Chapter 24.08 — FLOODWAY OVERLAY ZONE—F

The Floodway Overlay Zone F is intended for application in those areas of the city within floodways or water courses in which flood control structures and facilities are either required or planned to be installed or improved. In order to protect the public health, safety and welfare, the construction of buildings and structures within such areas shall be prohibited until adequate flood protection facilities are constructed or guaranteed to be constructed and temporary alternate arrangements are made to protect persons and property.

Whenever the following words or terms are used in this chapter they shall have the meaning ascribed to them in this section:

A.

"100 YEAR FLOOD" means a flood level with a one percent or greater chance of being equaled or exceeded in any given year, which is determined from an analysis of historical flood and rainfall records and computed in accordance with the latest edition of the San Diego County Hydrology Manual and the latest Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA).

(Ord. 2002-2726 § 1; November 12, 2002)

B.

"FLOODWAY" means the channel of a watercourse and the adjacent land areas required to carry and discharge a flood.

C.

"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (i) before the improvement is started or (ii) if the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of a building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations.

D.

"WATER COURSE" means any waterway, gully, ravine, ditch, channel, canal, conduit, culvert, or drain in which waters flow in a definite direction or course either continuously or intermittently and includes any area adjacent thereto subject to inundation from a 100 year flood.

All uses and structures permitted in the underlying zone shall be subject to the same conditions and restrictions applicable to such zones and the following:

a.

The construction of new or substantial improvements of permitted residential structures shall not be permitted unless the lowest floor (including basement) is elevated to or above the level of the 100 year flood.

b.

The construction of new or substantial improvements of non-residential structures shall not be permitted unless the lowest floor (including basement) is elevated to or above the level of the 100 year flood or the structure, including attendant utility and sanitary facilities, is floodproofed to the level of the 100 year flood.

c.

The improvement of the building site, either initially or after a principal use has been established, shall not involve any of the following unless a permit to do so has been first obtained from the City Engineer: (i) impair, impede, or accelerate the flow of water in a water course (ii) alter the surface of land by construction, excavation, embankment or otherwise, so as to reduce the capacity of a water course (iii) construct, alter, or remove any flood control or storm water drainage structure facility or channel of or in a water course (iv) construct or place any structure in, upon, or across a water course or (v) place earth fill or encroachments that would impair the ability of the water course to carry and discharge the waters resulting from the 100 year flood.

Prior to the construction of any new or substantial improvements of structures or the establishment of any use, other than agriculture, on a parcel of land affected by a water course, the following requirements must be satisfied:

a.

A flood control facility to accommodate the 100 year flood plus one foot freeboard shall be designed and constructed in accordance with city standards and to the satisfaction of the City Engineer.

b.

An easement of adequate width to accommodate the flood channel, together with a 10′ wide access road shall be granted to the City of La Mesa, if the city accepts the maintenance of such facility.

A property owner shall submit detailed plans for development of the property showing proposed grading, vehicular access, parking areas, proposed land use, floor elevation and location of buildings together with a recommended proposal for necessary flood control facilities. If it is demonstrated to the satisfaction of the City Engineer that it would be an advantage to the property owner to delay actual construction of the flood control facility and such delay would not create hazards to adjacent property or to persons in the area, the City Engineer may recommend to the City Council and the City Council may accept a performance bond or other improvement security to guarantee the installation of such facility.

Chapter 24.09 - SCENIC PRESERVATION OVERLAY ZONE — P

Sections:

This chapter establishes regulations for the recognized scenic areas within the city, the character of which could be permanently damaged by actions involving the development and use of land without special regulations to prevent or mitigate such damage.

All uses and structures permitted in the underlying zone shall be subject to the same conditions and restrictions of such zone and the following:

A.

The improvement of the building site either initially or after a principal use has been established shall not involve alteration of the surface of the land by construction, excavation, filling, or otherwise, through which trees would be removed, water courses would be altered, or earth banks exceeding 3 feet in height would be created unless the development is first submitted to and approved by the Planning Commission.

B.

Insofar as feasible, natural topography, vegetation, and scenic features of the site shall be retained and incorporated into each proposed development. The design of the foundation and structure for each proposed building shall accommodate the natural terrain with minimal grading. All other uses of the land including swimming pools, parking areas, etc. shall be subject to the general requirements for buildings.

