existing towers and Buildings do not afford the Applicant the technological ability to provide service to the service area of the Applicant or service provider; and

b.

It is not technologically possible to bifurcate the geographical boundaries of the proposed service area in order to avoid the necessity for a freestanding Communication Tower or Communication Antenna.

F.

Communication Towers and Communication Antennas processed under subsection B Shall be reviewed and Approved by the Planning Commission using the architectural and Site Plan review provisions of Section 18.58.030.

G.

New freestanding Communication Towers and Communication Antennas located within five hundred feet of residentially zoned Property and in residentially zoned Property May be allowed provided such Communication Towers and Communication Antennas comply with the Following:

1.

The Communication Tower or Communication Antenna is Stealthed or camouflaged to look like a Structure or feature that blends with the surrounding area and the Lot upon which the Communication Tower or Antenna is located contains a minimum of twenty thousand square feet of land area.

2.

The Communication Tower or Communication Antenna does not exceed a total height of thirty-five feet.

3.

The Communication Tower or Communication Antenna is not located in a required front, side or Street side Setback area.

4.

The Applicant demonstrates that:

a.

Existing towers and Buildings do not afford the Applicant the technological ability to provide service to the service area of the Applicant or service provider; and

b.

It is not technologically possible to bifurcate the geographical boundaries of the proposed service area in order to avoid the necessity for a freestanding Communication Tower or Communication Antenna.

H.

Communication Towers and Communication Antennas processed under subsection G Shall be reviewed and Approved by the Planning Commission using the Conditional Use Permit provisions of Section 18.58.060.

I.

New freestanding Communication Towers and Communication Antennas May be located on Public Property including City, School District, community college and other Public Property that is zoned for residential Uses provided such Communication Towers and Communication Antennas do not exceed an overall height of eighty-five feet and are Approved by the Planning Commission using the architectural and Site Plan review provisions of Section 18.58.030. When located within three hundred feet of residentially zoned and Used Property, such freestanding Communication Towers and Communication Antennas Shall be Stealth and be Approved by the Planning Commission using the Conditional Use Permit provisions of Section 18.58.060.

(Ord. 0-15-07 § 14, 2007: Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

(Ord. No. § 6, 3-4-2014)

18.39.050 - Performance and construction standards for Communication Towers and Communication Antennas.

A.

Wind Loads. All Communication Towers and Communication Antennas Shall, at a minimum, be designed and constructed so as to withstand a wind speed of seventy mph for those towers and Antennas with heights of fifteen feet or less or one hundred mph for those towers and Antennas with heights in excess of fifteen feet. Existing Communication Towers and Communication Antennas Shall be modified to meet these requirements prior to the issuance of any Permit or other authorization to modify them, including, without limitation, any request to modify the height or include additional Antennas or providers.

B.

Seismic Design Requirements. Communication Towers and Communication Antennas Shall, at a minimum, be designed to comply with requirements for seismic Zone 4.

C.

Setbacks. Setbacks for Communication Towers and Communication Antennas Shall be measured from the base of the tower, Antenna or protruding Building Structure at the base of the tower, whichever is closest to the Property line, to the Property line of the Parcel on which it is located. For purposes of measuring Setbacks from residentially zoned Property, distances Shall be measured from the base of the tower, Antenna or protruding Building Structure at the base of the tower, whichever is closest to the Property line, to the Property line of the closest residentially-zoned Property. Communication Towers, Communication Antennas and their Accessory Structures Shall comply with the minimum Setback requirements of the zoning District in which they are located or the Setback requirements established in this chapter, whichever is stricter.

D.

Separation of Communication Towers From Off-Site Uses.

1.

The separation distances for Communication Towers Shall be measured from the base of the tower to the closest point of the Off-Site Use Designated in this section.

E.

Separation Distances Between Communication Towers.

1.

Separation distances between Communication Towers Shall be applicable to and measured between the proposed tower and those Communication Towers that were not existing and/or had not received land Use and Building Permit Approval from the City prior to April 30, 1998.

2.

The separation distances Shall be measured by drawing or Following a straight line between the base of the existing Communication Tower and the base of the proposed Communication Tower as shown on a Site

Plan for the proposed tower.

3.

No tower Shall be located within three hundred feet of another tower.

