Article II — DESERT NATIVE PLANT PROTECTION

The city finds that it is in the public interest to preserve and protect specified desert native plants and provide for the conservation and wise use of our desert resources, through regulation, guidelines and enforcement that manage the removal or harvesting of such plants. They are also necessary to augment and coordinate with the State Department of Food and Agriculture in its efforts to implement and enforce the Desert Native Plant Act.

(Ord. 250 (part), 1997; SBCC § 811.0401)

A.

The provisions of this article shall apply to all desert native plants growing on private land within the city and to desert native plants growing on public land owned by the city, county of San Bernardino or the state of California, except as specified by Article I of this chapter and as specified by this section.

B.

Except as otherwise provided by this chapter, any person who willfully removes, or harvests or transplants a living desert native plant shall first obtain approval from the county to do so in accordance with the procedures set forth in Sections 16.24.040 or 16.24.110 et seq.

(Ord. 250 (part), 1997; SBCC § 811.0405)

16.24.130 - Commercial harvesting or transplanting of desert native plants.

A.

The commercial harvesting of desert native plants shall be prohibited, except as permitted and authorized by the State Department of Food and Agriculture and as specified in the Desert Native Plant Act of 1983, as amended. The San Bernardino County Agricultural Commissioner shall be responsible for the issuance of the appropriate tags, seals and permits required by the state.

1.

Protected desert native plants as specified by Section 16.24.150(B) may only be removed by a scientific or educational institution which has obtained a permit from the county agricultural commissioner for a

specified number and species of these plants.

2.

Written permission must be obtained from and signed by the owner of the property on which the plants are located. A copy of the document granting such permission shall be submitted to the county agricultural commissioner prior to issuance of the permit.

B.

An application for a desert native plant commercial harvesting permit shall be filed with the county agricultural commissioner for review and processing. If it is determined that the proposed harvesting would not require an environmental impact report, the agricultural commissioner shall process the permit application in accordance with the provisions of this article. If an environmental impact report is required, the agricultural commissioner shall proceed only after an environmental impact report is certified, the concerns and issues are addressed, and findings made pursuant to law.

(Ord. 250 (part), 1997; SBCC § 811.0410)

The county agricultural commissioner or other reviewing authority shall only authorize the commercial harvesting or transplanting of desert native plants listed in Section 16.24.150(B) subject to the provisions of this article only if one or more of the following findings are made:

A.

The desert native plants are to be transplanted or harvested in a manner approved by the county agricultural commissioner or other reviewing authority, including any requirement for the issuance of plant tag seals and/or wood receipts;

B.

The desert native plant is to be transplanted to another property within the same plant habitat under the supervision of a desert native plant expert and the removal of such plant will not adversely affect the desert environment on the subject site;

C.

Any desert native plant on the site which is determined by the agricultural commissioner or other reviewing authority as requiring transplanting has or will be transplanted or stockpiled for transplanting in accordance with methods approved by the county agricultural commissioner. A desert native plant expert shall supervise and manage any required transplanting of desert native plants;

D.

The harvesting operation has incorporated all mitigation measures, if any, establish by the environmental review action;

E.

The harvesting operator has been notified of the availability of all known plants that are proposed to be removed by construction activity within the vicinity so that these may be used in lieu of those proposed to be harvested.

(Ord. 250 (part), 1997; SBCC § 811.0415)

The following desert native plants are subject to the regulations specified by this chapter. In all cases the botanical names shall govern the interpretation of this article.

A.

Regulated Desert Native Plants. The following desert native plants, or any part thereof except the fruit, shall not be harvested or removed except under a permit issued by the agricultural commissioner or other applicable reviewing authority:

1.

The following desert native plants with stems two inches or greater in diameter or six feet or greater in height:

a.

Dalea, Spinosa (smoketree);

b.

All species of the family Agavaceae (century plants, nolinas, yuccas);

c.

All species of the genus Prosopis (mesquites).

2.

Creosote Rings, ten feet or greater in diameter.

3.

All Joshua trees (mature and immature).

B.

All plants protected or regulated by the State Desert Native Plants Act (i.e., Food and Agricultural Code 80001 et seq.) shall be required to comply with the provisions of those statues prior to the issuance of any county development permit or land use application approval. The county agricultural commissioner is the responsible agency for the issuance of any required wood tags, seals or permits.

(Ord. 250 (part), 1997; SBCC § 811.0420)

This article is applicable only within the city in which these desert native plants grow in a natural habitat.

(Ord. 250 (part), 1997; SBCC § 811.0425)

In addition to the enforcement provisions and penalties prescribed in Article I of this chapter and/or the State Food and Agricultural Code, Division 23, Chapter 7, the following shall apply:

A.

Upon conviction of a violation of this article, all desert native plant harvesting permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the agricultural commissioner and no new or additional permits shall be issued to the permittee for a period of one year from the date of conviction.

B.

Upon the second conviction, all permits issued to the person convicted shall be revoked and the permittee shall be required to surrender any unused tags and seals or wood receipts to the agricultural commissioner and no new or additional permits shall be issued to the permittee at any time in the future from the date of such second conviction.

C.

The reviewing authority may revoke any permit, tags, or seals issued for the purpose of harvesting if the permittee willfully fails to comply with all of the conditions or stipulations of the permit.

D.

Each permit authorizing the harvesting, or possessing of desert native plants or live or dead mesquite, palo verde, or ironwood species of trees which are harvested for wood shall be accompanied by a sufficient number of tags and seals or wood receipt. Such tags, seals, or wood receipts shall be issued, transported, and may be transferred to other parties in accordance with the California Desert Native Plant Act, as amended.

(Ord. 250 (part), 1997; SBCC § 811.0430)

Terms and phrases used within this article shall be defined by Chapter 16.08 and/or as defined by the Food and Agricultural Code. The Food and Agricultural Code definition, if one exists, shall prevail over a conflicting definition in this code.

(Ord. 250 (part), 1997; SBCC § 811.0435)

ARTICLE III. - RIPARIAN PLANT CONSERVATION

The city finds that it is in the public interest to promote healthy and abundant riparian habitats. Riparian habitats are located along the sides of canyon bottoms, streams and rivers, providing watershed protection as well as control transmission and storage of natural water supplies. Riparian areas provide a unique wildlife habitat and contribute to an attractive environment. Riparian areas also provide natural soil erosion and sedimentation control protecting stream banks subject to erosion and undercutting. In addition riparian areas provide sufficient shade to reduce temperature and evaporation and the growth of algae in streams. The provisions of this article are designed to augment and coordinate with the responsibilities of the California Department of Fish and Game.

(Ord. 250 (part), 1997; SBCC § 811.0501)

A.

The provisions of this article shall apply to all riparian areas growing on private land within the city and to riparian areas growing on public land owned by the city or county of San Bernardino, except as specified by this chapter.

B.

Exceptions. The provisions of this article are not applicable to emergency flood control district operations or water conservation measures established and authorized by an appropriate independent special district with such responsibility.

(Ord. 250 (part), 1997; SBCC § 811.0505)

Except as otherwise provided or excepted by the provisions of this chapter, the removal of any vegetation within two hundred (200) feet of the bank of a stream indicated as a blue line on a United States Geological Survey Quadrangle (topographic) map or indicated as a protected riparian area on a community or specific plan, shall be subject to a tree or plant removal permit in accordance with the procedures detailed by this chapter for each respective regional area and shall be subject to environmental review. Any necessary conditions of approval for removal of riparian vegetation may be imposed in addition to and in combination with any condition imposed pursuant to this chapter.

(Ord. 250 (part), 1997; SBCC § 811.0510)

Chapter 16.28 - MOBILE HOME PARKS

Sections:

16.28.010 - Title, purpose and general provisions.

A.

Title. This chapter shall be known and may be referred to as the Mobile Home Parks Design Standards.

B.

Purpose. The purpose of this chapter is to provide regulations for the location, design and improvement of mobile home parks, as defined herein, in order to promote, protect and secure the public health, safety and general welfare.

C.

Approving Agency. The planning director is designated as the agency charged with the duty of making investigation and reports on design and improvements of proposed mobile home parks, and is authorized to approve, conditionally approve or disapprove maps prepared and filed according to this chapter; to prescribe the kinds, nature and extent of the improvements required to be installed by this chapter and to report to the applicant the action taken.

D.

Reference to Other Laws. Whenever reference is made to any portion of this chapter or other ordinance or statute, such reference applies to all amendments and additions now and hereafter made.

E.

Intent. It is the intent of this chapter to provide regulations for the location, design and improvements of mobile home parks that equal or exceed all applicable state laws. It is declared that in an instance where the provisions of this chapter do not encompass all of the state regulations insofar as the limits of this chapter apply, that such regulations are included and required for conformance as a part of this chapter.

F.

Enforcement of Other Regulations. The provisions of the Mobile Home Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development are adopted as a part of this chapter. It shall be the duty of the building and safety department to enforce all of the provisions of the Act pertaining to construction, alteration or modification of all mobile home parks. It shall be the duty of the department of building and safety to enforce all the provisions pertaining to permits to operate, maintenance, use, occupancy, sanitation and safety of all mobile home parks.

(Amended during 1997 codification; Ord. 75 § 2 (part), 1990; SBCC § 89.0101)

Except as otherwise provided in Chapter 16.08, all terms used in this chapter which are defined in the Mobile Home Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development are used in this chapter as so defined unless, from the context thereof, it clearly appears that a different meaning is intended.

(SBCC § 89.0105)

16.28.030 - Establishment of mobile home parks.

A.

Compliance with Laws. Each map or plan prepared pursuant to this chapter shall be in accordance with applicable state laws, the provisions of this chapter, and any other ordinance, statute or law pertaining to the establishment of mobile home parks.

B.

Compliance with Plans and Standards. Each map or plan filed pursuant to this chapter shall be in compliance with the officially adopted general plan and any amendment adopted pursuant thereto.

C.

Mobile home park applications shall be reviewed subject to the provisions of Chapter 16.12 of this code.

(Amended during 1997 codification; Ord. 75 § 2 (part), 1990; SBCC § 89.0110)

A.

Compliance to Standards. Any person desiring to enlarge or establish a mobile home park shall meet or exceed the design standards set forth in this chapter.

B.

Locations. Mobile home parks shall be located in accordance with all applicable city ordinances and state laws.

C.

Minimum Areas. Mobile home parks shall be developed on a parcel of land at least three acres in area.

D.

Drainage and Flood Hazard. A mobile home park shall be located on a well-drained site, properly graded to provide for adequate disposition of runoff. Such areas shall be free of flood hazard from external sources. The city engineer may require dedications and improvements which will insure proper protection to the park in accordance with this section.

E.

Streets and Highways. The city engineer may require additional dedication and improvements on streets and highways abutting the proposed mobile home park in accordance with the circulation element of the general plan and established widths of local and collector streets.

F.