Irrespective of the minimum size requirements for lots as provided in the underlying zone regulations, the width and depth of lots shall be increased by the total average width plus height of any earth cut or filled slope steeper than 4 feet high to 1 foot base adjacent the side lot line/s for increase of width or adjacent the front or rear lot lines for increase in depth.

All building sites shall be landscaped and maintained. In connection with each proposed development a landscaping plan shall be submitted with application for building permit. Such plan shall show location,

size, and type of all trees proposed to be removed together with the size, location, and type of all trees proposed for replacement. All specimen trees shall be replaced with healthy trees also of specimen size except where this requirement is relieved by the Planning Commission upon justification.

All natural or created earth slopes shall be provided with a permanent underground irrigation system. All disturbed earth must be planted to control the erosion. All vegetation on either artificial or natural slopes shall be maintained.

Chapter 24.10 - BRIER TRACT OVERLAY ZONE — BT*

Sections:

This chapter establishes development standards for a unique residential area of the city. The area includes lots fronting on Brier Road, Bramble Road, Briercrest and Nokomis in the Brier Tract. When compared to more urbanized areas the Brier Tract is relatively rural and a "rustic" atmosphere has been established for the area.

In order to maintain the rustic atmosphere of the Brier Tract the following development standards shall apply in addition to those of the underlying zone:

A.

Streets: All streets shall conform to the Brier Tract standards for rural roads. Note: The standard below is intended to be a flexible standard. A 40′ right of way is required with an 18′ travelway and an 8′ parking bay. When designing the street the City Engineer shall vary the location of the travelway within the right of way so as to avoid trees and other environmental disruptions.

No road improvements shall be required without a public hearing before the City Council.

Brier and Bramble Roads shall not be made through streets.

B.

Parking: In addition to the two parking spaces in a garage, each house must provide four additional spaces. Of the four additional spaces, three may be provided in a dedicated parking bay designed in accordance with the Brier Tract Standard for rural roads.

C.

Landscaping: Regardless of any other standard, four trees shall be required on every lot within the Brier Tract Overlay zone. Two of the required four trees shall be placed in the front setback area and the required trees shall be not less than ten feet high and three inches in girth.

D.

Lot size and slope: The minimum lot size within the Brier Tract area is 10,000 square feet; however, this minimum size shall be increased for lots which exceed 8% slope. The minimum lot size shall be increased in accordance with the following formula:

(1)

For each 1% of slope exceeding 8% the lot size shall be increased 600 square feet.

E.

Setback requirements: The minimum front setback shall be 25 feet. All other setbacks of the underlying zone shall be observed.

F.

Setbacks for accessory buildings and equipment: Accessory buildings and swimming pools shall be set back at least 10 feet from any side or rear lot line and 25 feet from the front lot line. Mechanical equipment including air conditioners and swimming pool equipment shall

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be setback from any lot line 15 feet, except that any equipment within a front yard shall be installed in a completely below ground vault.

G.

Public Utilities: Public utility poles or structures shall not be erected to furnish utilities to new buildings or uses except as may be permitted by the La Mesa City Council.

Chapter 24.11 - URBAN DESIGN OVERLAY ZONE — D

Sections:

A.

All new development and major renovations or remodeling of property within the Urban Design Overlay Zone shall be subject to the requirements of the Urban Design Program and approval by the Design Review Board and City Council in accordance with Resolution No. 15540. This zone is used to supplement the required land use regulations that are reviewed under the standard provisions of the Zoning Ordinance. Projects developed within this overlay zone will be evaluated on their compliance with both the unique design criteria that pertain to the visually sensitive areas and the general development guidelines established by the Urban Design Program established in Resolution No. 15539.

B.

The Urban Design Overlay Zone may be amended from time to time to reflect updates to the program, the La Mesa General Plan, or other changes in the physical development or environment of La Mesa which necessitate a change in the Overlay Zone in order to maintain consistency with the Urban Design Program or Urban Design Review procedures.

C.

This section shall not apply to adult businesses as defined in Chapter 7.10, Section 7.10.020 of this code.