F.

Fencing. A Wall or a wrought iron Fence covered on all sides with tennis screen Material and not less than eight feet in height from finished Grade Shall be provided around each Communication Tower, except those installed on rooftops or Utility Structures. Access to the Communication Tower Shall be through a locked Gate.

G.

Screening and Landscaping. Landscaping, Screening and buffering Shall be required around the perimeter of Communication Towers, Communication Antennas and their ancillary Structures to the satisfaction of the Planning Commission. Support Structures Shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with the surroundings. Further, the Use of existing vegetation Shall be preserved to the maximum extent practicable, and May be Used to meet the Landscaping requirements.

H.

Height.

1.

No freestanding Communication Tower or Communication Antenna Shall exceed eighty-five feet in height from ground level.

2.

Where installed on top of a Building, no Communication Tower or Communication Antenna Shall extend greater than forty percent over the Building Height.

3.

An existing Communication Tower May be modified to a taller height, not to exceed twenty feet over the tower's existing height, in order to accommodate the collocation of additional Communication Antenna(s). The height change referred to in this subsection May only occur one time per Communication Tower. The additional height referred to in this subsection Shall not require an additional distance separation, so the Communication Tower's pre-modification height Shall be Used to calculate required distance separations.

4.

The height of support Structures Must be the minimum necessary to provide the required coverage.

5.

Notwithstanding anything to the contrary in this section, no Communication Tower or Communication Antenna Shall exceed any other height restriction imposed by Federal, state or Local Laws, rules, regulations or Approvals, including those imposed by land Use plans or Approvals applicable to the area in which the tower or Antenna will be located.

I.

Type of Construction. Communication Towers Shall be Monopole construction; provided, however, that guyed construction May be Approved by the Planning Commission upon consideration of the Following factors:

1.

Compatibility with adjacent Properties;

2.

Architectural consistency with adjacent Properties; and

3.

Visual impact on adjacent Properties, including visual Access of adjacent Properties to sunlight.

J.

Development Criteria. Communication Towers and Communication Antennas Shall be constructed on Lots that comply with the minimum Development criteria of the zoning District in which they are located, including minimum Lot size and Open Space criteria.

K.

Illumination. Communication Towers and Communication Antennas Shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. In cases where there are residential Uses within a distance of three hundred feet from the height of the tower, Approval for dual lighting Shall be requested and received from the Federal Aviation Administration prior to construction.

L.

Collocation.

1.

Communication Towers between forty-five feet and sixty-five feet in height Shall be engineered and constructed to accommodate a minimum of one additional Communication Service provider.

2.

Communication Towers of forty-five feet or less in height Shall be engineered and constructed to accommodate a minimum of two additional Communication Service providers.

Proposed Communication Antennas are encouraged to be collocated onto existing Communication Towers.

4.

If it is determined that the proposed Communication Tower is situated in a location which will benefit the City's Telecommunication Systems, then the tower Shall be engineered and constructed to accommodate the additional telecommunication Equipment beneficial to the public system at a cost to the City no greater than the actual additional expense of the provider in so engineering and constructing the tower to meet the City's needs.

M.

Noninterference. No Communication Tower or Communication Antenna Shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety systems and/or public safety entities.

N.

Variances. Any request to deviate from any of the requirements of this section Shall require major Variance Approval.

O.

Documentation. Documentation to demonstrate conformance with the requirements of this section Shall be submitted by the Applicant with all requests to construct, locate or modify a Communication Tower or Communication Antenna.

P.

Signs and Advertising. The Use of any portion of a Communication Tower or Communication Antenna for Signs or other advertising purposes, including, without limitation, a company name, Banners or streamers is prohibited. However, nothing contained in this section Shall preclude the Use and design of a freestanding tower Stealthed to resemble a freestanding Sign.

Q.

Abandonment. In the event the Use of any Communication Tower has been discontinued for a period of one hundred eighty consecutive calendar Days, the tower Shall be deemed to have been Abandoned. Upon such abandonment, the Owner or Operator of the Communication Tower Shall have an additional one hundred eighty consecutive calendar Days within which to: (1) reactivate the Use of the tower or transfer the tower to another Owner or Operator who Shall make actual Use of the tower; or (2) dismantle and remove the tower. At the earlier of one hundred eighty-one consecutive calendar Days from the date of abandonment without reactivation or completion of dismantling and removal, any Variance Approval and other Approvals for the Communication Tower Shall automatically expire.