Lot Areas and Dimensions. Each mobile home lot shall contain a minimum area of one thousand two hundred (1,200) square feet with a minimum width of thirty (30) feet fronting on a driveway; provided, however, that:

1.

Lots larger than the above minimum sizes may be required where it is determined that said lot size will:

a.

Be consistent with the general pattern established by mobile home parks in the vicinity, or

b.

Be necessary to accommodate trailer coach sizes as stated in the trailer park report submitted.

2.

Lots on curved driveways or cul-de-sacs where lot lines are either converging or diverging from the front to the rear of the lot shall have an average width of at least thirty (30) feet, but in no case shall the frontage on a driveway be less than twenty-five (25) feet.

G.

Clearances. Trailer coaches shall be located so they are at least ten feet apart from side to side, eight feet

apart from side to rear, six feet apart from rear to rear, and ten feet from any building, except for accessory buildings used as private toilets or baths for exclusive use of the occupant of the mobile home site. Trailer coach hitches shall face the access driveway.

H.

Minimum Side and Rear Lot Clearances. There shall be minimum side lot clearances totaling ten feet in width; provided, however, that no trailer coach shall be closer than three feet to any side or rear lot line. Where lots abut side or rear yards as defined in subsection (J) of this section, the yard areas may be included as a part of this requirement.

I.

Occupied Area. The occupied area of each mobile home space shall not exceed seventy-five (75) percent of the total area of such mobile home lot. The area shall be deemed to be occupied when covered or occupied by a trailer coach, cabana, vehicle, ramada, awning, closet, cupboard or any other structures.

J.

Yards and Setbacks. The following yards shall be maintained on each mobile home park:

1.

Front yard of at least twenty-five (25) feet in depth, along the public street upon which the mobile home park fronts. This yard shall extend across the entire width of the park;

2.

Side yards of not less than five feet in width along each side boundary line of the mobile home park;

3.

A rear yard of not less than ten feet in depth along the rear boundary line of the mobile home park;

4.

Greater yards or setbacks may be required where, in the opinion of the planning officer, such yards or setbacks are necessary due to topographic conditions, grading, drainage or protection of adjacent property;

5.

No part of any trailer coach shall be located within any yard or required setback area.

K.

Driveways. Driveways shall be designed to provide reasonable and convenient traffic circulation and shall meet the following standards:

1.

No driveway shall be less than thirty-three (33) feet in width if car parking is permitted on one side of the driveway and not less than forty-one (41) feet in width if car parking is permitted on both sides of a driveway;

2.

Driveway widths to provide for parking on one side shall be deemed necessary when lots abut the driveway on one side only. Driveway widths to provide for parking on both sides shall be deemed necessary when lots abut the driveway on both sides;

3.

The entire width of the driveways shall be surfaced with a minimum of two inch thick asphalt, concrete, plant mix or other approved material.

L.

Parking. There shall be provided one parking space on each lot. There shall also be established and maintained within each mobile home park automobile parking area for the use of guests. The number of such spaces shall be equal to one for every ten lots or fraction thereof, within the mobile home park. Each parking space shall be ten by twenty (20) feet in size, plus such additional area as is necessary to afford adequate ingress and egress.

M.

Walkways. Walkways shall be provided to permit reasonably direct access to all lots, service buildings and other areas or buildings used by occupants of the trailers. Collector walkways serving utility buildings, playgrounds and other general areas shall be four feet in width or more and individual entrance walks to each trailer coach site shall be at least two feet in width. All walkways shall be constructed of asphalt, concrete, plant mix or other approved materials which will permit all-weather pedestrian movement.

N.

Enclosures of Mobile Home Park. A wall or fence six feet in height shall be erected and maintained along each side and rear boundary of a mobile home park except along the portion of such side or rear boundary line which either abuts a public street or is within a front yard or side yard adjacent to the street, in which case, a wall or fence may be required. A wall or fence shall be solid and of concrete, brick or other masonry construction, or of chain link metal construction with an evergreen hedge planted. Where, in the opinion of the planning officer, it is unreasonable to require the construction of a fence or wall, the officer, at his discretion, may waive or modify the requirements as specified in this subsection (N).

O.

Service Area (Enclosure). The planning officer may require fencing or screen planting around areas containing garbage, rubbish or waste disposal or ground service or recreational areas as a condition of approval of a mobile home park.

P.

Modifications in Design. Where mobile home parks are submitted for approval which, although not complying with the requirements of design as stated herein, are consistent with the general intent and purpose of this chapter, the city may approve such parks with conditions and restrictions which will insure that the general purposes herein set forth will be satisfied.

1.

Park designs utilizing cell-type groupings or mobile home lots or other modified designs may be approved under the provisions of this section;

2.

Modifications of the above standards of design may be approved under the provisions of this section for mobile home parks, travel trailer parks, recreational trailer parks, temporary trailer parks and tent camps. However, in no case shall such modifications be in conflict with minimum requirements of the Mobile Home Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development.

(Ord. 250 (part), 1997; SBCC § 89.0115)

16.28.050 - Buildings, structures and facilities.

A.

Structural Requirements. The erection, construction, reconstruction, repair, relocation or alteration of all permanent buildings and structures located within a mobile home park shall conform to the requirements of the Building Code as adopted by Chapter 15.04.

B.

Plumbing Requirements. The construction, installation, arrangement, alteration, repair, use and operation of all plumbing, water and sewage systems within, on or pertaining to all permanent buildings and structures located within a mobile home park shall be designed and installed in accordance with the requirements of the Uniform Plumbing Code as adopted by Chapter 15.04 and as herein provided.

1.

Floor drains of a type approved by the building and safety department shall be installed in all concrete floors of rooms containing sanitary plumbing fixtures. Hose bibs shall be installed near each floor drain. Sanitary facilities within a mobile home park shall be for the exclusive use of tenants of the mobile home park.

C.

Electrical Requirements. The construction, installation, arrangement, alteration, repair, use and operation of all electrical wiring and electrical equipment within, on or pertaining to all permanent buildings and structures located within the mobile home park shall be designed and installed in accordance with the requirements of the National Electrical Code as adopted by Chapter 15.04.

D.

Certificate of Occupancy. Upon completion of any mobile home park and prior to the use thereof, the owner or operator of said park shall make an application to the building and safety department for a certificate of occupancy, the application to be in writing upon the form provided by the building and safety department, and shall be filed not less than ten days nor more than twenty (20) days before the mobile home park is ready for use. The building and safety department shall thereupon make a final inspection of the mobile home park referred to in the application and if found to be in conformity with the requirements of this chapter and other ordinances of the County of San Bernardino and the laws of the state of California, the office shall forward to the building and safety department a written certificate of occupancy.

E.

Public Address Systems. Public address systems or loudspeakers shall not be permitted if audible outside the boundaries of the mobile home park.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 89.0120)

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)

16.28.060 - Approved maps.

A.

Filing of Approved Maps. A reproducible tracing of the map of the mobile home park as approved by the planning officer shall be filed with the building and safety department for construction permits. Blue line prints, in an amount determined to be necessary for processing of the application, shall be submitted together with the tracing.

B.

Checking of Approved Map. The approved map shall be checked for compliance with all the conditions set forth by the planning officer. When it is determined that all conditions have been met, construction permits may be issued by the building and safety department.

(Ord. 250 (part), 1997; Ord. 75 § 2 (part), 1990; SBCC § 89.0130)

If all improvements required as a condition of approval of mobile home park are not satisfactorily completed at the time an operating permit is requested, the owner or owners of the mobile home park shall, prior to the issuance of the permit, enter as contractor into an agreement with the city guaranteeing that the required work will be accomplished.

(Ord. 250 (part), 1997; SBCC § 89.0135)

Chapter 16.32 - PLANNED DEVELOPMENTS

Sections:

It is the purpose of this chapter to promote a more efficient use of the land and to create a more desirable and affordable living environment by providing greater design flexibility than would be possible through the strict application of standard development regulations required by conventional zone or land use districts. This chapter shall set forth those requirements, design standards and conditions by which planned developments shall be regulated.

(Ord. 250 (part), 1997; SBCC § 89.0201)

16.32.020 - Planned residential developments.

A.

Planned residential developments are residential projects consisting of five hundred (500) dwelling units or fewer. Planned residential developments are compatible with, and not a significant departure from surrounding land uses, and will be so located in relation to public utility systems and installations that neither the extension nor enlargement of such systems will be required which results in public capital expenditures greater than would develop in a form generally permitted in the area. Planned residential developments shall be so located with respect to schools, parks and other public services and facilities required as to have access in the same degree as would develop in a form generally permitted in the area.

Residential planned development projects not meeting the above criteria shall be processed under the planned unit development regulations of the code. Excepting, however, residential projects greater in number of dwelling units than that permitted above may be processed as a planned residential development when the development review committee determines at the preapplication conference meeting that the project though greater in number of units:

1.

Is compatible with, and not a significant departure from, surrounding land uses;

2.

Will not require public capital expenditures for public utility systems greater than that required for the type of development generally permitted in the area;

3.

Has reasonable access to schools, parks and other public services and facilities in the same degree as would the type of development generally permitted in the area; and

4.

Otherwise complies with the provisions of this chapter.

The records of the preapplication meeting shall set forth those findings determining that the above criteria have been met.

B.

The provisions of this chapter shall modify the development standards of any zone or land use district designated for residential uses subject to the review and approval of a planned residential development application, in accordance with the provisions of Chapter 16.12.

C.

All land uses within a planned residential development shall conform to the permitted uses of the underlying zone or land use district, except as follows:

1.

Residential dwelling units, as defined in Chapter 16.08 may be attached or detached.

2.

Certain internally oriented, incidental service uses such as, but not limited to, civic, community or country clubs, conference centers, or convenience shops designed and intended to provide goods and services to residents of the planned residential development project may be permitted. Such incidental service uses shall not be located on the periphery of the PRD project, nor shall the use encompass more than ten percent of the total project area.

D.

The conditions of approval of a planned residential development project shall specifically designate those uses, including types of dwelling units, permitted within the project.

(Ord. 250 (part), 1997; SBCC § 89.0205)

A.

Planned unit developments are large, multi-phased projects which contain a variety of building types and uses, including commercial and industrial, when permitted by the general plan.

B.

Planned unit developments shall be reviewed and approved subject to the provisions of the planned unit development application, Chapter 16.12 and the provisions of the planned unit development (PUD) district of the code.

(Ord. 250 (part), 1997; SBCC § 89.0210)

16.32.040 - General regulations.

A.

Density. The total density of a planned development shall be determined by the:

1.

General Plan for the Particular Property. Increased densities may be granted by the reviewing authority through the density bonus provisions authorized by the general plan and implemented by the development code or specific plan; provided, however, density increases shall not be granted for that portion of a planned unit development in which only a preliminary development plan has been approved.

B.

