La Verne Municipal Code Ch. 16.34 Development Policies Applicable to Land Division

In reviewing the conformance of any proposed subdivision with the city's general plan, the approving body (including but not limited to city council, planning commission, development review committee or community development director), shall verify compliance of the proposed subdivision or parcel map with the following policies:

A. Provision of minimum open space of not fewer than ten acres per one thousand population (or fraction thereof) estimated to be served by that subdivision. Constrained areas deeded to the city, or deed restricted as an undisturbed, natural open space amenity, qualify to meet this requirement where the approving body finds that these areas are of sufficient size and quality to be usable. Fire perimeter zones in which bush and trees have been cleared shall not qualify for purposes of this section.

B. Compliance with the net density calculation provisions of the general plan and community design elements as expressed in Sections 16.26.100 and 16.26.105 of this title and the land use element.

C. Adequate provision of public facilities and services, including proof that:

1. Concept circulation, grading and drainage plans have been developed to show connections with surrounding parcels;

2. These plans have been shown to and reviewed by surrounding property owners, in a manner sufficient to satisfy the decisionmaking bodies that these subjects are adequately addressed. Written documentation shall be provided;

3. A mechanism has been established to provide for the funding of drainage and debris basin improvements, or other protection of equal value accepted by the Los Angeles County department of public works and the city for all properties affected;

4. To the satisfaction of the planning commission, the quality of development proposed is of a density, character and design suitable and consistent with adjoining parcels;

5. No development occurs above elevation of one thousand seven hundred eighty feet unless full public facilities for water, sewer and fire service meeting general plan standards are approved by the city engineer;

6. Decorative lights, amenities and landscaped medians along peripheral arteries have been provided, consistent with the community design element of the general plan, to the satisfaction of the community development director.

D. Compliance with provisions of the community design and cultural resource chapters, including:

1. Historic preservation policies;

2. Infill standards;

3. Reduction of impacts on adjoining neighborhoods and jurisdictions;

4. Incorporation of mixed use design where permitted by the general plan and zoning ordinance (including specific plans).

E. Protection of trees:

1. Preservation of significant stands of trees including but not limited to native species trees as specified in the general plan;

2. Where tree preservation is not possible, the city may require the relocation of existing trees to other developments or other portions of the same project. Such relocations shall be bonded to provide for same-size replacement should the relocated trees not survive. In no event shall this policy be considered an exemption from subsection (E)(1) of this section;

3. Where native species trees must be removed, the city shall require replacement at a four to one ratio. The city may require a mixture of sizes and ages so as to provide a natural-looking environment but in no event shall minimum replacement size be less than four twenty-four-inch box trees for any tree of ten-inch caliper or greater;

4. Where natural riparian habitats have been damaged from previous development, the city may require remedial landscaping, grading and drainage improvements to restore the area's character and appearance to its natural state;

5. Existing riparian and wilderness habitats shall be protected;

6. The city shall protect native species or landmark trees by ensuring that protection or relocation is accompanied by a minimum five-year maintenance program secured by a contract with a qualified, city-approved arborist.

Table 16.34.010 Preservation of Important Plant Material

F. Design concept compliance as follows:

1. Backcut grading behind minor ridges sufficient to conceal the full height of residential development behind the ridge. No grading shall occur along major ridges;

2. Backdrop landscaping with heavy complements of trees, native or drought-resistant shrubs sufficient to reduce erosion and present a natural, undisturbed appearance;

3. Use of natural building forms and materials associated with the historic patterns of architectural design and environmental character common to foothill citrus belt communities as described in the community design chapter of the general plan.

a. Hillside architecture shall not dominate the environment. Rather, its forms shall mimic the natural contours of the hills; its colors should complement chaparral and earthen tones; and its materials shall complement the natural landscape,

b. Hillside subdivision shall incorporate up-hill and down-hill lot patterns which reflect the differences in units above and below street level,

c. Hillside projects shall incorporate drought-resistant landscape plantings emphasizing plants complementary to the California chaparral. Table CD-2 of the community design chapter of the general plan includes a list of suitable plants,

d. Low-rise lighting fixtures shall be used wherever possible. They shall be deflected away from residential properties,

e. Hillside plantings shall reflect fire safety zones.

G. Significant Vegetation. New development shall protect existing stands of significant trees and vegetation wherever they occur. These include the species identified in the city's community design element and heritage trees as specified by the city council. The city landscape architect shall determine areas of significant vegetation when reviewing initial development applications.

H. Watercourses. In new development adjoining watercourses, flood control channels and other waterways, the city shall require:

1. That any changes to the natural appearance of the channel be mitigated by sensitive grading, complementary planting techniques and landscape treatments designed to conceal fencing;

2. That development adjoining concrete flood control channels incorporate transitional landscaping at street crossings;

3. That wherever possible, watercourses shall be combined with pedestrian amenities: riding and hiking trails, scenic corridors, linear parks, greenbelts and other landscape features. The developer of a proposed project should consider not only the landscape and cross section of such facilities, but show how they can be interconnected with other elements of the city's trail and street systems;

4. That flood control channels shall be treated at any place where they cross public streets with a combination of river rock, landscaping, decorative fencing and pedestrian/equestrian trails.