R.

No Creation of Nonconforming Situations. A proposed Communication Tower or Communication Antenna Shall not create any Nonconforming situations to the site, such as a reduction in parking, Landscaping or Loading Zones, or an elimination of Loading Zones.

S.

Undergrounding of Utilities. All utilities associated with a Communication Tower or Communication Antenna Shall be underground.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

In Addition to any other submittal requirements required by Law, Applications for Communication Towers or Communication Antennas Must contain the Following information:

A.

A master plan of all of the Applicant's existing and proposed Communication Tower and Communication Antenna sites within the City. The master plan Shall be reviewed and Approved by the Community Development Director in accordance with Written criteria established for such review by the Department.

B.

Verification that the proposed Communication Tower or Communication Antenna complies with the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE). Such verification May be made by providing a Copy of a valid Federal Communications Commission (FCC) license agreement for staff review.

C.

Verification of compliance with the Federal Aviation Administration (FAA).

D.

At the time of submittal of a Development plan or Application, information indicating the type of communication Facility, its height above ground level and its cell coverage.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

If any provisions of this chapter or the Application thereof to any Person or circumstances is held invalid, the invalidity Shall not affect other provisions or Applications of this chapter which can be given effect without the invalid provision or Application, and to this end the provisions of this chapter are declared severable.

(Ord. 0-18-05 § 1 (part), 2005: Ord. 0-20-98 § 1 (part), 1998)

Chapter 18.40 - BUFFERING REQUIREMENTS

The purpose of these regulations is to prescribe Screening requirements and other controls to ensure an orderly relationship between neighboring Uses, to enable diverse kinds of Uses to be located near one another compatibly and to improve the general appearance of the City.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

All open storage areas including Refuse collection areas and drying Yards Shall be screened from abutting Lots, abutting Streets and other ways, by dense Landscaping or by a lumber or masonry Fence not to exceed any height limits elsewhere specified in this title.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Wherever any Commercial or Industrial Zone abuts a Residential Zone, the abutting commercial or industrial Lot, if occupied, Shall be screened from the Residentially Zoned Lot, along the entire Lot Line, except where a Driveway or maneuvering aisle is shared in common, by dense Landscaping or by a lumber or masonry Fence of a height prescribed during design review.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

All artificial illumination of any Off-Street parking with three or more spaces, Off-Street loading, storage, Sales, display, service or processing areas which is readily visible from any residential facilities Shall be nonflashing and Shall be directed away so as to eliminate objectionable Glare.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Chapter 18.41 - HILLSIDE STANDARDS

The standards of this division are intended to:

A.

Preserve the City's scenic resources by encouraging retention and/or protection of the City's natural topographic features and vegetation such as hillside ridgelines, steep slopes, and other hillsides that have aesthetic value to the City of Colton and contribute to the community's sense of identity;

B.

Acknowledge that as the slope of a development site increases so does the potential for environmental degradation including slope failure, increased erosion, sedimentation and Stormwater run-off; and

C.

Encourage grading practices that are appropriate in hillside areas such as implementation of land form grading; and

D.

Encourage structures on hillside parcels to be designed with scale, massing, architectural design and detailing appropriate to maintain hillsides in a natural, open character ensuring that buildings and structures blend with the natural environment through their shape, materials, and colors.

(Ord. No. O-03-15, § 14, 3-3-2015)

The City's hillsides and ridgelines are a unique resource and pose additional design considerations. The Hillside Standards contained herein apply to all uses and structures within areas having a natural slope percentage of 15 percent or greater over an area being graded and requiring a grading permit. This includes all subdivisions, grading, or new development projects with slopes that are calculated at 15 percent or greater over the area being graded and require a grading permit unless otherwise exempted by this code.

If requested by City staff, proof of slope shall be submitted in order to show that the slope is less than 15 percent; the slope must be calculated by a licensed engineer, surveyor or architect in the State of California.

Existing Adopted Specific Plans with Hillside Standards shall apply in lieu of this section.