Accessory Uses Permitted in Planned Residential Developments.

1.

All accessory uses permitted in the R-1 district, shall be permitted in a planned residential development, provided that such accessory uses are compatible with the approved PRD development plan.

2.

When the underlying zone or land use district permits horse raising, and where the density of a planned residential development project does not exceed four dwelling units per acre, horses shall be permitted in a PRD project as follows:

a.

On lots twenty thousand (20,000) square feet or greater subject to the regulations of the R-1 District;

b.

Where lots are less than twenty thousand (20,000) square feet, horses shall be permitted subject to the following conditions:

i.

Horses shall be clustered onto common lots,

ii.

The maximum density of horses shall not exceed three and two-tenths (3.2) horses per gross acre of common lot area,

iii.

All standards and regulations of the building and safety department shall apply,

iv.

Maintenance and management of the clustered facilities shall be provided by the property-owners' association.

C.

Phasing. In a phased development, safeguards shall be required in the form of easements or bonds or other commitments for open space requirements that will protect the integrity of the total project.

D.

Subdivision. When a tentative subdivision map is filed with a planned development project, prior to recordation of the final subdivision map, the following items shall be filed with the appropriate agency:

1.

Documentation of easements, covenants, deeds, and property-owner association by-laws, restrictions and articles of incorporation.

2.

Sureties and performance bonds covering open space areas, dedicated public improvements, and other items as determined by the reviewing authority. The amount of the performance bonds shall be reviewed annually by the appropriate agency.

E.

Revision of Approved Development Plans. No revisions may be made in an approved planned residential development site plan or planned unit development final development plan before, during or after the

construction of a planned development except upon application by the applicant to the appropriate reviewing authority, under the procedures provided below:

1.

Minor revisions such as in the location and siting of building and structures may be authorized by the planning officer, if required by engineering or other circumstances not foreseen at the time the development plan was approved. These revisions shall be made prior to recording the final subdivision map or the issuance of any building permits, whichever occurs first.

2.

Major revisions, such as changes in use, any significant rearrangement of lots, blocks and building tracts, any substantial changes in the provision of common open spaces and all other modifications shall be approved by the reviewing authority authorized to approve the plan being revised. The reviewing authority shall hold a public hearing to consider such major revisions. No amendments may be made in the approved development plan unless they are shown to be required by changes in conditions that have occurred since the development plan was approved or by changes in the general plan, or any applicable community plan or specific plan.

(Ord. 250 (part), 1997; Ord. 228 § 5, 1996; Ord. 75 § 2 (part), 1990; SBCC § 89.0215)

A.

Unless specifically changed within this section, all adopted ordinances, standards and policies apply to a planned development project, including those set forth in the general plan. The planning commission may alter adopted standards, except standards adopted by the board of supervisors, where, in their opinion, the altered standards would more adequately serve the intent and purposes of the planned development provisions of the code.

B.

Circulation.

1.

The vehicular circulation pattern shall be designed such that:

a.

It provides adequate vehicular access to and within the project, in accordance with adopted county standards;

b.

It is coordinated with external transportation networks in terms of location and loads;

c.

It is integrated with the natural landscape and, where possible, parallels the natural drainage system;

d.

It is designed such that noise levels from vehicular traffic shall comply with the noise quality standards of the general plan;

e.

The planned development project, and each phase thereof, has two points of vehicular ingress and egress from surrounding streets, one of which may be emergency only. Where the applicant can show that this is a physical impossibility, this requirement may be waived;

f.

Private streets are acceptable if they are built to county standards and are inspected by the county. However, right-of-way shall not be accepted by the county nor shall private streets be accepted into the county-maintained road system.

2.

The pedestrian circulation pattern shall be designed such that:

a.

It is separated from vehicular traffic where possible and designed to discourage pedestrian crossing of the vehicular network, except at controlled points which are designed for pedestrian safety;

b.

Hard-surfaced, safely lighted pedestrian access to common open space, recreational areas, community facilities and other logical terminal points shall be provided.

3.

All common off-street parking areas shall be designed such that:

a.

They provide adequate, convenient, well-marked and safely lighted parking;

b.

With the exception of building-enclosed parking structures, they shall contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete.

4.

Two parking spaces per dwelling unit shall be provided. No tandem parking is permitted except in mountain areas. Guest parking, either on-street or in common parking areas, shall be provided at a ratio of one space per two dwelling units.

C.

Open Space.

1.

For the purposes of this chapter, open space within a planned development shall be the total area of land or water within the boundaries of a planned development, designed and intended for use and enjoyment as open-space areas.

a.

Open space within a planned development shall include the following:

i.

Area of the site not covered by buildings, paved areas or accessory structures, except recreational structures;

ii.

Land which is accessible and available to all occupants of the development for which the space is intended;

b.

Open space within a planned development does not include:

i.

Proposed and existing street rights-of-way and private streets;

ii.

Open parking areas, driveways;

iii.

School sites;

iv.

Commercial, industrial or office areas, and the buildings, accessory buildings, parking and loading facilities thereof.

2.

A residential planned development project shall have a minimum of forty (40) percent private and common open space, not including balcony area.

Each dwelling unit shall have a minimum contiguous private open space area as follows:

a.

Ground-Floor: two hundred twenty-five (225) square feet;

b.

Upper-story dwelling unit with no ground floor: sixty (60) square feet.

4.

Provisions for the maintenance and management of the common open space and common facilities shall be reviewed and approved by the reviewing authority. Such approval shall be based on the following criteria:

a.

The applicant shall establish a property-owners' association prior to the selling of any lot or occupancy of any dwelling unit.

b.

The property-owners' association by-laws, restrictions and articles of incorporation shall include the necessary regulations required by the Federal Housing Administration. Other standards may be approved by the reviewing authority.

D.

Site Resource Utilization.

1.

The planned development shall be designed and developed in such a manner as to minimize the cutting of trees, disturbance of ground cover, cut-and-fill work, drainage alteration and hillside development. All tree removals shall be in accordance with county permit procedures.

2.

All new dirt work and exposed slopes shall be suitably stabilized in accordance with the Building Code and this code. Scarred and erosion-prone areas shall be stabilized with appropriate planting.

3.

A drainage analysis shall be prepared and shall accompany the application for a planned development.

E.

Site and Structure Relationship.

The spacing of buildings shall be governed by the requirements for adequate light and air, proper access, fire regulations and the need for visual and auditory privacy.

2.

Whenever possible, dwelling units shall be arranged to take advantage of views and vistas with consideration given to "micro" (subsections of the planned development) climate control and pleasing relationships of building mass.

3.

The planned development shall be designed to minimize the likelihood of criminal activity by:

a.

Minimizing those areas that are neither clearly private or public;

b.

Planting landscaping such that maximum observation is obtained while providing the desired degree of aesthetics.

4.

Building height, bulk and "micro" coverage are regulated only inasmuch as they meet the performance criteria set out above.

5.

No structure for human habitation shall be placed in an environmentally hazardous, fragile or unique area.

F.

Perimeter.

1.

Adjacent properties to the planned development shall be protected from adverse influences of traffic, land uses, building scale and density by the combined use of screening, setbacks and land use location.

2.

Perimeter planning and coordination are required to assure continuity in the community facilities and services. The applicant shall demonstrate that the development proposal can be adequately served by community facilities and services without undue public expenditure.

3.

Planned development projects which are within wild land fire-hazard areas as defined in the general plan shall develop fuel modification plans approved by the Hesperia Fire Protection District.

(Ord. 250 (part), 1997; SBCC § 89.0220)

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Chapter 16.36 - SIGN REGULATIONS[[18]]

Footnotes:

--- ( 18 ) ---

Prior ordinance history: Ord. 183 Exh. A; Ord. 209 Exh. A; Ord. 276 Exh. A; Ord. 288 Exh. A; Ord. 293 Exh. A.

16.36.010 - Purpose.

The purpose of this chapter is to:

A.

Encourage economic development by supporting the commercial communication needs of the business community;

B.

Enhance the quality of life by providing a visually pleasing environment;

C.

Promoting public health, safety and welfare.

(Ord. 296 § 4 (Exh. A (part)), 2000)

16.36.020 - Definitions.

Words and terms used in this chapter are defined as follows:

"Animated sign" means any sign that uses movement of the physical parts or extensions of the sign to depict action or create a special effect. These do not include reader boards, barber poles or similar signs where the sign structure itself is not in motion.

"Banner" means any sign of lightweight fabric of similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

"Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

"Billboard" means any outdoor advertising structure or sign which has a flat surface sign space upon which advertising may be posted, painted, or affixed, and which is designed or made available for the rental or

lease of such sign space for advertising billboards shall not mean any on-premises sign." Billboards may utilize digital advertising displays as part or all of their surface area.

"Bulletin board sign" means any sign located in a multi-tenant complex that lists businesses and addresses located therein.

"Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and a changeable copy sign for purposes of this chapter.

opy sign" means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and a changeable copy sign for purposes of this chapter.

"Club or organization sign" means any sign that exhibits an event or regularly scheduled meeting of a group, club, civic organization or similar use at the site.

"Commercial message" means any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

"Construction or contractor sign" means a temporary sign, which states the names of the individuals and/or firms connected with the construction of a project. Such signs may include the name of the project, the address of the business and the emergency telephone number.

"Copy" means any words, letters, numbers, figures, designs, logos or other symbolic representations incorporated into a sign.

"Digital advertising display" means an advertising display of still, scrolling or moving images including video or animation, that may be changed remotely through electronic means and utilizes a series of grid lights, including but not limited to cathode ray, light-emitting diode (LED), plasma screen, liquid crystal display (LCD) fiber optic or other electronic media or technology. A digital advertising display may also be known as "Reader board." (See also "Billboard.")

"Directional sign" means a sign which contains words such as "entrance," "enter," "exit," "in," "out" or other similar words or a sign containing arrows or characters indicating traffic direction and used either in conjunction with such words or separately.

"Flag" means any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.

"Future tenant identification sign" means a temporary sign which identifies a future use of a site or building.

"Grand opening" means a promotional activity used by newly established businesses, within thirty (30) days after occupancy, to inform the public of their location and contribution to the community. "Grand opening" does not mean an annual or occasional promotion of retail sales by a business.

"Height" shall be the vertical distance from the highest point of the sign to the highest point within five feet horizontally from the base of the sign.

"Inflatable sign" means any sign capable of being inflated with air or gas.

"Institutional use" means facilities which provide a service to the general public, including schools, churches, post offices, fire stations, hospitals, civic centers, and publicly owned land.

"Lot" means a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage and use, and that can provide such yards and other open spaces as required by the zoning regulations.

"Marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

"Marquee sign" means any sign attached to, in any manner, or made a part of a marquee.

"Monument sign" means a freestanding sign generally supported by a solid base and less than ten feet in height. The base of a monument sign may include a hollow or opening as part of its design, so long as this area does not exceed more than twenty (20) percent of the sign's face.