(Ord. 2478 § 1; October 27, 1987: Ord. 2008-2789 § 3 (part); April 8, 2008)

Chapter 24.12 - NEIGHBORHOOD PLAN OVERLAY ZONE

(Ordinance 2198; September 13, 1979)

Sections:

This chapter establishes developmental standards for a unique residential area of the city. The area includes lots 100′ north of Normal Avenue fronting on Maple Avenue and lots 140′ north of Normal Avenue fronting on Dale, south of the Westwood Village Condominiums. Unlike other single family residential neighborhoods in La Mesa, this area has exceptionally large lots which cannot be subdivided in a conventional manner. This overlay zone is established to provide regulations for subdivision of said lots.

All uses and accessory uses of the underlying zone shall be permitted.

All subdivision of land shall be pursuant to the City of La Mesa Subdivision Ordinance, Title 22, and the Director of Planning shall require the following conditions as prerequisite to subdivision and development of any property.

A.

Sewer and Storm Drain System: The developer of newly created lots shall be required to participate in the extension of the sewer and storm drain systems between Maple and Dale Avenues, as required by the City Engineer. Said participation shall be one of the following:

1.

When the northerlymost property line of a parcel to be developed is 75 feet or less from the existing sewer and storm drain improvements for Maple and Dale, said sewer and storm drain shall be extended to the southerlymost property line of the parcel to be developed.

2.

When the northerlymost lot line is 75.1 feet or more from the existing sewer and storm drain improvements, a lien agreement shall be recorded which insures participation and a financial obligation for the extension of the systems. The financial obligation shall cover the cost of extending the system from 75 feet north of the northerly lot line to the southerly lot line to be divided. The City Engineer shall call for the lien when the systems are within 75 feet of the northerlymost line of said lot.

3.

When a property to be developed has a sewer and storm drain existing between Maple and Dale, the owner shall pay the cost of extending the systems to the City for reimbursement to the developer of said systems.

B.

Dedication and Improvements: The dedication of land and the improvement of the frontage along Maple and Dale shall be required or guaranteed in connection with development of any parcel.

C.

Fire Hydrants: To insure that adequate fire protection is provided fire hydrants shall be placed every 350′ along Maple and Dale Avenues. A lien agreement shall be recorded for each lot which insures participation and a financial obligation for extension of an adequate fire protection system, said lien shall be of an amount equal to 1/22 the cost of the entire system. Said lien will be called when the number of liens pending will allow the fire chief to install a hydrant.

A.

Lot Width and Depth: Lot width and depth shall be the same as the underlying zone. (Exception - Those lots which were less than 60 feet wide prior to July 24, 1979 shall be permitted to be divided when all other provisions of this chapter are followed.)

B.

Setbacks: Setback from access driveway shall be 5′. All other setbacks in the underlying zone shall be observed.

C.

Fencing: Fences in the interior lot may be 6 feet in the front setback without a special permit. All other regulations of the underlying zone regarding fences shall be observed.

D.

Access: Access to lots which do not have frontage on Maple or Dale shall be provided by an easement across a lot which has frontage on either street. Access may not go across a lot which does not have frontage on Maple or Dale.

E.

Driveways Standards and Limitations: A subdivision approved pursuant to this chapter shall be designed so as not to add to the number of driveways on Maple or Dale and all driveways shall conform to the following:

1.

A 12′ wide driveway of asphalt or other similar material shall be required when shared by 2 dwellings.

2.

A 18′ wide driveway of asphalt or other similar material shall be required when shared by 4 dwellings.

3.

An unobstructed turnaround area shall be provided for each access driveway, as approved by the Director of Planning.

4.

A covenant of conditions and restrictions, approved by the City Attorney, shall be recorded in the office of the County Recorder regarding the maintenance of driveway and access rights.

Chapter 24.13 - HILLSIDE OVERLAY ZONE — H

(Ordinance 2215; March 13, 1980)

Sections:

This chapter establishes standards and regulations for the reasonable development of the designated hillside areas in order to reduce the impact of such development on adjacent residential areas.

All uses and accessory uses of the underlying zone shall be permitted.