(Ord. No. O-11-20, § 8, 10-20-2020)

Development that is subject to this section Shall require a Pre-Application, followed by Architectural and Site Plan Approval as a public hearing item by the Planning Commission subject to this title. The application Shall include:

A.

Basic Application Contents. All information and materials required by Section 18.53.030 (Application Preparation and Filing), and all additional materials required by the application contents handout provided by the Development Services Department for hillside development; and

B.

Grading Plans. Existing conditions and Proposed Grading Plans are required in advance of subdivision map submission for review by the Development Services Department and City Engineer.

C.

Geotechnical Report. A preliminary geotechnical report that identifies and proposes mitigation measures for any soils or geological problems that may affect site stability or structural integrity. Depending upon the site characteristics and project design, a final geotechnical report May also be required as part of a subsequent Building Permit application.

D.

Building Footprints on Site Plan. Each proposed lot shall provide building footprint of the future home or structure as part of the Architectural and Site Plan Review approved by the Planning Commission.

E.

Electronic Plans Simulations. Each proposal is required to submit the proposed site plan with proposed building pad locations for use in visual simulations for review of the proposed subdivision by the City and Planning Commission.

F.

Constraints Analysis. For properties that have sensitive environmental resources including endangered plants and animals drainage feature, or a wildlife corridor designated by the City, a qualified professional approved by the Director Shall prepare a site constraints analysis. The report Shall include proposed mitigation measures to effectively protect important identified biological features.

(Ord. No. O-03-15, § 14, 3-3-2015; Ord. No. O-11-20, § 8, 10-20-2020)

18.41.030 - Development Standards.

Hillside developments Shall comply with the following standards.

Notes:

1. Side setbacks May be reduced to five feet minimum with justification of hardship related to hillside protection or other hillside feature protection, subject to Planning Commission review and approval through Architectural and Site Plan Review.

2. New structures or additions are prohibited within fifty vertical feet of a ridgeline unless this restriction precludes development of the property. An exception May be granted if the review authority finds the

following:

a. There are no site development alternatives including clustering that avoid ridgeline development;

b. The density has been reduced to the minimum standards consistent with the General Plan density range;

c. No new subdivision of parcels is created that will result in ridgeline development; and

d. The proposed development will not have significant adverse visual impacts due to modifications in structural design including height, bulk, size, foundation, siting, and landscaping that avoid or minimize the visual impacts of the development.

A.

Setbacks Between Structures and Toes/Tops of Slopes. On adjacent lots having a difference in vertical elevation of three feet or more, the required side yard Shall be measured from the nearest toe or top of slope to the Structure, whichever is closer. See Figure 1.

Figure 1.

Side Setback Measurement

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B.

Height Limitations. The maximum height for Structures with a roof pitch of 3:12 or greater Shall be twentyeight feet. If a roof pitch is less than 3:12, the maximum height Shall be twenty-four feet.

1.

Siting Restrictions/Protection of Ridgelines. Structures Shall not be placed so that they appear silhouetted against the sky when viewed from a public street, except where the review authority determines that the only feasible building site cannot comply with this standard. See Figure 2 below.

Figure 2. Silhouetted Structures

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2.

Placement Below Ridgeline. Except as provided by Subsection C.3, Structures Shall be located so that a vertical separation of at least fifty feet is provided between the top of the Structure and the top of the ridge or knoll to maintain the natural appearance of the ridge. Grading should also be avoided within fifty vertical feet of the top of a ridge or knoll. Placement of Structures should also take advantage of existing vegetation for screening, and should include the installation of additional native plant materials to augment existing vegetation, where appropriate. See Figure 3 below.

Figure 3. Placement below ridgeline

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3.

Height Limit Above Ridgeline. Where the review authority determines that a parcel contains no feasible building site other than where a structure will extend above the ridgeline, proposed structures Shall not exceed a height of sixteen feet above the highest point on the ridgeline or hilltop within one hundred feet of the proposed structure.

4.

Height of Lowest Floor Level. The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure Shall not exceed six feet.

Downhill Building Walls. No single building wall on the downhill side of a house Shall exceed fifteen feet in height above grade. Additional building height on a downhill side May be allowed in fifteen-foot increments, where each increment is stepped-back from the lower wall a minimum of ten feet. See Figure 4 below.