"Nonconforming sign" means any sign that does not conform to the requirements of this chapter.

"Off-site sign" means a sign in accordance with this chapter which directs traffic to a business within the city but not located on the same site as the sign.

"Off-site subdivision sign" means a sign in accordance with this chapter which directs traffic to a subdivision within the city.

"On premises sign" A sign that is either of the following: (1) a sign that advertises the business conducted, services rendered, or goods produced or sold upon the property on which the sign is placed; or (2) a sign that is within six hundred sixty (660) feet of the edge of the right-of-way of the freeway and advertises business conducted, services rendered, or goods produced or sold within one thousand (1,000) feet of the sign and which meets the requirements of a freeway sign under Section 16.36.060(C)(9) and is taller than sixty (60) feet in height. On-premise signs shall not be considered "off-site signs" for purposes of Sections 16.36.050(A) or 16.36.080."

"Open house sign" means a temporary off-site directional sign advertising the sale or lease of residential, commercial or industrial property, and the identification of the firm handling such sale, lease or rent.

"Pennant" means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

"Person" means any individual, association, company, corporation, firm, organization or partnership, singular or plural, of any kind.

"Political sign" means a sign erected prior to an election to advertise or identify a candidate, campaign issue, election proposition, or other related matters.

"Portable sign" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles and visible from the public

right-of-way, unless the vehicle is used in the normal day-to-day operations of the business, and parked both adjacent to and in the parking provided for said business.

"Principal building" means the building in which is conducted the principal use on the site on which it is located. Sites with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

"Projecting sign" means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

"Reader board sign" means a sign utilizing a field of small lights or other devices to create the effect of letters, numbers or symbols on the sign face.

"Real estate sign" means a temporary sign advertising the sale or lease of the property upon which it is located, and the identification of the firm handling such sale, lease or rent.

"Regional uses" means uses, which have access from major highways or arterials, and area of a size and configuration to facilitate development of businesses attracting consumers from a regional market area. Such uses could include retail malls, auto malls, movie theaters, recreation or other similar uses as approved by the director.

"Relocation agreement" means an agreement entered into between the city and a billboard or property owner to relocate or replace an existing billboard to another property or to reconstruct it on the same property. Reconstruction may also include converting a billboard to a digital advertising display.

"Residential sign" means any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service as such location conforms with all requirements of the municipal code and general plan.

"Revolving sign" means a sign which all or a portion of which may rotate either on an intermittent or constant basis.

"Roof sign" means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

Roof sign, integral. "Integral roof sign" means a sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

"Secondary wall signs" are accessory to the business sign but advertises goods, products or services offered at the site.

"Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

"Sign area" means the smallest geometric shape that will encompass the limits of the writing or other display. The structure or backdrop shall not be included in the computation. Multifaced signs shall compute all faces if they can be viewed from any one point at the same time. Channel letters shall be measured in the same fashion.

"Site sign plan" means a plan showing the height, size, type, location and architecture of all signs on a particular property or development. Signs in addition to those in Sections 16.36.040, 16.36.060 and 16.36.070 may be permitted when found to be benefiting the purpose of this chapter.

"Sports facility" means any facility expressly designed for the conduct of sports or recreation activities, owned by the state, county, city or other public or private entity in which sports or sanctioned recreation activities are conducted which has a total square footage greater than fifty thousand (50,000) square feet or, or has a fixed designed seating capacity greater than five thousand (5,000) seats.

"Street" means the public right-of-way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, streets, terraces, trails or other thoroughfare.

"Street frontage (building)" means the length of the building facing, or within forty-five (45) degrees of facing, the public right-of-way of thirty (30) feet in width or more.

"Street frontage (site)" means the length of the site that abuts dedicated public streets with thirty (30) feet or more of public right-of-way.

"Temporary sign" means any sign that is used only temporarily and is not permanently mounted.

"Tethered balloon" means a balloon inflated with air or gas, which is fastened or restrained so that it can range only within a set radius.

"Wall sign" means any sign attached parallel to, but within twelve (12) inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

"Window sign" means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a windowor upon the window panes or glass and is visible from the exterior of the window.

(Ord. 296 § 4 (Exh. A (part)), 2000)

(Ord. No. 2009-02, § 3, 8-4-09; Ord. No. 2013-015, § 4(Exh. A), 11-5-13; Ord. No. 2017-01, § 4(Exh. A), 3- 7-17)

16.36.030 - General provisions and administration.

A.

It is unlawful for any person to erect, alter, move, replace or relocate any sign except as provided by this chapter without first obtaining a sign permit.

B.

Application for a sign permit shall be made on a form provided by the city. No person shall install electrical wiring or lighting to a sign without first obtaining an electrical permit.

C.

It is the duty of the community development department to enforce all permitting and entitlement provisions of this chapter. The director may impose such conditions deemed necessary to secure the purpose of this chapter.

D.

The director may grant minor exceptions from the sign area requirements or other minor changes when determined to be in accordance with Section 16.12.220(7) or (8). Should a site sign plan contain requests for signs that exceed the requirements of Section 16.12.220(7) of the development code, then the sign plan shall be referred to the planning commission for review and approval.

E.

A permit shall be issued when the application is properly made, all fees are paid, the proposed sign complies with all city ordinances, and the sign is to be erected by an owner or licensed contractor.

F.

Fees for sign permits shall be set by resolution of the city council.

G.

No sign shall be erected upon any property without the written consent of the property owner or authorized representative.

H.

Signs and support structures shall be kept in a proper state of repair. Display surfaces on signs shall be kept neatly painted or posted at all times.

I.

No sign shall be installed, erected or maintained that prevents free ingress or egress from any door, window, fire escape, driveway, parking space, sidewalk or other area required for pedestrian, bicycle, motor vehicle or equestrian travel.

J.

Signs shall be designed to avoid undue glare or reflection of light. Signs shall not be erected that create a traffic hazard or that may be confused with any traffic lights or signs.

K.

Abatement and removal may be ordered for any sign when the director, or his designee, determines the sign to be unsafe, insecure or a public nuisance. Signs constructed, altered or maintained in violation with this chapter shall be determined to be a public nuisance and shall be subject to abatement and removal.

(Ord. 296 § 4 (Exh. A (part)), 2000)

The following signs are exempt from the provisions of this chapter but may require electrical or building permits:

A.

Public notice signs or warning signs required by law;

B.

Signs inside a building not attached to the structure and not visible beyond the property line;

C.

Works of art not containing a commercial message;

D.

Real estate signs, contractor/construction signs, or future tenant signs for commercial or industrial properties not to exceed thirty-two (32) square feet in area, six feet in height, or spaced less than six hundred (600) feet apart on the same parcel. On residential or agricultural properties, real estate signs may be up to six square feet in area and five feet in height;

E.

Service station gasoline price signs otherwise regulated pursuant to state law;

F.

Community historical markers established by the city or park district;

G.

Time and temperature signs not exceeding twelve (12) square feet or ten feet in height. When time and temperature signs are incorporated as part of a sign, this area may be added to the sign area otherwise permitted by this code;

H.

Convenience signs not conveying commercial information, such as restrooms, no parking, pull forward, etc., not larger than six square feet or more than six feet in height;

I.

On-site safety and identification signs used to identify locations, buildings, units, safety hazards, or similar type information and not exceed two square feet;

J.

Club or organization signs similar in architecture to monument or wall signs not exceeding four feet in height and twenty (20) square feet in area;

K.

Displays or decorations not exceeding twenty (20) square feet in total area and located outside building setback areas, parking lots and drive aisles;

L.

Holiday decorations or banners not containing a commercial message;

M.

Window signs, whether painted on the window or as banners or posters hung inside the window.

(Ord. 2007-05 § 5 (Exh. A (part)), 2007; Ord. 296 § 4 (Exh. A (part)), 2000)

All signs not permitted by this chapter or exempt from regulation under Section 16.36.040 are prohibited and declared a public nuisance. Prohibited signs include:

A.

Off-site signs unless permitted in Section 16.36.080;

B.

Beacons, exposed light bulbs (except in reader board signs) or light bulb strings (except for temporary holiday use);

C.

Pennants and flags except as permitted for special events, promotional events, and model homes;

D.

Inflatable signs and tethered balloons except as permitted for special events;

E.

Roof signs are prohibited except when other signing alternatives are considered impractical or unreasonable by the director. Roof signs may then be permitted if architecturally designed into the roof system. Whenever possible, new buildings shall be designed with integral roof signs to preclude the necessity for roof signs;

F.

Animated or revolving signs where the physical structures or extensions of the sign structure are in motion. This does not include readerboards, barber poles or similar signs where motion may be depicted but where the sign structure itself is not in motion;

G.

Portable sign except as allowed in Section 16.36.090;

H.

Signs in the public right-of-way, except as approved by the city;

I.

Signs that make sounds, emit odors or produce smoke.

(Ord. 296 § 4 (Exh. A (part)), 2000)

(Ord. No. 2012-04, § 3(Exh. A), 4-3-12)

16.36.060 - Nonresidential signs (includes hotel and motel).

A.

The following signs shall be permitted for nonresidential uses. Deviations from the following standards and the sign menu in Section 16.36.130 shall be permitted subject to review and approval of a site sign plan to govern all signage on a site. Should the site plan contain requests for signs that exceed the requirements of Section 16.12.220(7) of the development code, then the sign plan shall be referred to the planning commission for review and approval.

B.

Total Sign Area. The total sign area for an individual use or combination of uses or buildings on a commercial or industrial site is computed as three-square feet of signage per one lineal foot of principal building(s) that fronts on a street, alley or parking lot with customer entrances. Institutional uses shall not be granted a cumulative total, but shall be allowed signs listed in the sign menu and described per this chapter.

C.

All signs must adhere to size, height and spacing limits per the type of sign as specified below:

1.

Attached (Wall or Integral Roof) Signs. Wall signs are permitted at two square feet of sign area per lineal foot of principal building(s) fronting the street(s) with a maximum area of one hundred fifty (150) square feet per sign. Wall signs must be attached to the building and may be designated as integral roof signs, but

shall not extend above the roof. Wall signs shall be placed on the exterior wall of the tenant space. Any number of signs may be used but the maximum area allowed shall be the cumulative total of all wall signs.

2.

Monument Signs. Monument signs shall not exceed forty-eight (48) square feet in area or eight feet in height. Monument signs may be increased to nine feet in height and sixty (60) square feet if installed in a landscaped planter not exceeding three feet in height and at least six feet longer and wider than the sign. Any size site may have at least one monument sign. Multiple numbers of monument signs and freestanding signs allowed for a site shall not exceed one sign per one hundred fifty (150) feet of street frontage.

3.

Canopy and Pump Island Signs. Canopy signs are allowed ten square feet in area per side. Signs are to display logos or brand names only. Pump islands are allowed three square feet of sign area per pump.