Any subdivision authorized may be accomplished in phases with approval of the Planning Commission if, after a public hearing, the Commission finds that the development authorized will not result in the introduction of traffic onto the existing sections of Eastridge Drive, Tungsten Drive and Highwood Drive, as developed within the Eastridge Subdivisions, Maps 3586 and 4501, and Eastridge Vista, Map No. 5108, unless the street/s within the unit connects with other street/s external to said subdivisions.

Further, the Planning Agency shall review any conditions of approval for the entire project and recommend to the Commission those conditions applicable to any particular phase.

The following are requirements which must be complied with prior to the issuance of any building or grading permit and prior to other actions as specified:

A.

Grading. Prior to the approval of any improvement plan for streets, a complete grading plan including a blasting plan and plan for access for construction equipment for each approved unit shall be submitted to and approved by the Planning Commission to achieve the objectives of minimal grading and to provide for optimum siting for each proposed dwelling and landscaping in accordance with the objectives set forth in Document No. 33092 (Tentative Map No. 78-17). The approved grading plan, blasting plan and access plan shall be requirements of this Title.

The re-grading of any individual lot shall not be permitted except in accordance with a revised grading plan for that lot, which plan meets all of the development goals established for the subdivision.

Blasting, if necessary to accomplish any grading, shall be done only by a licensed blasting contractor. The explosive charges used in such blasting shall be limited to a peak soil velocity level of 0.4 inches per second and shall, in no case, be of such strength as to damage adjacent properties.

All earth slopes as a result of grading shall be formed to have a natural appearance.

B.

Preservation of endangered species of plants and landscaping. Coincidental with the submission of the grading plan, a landscaping plan and plan for preservation of the endangered species of plants identified in the environmental impact report for said Tract No. 78-17, shall be submitted to and approved by the Planning Commission.

Prior to issuance of any grading permit the developer shall furnish evidence to the Department of Building and Housing of compliance with the approved preservation plan.

24.13.05 - Modified regulations and special development standards.

A.

Side Setback. The required side setback from one side lot line may be reduced or eliminated for any dwelling and the provision for projection of building appendages may be increased subject to the following conditions:

1.

An accessway at least three feet wide adjoining that side of the dwelling shall be provided to allow the dwelling to be maintained.

If the setback is eliminated, an easement, at least 3′ wide over the adjoining lot to provide for said access and roof projections shall be conveyed to the owner of the lot which it benefits.

The side setback on the opposite side of the dwelling shall be required to be 30′ except as otherwise approved by the Planning Commission but in no case less than 20′.

3.

No reduction shall be permitted for any lot abutting the subdivision boundary, or lot on which a reduced or eliminated side setback has been allowed.

4.

No modification shall be permitted except in accordance with a comprehensive development plan approved by the Planning Commission prior to the issuance of a building permit.

B.

Minimum Lot Area. The minimum area of each lot shall not include the area within a public utility easement adjoining the street right of way.

C.

Architectural and Site Plan Review. The Planning Commission shall review the architectural features of each dwelling unit constructed within the zone to insure compliance with City objectives and compatibility with the area. Particular attention shall be paid to the treatment of roofs insuring the utilization of non-glare materials and the avoidance of unsightly mechanical equipment on the roof such as air conditioners. (This shall not preclude antennas otherwise permitted in the zone). The Commission shall review the location of each dwelling on its lot to insure that the design maximizes the utilization of natural ventilation and the potential use of solar heating.

In order to provide a reasonable protection of views from neighboring lots the commission may restrict the location of the dwelling unit on the site and may require the modification of the landform of the lot. The owners of property from neighboring lots within 300 feet of the property to be developed shall be notified of the date and time for Planning Commission review.

D.

Fire Protection Required Prior to Construction. Water supply and fire hydrants sufficient for fire fighting purposes shall be available before building materials are transported to any building site. No building permit shall be issued until certification from either the Fire Marshal of the City of La Mesa or the Helix Water District has certified that the required water supply and fire hydrants have been provided and are in service.

E.

Street Surface Requirements during Construction. All roads used in connection with construction shall be surfaced with all weather surfacing material prior to the framing state of buildings under construction.

F.

Roof Materials. All buildings constructed within this zone shall utilize a roof material which meets the specifications of the Uniform Building Code for Class B roofs.