Figure 4. Downhill Building Walls

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C.

Decks. No portion of the walking surface of a deck with visible underpinnings Shall exceed a height of six feet above grade. Decks should be integrated into the architecture of the house, not appearing as an "addon" to the primary building mass.

Building Support Structures. Support Structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house, should be enclosed unless visible structural members are an integral feature of the architectural design. Support Structure wall surfaces Shall not exceed six feet in height— Figure 5.

Figure 5. Design Sensitive to Terrain

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Note— This diagram is intended to provide an example of building form, and is not intended to show a preferred architectural style.

D.

Driveways. The ramp to any garage or carport Shall not have a grade steeper than five percent within twenty feet of the garage or carport entry. The finished grade of driveways Shall not exceed an average of

fifteen percent.

E.

Natural State. A minimum of twenty-five percent of the lot area plus the percentage figure of the average slope must be remediated to its Natural State in terms of slope and vegetation, except where fire modification measures are required.

F.

Grading. Grading plans Shall be prepared in compliance with the Municipal Code, and the General Plan, which prohibits grading on slopes over thirty percent. Grading Shall utilize landform grading techniques provided in Section [18.41.030 G]. See Figure 6: Appropriate Grading.

Grading in hillside areas should be the minimum necessary to be consistent with the other standards contained within the City's Municipal Code and General Plan Policies. Grading should be limited to that which is necessary for the primary use of each lot. Excessive grading outside of the building footprint and driveway area is discouraged. If necessary, all land form grading practices should be followed by the engineer of record as reviewed and approved by the City Public Works Department.

Figure 6. Appropriate Grading

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G.

Grading and Drainage Standards

1.

Grading Plans. Grading plans will be designed and prepared by a registered civil engineer in accordance with compliance with all Colton Municipal Code requirements, other applicable codes, instituting best engineering/planning practices and restrictions determined by detailed studies of the geological, hydrological and soils conditions of the site.

2.

Geotechnical Studies. In order to address the many potential unknown geological constraints of a hillside, areas such as potential unstable and steep slopes, possibly poorly compacted and partially compacted soils in low lying areas, and faults, geotechnical investigation, by an engineering geologist and a soils

engineer—registered by the State of California, Shall be conducted as part of the Architectural and Site Plan Review conducted by the Planning Division and approved by the Planning Commission.

3.

Natural Features. Significant natural landmarks and other outstanding hillside features Shall be maintained in the Natural State as determined by the City's Development Services Director.

4.

Landform Grading. All natural slopes greater than five feet in height that require grading, landform grading (contour grading) Shall be used to simulate the appearance of the natural terrain. (See Figure 7.)

Figure 7.

Landform Grading

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5.

Remedial Grading. Notwithstanding the limitations of this subsection, the Development Services Director May permit remedial grading pursuant to an Administrative Architectural and Site Plan Review. For the purposes of this Section, remedial grading is defined as grading necessary to mitigate an environmental hazard as recommended by a geotechnical report approved by City engineering staff. No such remedial

grading will be allowed when it could be avoided by changing the position or location of the proposed development. Remedial grading that would result in substantial landform alteration Shall not be permitted where project alternatives, including but not limited to, deepened foundations, caissons, soldier piles could be utilized to provide equivalent geologic stability. Remedial grading Shall not be used to materially increase the buildable area of a project site.

6.

Slope Repairs. When the gradient of the natural slope exceeds twenty percent, five-feet horizontal and onefeet vertical (5:1), slope benches and terraces must be used when fill is used to repair even a small portion of a slope.

Grading on Slopes Greater than Twenty-Five Percent Grade. Grading on naturally occurring slopes of twenty-five percent grade or more that are greater than twenty-five feet in height Shall not occur unless grading is for access and/or remedial purposes, and specifically approval by the City of Colton Architectural and Site Plan Review after geotechnical studies have been conducted by a soils engineer and an engineering geologist registered by the State of California. A detailed plan for slope stabilization Shall be submitted and approved prior to the issuance of any grading permits.

8.

Maximum Slope Angle for Manufactured Slopes. No manufactured slope Shall have a slope angle steeper than two-feet horizontal to one-feet vertical (2:1). Shallower slope angles May be required if detailed soils and geological investigations indicate that they are necessary.