4.

Banners. Banners used as permanent signs shall be attached to a principal building and shall be allowed in addition to attached, secondary, window or canopy signs. The area of these signs shall be counted against the site's allocation. Permanent banners shall not be permitted on separate stand-alone frames or structures, and shall not be attached or tied to perimeter walls, fences, monument signs or freestanding signs. Banners shall be made of canvas, vinyl or similar material of a minimum thickness of thirteen (13) ounces. The edges shall be folded, stitched or glued and equipped with eyelets or cords to facilitate mounting. Lettering, illustrations and logos shall be neat and professional in appearance. Banners shall be securely attached to buildings. Banners may be mounted inside windows. Any torn, faded, frayed or damaged banners shall be removed or replaced immediately.

5.

Secondary Signs. Secondary signs such as food menus on fast food businesses or event or meeting signs shall not exceed fifty (50) square feet for any single sign (thirty (30) square feet for industrial uses)—unless approved as part of a site sign plan.

6.

Secondary wall signs listing services offered such as nursery, pharmacy, tires, etc., with a maximum of fifty (50) square feet per sign.

7.

Freestanding Signs. Freestanding signs are permitted whenever the project site exceeds two and one-half acres of land or the street frontage where the freestanding sign is proposed exceeds one hundred seventyfive (175) lineal feet. A site with less street frontage may also be eligible for a single freestanding sign should it be combined with at least one other adjacent property by merger, or with a least two other properties through the recordation of a reciprocal access and signage agreement. Properties so merged or combined shall form a continuous street frontage. Freestanding signs for commercial or industrial uses shall not exceed twenty (20) feet in height or two hundred (200) square feet in area. Multiple numbers of

monument signs and freestanding signs allowed for a site shall not exceed one sign per one hundred fifty (150) feet of street frontage.

8.

Bulletin or Directory Board. Bulletin board signs are monument style signs used to direct customers to tenants on a multiple tenant site. Bulletin boards shall not exceed thirty (30) square feet in area and six feet in height with one per entrance on the site.

9.

Freeway Signs. Freeways signs are signs located within six hundred sixty (660) feet of the freeway. Freeway signs may be forty (40) feet high and two hundred (200) square feet in area. When two or more uses record an agreement to share signage, a freeway sign with two signs may be up to three hundred (300) square feet in area and fifty (50) feet in height. A freeway sign with three or more signs may be up to four hundred fifty (450) square feet in area and sixty (60) feet in height. Notwithstanding the paragraph above, freeway signs between sixty (60) and one hundred (100) feet in height and up to one thousand (1,000) square feet in area may be permitted, subject to a study to determine the optimal location in relation to freeway off-ramps, overpasses, existing development, and topography. Such signs must be located on, or within one thousand (1,000) feet of the premises of a development project consisting of at least thirty-five (35) contiguous acres. No more than two signs may be permitted per development. Signs incorporating digital displays may not be closer than one thousand (1,000) feet from another digital display on the same side of the freeway. Such displays are subject to current Caltrans' specifications as to brightness, frequency of changeable copy and depiction of movement. The location and design of freeway signs must be included in an approved site sign plan for the development to ensure consistency with the design and architecture of the project.

10.

Institutional Uses in Commercial Designations. These uses, including schools, churches, hospitals and convalescent homes, shall be limited to a maximum of two square feet of attached sign area per principal building frontage. Monument signs shall be a maximum of forty-eight (48) square feet with one sign per driveway on public streets. Additional signage may be permitted when incorporated in a site sign plan.

11.

Digital Advertising Displays (Digital Signs). Unless otherwise listed below, digital advertising displays installed as a part of any monument, freestanding or freeway sign may only be allowed on lots that exceed five gross acres in size and that are a part of a multi-tenant center with a defined anchor tenant. Lots that are less than five gross acres may be allowed one digital wall sign. The following uses are not subject to the minimum lot size requirements for digital advertising displays: service stations (digital display limited to the portion of the sign conveying pricing information), churches and other religious centers, public and nonprofit school facilities, movie theaters, public buildings, public recreational buildings, private clubs and lodges.

All digital advertising displays shall be located a minimum of 150 feet away from any residentially zoned property, as measured from the sign to the residential property line. The digital displays will be limited to the same size limitations currently allowed in Section 16.36.060 for the respective sign type (i.e. monument,

freestanding, wall sign and/or freeway sign). All digital signs shall be subject to the following operational standards:

a.

Signs visible from the public right-of-way shall not change at a frequency in excess of one alternation per six seconds.

b.

Transition between slides shall not exceed one second.

c.

No digital display may depict or simulate any motion or video (i.e., video clips, flashing, etc.).

d.

All digital advertising displays shall be equipped with a light meter to automatically adjust the display brightness to ambient light conditions for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 foot candles (over ambient levels) when measured at the recommended distance as set forth by International Sign Association (ISA) for Electronic Message Center Signs. The City may modify or further restrict the intensity of any digital advertising display should the lighting create a distraction to drivers.

e.

Digital advertising displays may not advertise off-site businesses.

f.

Digital advertising displays that are located within 660 feet of the I-15 Freeway shall be subject to current Caltrans' specifications as to brightness, frequency of changeable copy and depiction of movement.

g.

Digital advertising displays may not be added to legal non-conforming signs.

h.

All digital advertising displays must comply with the illumination provisions of this section.

(Ord. 296 § 4 (Exh. A (part)), 2000)

(Ord. No. 2017-01, § 4(Exh. A), 3-7-17; Ord. No. 2021-01, 3(Exh. A), 6-1-21; Ord. No. 2023-08, § 4(Exh. A), 6-6-23)

The following signs shall be permitted for residential uses:

A.

Single-family residential uses may have one identification sign not to exceed three square feet and four feet in height. Identification signs shall not be permitted for home occupations. Agricultural signs shall be unilluminated and limited to twenty-five (25) square feet in area. A wall sign shall be located below the roofline or a monument sign may be up to four feet in height. One monument sign per street frontage is permitted. The sign shall only indicate the name, address, and agricultural product or service provided at the site.

B.

Subdivision Signs. Subdivision signs shall be limited to thirty-two (32) square feet per street frontage and six feet in height. These are permanent signs incorporated in an entry statement or as part of a perimeter wall.

C.

Apartments, Condominiums and Mobile Home Park Signs. These signs are limited to one monument per street frontage not to exceed forty-eight (48) square feet. Window signs may cover twenty (20) percent of available area on community or office buildings only. Additional signage may be permitted when incorporated in a site sign plan.

D.

Institutional Uses in Residential Designations. Institutional uses including schools, churches, fraternal lodges and hospitals, shall be limited to a maximum of one sign per street frontage with a maximum of twenty-four (24) square feet in area. Monument signs are limited to one sign per street frontage, with a maximum of twenty-four (24) square feet and six feet in height. Additional signage may be permitted when incorporated in a site sign plan.

(Ord. 296 § 4 (Exh. A (part)), 2000)

Signs may not be constructed on any parcel except that where the business is conducted unless approved as part of a sign program authorized by the city. Businesses not holding a city business license may not be advertised on off-site signs within the city. Prior to approval, the sign plan shall show as a minimum the following:

A.

Individual signs shall not be larger than nine square feet and attached to a city approved sign stand.

B.

Signs shall be located outside of clear sight triangles and generally three hundred (300) feet from other offsite signs.

C.

Signs shall not be placed in the public right-of-way unless specifically approved by the director.

D.

Requests for off-site sign locations shall be accompanied by proof of permission from the property owner and shall be approved by the director or his representative prior to installation.

E.

In addition to the off-site business program authorized above, off-site signs for new residential construction are permitted for model homes and subdivision developments as well as open houses to market individual homes for sale.

F.

For the purposes of this section, "subdivision" means a residential tract development with an active construction permit and a subdivision model home or complex holding a valid temporary occupancy permit. "Model home" means an individual home used to market the sale and construction of homes on scattered lots by an individual builder. "Open house" means the promotion of a single existing home for its individual sale.

G.

Up to four off-site promotional signs may be permitted per subdivision or model home. Such signs may be up to nine square feet in area, six feet in height and may be placed on vacant property out of the public right-of-way. Subdivision developments may have one of the four signs up to thirty-two (32) square feet in area and eight feet in height. Signs shall be placed on private property with the owner's permission. Signs must be at least three hundred (300) feet away from city approved off-site business directional signs or other residential promotional signs.

H.

Temporary weekend signs may be permitted for each subdivision or model home. Signs may be located along the streets extending from a major arterial roadway to the site of the model home or residential tract. These signs shall be located at least thirty (30) feet from an intersection and fifteen (15) feet from the edge of pavement. Signs must be spaced at least three hundred (300) feet apart and cannot be closer than one hundred (100) feet from any other weekend sign, promotional sign or city off-site sign. These signs may be up to twenty-four (24) inches by thirty-six (36) inches in size and are allowed on weekends or holidays only. These signs shall be erected no earlier than twelve midnight on Friday and removed no later than twelve midnight on Sunday. In the event of a three-day holiday, said signs can be erected no earlier than twelve midnight on Thursday if the holiday falls on a Friday, and must be removed no later than twelve midnight on Monday, if the holiday falls on Monday.

I.

Only subdivisions or model homes with a temporary occupancy permit may be advertised on off-site residential signs. These signs shall only be used during the active sales period for new homes and shall not be used to advertise the resale of older homes. All on and off-site signs related to a subdivision or model home shall be approved under the authority of the temporary occupancy permit issued to the developer of the subdivision or model home.

J.

Open house signs may be put up during daylight hours on the day of the open house. Up to three signs may be placed off-site from the location of the open house. These signs shall be located at least thirty (30) feet from an intersection and fifteen (15) feet from the edge of the pavement. They may be up to six square feet in area and three feet in height. Signs may be freestanding stick signs or A-frame in design. Only owners, salespersons or licensed real estate brokers holding a current city business license may place offsite open house signs. Owners, salespersons or licensed real estate brokers electing to hold a two or three day open house may keep their signs in place overnight during the event, however all signs must be removed before dusk on the final day.

K.

All signs shall feature consistent colors, lettering and logos, and shall be neat and professional in appearance. No flags, balloons, streamers or banners shall be attached to off-site real estate signs. Damaged, torn, defaced or faded signs shall be removed or replaced immediately. Failure to maintain signs or control litter caused by lost weekend signs or open house signs shall result in revocation of permits to place off-site signs.

(Ord. 296 § 4 (Exh. A (part)), 2000)

Special uses include special events, promotional events and political signs.

A.

Special use signs advertise special events and activities such as grand openings, charitable events, seasonal sales and events. Special use signs shall be regulated as part of a temporary special event permit.

B.

Promotional events advertise new products, management, business hours, service or similar events and may include banners, flags, and similar signs with all other signs limited to fifty (50) square feet. Promotional event signs shall be limited to four display periods annually not to exceed fifteen (15) days per event.