(Ord. 858 § 3, 1994)

Applications for land division within the Foothill Boulevard corridor shall comply with the provisions of the Foothill Boulevard specific plan with respect but not limited to the following issues:

A. Interparcel Access. Commercial subdivisions and parcel maps shall include reciprocal easements or other guarantee approved by city engineer sufficient to provide permanent interparcel access between adjoining commercial developments;

B. Provision of transportation demand management measures including deceleration lanes, or other measures provided by the most current available edition of the Los Angeles County congestion management plan;

C. Streetscape improvements including proportional costs of textured intersection treatments, monumentation, decorative sidewalk, portal landscaping and other streetscape elements prescribed by the general plan and Foothill Boulevard specific plan;

D. Proportional, fair share costs of infrastructure installations not otherwise required to be fully borne by the applicant elsewhere in this code;

E. Provisions of easements for landscape buffer purposes as provided by the Foothill Boulevard specific plan.

(Ord. 858 § 3, 1994)

Subdivision, parcel map, and other land division applications submitted in commercial and industrially zoned districts (including specific plans) shall include:

A. Provisions for interparcel access where the city engineer determines that such access is warranted;

B. Infrastructure installation required by the general plan, Foothill Boulevard specific plan, Lordsburg specific plan, industrial specific plan or other similar governing document;

C. Implementation of any congestion management, trip reduction or transportation demand management measures as may be prescribed by the current Los Angeles County congestion management program;

D. Payment of proportional fair share costs for landscape or streetscape improvements provided by the general plan, the Foothill Boulevard specific plan, Lordsburg specific plan, industrial specific plan, or other similar governing document;

E. Provisions for remedial cleanup of any hazardous or toxic conditions identified by the phase I environmental hazard study or environmental impact report, to the satisfaction of the appropriate regulatory agency.

(Ord. 858 § 3, 1994)

The following standards shall apply to the subdivision of any parcel containing a potential historic resource identified in city, county or state records, by local survey, by nomination to a city register, by the general plan or any implementing zoning or specific plan;

A. Applicants shall prepare a comprehensive analysis and inventory prior to submission of any map application, subject to Section 16.16.055C, subsections 1 through 3 inclusive, of this title.

B. In the event that an objective, written evaluation and findings, prepared to the specifications of the community development director or designee, determines that any such resource—including but not limited to archaeological, paleontological, historical, architectural or landscape resources—warrants preservation, the proposed map shall include a mitigation program including but not limited to the following:

1. Protective measures to secure the artifact or resource, including as appropriate in situ presentation, facade easements, Mills Act agreements, dedication of the resource to the city or an authorized agency dedicated to the protection of such resources;

2. An adaptive reuse plan to convert such resources to a productive use where the resource consists of one or more structures, and where the city building official or city-authorized consultant determines that the building may be saved;

3. A long-term maintenance program approved by the city and consistent with the provisions of the Standards for Rehabilitation of Historic Structures published by the U.S. Secretary of the Interior;

4. Preservation of any historic landscape features necessary preserve the context or identity of the resource;

5. Preparation of an archival quality photographic portfolio to the standards of the Historic American Building Survey;

6. Other measures as may be appropriate.

C. In the event that a qualified independent consults retained by the city determines that said resource does not preservation in situ but may be relocated or modified, the approving body may conditionally approve the tentative map, and shall impose as a condition of approval any combination of actions necessary to ensure adequate protection of the resource, including but not limited to:

1. Interpretative exhibits or public art component prepared to the specifications of the approving body;

2. Relocation and rehabilitation plan including to the specifications of the community development director or designee.

D. In the event that the city qualified consultant finds that a structure or resource is unsafe, or if the approving body finds that preservation of the resource denies the applicant of all reasonable use of the property, the approving body may authorize demolition subject to a resource mitigation plan which may include (although not limited to) any of the following and approved by the city:

1. Architectural quality photographic portfolio prepared to the specifications of the Historic American Building Survey;

2. Donation of the building to a community organization for relocation and preservation within one year of effective approval of the map;

3. Dedication of funds to an oral history, interpretive or educational program operated by an agency or nonprofit foundation approved by the city;

4. Other actions as may be appropriate.

E. No grading permit may be issued for demolition or grading affecting a potential scenic or cultural resource in the absence of a written determination by the community development director or designee that the provisions of this section have been observed.

(Ord. 858 § 3, 1994)

In the event that a negative declaration or environmental impact report is prepared in connection with any filing provided in this title, the imposition of any mitigation measures shall be subject to the preparation of a comprehensive mitigation monitoring program and submittal of this program for review, modification and approval by the community development director subject to the city's adopted environmental guidelines. Costs for said monitoring shall be borne solely by the applicant.

(Ord. 858 § 3, 1994)

The city council finds and determines that the provision of affordable housing is a responsibility to be shared proportionally with the construction of all new housing. The following housing requirements are therefore applicable to all new subdivisions:

A. Housing in Redevelopment Project Areas. Subdivisions and parcel maps filed within a redevelopment project area shall provide no less than fifteen percent of the resulting units to be made available for persons of low or low-moderate income as designated by the latest regional housing needs assessment of the Southern California Association of Governments. Said units shall be of substantially the same appearance, character and quality as other units found in the same project.

B. Outside Redevelopment Project Areas. Except as provided in subsection C of this section, subdivisions and parcel maps filed outside a redevelopment project area shall set aside no less than ten percent of the resulting lots for the construction of units affordable to persons of low or low-moderate income as designated by the latest regional housing needs assessment of the Southern California Association of Governments.

Said units shall be of substantially the same appearance, character and quality as other units found in the same project.

C. In Lieu Allowance. In lieu of the allocations required by subsection B of this section, the subdivider may choose to:

1. Develop a number of off-site units meeting the affordability criteria of subsection B at an alternate location approved by the approving body;

2. Dedicate land to the city, subject to an agreement ratified by the city council sufficient to allow for the development of the subdivider's fair share of affordable housing units;

3. Pay an in lieu fee in an amount as may be established from time to time by the city council and published in the city's fee resolution.

(Ord. 858 § 3, 1994)