9.

Preserving Existing Significant Riparian Habitats. Major natural drainage channels containing significant perennial vegetation that may constitute wildlife habitat should remain in their Natural State.

10.

Maintenance. All drainage, open space/landscaped buffer areas, detention ponds and sediment basins must be continuously maintained on a monthly basis either by homeowners association or property owner or existing maintenance assessment district.

11.

Street Layout. Any new streets should follow the natural contours of the terrain to minimize the need for grading. Street width are subject to design review and should be narrow in width preserving hillside and providing adequate safe access subject Design Review process. Cul-de-sacs are prohibited and loop roads are encouraged where necessary to fit the natural topography, all subject to the approval of the City Engineer, Development Services Director and Fire Chief.

12.

Grading for Roadways. Where placement of roads are near ridges or on slopes is proposed, acceptable roadway placements Shall include a split roadway section to accommodate grade, knob removal to accommodate views from the road, and the rounding of cut slopes to enhance appearance. See Figure 8.

Figure 8.

Grading for Roadways on Hillsides

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Cut and Knob Removal

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Split Roadway is Preferred

13.

When the established alignment of a road does not conform to the natural contours of slopes, excessively long stretches of manufactured straight embankments Shall not be permitted. Instead use undulated slope embankments as shown in the Figure 9 below:

Figure 9. Undulated Slope Embankments

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View Protection. New construction should not block views from other properties.

a.

Where feasible, new structures and tall landscaping should not be placed directly in the view of the primary living areas on a neighboring parcel.

b.

New structures should be placed on the lower areas of a hillside site.

c.

Mechanical equipment May be placed on rooftops or below a deck only if the equipment is not visible from off the site, except for unobtrusive solar collectors that are compatible with the roof line and architecturally integrated with the structure. See Figure 12 below.

Figure 12.

View Protection

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H.

Design Retaining Walls to Blend into their Surroundings. Large retaining walls in a uniform plane Shall be avoided. Retaining walls Shall be divided into terraces with variations in plane and include landscaping to break up the length of walls and to screen them from view. No retaining wall Shall be higher than six feet, except as specified in subsection 2., below, and should incorporate a three-foot recessed offset feature every thirty feet, or other methods of articulation. Retaining walls more than three feet high that are visible from off the site should be screened with landscaping.

1.

Minimize length of solid fences, landscape walls, and retaining walls on hillsides. Walls should not exceed 50 feet in length.

2.

Minimize fence and wall heights. An eight foot wall may be acceptable if the materials are aesthetically pleasing (for example, stone), but a six foot height limit is more appropriate for materials such as stucco and concrete block.

3.

Long, continuous walls may be acceptable if they undulate, are broken up by buttresses or pilasters, and are of appropriate natural materials such as stone or adobe. Plaster walls may be acceptable at the Planning Commission discretion.

Undulating Wall

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Maximum Wall Length

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Buttress Wall

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4.

Use horizontal lines and proportions to reduce perception of height and bulk.

5.

Follow topography with fence and wall design.

Use earth tone colors that tend to blend with the surrounding natural colors of the hillsides and minimize visual effects. Avoid use of colors contrasting with the surrounding natural terrain such as bright white walls or large areas of bright nonnative flowers.

7.

Use stone or other native, natural materials, where feasible.

8.

Integrate vegetation and landscaping with fence and wall design.

9.

Avoid locating retaining walls near existing walls.

10.

Retaining walls with fill behind them can be particularly visually disruptive.

Pilaster Wall

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Example of quality wall design and drought-resistant landscaping

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11.

Stepped or terraced retaining walls, with planting in between, may be an acceptable alternative to tall retaining walls.

12.

The minimum distance between two terraced retaining walls should be at least the average height of the two walls

A stepped terraced design avoids creating a tall retaining wall and landscaping help obscure the wall

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Wall exceeds human scale—Not This

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This—Landscaped stepped retaining walls contribute to human scale

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The following are maximum heights for retaining wall systems of a cut slope:

•

Eight feet maximum exposure for individual retaining walls.

•

Sixteen feet maximum combined exposed retaining wall faces.

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(Ord. No. O-03-15, § 14, 3-3-2015; Ord. No. O-11-20, § 8, 10-20-2020)