C.

Political signs may be displayed up to sixty (60) days before a scheduled election and must be removed within fifteen (15) days after the election.

D.

Political signs may be placed in the public right-of-way, subject to certain exceptions to ensure safety:

1.

Political signs are not permitted in median strip areas.

Political signs must be freestanding and are not permitted on traffic signs, trees, shrubs, bus stops, power poles, utility cabinets or other public appurtenances.

3.

Political signs may not be placed within fifty (50) feet of an intersection and no closer than six feet from the curb. Where no curb exists, signs shall be at least ten feet from the edge of pavement.

4.

Political signs may not be located within any clear-sight triangle and may not obstruct any regulatory sign or traffic signal. In no case shall any political sign be placed where it will obstruct or impede traffic visibility.

E.

Political signs may not be placed on city or other public property outside of city right-of-way, such as parks, buildings, facilities or appurtenant landscaped areas.

F.

Political signs may be up to thirty-two (32) square feet in area and six feet in height.

G.

All political signs on private property must be authorized by the property owner.

H.

Signs may not be affixed directly to buildings or other objects. Signs may not be illuminated, but may be placed where existing lighting may permit them to be seen at night.

I.

Promotional and special event signs shall include a-frame signs and flag poles as illustrated below. These signs are not permitted on any vehicle. Temporary signs are subject to approval of a temporary special event permit and may be permitted as follows:

==> picture [168 x 153] intentionally omitted <==

A-Frame Signs

==> picture [168 x 148] intentionally omitted <==

Flag Pole Signs

1.

a.

A-frame signs shall not exceed a sign area of twenty (20) square feet, and a height of four feet. A flag mounted on a pole shall not exceed a sign area of sixty-five (65) square feet and a height of twelve (12) feet.

b.

No temporary sign shall be placed within ten feet of another temporary sign. This separation requirement shall only apply to temporary signs allowed in Section 16.36.090(1). It shall be the responsibility of each tenant to coordinate the placement of the sign with other tenants.

c.

The signs may only be displayed during business hours of operation.

d.

The signs must be neatly and professionally constructed and all lettering done in a professional workmanlike manner.

i.

Flag pole signs shall mean any sign of lightweight fabric or similar material that is permanently mounted to a pole.

ii.

A-frame signs shall be constructed of durable materials that are weather and rust-resistant.

e.

The signs may not be illuminated or contain any electrical components.

f.

The signs must be installed in a manner preventing it from falling or blowing over.

g.

The temporary signs shall be placed on the privately owned property where the business is located.

h.

The temporary signs shall not be placed in the right-of-way, clear sight triangle, or handicap path of travel. A temporary signs shall not be hung from, or attached to, utility poles, light poles, or landscaping.

i.

The temporary signs shall be subject to the maintenance and abatement provisions in Chapters 8.32 and 16.36 of this Municipal Code. The installation or erection of any sign in violation of this section shall be, and is hereby declared to be, unlawful and a public nuisance.

(Ord. 2007-05 § 5 (Exh. A (part)), 2007: Ord. 296 § 4 (Exh. A (part)), 2000)

(Ord. No. 2009-09, § 3(Exh. A), 8-4-09; Ord. No. 2010-08, § 3(Exh. A), 9-7-10; Ord. No. 2011-16, § 3(Exh. A), 9-6-11; Ord. No. 2012-04, § 3(Exh. A), 4-3-12; Ord. No. 2013-003, § 3(Exh. A), 4-2-13; Ord. No. 202101, 3(Exh. A), 6-1-21)

Editor's note— Ord. No. 2017-01, § 4(Exh. A), adopted March 7, 2017, repealed § 16.36.092, which pertained to city freeway pylon signs and derived from Ord. No. 2013-015, adopted November 5, 2013.

A.

Purpose. For the purposes of regulating excess signage, encouraging the positive economic development of the city, promoting the safety of the traveling public, protecting existing property values in both residential and nonresidential areas, preventing the overcrowding of land, promoting a positive community appearance as part of a concerted city wide effort to protect and enhance the aesthetics of the city for the enjoyment of all citizens. The regulations are designed to prevent their overconcentration, improvement placement, and excessive height, bulk, number and area. It is recognized that, unlike on-premises identification signs, which are in actuality a part of a business, billboards are a separate and distinct use of the public thoroughfare. With a view to this distinction, billboards are regulated differently from on-premises signs. It is intended that billboards be located away from residential areas, and that such signs be regulated to protect the character of the area wherein billboards are located, and to conserve property values in these areas.

B.

Prohibition of New Billboards. New billboards are prohibited, and the erection, alteration, construction, replacement, use, installation or conversion of any billboard within the city is prohibited. No permit shall be issued for any billboard which violates this policy. This paragraph shall be construed liberally to broadly

prohibit any new billboard of any kind within the city, unless a permit is issued pursuant to a relocation agreement described in paragraph C of this Section 16.36.100, below. With regard to any existing billboard lawfully constructed prior to the city's incorporation nothing in this paragraph shall be construed as prohibiting: (1) the ordinary maintenance, poster panel replacements, copy changes, or repair (excluding repairs involving structural, material, or electrical changes, which are prohibited) of such billboard, or (2) the replacement of a billboard by permit, consistent with Section 16.12.316(C) of the code.

C.

Relocation of Existing Billboards. Billboards or digital advertising displays may only be constructed, relocated, or upgraded upon the approval of a relocation agreement and site plan review by the city council, and consistent with the following criteria:

1.

No billboard may exceed six hundred seventy-two (672) square feet. The sign area is measured by finding the area of the minimum imaginary rectangle or square of vertical and horizontal lines that fully encloses all extremities of the sign, excluding supports, the base or apron unless such copy, message, announcement or decoration appears on the base or apron. The allowable sign area of signs with equal size and shape for

ix hundred seventy-two (672) square feet. The sign area is measured by finding the area of the minimum imaginary rectangle or square of vertical and horizontal lines that fully encloses all extremities of the sign, excluding supports, the base or apron unless such copy, message, announcement or decoration appears on the base or apron. The allowable sign area of signs with equal size and shape for

both double-faced (back-to-back) and V-type signs is measured by computing the area of only one side of the sign. Both sides of a double-faced or V-type sign shall be of equal size. The sign area of signs with three or more sides (multiple-side signs) containing copy message, decoration or announcement visible from a street, highway or expressway is measured as the sum of the area of any two adjacent sides. The digital advertising display areas of the sign, if any, shall be calculated as part of the permitted sign area.

2.

No billboard or part thereof, including base or apron, supports, supporting structures and trim, may exceed thirty-five (35) feet in height. Any required solar or wind power devices shall not be counted as part of the billboard's height.

3.

All signs shall comply with the appropriate detailed provisions of the latest adopted edition of the California building codes.

4.

Billboards shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the California Electric Code and the development standards of any public or private electrical provider; provided, that in no case shall a billboard be erected closer than ten feet horizontally or vertically from a conductor or public utility guy wire.

5.

No part of a billboard may be located within a triangular area formed by the street right-of-way lines and a line connecting them at points thirty (30) feet from the right-of-way intersection.

No part of any billboard shall be located less than one thousand (1,000) feet from any part of another billboard, measured in all directions.

7.

Billboards shall not be permitted in any historic, residential, or agricultural district. Billboards shall only be relocated within the regional commercial, office park or commercial industrial business park districts, on a parcel located within six hundred sixty (660) feet of the freeway.

8.

Billboards shall not be permitted on any designated scenic street, road, drive, parkway or highway.

9.

Billboards shall not be permitted within seven hundred fifty (750) feet of any residential district, historic district, park, school, church, hospital, retirement home, cemetery, convention center, or government building.

10.

Billboards shall not be permitted on or over the roofs of buildings.

11.

Billboards shall not be permitted at any bridge crossing or situated to impair any scenic vistas.

12.

Billboards shall not be permitted to be stacked over or placed next to any other billboard.

13.

Any billboards or digital advertising displays shall be required to provide for public service announcements, Amber Alerts and other community service announcements.

14.

Digital advertising displays may be approved as part of a sports facility as defined herein, subject to approval of a digital agreement with the owner to facilitate public service announcements and Amber Alerts. Digital displays may advertise products or services that are or will be available in the premises and/or products or services provided by the principal sponsors of the facility pursuant to an agreement of at least one year duration between the vendor or sponsor and the property owner, facility owner or facility operator.

15.

Nonconforming billboards owned by the same advertising company within the city boundaries shall be removed prior to issuance of permits for the new billboard or the conversion of an existing billboard to a digital advertising display at a ratio of three sign faces to one.

Where removal is not possible, the city may consider other provisions in the relocation agreement, including, but not limited to, as increased public service announcements, construction of city entry monuments or payment to the city.

17.

No billboard or digital advertising display shall depict or simulate any motion or video (i.e., video clips, flashing, etc.). Any slide (image) shall be displayed for a minimum of six seconds and transitions between slides shall not exceed one second.

18.

Each billboard shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3 foot candles (over ambient levels) as measured at a present distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America (OAAA). The city may modify or further restrict the intensity of any billboard or digital advertising display should the lighting create a distraction to drivers.

19.

Generators shall not be used to power any billboards. All relocated or reconstructed billboards, not including digital displays, shall incorporate solar or wind power to offset at least seventy-five (75) percent of their energy use.

(Ord. 296 § 4 (Exh. A (part)), 2000)

(Ord. No. 2009-02, § 4, 8-4-09)

16.36.110 - Design standards.

A.

Signs shall be designed and be constructed of materials that relate to the architectural style of the main or principal building(s) on the lot. When more than one sign is permitted on a site, the style of all signs on a parcel shall be coordinated architecturally.

B.

Illuminated signs shall be designed so that illumination shall be internal or if external shall be directed fully onto the sign face(s).

C.

When monument signs use planters to increase height or area, planters shall be three feet wider than the monument, not more than three feet high, and be landscaped with a permanent irrigation system.

D.

All signs shall be maintained in proper repair. All signs shall be kept clean and graffiti free. Any structural or electrical damage shall be repaired immediately.

E.

Signs are not permitted in the public right-of-way except signs erected by or on behalf of a governmental entity. This includes bus stop signs erected by a public transit authority and conveying a commercial message. Any other sign placed on public property, except in conformance with this section, shall be forfeited to the public or subject to summary abatement. In addition, the city shall have the right to recover the full costs of removal and disposal of any sign.

F.

No part of any freestanding sign, including the footing, shall be located closer than one foot from any property line.

G.

The leading edge or footing of a sign shall be located no closer than one foot from the existing right-of-way line. Where the planned right-of-way is greater than the existing right-of-way, the property owner shall enter into an agreement with the city to relocate the sign at the property owner's expense whenever such rightof-way is expanded.

H.

When a freestanding sign is within a front or street side yard setback area, or is located within the clear sight triangle, the sign face shall be at least eight feet above grade.

I.

The height of a projecting sign shall not exceed the height of the building to which it is attached.

J.

Banners used as permanent signs shall be regulated in size, location and proportion to a building face in accordance with the sign menu (Section 16.36.130). The area of banners shall not exceed fifty (50) percent of any building face's allocation.

(Ord. 296 § 4 (Exh. A (part)), 2000)

16.36.120 - Previously permitted signs and amortization.

A.

"Grandfathering" of Permitted Signs. Any sign previously approved or erected with permits in accordance with any prior code or this chapter in effect at the time of the approval or construction, may remain in place indefinitely. Permitted signs made nonconforming by this chapter are included in this provision, unless they subsequently become subject to subsection (D) of this section.

B.

Persons who cannot produce evidence of a prior approval or permit as required by subsection (A) of this section may appeal the abatement of their sign to the planning commission. The appeal fee shall be set by resolution of the city council. The committee shall hold a public hearing on the matter and may consider the following factors:

1.

Special topographic circumstances of the site, building or the sign;

2.

Special historical or cultural significance to the community;

3.

Special architectural significance or design limitations that would necessitate the type of sign requested;

4.

Other factors including, but not limited to, adjacent structures or signs, public improvements, specimen trees or existing landscaping that are relevant in the placement or design of the sign in relation to its location within the development.

C.

Amortization of Nonconforming Signs—General.

1.

Every sign not described in California Business and Professions Code Subsection 5490(b) and which does not comply with the provisions of the prior code or this chapter shall be amortized and abated in accordance with the following schedule:

2.

The city, in accordance with the latest material valuation schedules shall determine the value of a nonconforming sign unless a verified receipt or contract is produced to prove the value.

D.

Abatement of Existing Signs. Notwithstanding the status of any sign, whether previously permitted, grandfathered or approved by the planning commission, that fall within the criteria listed below, shall

immediately be removed from the site, without compensation, under any of the criteria as follows:

1.

Any sign which has been more than fifty (50) percent destroyed or damaged (other than destruction of the facial copy) and the display cannot be repaired within thirty (30) days of the date of its damage or destruction;

2.

Any sign which is a danger to the public or is unsafe;

3.

Any sign that constitutes a traffic hazard, such as a sign that simulates or interferes with signs or signals, (not created by the relocation of any street or highway or by any other act of the city); and

4.

Any sign erected without a permit after the effective date of the ordinance codified in this chapter.

E.

Amortization and Abatement of Nonconforming Billboards.

1.

Nonconforming billboards located in an area designated on the general plan and zoned as either agricultural or residential and more than six hundred sixty (660) feet from the edge of the right-of-way of a freeway or primary highway, which have copy not visible or intended to be read from such freeway or primary highway, shall be removed from the site without compensation in accordance with the following schedule:

2.

This amortization period shall commence upon receipt of written notice of nonconformance.

(Ord. 296 § 4 (Exh. A (part)), 2000)

(Ord. No. 2017-01, § 4(Exh. A), 3-7-17)

16.36.130 - Sign menu.

Applicants may pick and choose any type of sign as it applies to each use listed in the left hand column.

Totals for all signage allowed on a site are cumulative and is based on the following formula: three square feet of signage allowed per one lineal foot of principal building(s) frontage that faces a street, alley or parking lot with customer entrances.

This matrix is intended to address permanent signs. For temporary, off-site and special event signs, refer to the sign regulations (Chapter 16.36 of the Municipal Code).

This matrix shows size and height limitations for each type of sign, as well as street frontage requirements for freestanding and monument signs.

Exceptions are subject to a site sign plan approved by the city planning division in conjunction with the project.

N/A = Not allowed.

(Ord. 288 § 4 (Exh. A (part)), 2000)

Chapter 16.40 - HILLSIDE DEVELOPMENT REGULATIONS

Sections:

The purpose of this chapter is to establish standards and guidelines for the review and approval of development on hillsides and other slopes, as defined below, which, due to their topography, require special consideration to assure that they are developed in a way that will substantially maintain their natural character and environmental and aesthetic values in accordance with the provisions set forth in this chapter.

(Ord. 228 Exh. A (§ 1), 1996)

Hillside areas include all those areas which have a slope of twenty (20) percent or greater. This chapter does not apply to lots for which an active tentative map was approved prior to the effective date of this chapter and which is developed in accordance with the general plan. This chapter also does not apply for any project for which a specific plan has been adopted.

(Ord. 228 Exh. A (§ 2), 1996)

A.

To preserve the most visually significant slope and ridgelines in as natural a condition as possible;

B.

To minimize the effects of grading and ensure that the natural character of the hillside is retained;

C.

To preserve, to the maximum extent possible, visually significant rock outcroppings, native plant materials, natural hydrology, and areas of historical or visual significance identified by the general plan or the

environmental review process;

D.

To preserve views of significant visual features as viewed both from within the project as well as from outside the project area;

E.

To encourage a variety of structures and foundations, gracing techniques, lot sizes, site design and spacing of homes and developments;

F.

To discourage mass grading of large pads and excessive terracing;

G.

To provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and to provide for emergency vehicles access necessary to serve hillside areas, including access to open space within the project;

H.

To provide for safety against unstable slopes subject to erosion and deterioration in order to protect lives and property.

(Ord. 228 Exh. A (§ 3), 1996)

16.40.040 - Slope analysis requirements and criteria.

A.

Overall residential density within projects involving hillside areas shall not exceed the designation(s) shown on the general plan land use map.

B.

For the purpose of this section, slope shall be defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The percent of any given slope is determined by dividing the rise by the run on the natural slope of the land.

C.

For the purpose of determining the amount and location of land falling into each slope class, the applicant shall submit a slope analysis map consisting of a base topographical map of the subject property. The map is to be prepared and signed by a qualified person, such as a civil engineer or land surveyor, in accordance with the Business and Professions Code. Such a map shall have a scale of not less than one inch to two hundred (200) feet and a contour interval of not more than two feet within areas of less than twenty (20) percent slope and a contour interval of ten feet where the slope is twenty (20) percent or more. The map

shall also include all adjoining property within one hundred (100) feet of the site boundaries. A tabulation of the amount of land within the project area for each slope class shall be provided.

D.

In preparing a slope analysis map, those small portions of ravines, ridges and terraces of less than one hundred fifty (150) feet in width at their widest measurement, which extend into an area of a different slope class, shall be regarded as part of that bordering slope class.

E.

The slope analysis map shall be submitted in conjunction with any site plan review, conditional use permit or subdivision application affecting land within the scope of this chapter. The reviewing authority for a project involving hillsides should be determined by the application filed as specified in Chapter 16.12.

F.

A soils report shall also be submitted with the application to develop land within the scope of this chapter. The report shall identify any unsafe conditions that may limit or preclude development and shall be prepared by a licensed civil engineer or other qualified person in accordance with the Business and Professions Code.

G.

The maximum density and the percent of a site area to remain in a natural state within each slope class shall be determined by a slope analysis that is applied to the slope-density/natural-area table shown below:

Slope-Density/Natural-Area Table

H.

Grading of any site shall be based on the applicable slope class as described below:

I.

Building setbacks, grading, construction, maximum slope heights, and slope drainage facilities shall be designed in accordance with standard engineering practices, the development code, applicable chapters of the Building Code and procedures established by this chapter.

J.

The building official may require special construction methods of structures where it has been determined to have potential geologic or soils hazards.

K.

Any fuel modification areas or planted slopes shall be landscaped and maintained in accordance with the Hesperia Recreation and Park District and Fire Marshal.

L.

Sloped areas not included as part of a private lot shall be dedicated to the park district and annexed into the district's landscape and lighting maintenance district. An exception to this requirement will be considered for projects within planned developments that include the formation of a homeowners association. The association shall be formed for the purpose of maintaining common amenities such as golf courses, club houses, or pools as well as common landscaping. Associations formed for the sole purpose of maintaining streets and right-of-way landscaping are not acceptable.

(Ord. 228 Exh. A (§ 4), 1996)

(Ord. No. 2021-01, 3(Exh. A), 6-1-21)

Runoff from activities subject to a development permit shall be properly controlled to prevent erosion and downstream flooding. Erosion control and surface flow containment facilities stall be constructed and maintained to prevent discharge of sediment to surface waters or storm drainage systems. The following

measures shall be used for runoff control, and shall be adequate to control runoff from a one hundred (100) year storm:

A.

The identification of building and access envelopes and nonbuildable areas required to minimize disturbance of erodible areas of any proposed development site;

B.

All development drainage systems shall be designed to the satisfaction of the city engineer to mitigate effects of runoff, in accordance with the San Bernardino County Flood Control District Hydrology Manual and good engineering practice. Detention and/or retention facilities shall be provided to mitigate increases in runoff from storms of varying intensity. Desilting and/or debulking facilities shall be provided where necessary to ensure the storm drain system will function as designed;

C.

Any concentrated runoff which cannot be effectively dispersed over nonerodible channels or conduits to the nearest drainage course shall be contained within on-site percolation devices. Where water will be discharged to natural ground or channels, appropriate energy dissipators shall be installed to prevent erosion at the point of discharge;

D.

Runoff from disturbed areas shall be treated in a manner satisfactory to the city engineer to prevent the escape of sediment from the disturbed area;

E.

No earth, organic or construction material shall be deposited in or placed where it may be directly carried into a stream, lake, marsh, slough, lagoon or body of standing water. It is the developer's responsibility to secure and maintain any required storm water pollution prevention program and National Pollution Discharge Elimination System Permits from the State Regional Water Quality Control Board;

F.

Where land-disturbing activities are in proximity to lakes or natural watercourses, a buffer zone is required along the land-water margin of sufficient width to confine visible siltation within twenty-five (25) percent of the buffer zone nearest the land-disturbing activities;

G.

Where possible, drainage channels should be placed in less visible locations, and more importantly, should receive a naturalizing treatment including native rock, colored concrete, and landscaping so that the structure appears as an integral part of the environment. In all cases, a suitable liner shall be designed in accordance with city standards;

H.

Natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the area.

(Ord. 228 Exh. A (§ 5), 1996)

These hillside development guidelines are intended to facilitate the appropriate development of hillside areas. These guidelines are not intended to be strict standards, but rather, to provide direction to encourage development which is sensitive to the unique characteristics common to hillside properties. Their purpose is not to restrict an individual from proposing an innovative or alternative method of design in a hillside area; innovation is, in fact, encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this chapter and in the goals and objectives of the general plan.

A.

Site Design.

1.

Design of building sites should be located to the natural terrain. Structures should be located in such a way as to minimize necessary grading and to preserve natural features such as prominent knolls or ridgelines.

2.

Preserve views of significant visual features as seen from both within and outside a hillside development. When designing lots and plotting homes, the following provisions should be taken into consideration.

a.

Homes constructed along ridgelines shall be designed to be compatible with the general gradient of the existing landform. The developer should avoid architectural styles that over emphasize vertical surfaces and disrupt the natural silhouette of the ridge.

==> picture [468 x 591] intentionally omitted <==

b.

Homes should be oriented to allow view opportunities, although such views may be limited; however, residential privacy should not be unreasonably sacrificed.

==> picture [468 x 343] intentionally omitted <==

c.

Homes should be located in a manner that will retain outward views from each unit and preserve or enhance vistas, particularly those seen from public places.

==> picture [468 x 171] intentionally omitted <==

d.

Any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be protected.

Significant visual features, such as large rock formations or groupings of protected plants or trees, shall be given special consideration in the design of the subdivision. Disturbance of such areas shall be avoided, unless in conflict with construction safety requirements or fire prevention standards.

B.

Walls and Fences. Walls and fences can be used to define a sense of place and create an attractive appearance. However, walls should not dominate a view, and their height should be limited adjacent to a street or trail or within a rear yard. Terracing and extensive landscaping can reduce the effective bulk. In addition, street front walls should incorporate varying design and natural materials. The use of open view fencing is encouraged, so long as adequate public safety and residential privacy are maintained.

1.

Retaining walls used to create pads or yard areas shall be minimized. Where possible, the structure shall be located to conceal the wall and cut slope. Where retaining wall or fences are adjacent to roads or are visible from public areas, they shall be built, where feasible of natural materials indigenous to the area. Non-native materials designed and colored to blend in with the surrounding area may be substituted.

==> picture [468 x 355] intentionally omitted <==

2.

Introduction of landscaping within hillside areas should make maximum use of texture, color, be capable of blending in with the natural landscape and help soften the effects of buildings, walls, pavement and

grading.

3.

Retaining walls or other support structures should be designed to minimize their visual impact through techniques such as terracing, crib walls, and appropriate landscaping.

==> picture [468 x 343] intentionally omitted <==

4.

Where retaining structures are required for hillside roads, efforts should be made to integrate them with the foundation walls of the adjacent residence and natural materials should be used in conjunction.

==> picture [469 x 188] intentionally omitted <==

C.

Driveways and Roadways.

1.

Roadways should conform to the natural landform. They should not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. Reduced road sections, split sections, and parking bays should be considered in the layout of hillside streets to reduce grading.

==> picture [468 x 264] intentionally omitted <==

2.

Local road and driveway alignments shall be designed to conform to existing topography and to minimize grading. Road grades shall be kept as flat as possible. Roads exceeding ten percent and driveway grades exceeding fourteen (14) percent require design to the satisfaction of the city engineer. Collector and larger roads shall have grade limits reviewed on a case by case basis.

3.

Driveways shall be designed to provide for approved fire access lanes to any structure more than one hundred fifty (150) feet from a public street. Access roads shall be a minimum of twelve (12) feet in width, and have a vertical clearance of thirteen (13) feet, six inches. The maximum grade shall be twelve (12) percent for asphalt and fifteen (15) percent for concrete. All cases exceeding these standards shall be reviewed on a case by case basis by the fire chief in accordance with the fire protection standards of the Hesperia Fire Protection District.

D.

Grading.

Contour grading techniques should be used to provide a variety of both slope percentage and slope direction in a three dimensional undulating pattern similar to existing, adjacent terrain. The following concepts should be utilized:

a.

Hard edges left by cut and fill operations should be given a rounded appearance that closely resembles the natural contours of the land.

==> picture [468 x 382] intentionally omitted <==

b.

Manufactured slopes adjacent to roadways should be modulated by sufficient berming, regrading and landscaping to create visually interesting and pleasing streetscapes.

==> picture [468 x 166] intentionally omitted <==

c.

Where cut or fill conditions are created, slopes should be varied rather than left at a constant angle which may be unstable or create an unnatural, rigid, "engineered" appearance. Portions of the graded slope may exceed the maximum allowed within the slope class in order to achieve this objective.

==> picture [468 x 257] intentionally omitted <==

d.

The angle of any graded slope should be gradually adjusted to the angle of the natural terrain.

==> picture [468 x 265] intentionally omitted <==

e.

When adjacent pad elevations exceed ten feet, and terrace grading techniques are used, the pad configuration should be softened with variable, undulating slopes created to give a more pleasing and natural appearance.

==> picture [469 x 433] intentionally omitted <==

(Ord. 228 Exh. A (§ 6), 1996)

Chapter 16.44 - SURFACE MINING AND RECLAMATION

Sections:

A.

The city recognizes that the extraction of minerals is essential to 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 and safety. The city also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

B.

The purpose and intent of this chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "state regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.), to ensure that:

1.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses;

2.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment;

3.

Residual hazards to the public health and safety are eliminated.

(Added during 1997 codification)

16.44.020 - Definitions.

The definitions set forth in this section shall govern the construction of this chapter.

"Area of regional significance" means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

"Area of statewide significance" means an area designated by the board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Haul road" means a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

"Idle" means surface mining operations curtailed for a period of one year or more, by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those

surface mining operations at a future date.

"Mined lands" means the surface, subsurface and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands

are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

"Stream bed skimming" means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same).

(Added during 1997 codification)

The provisions of SMARA (PRC Section 2710 et seq.), PRC Section 2207, and state regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

(Added during 1997 codification)

16.44.040 - Scope of provisions.

A.

Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the city. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the city, including but not limited to, the application of CEQA, the requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the city, public and private.

B.

This chapter shall not apply to the following activities, subject to the above-referenced exceptions:

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.

On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

a.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA," Public Resources Code, Division 13, Section 21000 et seq.),

b.

The city's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA,

c.

The approved construction project is consistent with the general plan or zoning of the site,

d.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued;

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

a.

The plant site is located on lands designated for industrial or commercial uses in the city's general plan,

b.

The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the city,

c.

None of the minerals being processed are being extracted onsite,

d.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976;

4.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location of one acre or less.

5.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose;

6.

Any other surface mining operations that the city determines to be of an infrequent nature and which involve only minor surface disturbances;

7.

Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

(Added during 1997 codification)

A.

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial

changes have been made in the operation except in accordance with SMARA, State regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

B.

All other requirements of state law and this chapter shall apply to vested mining operations.

(Added during 1997 codification)

A.

Applications for a site approval or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning department. The application shall be filed in accord with this chapter and procedures to be established by the planning director. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Section 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the planning director. As many copies of the site approval application as may be required by the planning director shall be submitted to the planning department.

B.

As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for site approvals for surface mining operations. For surface mining operations that are exempt from a site approval pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the city at one time.

C.

Applications shall include all required environmental review forms and information prescribed by the planning director.

D.

Upon completion of the environmental review procedure and filing of all documents required by the planning director, consideration of the site approval or reclamation plan for the proposed or existing surface mine shall be reviewed at a duly noted public hearing before the planning commission, and pursuant to Section 2774 of the Public Resources Code.

E.

Within thirty (30) days of acceptance of a complete application for a site approval for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred (100) year flood plain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

F.

Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a site approval is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the site approval. However, the planning commission may defer action on the site approval until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the site approval with the condition that the planning department shall not issue the site approval for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty (30) days to review and comment on the reclamation plan and forty-five (45) days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. In particular, when the planning commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant.

G.

The planning commission shall then take action to approve, conditionally approve, or deny the site approval and reclamation plan, and to approve the financial assurances pursuant to PRC Section 2770(d).

H.

The planning department shall forward a copy of each approved site approval for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(Added during 1997 codification)

A.

All reclamation plans shall comply with the provisions of SMARA (Section 2772 and Section 2773) and state regulations (CCR Section 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Section 3700—3713).

B.

The city may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of citywide performance standards.

C.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: (1) the beginning and expected ending dates for each phase; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation.

(Added during 1997 codification)

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. The statement shall be kept by the planning department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record.

(Added during 1997 codification)

16.44.090 - Findings for approval.

A.

Site Approvals. In addition to any findings required by the municipal code, site approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B.

Reclamation Plans. For reclamation plans, the following findings shall be required:

1.

That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

2.

That the reclamation plan complies with applicable requirements of State regulations (CCR Section 35003505, and Section 3700-3713);

3.

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the city's general plan and any applicable resource plan or element;

4.

That the reclamation plan has been reviewed pursuant to CEQA and the city's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

5.

That the land and/or resources to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable offsite development will compensate for related disturbance to resource values;

6.

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan;

7.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the city's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

(Added during 1997 codification)

A.

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an

accredited financial institution, or other method acceptable to the city and the State Mining and Geology Board as specified in state regulations, and which the city reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the city and the State Department of Conservation.

B.

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C.

Cost estimates for the financial assurance shall be submitted to the planning department for review and approval prior to the operator securing financial assurances. The planning director shall forward a copy of the cost estimates, together with any documentation received supporting the amount or the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five (45) days of receipt of these estimates, it shall be assumed that the cost

estimates are adequate, unless the city has reason to determine that additional costs may be incurred. The planning director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and State regulations.

D.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the planning director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

E.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G.

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. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H.

Revisions to financial assurances shall be submitted to the planning director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

(Added during 1997 codification)

A.

Within ninety (90) days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all site approval conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

B.

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

C.

Upon receipt of a complete proposed IMP, the planning department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least thirty (30) days prior to approval by the planning commission.

D.

Within sixty (60) days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty (30) days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The planning commission shall approve or deny the revised IMP within sixty (60) days of receipt. If the planning commission denies the revised IMP, the operator may appeal that action to the city council/board of supervisors.

E.

The IMP may remain in effect for a period not to exceed two years, at which time the planning commission may renew the IMP for another period not to exceed two years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

(Added during 1997 codification)

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the city planning department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty (30) days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

(Added during 1997 codification)

16.44.130 - Inspections.

A.

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 16.44.120, to determine whether the surface mining operation is in compliance with the approved site approval and/or reclamation plan, approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. The inspections may be made by a state-registered geologist, state-registered civil engineer, statelicensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve (12) months, or other qualified specialists, as selected by the planning director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

B.

The planning department shall notify the State Department of Conservation within thirty (30) days of completion of the inspection that the inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

(Added during 1997 codification)

If the planning director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable site approval, any required permit and/or the reclamation plan, the city shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the city development code for revocation and/or abandonment of a site approval which are not preempted by SMARA.

(Added during 1997 codification)

Any person aggrieved by an act or determination of the planning department in the exercise of the authority granted herein, shall have the right to appeal to the planning commission or the city council, whichever is the next higher authority. An appeal shall be filed on forms provided, within fifteen (15) calendar days after the rendition, in writing, of the appealed decision.

(Added during 1997 codification)

The city shall establish by resolution such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the city, at the time of filing of the site approval application, reclamation plan application, and at such other times as are determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

(Added during 1997 codification)